City Council Minutes of May 29, 2018

Date: 
May 29, 2018

MINUTES OF THE CITY COUNCIL MEETING

MAY 29, 2018

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 May 29, 2018.

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

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

Approval of Minutes – A motion was made by Johnson, seconded by Brand, to approve the minutes of the May 14, 2018 regular City Council meeting.  With all in favor, the motion carried and the minutes were approved.  A complete copy of the minutes of the May 14, 2018 regular City Council meeting is contained in the City Administrator’s book entitled Council Proceedings 19.

Consent Agenda – In motion by Grams, seconded by Kvamme, Resolution No. 2018-76 entitled “Resolution Approving Consent Agenda“ was introduced.  Upon roll call, with all in favor, the Resolution was declared passed and adopted.  A complete copy of Resolution No. 2018-76 is contained in the City Administrator’s book entitled Council Resolutions 22.

Tobacco Purchase Regulations –  City Administrator Prafke reported the proposed modifications to the City Code to increase the minimum age for purchase of tobacco and tobacco related products to twenty-one had previously been considered by the City Council in April when it was defeated on a 3-3 vote with Councilmember Carlin absent.  Prafke noted that Councilmembers Kvamme and Brand had submitted a written request to have the matter reconsidered and, following a 30 day notice to Tobacco license holders and posting on the City’s website, the matter had once again been scheduled for Council consideration.  Prafke noted that the proposed changes would make it illegal to sell or provide tobacco products to those under 21 years of age and illegal to use a false ID to purchase tobacco products with an effective date of August 1, 2018.

Sandra Renor, 1921 Rock Ridge Lane, thanked the Council for recognizing the significant of Tobacco 21 and shared stories of family members impacted by tobacco use.

Jacob Erkel, 46743 County Road 13, indicated he was speaking on behalf of the Saint Peter Smoker’s Choice business.  Erkel stated while he couldn’t argue the importance of health, if the minimum age was raised, those under 21 would simply drive to Mankato to purchase their tobacco products and while there, would purchase other items that could have been purchased in Saint Peter.

Edi Thorstenson, 809 South Seventh Street, spoke on behalf of the League of Women Voters, which supported laws to better chemical health.  Thorstenson also spoke as a former smoker in support of the ordinance and stated the effects of smoking were lifelong.

Andy Kukacka, 800 West College Avenue, indicated she was under 21 years of age and stated that if the change was made she would take almost all of her business to Mankato.  Kukacka asked if the change would also apply to e-cigarettes and vaping.  City Administrator Prafke indicated it would apply to purchase or provision of all tobacco and tobacco related products including electronic delivery devices.

Kelly McIntee, 212 Arlington Trail, North Mankato, indicated she had recently spoken to a 17 year old who supported the age change as he saw a problem with tobacco use among his peers.  McIntee indicated her belief that increasing the age would provide an opportunity to stop young people from obtaining tobacco products.

Nicollet County Public Health Director Mary Hildebrandt, 204 North Fifth Street, provided information on a study about longevity around the world and indicated countries with the highest percentage of heart disease seem to have higher rates of smoking. 

Mayor Zieman questioned if the group in attendance in support of raising the minimum age for tobacco purchase had equal concerns about health issues such as childhood obesity and juvenile diabetes and whether the next issue would be telling McDonald’s they couldn’t serve to children.

Runnar Bahr, 704 West Grace Street, indicated his belief that smoking was a choice no matter what the age and spoke of traveling to France where many smoke, picking up the habit when he came home and then quitting.

Kyle Klocke, 46743 County Road 13, indicated if the law was changed he would buy his products in Mankato.  Klocke also requested that a decision be made soon so everyone could move on.

Nissa Fell, 225 West College, stated Gustavus Adolphus College would be come tobacco free on July 1, 2018 and expressed her belief that students will choose the college because it is tobacco free.  Fell also stated that according to a survey completed by the College, less than 10% of Gustavus students say they have ever used tobacco products.

Councilmember Carlin expressed her belief that there was a difference between eating unhealthy foods and tobacco addiction and that once addicted, people might not be able to quit tobacco use.  Carlin stated the proposed change was about breaking the link to younger kids using tobacco because those aged 18-20 would be prone to sharing tobacco products with younger children.

Councilmember Grams stated his disagreement with the parliamentary procedure used to bring the topic before the Council again.

Councilmember Johnson indicated he would not be changing his vote because tobacco users can simply drive 10 minutes down the road to access the products.

