MINUTES
REGULAR COUNCIL MEETING
CITY OF REDWOOD FALLS, MINNESOTA
TUESDAY, MARCH 19, 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, March 19, 2024, at 5:00 p.m.
Roll call indicated Mayor Tom Quackenbush and Council Members Matt Smith, Denise Kerkhoff, Jim Sandgren, and John T. Buckley were present, constituting a quorum. Council Member Larry Arentson 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.
City Administrator Muetzel requested the addition of Consent Agenda Item 6D – Show Permit for Cindy Migley’s Circus Spectacular.
A motion was made by Council Member Kerkhoff and seconded by Council Member Smith to approve the agenda with the addition of Consent Agenda Item 6D – Show Permit for Cindy Migley’s Circus Spectacular. Motion passed by unanimous vote.
A motion was made by Council Member Buckley and seconded by Council Member Sandgren to approve the February 20, 2024, minutes as presented. Motion passed by unanimous vote.
A motion was made by Council Member Sandgren and seconded by Council Member Kerkhoff to approve the following items on the Consent Agenda:
- Temporary Street Closure Request – Discover Downtown
- Police Squad Car/Equipment Purchase
- Declare 2019 Chevy Tahoe Squad as Surplus Property and Authorize Sale
- Show Permit for Cindy Migley’s Circus Spectacular
Motion passed by unanimous vote.
Mayor Quackenbush requested to move Agenda Item 9A – Dangerous Dog Appeal Hearing to the end of the agenda due to Ms. Campbell’s absence.
Parks & Recreation Director Ross Nachreiner was present to introduce the 2024 Joint City-School Projects.
Mr. Nachreiner stated the Community Center Board met on Wednesday, February 21, 2024, to review a list of project requests. The Board recommends approval of the 2024 Joint City-School Projects as presented and requests to disperse the 2024 Joint City-School funds to the Independent School District #2897.
Mr. Nachreiner stated the money that is not spent each year will carry over to the next year allowing for larger purchases to align with the Community Center Board’s Capital Improvement Plan. The School District holds the funds and is responsible for the purchases.
A motion was made by Council Member Smith and seconded by Council Member Sandgren to approve the Community Center Board’s project requests and purchases as presented, disbursement of the 2024 Joint City-School Funds in the amount of $10,000 to ISD #2897, and the Community Center Board’s request to declare surplus and authorize the trade or sale of the presented equipment, one treadmill, one upright bike, one PowerMill, one NuStep, and 2 barbells. Motion passed by unanimous vote.
Public Utilities Superintendent Jason Halvorson was present to introduce Resolution No. 15 of 2024 – Authorization to Execute 2024 Distribution Improvements DGR Project #421126 with Castrejon Incorporated.
Mr. Halvorson stated this project is being completed to bury the overhead distribution system and to enhance reliability to provide power to the existing sections of the City. Five bids for the project were received, publicly opened, and read on Thursday, February 22, 2024, at 1:15 pm. All bidders were qualified to complete this project. DGR had provided a budget estimate of $660,000 which was in the 2024 capital budget. DGR reviewed the bids for completeness and mathematical errors. DGR provided a letter of recommendation that the bid be awarded to Castrejon Incorporated of Blaine Minnesota in the amount of $589,960.00.
A motion was made by Council Member Buckley and seconded by Council Member Kerkhoff to waive the reading of Resolution No. 15 of 2024 – Authorization to Execute 2024 Distribution Improvements DGR Project #421126 with Castrejon Incorporated. Motion passed by unanimous vote.
A motion was made by Council Member Smith and seconded by Council Member Kerkhoff to approve Resolution No. 15 of 2024 – Authorization to Execute 2024 Distribution Improvements DGR Project #421126 with Castrejon Incorporated. Motion passed by unanimous vote.
Library Director Connie Lechner was present to introduce the Library Outdoor Literacy Area Relocation.
Ms. Lechner stated the Redwood Falls Public Library has plans in place to relocate the current Outdoor Literacy Area to make the space available for the potential expansion. There are two grants available to fund this update. The Redwood Area Library Foundation has received $50,000 in grant funds from the Schmidt Foundation, and $25,000 in grant funds from the Redwood Falls Rotary Club. The funds will be received upon contingency of the project completion in 2024. There is a slight urgency to get on the schedule with Flagship Recreation, so the work can be completed in 2024. The original plan is to complete the relocation in order to provide the land for the expansion. However, if for any reason the expansion does not take place, the new Outdoor Literacy Area will be more centrally located on the property to account for additional activities for children and families near the Barnyard area. On the quote, any listing with “By Others” is the responsibility of the owner. This would be work done with local companies and City Departments. The Library Foundation has agreed to pay the difference from the quote and the grants funds already received.
