City Council Meeting – August 20, 2024

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, August 20, 2024, at 5:00 p.m.

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

Also present were City Administrator Keith Muetzel, Finance Director Kari Klages, City Attorney Trenton Dammann, Public Works Project Coordinator Jim Doering, and Deputy City Clerk Caitlin Kodet.

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

A motion was made by Council Member Kerkhoff and seconded by Council Member Arentson to approve the August 6, 2024, minutes as presented. Motion passed by unanimous vote.

Krysta Schroeder, Abby Larson, Patti Machart, Board Members of PROTECTS - Redwood Falls were present to introduce the newly formed non-profit to Council. PROTECTS - Redwood Falls is a local non-profit designed to financially support Law Enforcement in the Redwood area, above and beyond their annual budgets, by providing resources, officer training, equipment, canine, and team support.

Mary Kamolz-Miner, Redwood Falls resident, was present to express concern regarding the Farmer’s Market held in the City public M & L parking lot. Ms. Kamolz-Miner requested Council revoke the Farmer’s Market use of the public parking lot because of the way the vendors are selected.

Tracci Nelson Lyon, Cindy Grams, and Steph Helsper, Farmer's Market Board Members, were present to provide an overview of the Farmer’s Market’s vendor selection process and explain the situation with Ms. Kamolz-Miner.

Mayor Quackenbush stated Council does not have authority over the vendor selection process for the Farmer's Market and would not be limiting the use of the parking lot.

A motion was made by Council Member Buckley and seconded by Council Member Sandgren to approve the following item on the Consent Agenda:

1. Purchase of 2025 Police Squad

Motion passed by unanimous vote.

City Attorney Dammann introduced Ordinance No. 92, Fourth Series – An Ordinance Amending The Redwood Falls City Code of Ordinances §10.35 and §11.15, Subd. 4 Pertaining to Grass, Weeds, and Other Vegetation.

Mr. Dammann stated the proposed Ordinance was introduced at the August 6, 2024, City Council Meeting. Staff is proposing changes to the City Code of Ordinances to make the City’s regulation of grass, weeds, and other vegetation consistent with Minnesota law, specifically Minn. Stat. § 412.925 relating to the installation and maintenance of “Managed Natural Landscapes,” which cities must allow to be installed and maintained on all parcels of land. “Managed Natural Landscapes,” as defined in Minn. Stat. § 412.925, may exceed 8 inches in height and be allowed to go to seed, but Minnesota cities can still require maintenance of these landscapes, including the elimination of noxious weeds. Under the changes to §11.15, Subd. 4, weeds and grasses that are not part of a “Managed Natural Landscape,” may not exceed 8 inches or be allowed to go to seed.

Mr. Dammann stated during the process of updating City Code to reflect changes in state law, it was also determined that the existing City Code does not take into account other types of property and situations within the City of Redwood Falls that in all fairness and practicality should be exempt from regulation. A list of exempt properties and conditions has also been added to §11.15, Subd. 4 to take these property interests into account. Minor changes to the ordinance have been made since the first reading to add clarity to the ordinance’s language.

Mr. Dammann further stated State law requires that all ordinances adopted be published prior to becoming effective. As Council is aware, Ordinance No. 92, Fourth Series is lengthy. However, 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 have prepared Resolution No. 44 of 2024 and Exhibit A, which contains the summary of Ordinance No. 92 for publication.

A motion was made by Council Member Sandgren and seconded by Council Member Kerkhoff to approve Ordinance No. 92, Fourth Series – An Ordinance Amending The Redwood Falls City Code of Ordinances §10.35 and §11.15, Subd. 4 Pertaining to Grass, Weeds, and Other Vegetation. Motion passed by the following roll call vote:

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

Public Works Project Coordinator Jim Doering introduced Ordinance No. 93, Fourth Series – An Ordinance Granting a Franchise To Sweetman Sanitation, To Collect and Haul Residential Municipal Solid Waste Generated By Residential and Multi-Residential Units Located Within The City of Redwood Falls, Minnesota

Mr. Doering stated the proposed Ordinance was introduced at the August 6, 2024, City Council Meeting. At the regular meeting of the City Council held on July 2, 2024, Council heard public comment before selecting by motion and vote to award the five-year (September 23, 2024 – September 21, 2029), City of Redwood Falls Residential Solid Waste Vendor franchise agreement to Sweetman Sanitation. Staff have worked with Sweetman Sanitation on the development of Ordinance No. 93, Fourth Series. State law requires that all ordinances adopted be published prior to becoming effective. As Council is aware, Ordinance No. 93, Fourth Series is lengthy. However, 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 have prepared Resolution No. 45 of 2024 and Exhibit A, which contains the summary of Ordinance No. 93 for publication.