Mayor Zieman expressed concerns that changing the rules would impact newer businesses like Smoker’s Choice who established their business under a different set of rules.  Zieman also indicated that the City of Minneapolis had adopted the higher age to “be in line with surrounding communities”, and stated that had been the Council’s original agreement on the issue to make it contingent on actions by Mankato and North Mankato.

Councilmember Carlin expressed her belief that it was the Council’s responsibility to make changes for the greater good of the community over business profits.

In motion by Brand, seconded by Carlin, Ordinance No. 36, Third Series entitled “An Ordinance Amending Saint Peter City Code Chapter 12 “Business Licensing And Regulations” And Chapter 30 ‘Offenses And Miscellaneous Provisions’ And Adopting By Reference Saint Peter City Code Chapter 1 Section 1-6, Which, Among Other Things, Contain Penalty Provisions” was introduced.  Upon roll call, Councilmembers Grams, Kvamme, Carlin and Brand voting aye; Councilmembers Pfeifer and Johnson and Mayor Zieman voting nay, the Ordinance was declared passed and adopted.  A complete copy of Ordinance No. 36, Third Series is contained in the City Administrator’s book entitled Council Ordinances 2.

Hospital Parameters (Authorizing Issuance And Sale) – Shannon Sweeney of David Drown Associates, presented two separate resolutions that, if approved, would establish the parameters under which Mayor Zieman and City Administrator Prafke could provide for the sale of $24,000,000 and $5,000,000 in revenue bond issuances for the 2018 Hospital expansion Project.  Sweeney indicated that long term funding for the project was already locked in through the USDA, but construction financing and $5,000,000 in private financing that was required for the project was not secured.  Sweeney indicated the $24 million issuance would be for a term of 30 months while the $5 million issuance would be for not less than 35 years.

Councilmember Kvamme asked if the issuances would include purchase of a credit rating.  Sweeney responded that the bond issuance was too small to need a rating and with the USDA commitment for the long-term financing, it wasn’t necessary.  Sweeney also noted that while interest rates continue to climb, the USDA funding had locked rates that could not go up, but could go down if the market rates declined.

In motion by Grams, seconded by Brand, Resolution No. 2018-77 entitled “Resolution Approving The Authorization For The Issuance Of Up To $24,000,000 Of Healthcare Bond Anticipation Notes Series 2018B If Certain Targets Are Met“ was introduced.  Upon roll call, with all in favor, the Resolution was declared passed and adopted.  A complete copy of Resolution No. 2018-77 is contained in the City Administrator’s book entitled Council Resolutions 22.

In motion by Kvamme, seconded by Carlin, Resolution No. 2018-78 entitled “Resolution Approving The Authorization For The Issuance Of Up to $5,000,000 Of healthcare Revenue Bonds Series 2018C If Certain Targets Are Met“ was introduced.  Upon roll call, with all in favor, the Resolution was declared passed and adopted.  A complete copy of Resolution No. 2018-78 is contained in the City Administrator’s book entitled Council Resolutions 22.

City Assistance Request:  Gustavus Alumni Event – City Administrator Prafke recommended approval for the City assistance requested by Gustavus Adolphus College for an alumni event on June 9th that the entire community may attend. Prafke noted the event would take place in the First National Bank parking lot and Gustavus was asking for closure of the north-south alley behind the west side of the 300 block of South Minnesota Avenue (to prevent vehicles from driving across the electric connection to the City’s transformer) and the west one-half of the 200 block of Grace Street.  Prafke requested latitude to modify the alley closure request to ensure that those shopping in or living above the stores in the 300 block would have full access to the buildings. 

Councilmembers Carlin and Johnson expressed concern about the requested closure of Grace Street which to them didn’t seem necessary for the event.  In motion by Pfeifer, seconded by Johnson, Resolution No. 2018-79 entitled “Resolution Approving City Assistance For Gustavus Adolphus College Alumni Event“ was introduced with the provision that Staff would have latitude to make changes to the proposed alley closure.  Upon roll call, with all in favor, the Resolution was declared passed and adopted.  A complete copy of Resolution No. 2018-79 is contained in the City Administrator’s book entitled Council Resolutions 22.

Councilmember Carlin asked that a future workshop include discussion on repairs to the pavement in Municipal Lot #5.

