Meeting Minutes of the Richmond City Council

October 22, 2015

City Council Meeting and Workshop



Item #1: Call to Order/Pledge of Allegiance

Mayor Hemmesch called the meeting to order at 6:30 p.m. at Richmond City Hall.


Council Members noted as being present: Jim Hemmesch, Pat Evens, Josh Worm, Tim Paczkowski

Planning Commission Members noted as being present: Jeff Mackedanz, Ken Gertken

Also present were: Martin Bode, City Administrator; David Blommel, City Engineer; Lewis Heurung; Chris Hopfer; Angela Simon; Mike Schreifels; Tammy Paczkowski, CS Record;


Council Member Noted as absent: Mike Mathiasen


Item #2: Approval of Agenda

Mayor Hemmesch asked if there were any additions or changes to the Agenda.   


Mayor Hemmesch asked for a motion to approve the agenda.


Motion made by Councilor Paczkowski to approve the Agenda, seconded by Councilor Worm.  Motion passed unanimously.


Item #3: Public Hearing Regarding Maple Ave S Utility Extension


a.       Mayor Hemmesch Opened Public Hearing 6:03 pm

City Engineer David Blommel reviewed the Maple Avenue Utility Extension project:  the City will be installing: Proposed Improvements: 8’ water main, new sanitary sewer, new fire hydrant. 

Blommel explained that the project was quoted and the lowest quote was Gertken Bros. Construction. 

Total project cost – $130,617.00

Preliminary Special Assessments: Blommel explained that the assessments are for those that directly benefit from this new project.  The practice is to assess 100% of the new improvements to the property owners.  Blommel explained that he has calculated any estimated assessment based on the frontage.  Prior to the final assessment hearing the terms of assessment, interest and length to pay, shall be determined.

Blommel reviewed the project timeline:

Design Completed in August 2015

Oct. 5 – open construction quotes

Oct. 22- Public Hearing – Council awarded project

Oct. 26- earliest date to begin construction

Special Assessment Hearing – after all the costs are in (probably this winter)

Lewis Heurung – stated that his property has no interest in this project.  He uses the property only for storage.  He did state that he has a well and he would use a port-a-potty for sewer.

Mayor explained that the actual assessment must be agreed upon by the Council at the final assessment hearing.  Councilor Evens explained that when the City does a project they do not just do one home at a time, (that would not be feasible to anyone).  The City looks to the future and how the project benefits all.

Lewis Heurung – stated that he has tried to sell the property and has not been able to do this.

Mike Schreifels – stated that he has a business partner on this property.  He stated that his property is storage only and he does not have water.  Mr. Schreifels stated that he sees no benefit to his property.


Mayor Hemmesch asked for any further comments.


Mr. Schreifels asked to have the assessment tabled until the property is annexed in or until property is sold.

City Administrator Bode explained that the assessment would be a “postponed assessment” and would not be assessed until the property is annexed into the city.

Tammy Paczkowski – hard for her to comprehend how these little patches of parcels are not in the city and that taking care of it now will streamline for the future. 


Mayor Hemmesch asked for any further comments.

Mayor Hemmesch asked for any further comments. 


b.      Mayor Hemmesch closed the public hearing at 6:40 pm


Consideration of Resolution 164-15 Approving Accepting Bid- Maple Ave S Utility Project

             Council asked if the property owner asked for both water and sewer.  The owner explained that they need both             water and sewer to the property.

Motion made by Councilor Paczkowski to Approve Resolution 164-15 Approving Accepting Quote by Gertken Bros. Construction for the  Maple Ave S Utility Project,  seconded by Councilor Evens.  Motion passed unanimously.


Item #4: Public Hearing Regarding Amending of City Code Regulating Accessory Structures


  1. Mayor Hemmesch Opened Public Hearing 6:46 pm

Mayor Hemmesch asked for any comments, hearing none,

  1. Mayor Hemmesch Closed Public Hearing 6:47 pm

No action taken.


Item #5: Consideration of Resolution 162-15 Approving Variance Accessory Structure


Mayor Hemmesch reminded Council that this request is for a variance for an Accessory structure no larger than 2000 square feet in an R-1 district and the accessory structure will be built at the same time as the principle structure.  Hemmesch also explained that they must adhere to the building code and the conditions outlined in the resolution.







