City Council Meeting – April 6, 2021

MINUTES
REGULAR COUNCIL MEETING
CITY OF REDWOOD FALLS, MINNESOTA
TUESDAY, APRIL 6, 2021

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, April 6, 2021, at 5:00 p.m.

Roll call indicated Mayor Tom Quackenbush and Council Members Jim Sandgren, Matt Smith, Larry Arentson, and Denise Kerkhoff were present constituting a quorum. Council Member John T. Buckley was absent.

Also present were City Administrator Keith Muetzel, City Attorney Trenton Dammann, Public Works Project Coordinator Jim Doering, and Council Secretary Caitlin Kodet. Director of Finance & Administrative Services Melissa Meyer was present via electronic means.

A motion was made by Council Member Kerkhoff and seconded by Council Member Smith to approve the agenda. Motion passed by unanimous vote.

A motion was made by Council Member Smith and seconded by Council Member Arentson to
approve the March 16, 2021, minutes as presented. Motion passed by unanimous vote.

A motion was made by Council Member Arentson and seconded by Council Member Smith to approve the following items on the Consent Agenda.

1. Approve Administrative Hearing Officer Appointment
2. Approve Public Utilities Service Truck Purchase
3. Approve Street Department Pickup and Dump Box Purchase
4. Approve Central Garage Front End Loader Trades
5. Approve Wide Area Mower Purchase

Motion passed by unanimous vote.

Mayor Quackenbush opened a public hearing at 5:06 p.m. to discuss delinquent utility accounts & maintenance charges.

City Administrator Muetzel introduced Resolution No. 22 of 2020 – Resolution Adopting Assessments for Delinquent Accounts and Resolution No. 23 of 2020 – Resolution Adopting Assessments for Unpaid Maintenance Costs.

Mr. Muetzel stated the proposed Resolutions are to adopt assessments for delinquent utility accounts and maintenance cost charges that are more than 30 days past due. Similar resolutions are brought to the City Council on a quarterly basis in order to improve the time between the delinquent billing and the ability to disclose the information to new property owners. The delinquent account resolutions will be presented each year at the first meeting in January, April, July, and October.

Mr. Muetzel further explained the delinquent process. Delinquent letters are first mailed to the utility account holders. Delinquent letters are then mailed to the property owners if not collected from the account holders. Electricity consumed by a tenant is not assessable to the property. Any unpaid balance is then brought to the Council to be approved by resolution. Any pending assessments passed by resolution and still outstanding as of November 1st will be charged a $50.00 fee and are then transferred to Redwood County to be assessed on the tax rolls.

No one was present to voice any concerns.

Mayor Quackenbush closed the public hearing at 5:09 p.m.

A motion was made by Council Member Smith and seconded by Council Member Kerkhoff to waive the reading of Resolution No. 22 of 2021 – Resolution Adopting Assessments for Delinquent Accounts. Motion passed by unanimous vote.

A motion was made by Council Member Arentson and seconded by Council Member Sandgren to approve Resolution No. 22 of 2021 – Resolution Adopting Assessments for Delinquent Accounts. Motion passed by unanimous vote.

A motion was made by Council Member Sandgren and seconded by Council Member Smith to waive the reading of Resolution No. 23 of 2021 – Resolution Adopting Assessments for Unpaid Maintenance Costs. Motion passed by unanimous vote.

A motion was made by Council Member Kerkhoff and seconded by Council Member Arentson to approve Resolution No. 23 of 2021 – Resolution Adopting Assessments for Unpaid Maintenance Costs. Motion passed by unanimous vote.

Council Member John T. Buckley arrived at 5:10 p.m.

City Attorney Dammann introduced Ordinance No. 69, Fourth Series – An Ordinance Amending Redwood Falls City Code of Ordinances Chapter 11, and Repealing Ordinance No. 44, Fourth Series, Adopted on November 7, 2014, and Titled “Adoption of a Unified Development Ordinance Replacing The Entirety of Chapter 11 and Chapter 12 of the City Code of Ordinances.”

