City Council Minutes of July 11, 2016

Date: 
July 11, 2016

MINUTES OF THE CITY COUNCIL MEETING

JULY 11, 2016

 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Saint Peter was conducted in the Governors' Room of the Community Center on July 11, 2016.

A quorum present, Mayor Zieman called the meeting to order at 7:00 p.m.  The following members were present:  Councilmembers Grams, Pfeifer, Parras, Carlin, Kvamme, Brand, and Mayor Zieman.  The following officials were present: City Administrator Prafke, City Attorney Brandt and City Engineers Domras and Loose.

Approval of Agenda – A motion was made by Pfeifer, seconded by Brand, to approve the agenda.  With all in favor, the motion carried.

Approval of Minutes –  A motion was made by Carlin, seconded by Parras, to approve the minutes of the June 27, 2016 regular City Council meeting.  With all in favor, the motion carried and the minutes were approved.  A complete copy of the minutes of the June 27, 2016 regular City Council meeting is contained in the City Administrator’s book entitled Council Proceedings 19.

Consent Agenda – In motion by Kvamme, seconded by Grams, Resolution No. 2016-103 entitled, “Resolution Approving Consent Agenda“, was introduced. Councilmember Grams questioned what percentage of utility meters were being replaced as part of the meter purchase on the consent agenda.  City Administrator Prafke indicated that less than 50 meters were being replaced as part of the 100 meter pilot program approved by the Council.  Upon roll call, with all in favor, the Resolution was declared passed and adopted.  A complete copy of Resolution No. 2016-103 is contained in the City Administrator’s book entitled Council Resolutions 21.

Chicken Regulations – City Administrator Prafke reviewed the draft ordinance that would allow keeping of chickens within the City limits.  Prafke noted the ordinance restricted the number of chickens to three or less; only allowed for hens; identified a permit process for keeping of the birds that would require annual inspections and renewal of the permit; stipulated the size and construction materials of the coop and run; location restricted to private property; and specified what must be done for sanitation of the birds and food.  Prafke noted that there were several differences in the proposed ordinance from those adopted by other cities most of which required written approval by neighbors before a permit was issued.  Prafke also pointed out that the ordinance was designed to be effective September 1st to allow staff time to develop the process and paperwork necessary for the permitting process.  Finally, Prafke noted that permits and renewal of permits would come before the Council in the same manner as other permits are approved with first time permits having separate Council action and renewals being included on the consent agenda.

Councilmember Pfeifer expressed his opposition to the keeping of chickens in the City.  Pfeifer indicated his belief that the City is a progressive City and the ordinance pushes the calendar back 60 years.  Pfeifer also expressed concerns about the chickens attracting predators which might carry rabies.

Councilmembers Brand and Parras stated their beliefs that predators like skunks, raccoons, and coyotes are already in the community.

Mayor Zieman questioned whether restrictive covenants in certain subdivisions would prohibit keeping of chickens.  City Attorney Brandt indicated any violations of restrictive covenants would be enforced through a civil action of the subdivision property owners and the ordinance would allow the City to enforce the regulations in other areas of the community.

Councilmembers Brand and Kvamme had recommendations and/or questions regarding many sections of the proposed ordinance including grammatical and formatting changes; requests for terminology clarifications; issues with lack of restrictions regarding where coops/runs can be constructed (i.e. front yard vs. back yards), size of coops/runs and screening; setback regulations; control of temperature in the coop; storage of feces; and other items.

After lengthy discussion, and a request by City Attorney Brandt to allow staff to develop a redlined version showing all the proposed changes, a motion was made by Brand, seconded by Kvamme, to table action on the proposed ordinance until the next workshop for future discussion.  With Councilmembers Kvamme, Carlin, Parras, Brand and Mayor Zieman voting aye, Councilmembers Pfeifer and Grams voting nay, the motion carried.

With action on the proposed Ordinance tabled, no further action was taken regarding modification to the municipal fee schedule to establish a permitting and inspection fee for keeping of chickens.

Traverse Green Subdivision Private Development Request For Proposals – Community Development Director Wille presented a draft request for proposals (RFP) for private development of the 15.56 Outlot D of Traverse Green Subdivision.  Wille reminded Councilmembers the subdivision had been platted with the intention of the Outlot being privately developed as an alternative to the Building Better Neighborhoods model for homes valued in excess of $250,000.  Wille pointed out the expected costs to the developer which included sharing in costs for the extension of Clark Street, sanitary sewer, stormwater retention pond and park development through a parkland dedication fee and possible partnership with the City on development.  Wille also reported construction on the development would be required to begin by June 1, 2017 and stated staff would distribute the information to realtors, contractors, bankers, and others who might be interested in submitting a proposal.