A motion was made by Council Member Buckley and seconded by Council Member Kerkhoff to approve the Library Outdoor Literacy Area Relocation quote in the amount of $84,429.44. Motion passed by unanimous vote.
Human Resources Coordinator Sheila Stage was present to introduce the Policy Governing Fingerprint-Based Criminal History Record Check.
Ms. Stage stated the City recently went through an audit from the BCA. The proposed policy is a result of the recent audit. The policy closely resembles the template provided by the BCA. 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 licensing or employment purposes. Where such checks are allowable by law, the practices and procedures of the policy will be followed when doing BCA background checks. Staff recommends approval for the proposed Policy Governing 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 Smith and seconded by Council Member Sandgren to approve the Policy Governing Fingerprint-Based Criminal History Record Check. Motion passed by unanimous vote.
Public Works Project Coordinator Jim Doering introduced Resolution No. 16 of 2024 – Resolution Establishing Municipal State Aid Streets.
Mr. Doering stated the City of Redwood Falls has a 2024 Municipal State Aid Street (MSAS) balance of 0.31 miles that has not been designated to an eligible City Street and therefore not collecting associated MSAS road funds. South Gould Street is currently connected to South Swain Street via a segment of East 2nd Street and designated as a major collector street. This proposal seeks to designate another 0.24-mile portion of East 2nd Street between South Lincoln Street (Minor Collector) and South Swain Street to utilize most of the outstanding mileage leaving a remainder of 0.07 miles. This designation will allow MSAS funds to be collected on that road segment and make it eligible for future MSAS maintenance funding. Staff recommends certifying this 0.24-mile segment of East 2nd Street and adding it to the 2024 designated mileage for the City of Redwood Falls.
A motion was made by Council Member Sandgren and seconded by Council Member Buckley to waive the reading of Resolution No. 16 of 2024 – Resolution Establishing Municipal State Aid Streets. Motion passed by unanimous vote.
A motion was made by Council Member Kerkhoff and seconded by Council Member Smith to approve Resolution No. 16 of 2024 – Resolution Establishing Municipal State Aid Streets. Motion passed by unanimous vote.
City Attorney Dammann introduced Resolution No. 17 of 2024 – Authorization Approving Sale of Real Property.
Mr. Dammann stated on February 12, 2024, the Redwood Falls Port Authority held a public hearing on the sale of certain property located in Redwood Falls, MN, in the Reflection Prairie Addition. After the hearing, the Porty Authority found that the proposed sale of the Property was in the best interests of the district and its people, and that the transaction furthered the general plan of Port Authority improvement. Lot pricing and sale terms for the Property were previously approved by the City Council on May 3, 2022.
Mr. Dammann stated pursuant to Minn. Stat. § 462.356, subd. 2, because the 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, the 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 existence of restrictive covenants, the requirement that plans and specifications must be submitted and approved prior to conveyance, and the need to close on any purchase agreement in a timely manner, Staff is recommending that Council adopt the proposed resolution to approve the sale and dispense with the requirements found in Minn. Stat. § 462.356, subd. 2.
A motion was made by Council Member Kerkhoff and seconded by Council Member Buckley to waive the reading of Resolution No. 17 of 2024 – Authorization Approving Sale of Real Property. Motion passed by unanimous vote.
A motion was made by Council Member Sandgren and seconded by Council Member Smith to approve Resolution No. 17 of 2024 – Authorization Approving Sale of Real Property. Motion passed by unanimous vote.
Police Chief Jason Cotner was present to introduce the Southwest Health and Human Services Opioid Grant Application.
Chief Cotner stated over the last several years the Minnesota Attorney General has been a party to settlement agreements involving multiple opioid distributors and manufacturers. These settlements have resulted in several hundred million dollars being allocated to the State of Minnesota to combat the opioid crisis. The Minnesota Attorney General’s office has worked with Minnesota cities and counties to reach agreements on how to allocate and distribute these funds. Beginning in 2023, Southwest Health and Human Services (SWHHS) began receiving annual installments of settlement money. SWHHS was tasked with accepting, reviewing, and approving requests for these funds as they were distributed.
Chief Cotner stated at the September 5, 2023, Council meeting Staff requested permission from Council to submit an application for the first installment of the settlement funds. Council granted permission to apply for those funds but the request to SWHHS was denied. Police Chief Cotner has been informed the next round of settlement funds will be received by SWHHS and an application process will be opened starting in late March, 2024. Staff requests permission to submit an application to SWHHS for funding to initiate a K-9 program at RFPD once the application process is opened.