Mr. Dammann stated the proposed Ordinance was introduced at the March 16, 2021 City Council Meeting. This proposed ordinance would create a new Property Maintenance Code within Chapter 11, pulling selected language from certain sections of the City’s current Chapter 10 (sections which City Staff determined to be appropriate for inclusion in Chapter 11) along with language from the 2018 International Property Maintenance Code as selected by Building Official Tim Hanna. The goal of this change is to centralize the regulations of real property found in City Code, and to allow for a more efficient enforcement of these provisions.

Mr. Dammann stated as part of the implementation of this change, the current language found in Chapter 11 and Chapter 12 will be repealed and moved to Chapter 14 and Chapter 15 as part of Ordinance No. 70. Duplicative sections found in Chapter 10, as a result of the adoption of this proposed ordinance, will also need to be dealt with as part of a future ordinance specifically addressing Chapter 10, and the sections moving from 10 to 11 will need to be modified in the City’s Fine and Fee schedule.

Mr. Dammann further stated state law requires that all ordinances adopted be published prior to becoming effective. Minnesota Statutes, Section 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps. Since this ordinance is lengthy, Staff has prepared a separate resolution and summary for approval to publish.

A motion was made by Council Member Smith and seconded by Council Member Kerkhoff to approve Ordinance No. 69, Fourth Series – An Ordinance Amending Redwood Falls City Code of Ordinances Chapter 11, and Repealing Ordinance No. 44, Fourth Series, Adopted on November 7, 2014, and Titled “Adoption of a Unified Development Ordinance Replacing The Entirety of Chapter 11 and Chapter 12 of the City Code of Ordinances.” Motion passed by the following roll call vote.

AYE: Council Members Buckley, Kerkhoff, Smith, Arentson, and Sandgren,
NO: None

City Attorney Dammann introduced Ordinance No. 70, Fourth Series – An Ordinance Adopting a Unified Development Ordinance Replacing The Entirety of Chapter 14 and Chapter 15 of the City Code of Ordinances.

Mr. Dammann stated the proposed Ordinance was introduced at the March 16, 2021 City Council Meeting. This proposed ordinance would create a new Property Maintenance Code within Chapter 11, pulling selected language from certain sections of the City’s current Chapter 10 along with language from the 2018 International Property Maintenance Code. The goal of this change is to centralize the regulations of real property found in City Code, and to allow for a more efficient enforcement of these provisions. As part of the implementation of this change, the current language found in Chapter 11 and Chapter 12 will be repealed and moved to Chapter 14 and Chapter 15 as part of Proposed Ordinance No. 70, which designates Chapter 14 and 15 as the new Unified Development Ordinance.

A motion was made by Council Member Arentson and seconded by Council Member Smith to approve Ordinance No. 70, Fourth Series – An Ordinance Adopting a Unified Development Ordinance Replacing The Entirety of Chapter 14 and Chapter 15 of the City Code of Ordinances. Motion passed by the following roll call vote.

AYE: Council Members Buckley, Kerkhoff, Smith, Arentson, and Sandgren,
NO: None

City Attorney Dammann introduced Ordinance No. 71, Fourth Series – Amending Redwood Falls City Code of Ordinances §4.07 and Repealing Ordinance No. 124, Third Series, Adopted on March 3, 2009, Titled “An Ordinance Adopting the 2006 Edition of the International Property Maintenance Code.”

Mr. Dammann stated the proposed Ordinance was introduced at the March 16, 2021 City Council Meeting. With the creation of the new Chapter 11 Property Maintenance Code, the language found in the current §4.07 is no longer needed and is in fact, a reference to an outdated version of the International Property Maintenance Code which was adopted by Ordinance No. 124, Third Series. Staff recommends amending the current language found in §4.07 and the reservation of that section for other future use as well as the repeal of Ordinance No. 124, Third Series.

A motion was made by Council Member Kerkhoff and seconded by Council Member Sandgren to approve Ordinance No. 71, Fourth Series – Amending Redwood Falls City Code of Ordinances §4.07 and Repealing Ordinance No. 124, Third Series, Adopted on March 3, 2009, Titled “An Ordinance Adopting the 2006 Edition of the International Property Maintenance Code.” Motion passed by the following roll call vote.

