City Council Meeting – Tuesday, October 4, 2016

Pursuant to due call and notice thereof, a regular meeting of the Redwood Falls City Council was called to order in the Municipal Chambers on Tuesday, October 4, 2016, at 5:01 p.m.

Roll call indicated Mayor Corey Theis, Council Members Jim Sandgren, Matt Smith, Bob Van Hee, John Buckley and Paul DeBlieck were present, constituting a quorum.

Also present were City Administrator Keith Muetzel, Public Works Project Coordinator Jim Doering and Council Secretary Amy Kerkhoff.  Director of Finance & Administrative Services Missi Meyer and City Attorney Amy Busse were absent.

A motion was made by Council Member Smith and seconded by Council Member Buckley approving the agenda as presented.  Motion was carried by unanimous vote.

A motion was made by Council Member Sandgren and seconded by Council Member Smith approving the September 20, 2016, Regular City Council Meeting minutes as presented.  Motion was carried by unanimous vote.

A motion was made by Council Member Van Hee and seconded by Council Member Buckley unanimously approving the following items on the Consent Agenda:

1.       Recommendations from Hospital Credentialing Committee.

2.       Replacement of Hospital Water Heater.

3.       Purchase of Hospital Pharmacy Omnicell G4 Upgrade.

4.       Purchase of Hospital Novii Wireless Patch System for Fetal Monitors.

Mayor Corey Theis opened a public hearing at 5:02 p.m. to discuss delinquent accounts and unpaid maintenance costs.

No one was present to voice any concerns.

Mayor Theis closed the public hearing at 5:03 p.m.

Resolution No. 53 of 2016 – Resolution Adopting Assessments for Delinquent Accounts was presented by City Administrator Keith Muetzel.

Mr. Muetzel stated letters were sent to the account holders and notice of the public hearing was published.

A motion was made by Council Member Sandgren and seconded by Council Member Smith to waive the reading of Resolution No. 53 of 2016 – Resolution Adopting Assessments for Delinquent Accounts.  Motion was carried by unanimous vote.

A motion was made by Council Member Smith and seconded by Council Member Buckley approving Resolution No. 53 of 2016 – Resolution Adopting Assessments for Delinquent Accounts.  Motion was carried by unanimous vote.

Resolution No. 54 of 2016 – Resolution Adopting Assessments for Unpaid Maintenance Costs was presented by City Administrator Keith Muetzel.

A motion was made by Council Member Buckley and seconded by Council Member DeBlieck to waive the reading of Resolution No. 54 of 2016 – Resolution Adopting Assessments for Unpaid Maintenance Costs.  Motion was carried by unanimous vote.

A motion was made by Council Member Buckley and seconded by Council Member Van Hee approving Resolution No. 54 of 2016 – Resolution Adopting Assessments for Unpaid Maintenance Costs.  Motion was carried by unanimous vote.

City Administrator Keith Muetzel presented Ordinance No. 52, Fourth Series – An Ordinance of the City of Redwood Falls, Minnesota Annexing Land Located in Honner Township, Redwood County, Minnesota Pursuant to Minnesota Statutes § 414.033 Subdivision 2(3), Permitting Annexation by Ordinance.

Mr. Muetzel stated the ordinance was first introduced at the September 20, 2016, meeting.

Mr. Muetzel stated Debra Wertish filed a petition to annex approximately 1.806 acres of real property from Honner Township.  The property currently abuts three City boundaries.  The petitioner is requesting to be annexed into the City in order to be connected to City water and sewer services.

Mr. Muetzel stated the annexation petition will be filed with the Minnesota Board of Adjustments.

A motion was made by Council Member Smith and seconded by Council Member Van Hee approving Ordinance No. 52, Fourth Series – An Ordinance of the City of Redwood Falls, Minnesota Annexing Land Located in Honner Township, Redwood County, Minnesota Pursuant to Minnesota Statutes § 414.033 Subdivision 2(3), Permitting Annexation by Ordinance.  Motion was passed by the following roll call vote.

AYE:   Council Members Sandgren, Smith, Van Hee, Buckley and DeBlieck

NO:      No one

City Administrator Keith Muetzel presented Ordinance No. 53, Fourth Series – An Ordinance Opting-Out of the Requirements of the Minnesota Statutes, Section § 462.3593 for Temporary Family Health Care Dwellings.

Mr. Muetzel stated the ordinance was first introduced at the September 20, 2016, meeting.

Mr. Muetzel stated there is a new law that requires municipalities to allow “Temporary Family Health Care Dwellings” under Minnesota Statute Section § 462.3593.  The new law allows landowners to place residential dwellings on their property to serve as transitional housing for family members with mental or physical impairments that need short term care so long as various requirements can be met through an application process.  There are several concerns for communities related to these temporary structures and many communities have decided to opt-out which is allowed pursuant to Minnesota Statutes § 462.3593, subdivision 9.  As for the City, the main concern is that Minnesota Statutes § 462.3593 is not consistent with City zoning ordinances and the enforcement and regulation of these structures would place an unreasonable burden on staff.

Mr. Muetzel stated emergency vehicle access must be provided to these structures.  In most residential lots, this would require units to be located in the front yard near the street.   However, these structures would be classified as “accessory structures” under Zoning Ordinance 7.18 (A)(C)(2), which states accessory structures are not allowed in the front or corner side yard.

