City Council Minutes of September 12, 2016

Date: 
September 12, 2016

MINUTES OF THE CITY COUNCIL MEETING

SEPTEMBER 12, 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 September 12, 2016.

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

Approval of Agenda – Councilmember Pfeifer made a motion to remove the purchase of two trucks for the Public Works Department from the agenda to provide for a “bid process restructuring” and to allow the local car dealer to provide a quote for the vehicles.  The motion died for lack of a second.  A motion was made by Kvamme, seconded by Carlin, to approve the agenda.  With all in favor, the motion carried.

Public Hearing:  Temporary Family Health Care Dwellings – Mayor Zieman opened the public hearing on modification to the City Code to opt out of Temporary Family Health Care Dwelling legislation at 7:05 p.m.  Community Development Director Wille provided background information on the Planning and Zoning Commission recommendation to “opt out” of the State law that would allow temporary family health care dwellings on residential lots.  Wille noted the Commission recommendation was based on Commission member concerns about the City having to maintain personal medical information; the temporary facilities having problems with freezing water lines; and the R15 insulation specified in the State legislation being insufficient for Minnesota winters.  Councilmember Parras questioned the Commission’s interpretation of the State law and indicated his belief that applicants would not be required to provide private medical information.  Wille noted his interpretation was that the applicants would have to provide extensive documentation on the reason for their physical or mental issues which required them to be in a temporary dwelling.  There being no further speakers, the hearing was declared closed at 7:12 p.m.

Approval of Minutes – A motion was made by Brand, seconded by Parras, to approve the minutes of the August 22, 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 August 22, 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 Carlin, Resolution No. 2016-130 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. 2016-130 is contained in the City Administrator’s book entitled Council Resolutions 21.

Traverse Road Sanitary Sewer/Watermain Project Acceptance – Public Works Director Moulton requested acceptance of the Traverse Road Sanitary Sewer And Watermain Project which had been completed by Chard Tiling and Excavating as per the plans and specifications.  Moulton also requested authorization to make final payment to the contractor in the amount of $11,582.90 and stated the total project cost of $211,582.90 was over $7,000 less than the bid amount.  In motion by Pfeifer, seconded by Parras, Resolution No. 2016-131 entitled “Resolution Accepting Traverse Road Sanitary Sewer And Water Improvements Project And Authorizing Final Payment To Chard Tiling And Excavating“ was introduced.  Upon roll call, with all in favor, the Resolution was declared passed and adopted.  A complete copy of Resolution No. 2016-131 is contained in the City Administrator’s book entitled Council Resolutions 21.

Revolving Loan Fund Request:  Bushaw – Community Development Director Wille presented the Economic Development Authority recommendation to approve a $20,000 Central Business District Renovation/Accessibility Enhancement revolving loan to David and Tressa Bushaw for improvements to their property at 401 South Minnesota Avenue.  Wille indicated improvements included regrading/paving of the parking lot, tuck pointing of the brick, and painting the east and south walls; all of which were approved by the Heritage Preservation Commission as the building is on the National Register of Historic Places in addition to being in the City’s Heritage Preservation District.  Wille also reported the loan would be amortized over ten (10) years, at zero percent (0%) interest and secured by a second mortgage on the property.   Councilmember Parras questioned why the improvements, which didn’t appear to enhance accessibility to the property, would be funded from the Central Business District Renovation/Accessibility Enhancement revolving loan program.  Wille noted the newly established program was for renovation projects and/or accessibility enhancement work and it would also provide for forgiveness of up to $5,000 of the principle amount.  Councilmember Kvamme expressed his hope that staff would “push” the accessibility enhancement portion of the program on loan applicants.  In motion by Kvamme, seconded by Parras, Resolution No. 2016-132 entitled “Resolution Approving $20,000 Central Business District Renovation/Accessibility Enhancement Revolving Loan To David And Tressa Bushaw To Partially Finance The Renovation And Repair Of 401 South Minnesota Avenue“ was introduced.  Upon roll call, with all in favor, the Resolution was declared passed and adopted.  A complete copy of Resolution No. 2016-132 is contained in the City Administrator’s book entitled Council Resolutions 21.

SMMPA Agency Agreement Amendment – City Administrator Prafke presented an  amendment to the Southern Minnesota Municipal Power Agency (SMMPA) agency agreement which had was being requested by SMMPA.  Prafke reminded Councilmembers that the City had retained and met with a special City Attorney, Michael Krikava of Briggs and Morgan, to review the requested modification which would revise the rules for current SMMPA members and identify any future relationship (i.e. joint projects) with current SMMPA members who may be leaving the organization.  Prafke noted that Mr. Krikava had analyzed all aspects of the changes to the agreement, but had not provided a recommendation as to whether it should be executed and indicated it was up to the Council to make that decision.  In motion by Carlin, seconded by Parras, Resolution No. 2016-133 entitled “Resolution Approving Execution Of Southern Minnesota Municipal Power Agency Amendment No. 1 To Agency Agreement“ was introduced.  Upon roll call, with all in favor, the Resolution was declared passed and adopted.  A complete copy of Resolution No. 2016-133 is contained in the City Administrator’s book entitled Council Resolutions 21.