AYE: Council Members Buckley, Kerkhoff, Smith, Arentson, and Sandgren,
NO: None

City Attorney Dammann introduced Resolution No. 24 of 2021 – A Resolution of the City of Redwood Falls Providing for the Summary Publication of Ordinance No. 69, Fourth Series, An Ordinance Amending Redwood Falls City Code of Ordinances Chapter 11, and Repealing Ordinance No. 44, Fourth Series, Adopted on November 7, 2014, and Titled “Adoption of a Unified Development Ordinance Replacing The Entirety of Chapter 11 and Chapter 12 of the City Code of Ordinances.”

Mr. Dammann stated state law requires that all ordinances adopted be published prior to becoming effective, and as Council is aware, Ordinance No. 69, Fourth Series is lengthy. Minnesota Statutes, Section 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps. Staff has prepared Resolution No. 24 of 2021 and Exhibit A which contains the summary of Ordinance No. 69 for publication.

A motion was made by Council Member Buckley and seconded by Council Member Smith to waive the reading of Resolution No. 24 of 2021 – A Resolution of the City of Redwood Falls Providing for the Summary Publication of Ordinance No. 69, Fourth Series, An Ordinance Amending Redwood Falls City Code of Ordinances Chapter 11, and Repealing Ordinance No. 44, Fourth Series, Adopted on November 7, 2014, and Titled “Adoption of a Unified Development Ordinance Replacing The Entirety of Chapter 11 and Chapter 12 of the City Code of Ordinances.” Motion passed by unanimous vote.

A motion was made by Council Member Smith and seconded by Council Member Arentson to approve Resolution No. 24 of 2021 – A Resolution of the City of Redwood Falls Providing for the Summary Publication of Ordinance No. 69, Fourth Series, An Ordinance Amending Redwood Falls City Code of Ordinances Chapter 11, and Repealing Ordinance No. 44, Fourth Series, Adopted on November 7, 2014, and Titled “Adoption of a Unified Development Ordinance Replacing The Entirety of Chapter 11 and Chapter 12 of the City Code of Ordinances.” Motion passed by unanimous vote.

Parks & Rec Director Ross Nachreiner was present to discuss a request from the Celebrate Redwood Falls Committee for assistance with the upcoming NightFalls event to be held on Thursday, April 29, Friday, April 30, and Saturday, May 1, 2021 at Ramsey Park.

Mr. Nachreiner stated the committee is requesting the following for the NightFalls event:
1. Use of the Falls & Zeb Gray Shelter (use would include closing the area during the events and waive the rental fee).
2. Due to Covid, this would be a drive thru event. One-way traffic would enter Grove St and Exit on Oak St. The entrance and exit will be staffed by Celebrate Redwood Falls volunteers. They will also have volunteers scattered at other parking and turn around areas of the park to ensure traffic goes the correct direction.
3. Use of various City equipment such as barricades & cones, etc.
4. Closure of the park road from one direction Grove Street through to the Swayback Bridge from 8:00 p.m. until 11:00 p.m. for all 3 evenings.
5. Event Time: 8:30 p.m. – 11:00 p.m. (park does close at 11:00 p.m.)
6. Request Redwood Falls Police Department assistance throughout the event.

A motion was made by Council Member Kerkhoff and seconded by Council Member Buckley to approve the Celebrate Redwood Falls Committee’s requests for the NightFalls event. Motion passed by unanimous vote.

Public Utilities Superintendent Chuck Heins was present to introduce Resolution No. 25 of 2021 – Authorization to Execute West Substation Feeders 1 & 2 Relocation DGR Project #421122 With Michels Power.

Mr. Heins stated this project is being completed to provide better reliability and serviceability to two of the main feeders that run from the West Substation to the Main Power Plant and also feed the downtown area of the City of Redwood Falls. Three bids for the project were received, opened, and publicly read on Thursday, March 25, 2021 at 1:15 pm. All three bidders are very qualified to complete this project. DGR provided a budget estimate of $544,000 which was not defined in the 2021 capital budget, but the hospital circuit feeder #5 was in the amount of $750,000. When the bids were opened they ranged from $450,380 to $269,631.21. DGR reviewed the bids for completeness and mathematical errors. Staff recommends the bid be awarded to Michels Power Inc., of Neenah, Wisconsin in the amount of $269,631.21.