Council Member Buckley expressed concern regarding the decision to award Sweetman Sanitation the franchise agreement.

A motion was made by Council Member Kerkhoff and seconded by Council Member Arentson to approve Ordinance No. 93, Fourth Series – An Ordinance Granting a Franchise To Sweetman Sanitation, To Collect and Haul Residential Municipal Solid Waste Generated By Residential and Multi-Residential Units Located Within The City of Redwood Falls, Minnesota. Motion passed by the following roll call vote:

AYE: Council Members Kerkhoff, Sandgren, and Arentson
NO: Council Member Buckley
ABSENT: Council Member Smith

City Attorney Dammann introduced Resolution No. 44 of 2024 – A Resolution of the City of Redwood Falls Providing for the Summary Publication of Ordinance No. 92, Fourth Series, An Ordinance Amending The Redwood Falls City Code of Ordinances §10.35 and §11.15, Subd. 4 Pertaining to Grass, Weeds, and Other Vegetation.

Mr. Dammann stated State law requires that all ordinances adopted be published prior to becoming effective. As Council is aware, Ordinance No. 92, Fourth Series is lengthy. However, 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 have prepared Resolution No. 44 of 2024 and Exhibit A, which contains the summary of Ordinance No. 92 for publication.

A motion was made by Council Member Arentson and seconded by Council Member Buckley to waive the reading of Resolution No. 44 of 2024 – A Resolution of the City of Redwood Falls Providing for the Summary Publication of Ordinance No. 92, Fourth Series, An Ordinance Amending The Redwood Falls City Code of Ordinances §10.35 and §11.15, Subd. 4 Pertaining to Grass, Weeds, and Other Vegetation. Motion passed by unanimous vote.

A motion was made by Council Member Sandgren and seconded by Council Member Kerkhoff to approve Resolution No. 44 of 2024 – A Resolution of the City of Redwood Falls Providing for the Summary Publication of Ordinance No. 92, Fourth Series, An Ordinance Amending The Redwood Falls City Code of Ordinances §10.35 and §11.15, Subd. 4 Pertaining to Grass, Weeds, and Other Vegetation. Motion passed by unanimous vote.

City Attorney Dammann introduced Resolution No. 45 of 2024 – A Resolution of the City of Redwood Falls Providing for the Summary Publication of Ordinance No. 93, Fourth Series, An Ordinance Granting a Franchise to Sweetman Sanitation to Collect and Haul Residential Municipal Solid Waste Generated by Residential and Multi-Residential Units Located Within the City of Redwood Falls, Minnesota.

Mr. Dammann stated State law requires that all ordinances adopted be published prior to becoming effective. As Council is aware, Ordinance No. 93, Fourth Series is lengthy. However, 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 have prepared Resolution No. 45 of 2024 and Exhibit A, which contains the summary of Ordinance No. 93 for publication.

A motion was made by Council Member Arentson and seconded by Council Member Kerkhoff to waive the reading of Resolution No. 45 of 2024 – A Resolution of the City of Redwood Falls Providing for the Summary Publication of Ordinance No. 93, Fourth Series, An Ordinance Granting a Franchise to Sweetman Sanitation to Collect and Haul Residential Municipal Solid Waste Generated by Residential and Multi-Residential Units Located Within the City of Redwood Falls, Minnesota. Motion passed by unanimous vote.