Councilmembers discussed the merits of including the $250,000 valuation information in the proposal with Councilmember Parras suggesting a higher amount might be appropriate.  Councilmember Grams questioned what sort of partnership the City would have with the developer.  City Administrator Prafke indicated the language was added to the proposal to give developers some options and it was possible, but not required, that the City would allow some of the improvement costs to be assessed to the properties as a partnership.

In motion by Kvamme, seconded by Brand, Resolution No. 2016-104 entitled “Resolution Approving Request For Proposals (RFP) For Private Development Of Outlot D, Traverse Green Subdivision And Authorizing Solicitation Of Development Proposals“ was introduced.  Upon roll call, with all in favor, the Resolution was declared passed and adopted.  A complete copy of Resolution No. 2016-104 is contained in the City Administrator’s book entitled Council Resolutions 21.

Gardner Road Right-of-Way Plat #4 –  Community Development Director Wille presented the Planning and Zoning Commission recommendation for approval of the Gardner Road Right-Of-Way Plat #4 which was necessary to construct a roundabout at the intersection of West Broadway Avenue and Gardner Road at the entrance to the new high school.  In motion by Grams, seconded by Carlin, Resolution No. 2016-105 entitled “Resolution Adopting City Of Saint Peter Road Right-Of-Way Plat No. 4“ was introduced.  Upon roll call, with all in favor, the Resolution was declared passed and adopted.  A complete copy of Resolution No. 2016-105 is contained in the City Administrator’s book entitled Council Resolutions 21.

Executive Session – City Administrator Prafke requested a closed session to discuss the Schafer Construction lawsuit with Special City Attorney Peter Mikkail of Briggs and Morgan.  Prafke noted the closed session, which was covered under attorney-client privilege discussion, was allowed under State Statute.  In motion by Brand, seconded by Carlin, Resolution No. 2016-106 entitled “Resolution Calling For Closed Session“ was introduced.  Upon roll call, with all in favor, the Resolution was declared passed and adopted.  A complete copy of Resolution No. 2016-106 is contained in the City Administrator’s book entitled Council Resolutions 21.

The Council adjourned to closed session at 8:07 p.m.

The Council returned to open session at 8:36 p.m.

Schafer Lawsuit Settlement – City Administrator Prafke recommended acceptance of a settlement reached through medication in the case of Schafer Contracting Co. Inc. vs. City of Saint Peter, Et al.  Special City Attorney Peter Mikkail of Briggs and Morgan also recommended acceptance of the settlement agreement which would result in the City receiving $118,500 in cash, new parts for the insides of the downstream defenders, and covers that will allow access for City employees to do maintenance.  Mikkail indicated acceptance of the settlement agreement would constitute a complete conclusion to the lawsuit and a release of all claims between the litigants.  Mikkail noted one change to the proposed resolution which had been distributed after the closed session and asked for the NOW, THEREFORE statement to be modified to read, “…The City Administrator is hereby authorized to enter into the Settlement Agreement and Release as provided by the Mediator, and approved by Counsel for the City, to be effective June 23, 2016.”  In motion by Carlin, seconded by Kvamme, Resolution No. 2016-107 entitled “Resolution Accepting Settlement Offer In Schafer Contracting Co. Inc. Vs. City Of Saint Peter, Et Al“ was introduced as modified.  Upon roll call, with all in favor, the Resolution was declared passed and adopted as modified.  A complete copy of Resolution No. 2016-107 is contained in the City Administrator’s book entitled Council Resolutions 21.

Councilmember Kvamme questioned whether the payment being made to the City by the League of Minnesota Cities Insurance Trust would cover the City’s legal fees.  City Administrator Prafke noted LMCIT was providing $40,000 in additional payment to the City towards the City’s $50,000 deductible and indicated the amount was above and beyond the settlement cash amount.  Prafke estimated the LMCIT funds would cover the City’s legal fees and mediation costs.

Reports

Mayor’s Report – Mayor Zieman congratulated the Chamber of Commerce on a successful Fourth of July event.

Traverse Green Subdivision Lot Sales – City Administrator Prafke reported the “land rush” sale of lots in Traverse Green Subdivision had been relocated to the Senior Center beginning at 8:00 a.m. on July 13th.

Mayor Zieman encouraged Councilmembers to attend the Committee of the Whole joint meeting with the Hospital Commission on July 20th.  City Administrator Prafke noted the meeting will include information on the Hospital’s ability to finance an expansion.

There being no further business, a motion was made by Parras, seconded by Carlin, to adjourn.  With all in favor, the motion carried and the meeting adjourned at 8:46 p.m.