City Assistance Request:  Blues Fest – City Administrator Prafke recommended approval of a request submitted by the St. Peter Ambassador’s for City assistance for the Blues Fest event in Minnesota Square Park on June 9th.  Prafke reviewed the request and the conditions for the recommended City approval.  In motion by Grams, seconded by Johnson, Resolution No. 2018-80 entitled “Resolution Approving Request For City Assistance For Ambassador’s Blues Fest“ was introduced.  Upon roll call, with all in favor, the Resolution was declared passed and adopted.  A complete copy of Resolution No. 2018-80 is contained in the City Administrator’s book entitled Council Resolutions 22.

Community Spirit Park Maintenance Agreement – City Administrator Prafke and Public Works Director Moulton reviewed the proposed agreement with School District #508 for Community Spirit Park maintenance during 2018.  Prafke noted the agreement outlined services, rates, standards, and cost sharing.  Councilmember Brand questioned the irrigation systems.  Moulton reported that the School District had never had irrigation on athletic fields before and staff would monitor the settings based on the soil conditions and uses of the various areas.

In motion by Pfeifer, seconded by Carlin, Resolution No. 2018-81 entitled “Resolution Approving Execution Of Maintenance Agreement For 2018 Between City And School District #508 For Community Spirit Park “ was introduced.  Upon roll call, with all in favor, the Resolution was declared passed and adopted.  A complete copy of Resolution No. 2018-81 is contained in the City Administrator’s book entitled Council Resolutions 22.

Peddler Permit Application – City Administrator Prafke stated nothing had been found in the background investigation of the Peddler Permit applicant that would prohibit issuance of the license.  In motion by Grams, seconded by Johnson, Resolution No. 2018-82 entitled “Resolution Approving New Business License“ was introduced.  Upon roll call, with all in favor, the Resolution was declared passed and adopted.  A complete copy of Resolution No. 2018-82 is contained in the City Administrator’s book entitled Council Resolutions 22.

2018 Hospital Expansion Project Alternate Window Bid Award – River's Edge Hospital and Clinic CEO Rohrich presented the Hospital Commission recommendation for award of an alternate bid for windows in the Therapy Department to W.L. Hall in the amount of $36,470.   Rohrich indicated the floor to ceiling windows would replace small windows near the ceilings in the department.  Rohrich also noted the windows had been bid as an alternate to stay within budget for the project but additional savings in the contingency fund had allowed for inclusion of the windows in the project.   In motion by Kvamme, seconded by Carlin, Resolution No. 2018-83 entitled “Resolution Awarding Bid For Therapy Department Window Alternate Of The 2018 Hospital Expansion Project“ was introduced.  Upon roll call, with all in favor, the Resolution was declared passed and adopted.  A complete copy of Resolution No. 2018-83 is contained in the City Administrator’s book entitled Council Resolutions 22.

Closed Session:  Sale of City Owned Land – In motion by Brand, seconded by Johnson, Resolution No. 2018-84 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. 2018-84 is contained in the City Administrator’s book entitled Council Resolutions 22.

The Council adjourned to closed session at 8:45 p.m.

The Council returned to open session at 8:48 p.m.

Sale Of City Owned Land – City Administrator Prafke recommended approval be provided for sale of City owned land defined as Outlot A, Prairie Heights Subdivision (Parcel #19.706.0570) to Kenneth and Christine O’Connell for the price of $1,500 plus reimbursement for the City’s legal costs.  In motion by Carlin, seconded by Brand, Resolution No. 2018-85 entitled “Resolution Authorizing Execution Of Purchase Agreement For Sale Of City Owned Property At Southeast Corner Of South Washington/South Third Street Intersection“ was introduced.  Upon roll call, with all in favor, the Resolution was declared passed and adopted.  A complete copy of Resolution No. 2018-85 is contained in the City Administrator’s book entitled Council Resolutions 22.

Reports

Mayor’s Report – Mayor Zieman reported on the 2018 Memorial Day ceremony in Minnesota Square Park and reminded the public June 9th would be a busy day in the community with the Blues Fest event in Minnesota Square Park and the Gustavus Adolphus College alumni reunion event downtown.

City/County Meeting Discussion – City Administrator Prafke, Councilmember Kvamme and Councilmember Grams reported on discussion at the most recent City/County meeting which included additional financial support for the Public Library and dealing with water in ditches that starts in the County on the west bluff and ends up in the City.

Hospital Expansion Project – City Administrator Prafke and CEO Rohrich reminded the public of the changes for patient access to the emergency department that will take effect on June 7th and indicated that access to all areas of the Hospital will continue to change as the expansion project progresses.

There being no further business, a motion was made by Pfeifer, seconded by Brand, to adjourn.  With all in favor, the motion carried and the meeting adjourned at 8:56 p.m.