WHEREAS, Tim Backes has submitted an application for a variance to allow for the construction of a detached accessory structure not to exceed 2,016 square foot at 748 4th Street Northwest; and,


WHEREAS, The property is legally defined as Rich River Estates Plat 5 Lot 001 Block 001 Subdivision Cd 74036 Section 14 Township 123 Range 031. Property identification number: 74.40894.0301; and, 


WHERES, The Property is zoned R-1 Single Family Residential District; and,


WHEREAS, A public hearing was conducted by the Planning Commission on September 23, 2014 to accept public input on the variance: conditional use permit and interim use permit requests; and


WHEREAS, The Planning Commission has recommended the City Council approve the variance request; and,


WHEREAS, the Richmond City Council has reviewed and considered the requests for a variance; and,


WHEREAS, the City Council makes the following findings:



NOW, THEREFORE, BE IT RESOLVED BY THE RICHMOND CITY COUNCIL THAT: a request for a variance to allow a detached accessory structure exceeding 1,000 s.f. within the R-1 Single Family Residential District is hereby approved pursuant to conditions that follow.  


BE IT FURTHER RESOLVED the aforementioned permit approvals are conditioned upon:


1.       Use Defined. The “Use” allowed hereunder is a residential detached accessory structure not to exceed  2,000 square feet in area.


2.       Scope of Permit. Use permit approval is specifically limited to the property at 748 4th Street NW, legally described as Rich River Estates Plat 5 Lot 001 Block 001 Subdivision Cd 74036 Section 14 Township 123 Range 031. Property identification number: 74.40894.0301.


3.       Establishment of Ordinary High Water Level.  Prior to issuance of a building permit, the Ordinary High Water Level is to be established by the appropriate authority (e.g. Stearns County Environmental Services or Minnesota Department of Natural Resources) and documentation must be submitted to Richmond City Hall with building permit application.


4.       Structural Setback from Ordinary High Water Level. The proposed detached accessory structure shall be a minimum of fifty (50) feet from the OHWL.


5.       Maximum Height. The detached accessory structure shall not exceed sixteen (16) feet in height and the height of the roof shall not be greater than that of the principal structure on the lot and shall have a roof pitch which is similar to that of the principle structure and/or 4:12.


6.       Building Permit Required. A building permit shall be issued for both the principal dwelling and the detached accessory structure prior to construction of the detached accessory structure.


7.       Limit on Detached Accessory Structures. The number of detached accessory structures allowed at the subject property is one (1) structure.


8.       Building Material Standards. Non-architectural grade metal (painted or unpainted) siding is prohibited as an exterior building material pursuant to §107-223 of the Code.


9.       Consistency with Principal Structure. The same or similar exterior building material shall be employed on the detached accessory structure and a future principal structure.


10.   Establishment of Principal Structure.  Both building permits shall be obtained at same time.   A principle dwelling shall be constructed at same time as the detached accessory structure. 


11.   Minimum Dwelling Unit Size. The residential dwelling shall have a foundation size a minimum of 20% larger than the accessory structure (i.e. a minimum of 2,420 square feet). The majority of the foundation minimum square footage shall be habitable residential dwelling space as opposed to a garage.


12.   Restrictions on Use of Detached Accessory Structure. The detached accessory structure shall be used strictly for storage of personal property owned by the fee-owner of the real estate at 748 4th Street Northwest. The property owner is strictly prohibited from operating a home occupation (as defined under the City Code) out of the accessory structure. The property owner is strictly prohibited from using the accessory structure for commercial storage purposes or monetary gain. The detached accessory structure shall not be used as a dwelling and shall not be connected to public or private sewer or water services, (until  after the principle dwelling is constructed).


13.   Expiration. This approval shall expire one year after date of approval unless the Applicant has commenced construction of the Use on-site.


14.   Application of Other Regulations. This permit is subject to all applicable codes, regulations and ordinances, and violation thereof shall be grounds for revocation.


15.   Violation of Approval Conditions Ground for Revocation. The City may revoke the variance upon violation of the variance standards in the Zoning Ordinance or violation of the conditions prescribed herein.


16.   Use Ceased. The use permitted under this permit shall be revoked if the Use ceases for more than 12 consecutive months.