Public Access Equipment Purchase/Contract For Production Services – City Administrator Prafke recommended purchase of an equipment bundle from B & H Photo Video in the amount of $19,104.84 that would replace much of the public access equipment with newer technology, high definition equipment that would eventually allow for streaming of City Council meetings on the internet.  Prafke noted the current equipment was failing and quotes were obtained for replacement that would be funded by the Public Access fund.  Prafke also recommended execution of a contract with Ryan Sturgis dba True Façade Pictures, to provide for public access production services at the rate of $25 per hour.  Prafke noted that True Façade employs paid interns from Minnesota State Mankato to perform the services which have worked out well for the City.  In motion by Carlin, seconded by Kvamme, Resolution No. 2016-134 entitled “Resolution Authorizing Purchase Of Public Access Recording Equipment And Execution Of Production Services Contract Between The City And Ryan Sturgis dba True Façade Pictures“ was introduced.  Upon roll call, with all in favor, the Resolution was declared passed and adopted.  A complete copy of Resolution No. 2016-134 is contained in the City Administrator’s book entitled Council Resolutions 21.

Temporary Family Health Care Dwellings Opt-Out – Community Development Director Wille presented the Planning and Zoning Commission recommendation for the City to opt out of State regulations concerning temporary family health care dwellings.  Wille indicated the law went into effect at the beginning of September, but there are no pending applications for the dwellings which allows the City the option of opting out of the rules.  Wille also noted that the Commission’s recommendation included asking staff to develop regulations that would allow for the dwellings in Saint Peter and be specific to City zoning and utility regulations. 

Councilmember Brand spoke against the proposed ordinance citing the following issues:  the State law not requiring the City to gather personal medical information; the lack of housing for seniors with medical issues and the affordability or lack thereof of other options; people fighting to stay in their own homes rather than go to nursing homes; the overwhelming legislative support for the State law; and his belief that Saint Peter was unique and the law was an opportunity for the City to meet the demands of community members by following the State law.

A motion was made by Brand, seconded by Parras to table the proposed ordinance until further discussion.  Councilmember Brand indicated he would like public discussion to determine the actual needs and wants of the community.  Councilmember Parras expressed his belief that at $9,000 a month for nursing homes, the temporary dwellings would be cheaper for individuals who need the housing.

Upon voice vote of the Council, with Councilmembers Carlin, Brand, and Parras voting aye; Councilmembers Kvamme, Pfeifer and Mayor Zieman voting nay, the motion failed.

Councilmember Brand then made a motion to modify the proposed ordinance to include a sunset clause of one year to allow time for development of a “Saint Peter friendly” regulation.  The motion died for lack of a second.

Councilmember Brand encouraged the Council to vote down the proposed ordinance and expressed his belief that allowing the temporary dwellings was important for hospice patients and people want to end their lives at home; and to prevent creating an “unfair situation” for those who don’t want to be in a nursing home.

Councilmember Parras commented that approving the ordinance was “taking away people’s choice”.

Councilmember Kvamme expressed his belief that the ordinance should be approved and by next spring an alternative will be developed that will work in Saint Peter.

In motion by Pfeifer, seconded by Kvamme, Ordinance No. 30, Third Series entitled “An Ordinance Amending City Code Chapter 24 “Land Use Regulations And Zoning” Section 24-14 “General Description Of Residential Use Types” To Opt Out Of The Requirements Of Minnesota Statutes Section 462.3593 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 Pfeifer, Kvamme, Carlin and Mayor Zieman voting aye, Councilmembers Parras and Brand voting nay, the Ordinance was declared passed and adopted.  A complete copy of Ordinance No. 30, Third Series is contained in the City Administrator’s book entitled Council Resolutions 21.

City Assistance Request:  Halloween Hayride – City Administrator Prafke recommended approval of a request by the Nicollet County Trails Association to hold their second annual haunted hayride event on two weekends in October in Riverside Park.  Prafke noted the request and the recommended approval were very similar to the previous year’s event with the exception of being expanded to two weekends (October 20-22 and 28-29, 2016) and allowing the event to be held until 11:00 p.m.  Prafke also noted that the route the hayride would take may be modified due to higher than normal water levels in the park.  In motion by Pfeifer, seconded by Brand, Resolution No. 2016-135 entitled “Resolution Approving Request For City Assistance For Nicollet County Trails Association Haunted Hayrides“ was introduced.  Upon roll call, with all in favor, the Resolution was declared passed and adopted.  A complete copy of Resolution No. 2016-135 is contained in the City Administrator’s book entitled Council Resolutions 21.