A motion was made by Council Member Arentson and seconded by Council Member Kerkhoff to approve Resolution No. 45 of 2024 – A Resolution of the City of Redwood Falls Providing for the Summary Publication of Ordinance No. 93, Fourth Series, An Ordinance Granting a Franchise to Sweetman Sanitation to Collect and Haul Residential Municipal Solid Waste Generated by Residential and Multi-Residential Units Located Within the City of Redwood Falls, Minnesota. Motion failed by the following vote:

AYE: Council Members Kerkhoff, Sandgren, and Arentson
NO: Council Member Buckley
ABSENT: Council Member Smith

City Attorney Dammann stated Resolutions approving an Ordinance Summary Publication require a four-fifths majority vote for approval.

A motion was made by Council Member Kerkhoff and seconded by Council Member Arentson to approve Resolution No. 45 of 2024 – A Resolution of the City of Redwood Falls Providing for the Summary Publication of Ordinance No. 93, Fourth Series, An Ordinance Granting a Franchise to Sweetman Sanitation to Collect and Haul Residential Municipal Solid Waste Generated by Residential and Multi-Residential Units Located Within the City of Redwood Falls, Minnesota. Motion passed by the following vote:

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

HR Coordinator Sheila Stage was present to introduce the Policy Governing Fire Department Fingerprint-Based Criminal History Record Information (CHRI) Checks.

Ms. Stage stated this policy is applicable to any fingerprint-based state and national criminal history record check made for non-criminal justice purposes and requested under applicable federal authority and/or state statute authorizing such checks for Fire Department employment purposes. Where such checks are allowable by law, the practices and procedures of the policy will be followed when doing BCA background checks for Firefighters. Staff recommends approval of the proposed Policy Governing Fire Department Fingerprint-Based Criminal History Record Information (CHRI) Checks Made for Non-Criminal Justice Purposes to be included in the City of Redwood Falls Background Screen Policy.

A motion was made by Council Member Sandgren and seconded by Council Member Buckley to approve the Policy Governing Fire Department Fingerprint-Based Criminal History Record Information (CHRI) Checks. Motion passed by unanimous vote.

City Attorney Dammann introduced Resolution No. 46 of 2024 – A Resolution of the City of Redwood Falls Providing for Authorization Approving Sale of Real Property Located at 803 S Washington Street and 206 E Broadway St.

Mr. Dammann stated on August 12, 2024, the Redwood Falls Port Authority held a public hearing on the sale of the property located at 803 S. Washington Street and 206 E. Broadway Street to Mike and Linda U’ren, whose proposal includes plans to construct a single-family home on the property. After the hearing, the Port Authority found that the proposal was in the best interests of the district and its people, and that the transaction furthered the general plan of Port Authority improvement. The Port Authority authorized executing and closing on the approved purchase agreement.

Mr. Dammann stated pursuant to Minn. Stat. § 462.356, subd. 2, when a City has a comprehensive municipal plan and a planning commission, the statute requires that no publicly owned interest in real property within the municipality be disposed of, until after the planning commission has reviewed the proposed disposal and reported in writing to the City Council its findings as to compliance of the proposed disposal with the comprehensive municipal plan. However, a City Council may, by resolution adopted by two-thirds vote dispense with the requirements of that subdivision when in its judgment it finds that the proposed disposal of real property has no relationship to the comprehensive municipal plan. Given the need to close the purchase agreement in a timely manner, Staff is recommending that Council adopt the proposed resolution to approve the sale and dispense with any requirements found in Minn. Stat. § 462.356, subd. 2.

A motion was made by Council Member Sandgren and seconded by Council Member Kerkhoff to waive the reading of Resolution No. 46 of 2024 – A Resolution of the City of Redwood Falls Providing for Authorization Approving Sale of Real Property Located at 803 S Washington Street and 206 E Broadway St. Motion passed by unanimous vote.

A motion was made by Council Member Arentson and seconded by Council Member Buckley to approve Resolution No. 46 of 2024 – A Resolution of the City of Redwood Falls Providing for Authorization Approving Sale of Real Property Located at 803 S Washington Street and 206 E Broadway St. Motion passed by unanimous vote.

Finance Director Klages introduced Resolution No. 47 of 2024 – Resolution Accepting the Offer of the Minnesota Public Facilities Authority to Purchase A $2,731,873.00 General Obligation Sewer Revenue Note of 2024A, Providing for its Issuance, and Authorizing Execution of a Bond Purchase and Project Loan Agreement with Point Source Implementation Grant.