17.   Recording of Document. The use permit shall be recorded at the office of the Stearns County Recorder.


Motion made by Mayor Hemmesch to approve Resolution 162-15 Approving Variance Accessory Structure, seconded by Councilor Paczkowski. Roll Call Vote; Yes- Paczkowski. Evens, Hemmesch; No- Worm.  Motion passed.


(Temporary recess to the Council Workshop)


Workshop Agenda

A.     Sidewalks- Precision Concrete Cutting

Administrator Bode stated that Precision Concrete came in and did all the city’s properties and about 5 residents sidewalks. 

Administrator Bode stated that he received a request for reimbursement of $ 247.50 (25% of reconstruction)

Administrator Bode explained that the City’s policy is the homeowner is 100% responsible for repairing the sidewalk; and for a reconstruct the homeowner is responsible for 75% of the cost and city is responsible for 25%.

B.     Stearns County Highway 2013 Main Street Invoice

Administrator Bode reminded the Council of the situation regarding this invoice.  He explained that he had received a final invoice in December, 2014 for $24,000.00, then he received a corrected invoice for an additional $37,000.00 (over and above the final $24,000)  Bode then contacted the engineer and he was looking into this.  Engineer felt that $5,500 was an error.  A few months ago Bode received a corrected invoice – the county removed the $5,500 as a duplicate and they removed $7,000 due to a formula error.  Engineer felt the new balance was a true expense to the City.  At this point Bode would like to give time for the meeting with the county to happen and that he will bring the invoice to the next Council meeting.  He also explained that this invoice will have to be paid out of the tax reserve, as the project is closed and cannot be bonded.

C.     2016 Budget – Bode stated that this will need to be discussed at the November Council meeting and the Council will need to consider employees step increases.

D.     Phase 1 Annexation

Bode stated that he is recommending all properties that are 60% or more should be included in phase 1 (see exhibit A).  Council agreed that they should be included. 

E.      Old Grass Rig (Emergency Management) Excess Property – Bode stated that the Emergency Management Director Kollmann is recommending not spending more money on the Grass rig.  Kollmann would like to declare this as excess property and he would try and sell on Craig’s list.

F.      MARCO Copier and Alchemy Software 1,000 to save 1,000 – Bode discussed the new copier and the scanner.  Council discussed the items.

G.     ROSCO Sewer Extension – Bode reported that People-Service is working with them on determining if they will connect to Richmond sewer.  Rosco has 52 hook-ups.   The committee will meet in the near future to discuss what is being offered by Richmond and Paynesville. Council asked if there are grants available – yes.

H.     Assessment Policy when Property is sold – Bode explained that our policy for deferred assessments would need to be paid at time of sale; for other assessments our policy for all other assessments allows to roll over to new owner. 

I.        New RLCA Maintenance Employee - Bode stated we advertised and they received one application.

J.       Other Matters of Concern and Related Items

SAC/WAC fees;

Building Permits – are good for 180 days.


(Reconvene Council Meeting)


Council Meeting Agenda Continued


Item #6: Council Action

Council decided to remove item b. and vote on that alone.

a.       Additional Purchase requests, allocations & Transfers.


c.       Resolution 166-15 Declaring old grass rig as excess property

d.      Resolution 167-15 MARCO Lease Agreement

e.       Resolution 168-15 Additional Seasonal Maintenance Employee at RLCA

f.       Resolution 169-15 Approve Sunday Liquor Jerrys Firehouse Grill

Motion made by Mayor Paczkowski to approve Council Action Items a, c, d, e, and f, seconded by Councilor Evens. Motion passed.

  1. Resolution 165-15 Authorize Notice of Intent to Annex

Motion made by Mayor Hemmesch to approve Resolution 165-15 Authorize Notice of Intent to Annex, seconded by Councilor Evens. Roll Call Vote; Yes- Paczkowski. Evens, Hemmesch; No- Worm.  Motion passed.


Item #7: Other Matters of Concern and Related Matters


Item #8: Adjournment


Mayor Hemmesch asked for any additional items. 

Hearing none Mayor Hemmesch declared the meeting adjourned at 7:43 p.m.


Respectfully Submitted,




Martin M. Bode

City Administrator