A motion was made by Council Member Sandgren and seconded by Council Member Buckley to waive the reading of Resolution No. 25 of 2021 – Authorization to Execute West Substation Feeders 1 & 2 Relocation DGR Project #421122 With Michels Power. Motion passed by unanimous vote.

A motion was made by Council Member Smith and seconded by Council Member Arentson to approve Resolution No. 25 of 2021 – Authorization to Execute West Substation Feeders 1 & 2 Relocation DGR Project #421122 With Michels Power. Motion passed by unanimous vote.

City Administrator Muetzel introduced Resolution No. 26 of 2021 – Authorization to Execute the Development Agreement with Redwood County Related to the Construction of a New County Courthouse, Underground Tunnel, and Law Enforcement Center Addition.

Council Members Kerkhoff and Sandgren stated, “I have a conflict of interest regarding this agenda item as I am employed by the County, receive compensation from the County, and the action requested by the County will substantially affect my employer. Based on the conflict of interest, I can neither vote nor participate in the discussion regarding the agenda item.”

Mr. Muetzel stated representatives from the City of Redwood Falls and Redwood County have negotiated the terms of the development agreement for the Justice Center Project. The purpose of the development agreement is to establish each party’s responsibility relating to the design and construction of public and private improvements needed for the project. Examples of public improvements include sidewalk, curb/gutter and street improvements. The Redwood County Board approved the agreement on April 6, 2021.

Mr. Muetzel stated the significant terms of the development agreement include:

– Redwood County will be responsible for 100% of the design, construction, and expense of all municipal improvements required for the project.
– Redwood County will be responsible for all customary City plan review and building permit fees.
– Redwood County will be responsible for construction observation of the municipal infrastructure improvements.
– The City will make a lump sum payment to Redwood County in the amount of $50,000.00 to offset a portion of the infrastructure costs.

A motion was made by Council Member Buckley and seconded by Council Member Arentson to waive the reading of Resolution No. 26 of 2021 – Authorization to Execute the Development Agreement with Redwood County Related to the Construction of a New County Courthouse, Underground Tunnel, and Law Enforcement Center Addition. Motion passed by unanimous vote.

A motion was made by Council Member Buckley and seconded by Council Member Arentson to approve Resolution No. 26 of 2021 – Authorization to Execute the Development Agreement with Redwood County Related to the Construction of a New County Courthouse, Underground Tunnel, and Law Enforcement Center Addition. Motion passed by the following vote.

AYE: Council Members Buckley, Smith, and Arentson.
NO: None
CONFLICT OF INTEREST: Council Members Kerkhoff and Sandgren

City Administrator Muetzel stated Carris Health is scheduled to vacate the former hospital building by May 1st. Redwood Property Holdings has stated they are committed to the project and the estimated closing date of the purchase agreement is on or before June 30th. The City is responsible for the building from May 1st until the agreed upon closing. Redwood Property Holdings has updated the plans and are currently proposing to create 58 housing units, comprised of one- and two-bedroom units as well as one three-bedroom unit. Redwood Property Holdings has requested the City begin the process to obtain Tax Increment Financing (TIF). City Staff intends to bring before Council a Resolution to schedule a public hearing to create the TIF District. The estimated cost of the proposed development remodel is about $80,000 per unit totaling $4.5 million.

Public Works Project Coordinator Doering stated Redwood-Cottonwood Rivers Control Area (RCRCA) is the lead on the Lake Reclamation Project and they just awarded the bid to Brennan Industries with the plan to start dredging by June 1. In the coming weeks, RCRCA will meet with land owners to prepare for laying the pipe and begin dredging. The lower portion of Perk’s Park will be fenced off but the playground equipment and shelter will be available for use during the project.

Bills and Claims were presented to Council for informational purposes. No questions, comments, or concerns were raised.
There being no further business, a motion was made by Council Member Smith and seconded by Council Member Arentson to adjourn the meeting at 5:53 p.m. Motion passed by unanimous vote.