A motion was made by Council Member Smith and seconded by Council Member Kerkhoff to approve the Southwest Health and Human Services Opioid Grant Application. Motion passed by unanimous vote.
Public Works Project Coordinator Jim Doering introduced the 2024 Archery Deer Hunt.
Mr. Doering stated the 2023 Archery Deer Hunt Committee met on March 14, 2024, to review the 2023 results and review the program policies. The Committee and Staff recommend approval of the 2024 hunt application to the DNR with no changes to the previous year’s provisions. The 2024 hunt application provisions include: set the 2024 fees at $20.00 for the application fee and $40.00 for the hunting fee; 20 participants selected by a minimum proficiency test and lottery draw; a 20-hour minimum in-stand expectation to qualify to participate in the following year; Double Earn A Buck, 20 hunters with a maximum bag limit of 40; season to coincide with the full archery season September 14 – December 31; discretion for the Deer Hunt Coordinator and City Staff to replace a participant if they drop out during the hunting season due to unforeseen circumstances; and continue with Hunt Coordinator, Paul Parsons. The Committee is also recommending to provide education materials for residents to keep deer off their yards, and maintain set/tending times during trapping season between the hours of 10:00 a.m. and 3:00 p.m., to minimize interference between the two activities.
A motion was made by Council Member Buckley and seconded by Council Member Smith to approve the 2024 Archery Deer Hunt. Motion passed by unanimous vote.
City Attorney Dammann introduced the Dangerous Dog Appeal Hearing.
Darla Ann Campbell was not present.
Mr. Dammann stated without Ms. Campbell present, Council could proceed in one of three ways. Council can table the hearing until the next meeting, dismiss the appeal for failure to appear, or move forward with the appeal hearing and determine a finding.
A motion was made by Council Member Kerkhoff and seconded by Council Member Smith to move forward and hold the Dangerous Dog Appeal Hearing with Ms. Campbell not in attendance. Motion passed by unanimous vote.
Mr. Dammann stated that Notice of Intent to Declare Dangerous or Potentially Dangerous Dog was served on Ms. Darla Ann Campbell on January 21, 2024, after investigation that same day, designating her dog named “Sofie,” as a Dangerous Dog. Ms. Campbell submitted an initial request for appeal via written form on January 22, 2024. On January 29, 2024, the City of Redwood Falls held a hearing, at which Ms. Campbell was present, to decide whether to uphold or overturn the designation of her dog “Sofie,” as a Dangerous Dog pursuant to Minn. Stat. § 347.50 and Redwood Falls City Ordinance § 10.46. By a 3-0 vote, the hearing officers on the Review Panel found by a preponderance of the evidence that Sofie is a Dangerous Dog and upheld the designation. The Review Panel’s Findings and Order was completed on February 5, 2024, and a copy was mailed to Ms. Campbell via certified mail on February 6, 2024. On February 20, 2024, Ms. Campbell submitted a written request to City Hall to appeal the Panel’s decision to the City Council. Pursuant to Redwood Falls City Ordinance 10.46 subd. 16 (F), “If the owner of the dog disputes the decision of the Panel, the Owner shall have the right to appeal the decision to the City Council.”
Mr. Dammann stated Ms. Campbell was provided with all the exhibits and there were no objections to the evidence at the initial review hearing. Ms. Campbell was provided an opportunity to present her own evidence and witnesses and to cross examine the State’s witnesses, Officer Andrew Mathwig and Abby Larson. There was no evidence before the Panel or Council that would show an exemption applied to the current incident. Evidence showed by a preponderance of the evidence
that the bites were unprovoked, and the Review Panel’s hearing took place within the time period provided by Statute. The Panel consisted of two Council members and an elector of the City as City Ordinance requires. Mr. Dammann stated that all procedural requirements had been met under ordinance and law; Ms. Campbell received an appropriate level of due process; and the Review Panel’s decision was supported by substantial evidence and was not arbitrary or capricious. Mr. Dammann stated that Sofie should remain designated as a Dangerous Dog and Council should uphold that designation.
A motion was made by Council Member Smith and seconded by Council Member Buckley to uphold the Review Panel’s decision to designate “Sofie” as a dangerous dog. Motion passed by unanimous vote.
Mayor Quackenbush stated the Southwest Minnesota Housing Partnership is hosting an open house on Thursday, March 21, 2024 from 4:00 – 6:00 p.m. at the Redwood Area 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 Kerkhoff and seconded by Council Member Smith to adjourn the meeting at 5:47 p.m. Motion passed by unanimous vote.