Mr. Muetzel stated per the new law, structures cannot exceed 300 gross square feet and cannot be attached to a permanent structure or be placed on a foundation.  However, Zoning Ordinance 7.17 (A)(11), requires any accessory structure greater than 200 square feet be placed on a permanent foundation.

Mr. Muetzel stated under the new law, cities are responsible for permitting and inspecting these dwellings.  Cities are allowed 15-days to review and issue a permit and cannot hold a public hearing regarding the application.  Under Zoning Ordinance 3.10 (G), the City is allowed 60-days to review and rule on an application, with an option to extend the review period to 120-days.  The 15-day time limit appears to be an unreasonable amount of time to process an application for these specific structures.  The application for these structures must include: written certification signed by a Minnesota licensed physician, physician assistant or advanced practice registered nurse that the applicant with the mental or physical impairment needs assistance preforming two or more “instrumental activities of daily life”, an executed contract for septic sewer management or other proof of adequate septic sewer management, an affidavit that the applicant provided notice to adjacent property owners and residents, a general site map showing the location of the structure and other structures on the lot, and comply with all the setbacks and maximum floor area requirements per city zoning ordinances.  These dwellings are only allowed on properties for up to six-months with a onetime request for another six-month extension.  Staff has concerns about the demand on time for monitoring these units for compliance every six-months and how the City would handle a situation of noncompliance.  Staff recommends “Opting-out” of the requirements of Minnesota Statutes § 462.3593.

A motion was made by Council Member Van Hee and seconded by Council Member DeBlieck to approve Ordinance No. 53, Fourth Series – An Ordinance Opting-Out of the Requirements of the Minnesota Statutes, Section § 462.3593 for Temporary Family Health Care Dwellings.  Motion was passed by the following roll call vote.

AYE:   Council Members Sandgren, Smith, Van Hee, Buckley and DeBlieck

NO:      No one

Resolution No. 52 of 2016 – Resolution Appointing 2016 Election Judges was presented by City Administrator Keith Muetzel.

A motion was made by Council Member Smith and seconded by Council Member DeBlieck to waive the reading of Resolution No. 52 of 2016 – Resolution Appointing 2016 Election Judges.  Motion was carried by unanimous vote.

A motion was made by Council Member DeBlieck and seconded by Council Member Buckley approving Resolution No. 52 of 2016 – Resolution Appointing 2016 Election Judges.  Motion was carried by unanimous vote.

Redwood Area Hospital CEO Bryan Lydick was present to discuss a lease agreement between Redwood Falls Industries and the Redwood Area Hospital.

Mr. Lydick stated the proposed lease would permit the Hospital to eliminate their current storage space at 504 Veda Street and the commercial rental space east of town allowing for one storage location.

Mr. Lydick stated the Hospital will be leasing half of the 30’ x 56’ storage shed located at 1129 East 2nd Street.  The Hospital will carry renter’s insurance for the contents stored in the shed.  The term of the lease will start on October 1, 2016, and continue until December 15, 2019.  Annual rent is $2,700 payable in monthly installments of $225.

A motion was made by Council Member Buckley and seconded by Council Member Van Hee approving the lease between Redwood Falls Industries, Inc. and the Redwood Area Hospital.  Motion was carried by the following vote:

AYE:   Council Members Sandgren, Smith, Van Hee and Buckley

NO:      Council Member DeBlieck

Police Chief Mark Dressen was present on behalf of the Celebrate Redwood Falls Volunteer Board to discuss a request to close the 100 Block of East 2nd Street from 5:30 p.m. to 11:00 p.m. on Friday, October 28 and Saturday, October 29, and from 4:00 p.m. to 11:00 p.m. on Monday, October 31, for the Francois Haunted Hotel and Monsters on Main Street event.

Chief Dressen stated the closed street area will be used for staging for those waiting to go through the Francois Haunted Hotel.  The Monsters on Main Street event for children under 13 will be held on Monday, October 31 from 5:00 p.m. to 7:00 p.m.  All businesses have been invited to setup along the closed street to hand out treats and/or have a fun game or activity for children.  Staff recommends approval of the request.

Chief Dressen stated the Board is requesting the City provide assistance for this event by delivering 4 picnic tables to the parking spots in front of the former Wilson’s building on 2nd Street, setup barricades to close 2nd Street from Washington to Mill Street and grant permission to put decorative lights on the street poles.

A motion was made by Council Member Smith and seconded by Council Member DeBlieck approving the Celebrate Redwood Falls Volunteer Board’s requests for the Francois Haunted Hotel and Monsters of Main Street event.  Motion was carried by unanimous vote.

City Administrator Keith Muetzel discussed the hiring of the Power Plant Operator/Mechanic position.

Mr. Muetzel stated the interview team completed the selection process for the vacant Power Plant Operator/Mechanic position.  The team interviewed five candidates and offered the position to Tyler Stage.

A motion was made by Council Member Smith and seconded by Council Member Buckley approving the interview team’s recommendation to offer the Power Plant Operator/Mechanic position to Tyler Stage at Pay Grade EW6, Step 1 of IBEW Agreement, including a six-month probationary period.  Motion was carried by the following vote:

AYE:   Council Members Sandgren, Smith, Van Hee and Buckley

NO:      Council Member DeBlieck

Bill and Claims were presented to the Council for informational purposes.  No questions, comments or concerns were raised.

There being no further business, a motion was made by Council Member Van Hee and seconded by Council Member Buckley to adjourn the meeting at 5:27 p.m.  Motion was carried by unanimous vote.

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