City Assistance Request:  Oktoberfest – City Administrator Prafke recommended approval of a request by the St. Peter Ambassador’s for City assistance for their Oktoberfest event to be held in Municipal Lot #5 the weekend of September 23-24, 2016.  Prafke noted staff had met with the organizers to address any issues from the 2015 event and approval was recommended as outlined in the proposed resolution.  Councilmember Parras questioned why the expected fiscal impact to the City ($4,000) was so much higher than the impact of the assistance provided for the Hayride event ($1,000).  Prafke noted that the staff time involved in Oktoberfest for both Police and Public Works staff, was substantially higher and the amounts were the best estimates based on the time and materials provided for the event.  In motion by Carlin, seconded by Parras, Resolution No. 2016-136 entitled “Resolution Approving City Assistance For St. Peter Ambassador’s Oktoberfest Event“ was introduced.  Upon roll call, with all in favor, the Resolution was declared passed and adopted.  A complete copy of Resolution No. 2016-136 is contained in the City Administrator’s book entitled Council Resolutions 21.

Donation Acceptance:  Girls Fast Pitch Association – Public Works Director Moulton requested acceptance of a $6,175 donation from the St. Peter Girls Fast Pitch Association for improvements to the fence and dugouts at Stones Park.  Councilmember Kvamme questioned why proposed improvements to a park had not been reviewed by the Parks and Recreation Advisory Board before Council action.  Kvamme indicated his belief that any donations to the park should be reviewed by the Board to determine if the improvements fit with the comprehensive parks plan and stated that taking out a berm and reshaping a park should be part of a bigger plan. 

City Administrator Prafke suggested that modification of the donation policy to direct such donations to the Parks Board first is something the Council could provide for, but stated the comprehensive parks plan does not include the level of detail that would be necessary to include all possible modifications to a park.  A motion was made by Kvamme, seconded by Carlin, to table action on acceptance of the donation to allow the request to be considered by the Parks Board for compliance with the comprehensive parks plan.  With Councilmembers Kvamme and Carlin voting aye; Councilmembers Pfeifer, Brand, Parras and Mayor Zieman voting nay, the motion failed.

In motion by Pfeifer, seconded by Kvamme, Resolution No. 2016-137 entitled “Resolution Accepting Donation From Saint Peter Girls Fast Pitch Association For Improvements To Stones Park“ was introduced.  Upon roll call, with all in favor, the Resolution was declared passed and adopted.  A complete copy of Resolution No. 2016-137 is contained in the City Administrator’s book entitled Council Resolutions 21.

City Administrator Prafke indicated he would schedule a review of the City’s donation policy on an upcoming workshop agenda.

Electric Budgeted Pick-Up Purchase – Public Works Director Moulton requested approval for the purchase of a 2017 Ford 4 x 4, three-quarter ton, Super Cab truck through the State bid process from Wolf Motors for the price of $33,596.55 to replace the Electric Foreman vehicle.  Moulton reported that only the Ford truck offered under the State bid process included an eight foot (8’) box and the dual cab configuration that staff felt was necessary for hauling sensitive electric materials to and from job sites.  Moulton also requested that upon receipt of the new truck, the current 2001 Dodge pickup driven by the Electric Foreman be declared as surplus and offered for public sale.  Councilmember Pfeifer made a motion to table action on the purchase until the next meeting to provide staff with an opportunity to review the specifications for the truck and to find other dealers, including the local auto dealership, to bid on the purchase.  After extensive discussion on the process used to obtain bids/quotes/proposals for City purchases Councilmember Brand seconded the motion to table action.  With Councilmembers Pfeifer, Brand, Parras and Kvamme voting aye; Councilmember Carlin and Mayor Zieman voting nay, the motion carried and action was tabled. 

Stormwater Budgeted Pick-Up Purchase – Public Works Director Moulton requested approval for the purchase of a 2017 Ford 4 x 4, half-ton, Super Cab truck through the State bid process from Midway Ford of Roseville for the price of $32,579.72 to replace the 2002 GMC Blazer that had been used by the Stormwater Foreman and been transferred to the Building Department.  Councilmember Parras questioned whether there was anything special about the vehicle that did not allow consideration of other makes and models of trucks.  Moulton responded there was nothing special about the vehicle.  Councilmember Pfeifer made a motion, seconded by Councilmember Kvamme to table action on the purchase until the next meeting to provide other dealers, including the local dealership, to bid on the purchase.  With Councilmembers Pfeifer, Brand, Parras and Carlin voting aye; Councilmember Kvamme and Mayor Zieman voting nay, the motion carried and action was tabled. 

Reports

Mayor’s Report – Mayor Zieman reported on his recent activities which included attending a Patriot’s (9/11) Day ceremony sponsored by American Legion Post #37.

Boomers and Beyond Expo -  City Administrator Prafke reminded the public of the Boomers and Beyond expo to be held on September 15th at the Community Center.

Rock Bend Folk Festival – City Administrator Prafke reported the Rock Bend Folk Festival had been very well attended and the park had held up well to all the activity even after the extensive rain in the days prior to the event.

Goal Session Discussion Recap – City Administrator Prafke directed the Council’s attention to the memo recapping discussion at the August 29th goal session that had been included in the Council packet.

Councilmember Pfeifer left the meeting at 8:45 p.m.

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