Ms. Klages stated on April 16, 2024, Council awarded the bid for the Wastewater Treatment Facility Improvements project. The total overall cost of the project, including non-construction costs is $9,450,010.00. The project’s planned funding source included a Point Source Implementation Grant (PSIG) as well as a low interest loan through the Minnesota Public Facilities Authority (PFA). Resolution No. 47 of 2024 formally authorizes the loan from PFA in the amount of up to $2,731,873.00 at an interest rate of 2.044% over a twenty-year term. In addition to the loan, the resolution authorizes the grant of up to $6,718,137.00 from the Point Source Implementation Grant Program.

A motion was made by Council Member Buckley and seconded by Council Member Kerkhoff to waive the reading of Resolution No. 47 of 2024 – Resolution Accepting the Offer of the Minnesota Public Facilities Authority to Purchase A $2,731,873 General Obligation Sewer Revenue Note of 2024A, Providing for its Issuance, and Authorizing Execution of a Bond Purchase and Project Loan Agreement with Point Source Implementation Grant. Motion passed by unanimous vote.

A motion was made by Council Member Arentson and seconded by Council Member Sandgren to approve Resolution No. 47 of 2024 – Resolution Accepting the Offer of the Minnesota Public Facilities Authority to Purchase A $2,731,873 General Obligation Sewer Revenue Note of 2024A, Providing for its Issuance, and Authorizing Execution of a Bond Purchase and Project Loan Agreement with Point Source Implementation Grant. Motion passed by unanimous vote.

City Administrator Muetzel introduced Resolution No. 48 of 2024 – A Resolution Adopting a Property Assessed Clean Energy (PACE) Special Assessment as Requested By Property Owner.

Mr. Muetzel stated on June 4, 2024, Council approved a Joint Powers Agreement to participate in the Minnesota Property Assessed Clean Energy Program (PACE). The PACE program provides developers with energy efficiency loan funds that are repaid solely from special assessments levied by the City against the benefiting property. Under this repayment arrangement, the City agrees to collect the assessments representing the loan repayments and remit those payments to the lender. The energy efficiency loans do not constitute a liability or indebtedness of the City and the City has no repayment obligation. The developers of the Red Skye Lofts Project have received approval to participate in the PACE program and are requesting approval of the attached resolution establishing a $2,250,000.00 assessment on their property.

A motion was made by Council Member Kerkhoff and seconded by Council Member Buckley to waive the reading of Resolution No. 48 of 2024 – A Resolution Adopting a Property Assessed Clean Energy (PACE) Special Assessment as Requested By Property Owner. Motion passed by unanimous vote.

A motion was made by Council Member Sandgren and seconded by Council Member Arentson to approve Resolution No. 48 of 2024 – A Resolution Adopting a Property Assessed Clean Energy (PACE) Special Assessment as Requested By Property Owner. Motion passed by unanimous vote.

Public Works Project Coordinator Jim Doering introduced the 2022 Drew Street Improvements – Final Pay Application.

Mr. Doering stated the final contract price totals $2,545,136.99 which is lower than the original budget amount of $2,684,596.41. The cost savings were due to less subgrade corrections needed and the ability to salvage and re-use millings and salvage gravel materials on site. The two-year warranty period, per contract started upon substantial completion of the final wear course of bituminous which occurred on May 17, 2023. The final acceptance date will be May 17, 2025. Any material deficiencies observed during the warranty period must be brought to the attention of the Contractor, in writing, before the expiration date. A warranty walk through is scheduled this November with a final in April of 2025. Staff is recommending for approval the Final Pay Application No. 8 (2022 Drew Street Improvements) in the amount $58,602.01.

A motion was made by Council Member Sandgren and seconded by Council Member Buckley to approve the 2022 Drew Street Improvements – Final Pay Application in the amount of $58,602.01. Motion passed by unanimous vote.

Mayor Quackenbush expressed appreciation to the Parks & Recreation Department for assistance with “Joe Hendry Day” and the Falls Fury event at the Community Center.

Bills 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 Sandgren and seconded by Council Member Arentson to adjourn the meeting at 6:15 p.m. Motion passed by unanimous vote.