City Council Proceedings 513

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1 513 Mayor Nickolay called the meeting to order at 7:00 p.m. with the following members present: Nickolay, Bartusek, Bruzek, Ryan, Scripture Staff Present: Mike Johnson, Ken Ondich, Mark Vosejpka, Glen Sticha, and Mary Jo Hruby Mayor Nickolay amended the Agenda by moving Agenda Item #2 and Agenda Item #9 to the beginning of the Agenda. Agenda Item #2 Consider Request from Helena Township Board Asking City to Consider Amending Number of Authorized Wastewater Users Under the Agreement with Cedar Lake Area Water and Sanitary Sewer District dated April 5, 2000 and Agenda Item #9 Building Lease Agreement ( ) at Fire/Ambulance Building with Helena Township. Mayor Nickolay also amended Agenda Item #1 by grouping the 2014 Appointments and having a blanket approval. It was moved by Nickolay and seconded by Bruzek to approve the Amended Agenda. All voted in favor of the motion. (5-0) City Administrator Johnson reviewed the request from the Helena Township Board asking the City to consider amending the number of authorized wastewater users under the agreement with Cedar Lake Area Water and Sanitary Sewer District dated April 5, Terry Maas, Helena Township Supervisor, provided additional background information for their request that both the and the Cedar Lake Area Water and Sanitary Sewer District (CLAWSSD) amend the existing Agreement for the use of the City s wastewater treatment facilities and to allow for the inclusion of the Silver Maple Bay Estates Second Addition located just west of Cedar Lake) to the Cedar Lake Sanitary Sewer District. The request is to add the Silver Maple Bay Estates Second Addition (39 residential lots) to the existing 325 users authorized under the CLAWSSD Agreement. It was moved by Scripture and seconded by Bruzek to approve the Helena Township Board request asking the City to consider amending number of authorized wastewater users under the Agreement with Cedar Lake Area Water and Sanitary Sewer District dated April 5, 2000 contingent upon: 1. The request to increase the number of users in the CLAWSSD Agreement dated April 5, 2000 between the City and the CLAWSSD Board shall only be applicable to the proposed 39 residential lots in the Silver Maple Bay Estates Second Addition. 2. The number of authorized users contained in Section Six, 1.e. of the CLAWSSD Agreement (page 7) shall not exceed 364 users. 3. The Helena Township s Board December 30, 2013 request to the must be approved by the CLAWSSD Board. 4. The Helena Township Board shall in cooperation with the CLAWSSD Board obtain Legislative approval to increase the number of authorized users from 325 to 364 users.

2 Should any legal costs be incurred by the to amend the CLAWSSD Agreement dated April 5, 2000, the Helena Township Board agrees to reimburse the City for those costs. All voted in favor of the motion (5-0) City Administrator Johnson reviewed the proposed Building Lease with Helena Township and Fire/Ambulance Building. The lease allows them to use the ambulance meeting room once a month for their Township Board meetings and for two days when they have an election. The previously monthly rent was $50/month and is now recommended at $75/month for It was moved by Nickolay and seconded Bartusek to approve the Building Lease with Helena Township. All voted in favor of the motion. (5-0) Mayor Nickolay stated that the change of Council Members to Boards and Commissions is usually done every 2 years but based on a request he makes the following changes with the others remaining the same: Shawn Ryan EDA Board Pat Scripture Scott County Transit Review Board Pat Scripture New Prague Area Community Center Board He also recommends Mark Bartusek as City Council Vice President. It was moved by Nickolay and seconded by Ryan to approve the following 2014 Appointments: City Attorney Scott Riggs of Kennedy & Graven 2014 Council Appointments: Utility Commission Chuck Nickolay Park Board Dave Bruzek Planning Commission Mark Bartusek Joint Powers (City/School District) Pat Scripture Golf Board Shawn Ryan EDA (Mayor and 1 Council Member) Chuck Nickolay and Shawn Ryan Cedar Lake Sanitary District Dave Bruzek Scott County Transit Review Board Pat Scripture Ambulance Advisory Committee Mark Bartusek New Prague Area Community Center Board Pat Scripture 2014 Council Vice President Mark Bartusek 2014 Personnel Appointments: City Administrator Michael J. Johnson Police Chief Mark Vosejpka Planning Director Ken Ondich Public Works Manager Glen Sticha Utilities General Manager Bruce Reimers Administrative Services Director Patty Solheid Fire Chief Jerry Novak Fire Department Personnel: Tom Soukup 1 st Asst. Chief Jeremy Tikalsky 2 nd Asst. Chief Tom Musil Captain #1 Phil Werner Captain #2

3 515 Steve Rynda Captain #3 Curt Novotny Lieutenant #1 Greg Pint Lieutenant #2 Steve Rynda Training Officer Bob Connelly Dive Coordinator Brad Novak Secretary Doug Pomije President 2014 Official Depositories: Roundbank of New Prague State Bank of New Prague U S Bank of New Prague Wells Fargo Bank N.A. of New Prague Wells Fargo Advisors of New Prague RESOLUTION # RESOLUTION APPOINTING OFFICIAL DEPOSITORIES FOR CITY FUNDS FOR Designate Official Newspaper - New Prague Times Appointment of Consulting Professionals City Engineer Chris Cavett SEH City Finanical Advisor Springsted, Inc. (Ms. Terri Heuton) City Bond Counsel Kennedy & Graven, Inc. (Mr. John Utley) All voted in favor of the motion. (5-0) Planning Director Ondich reviewed the request from Michael Beach of R.A. Morton for a conditional use permit to allow an outdoor seating area for a restaurant/drinking establishment at 212 W. Main Street (Broz Hotel) in the B-1 Central Business District. It was moved by Bartusek and seconded by Bruzek to approve RESOLUTION # RESOLUTION OF THE NEW PRAGUE CITY COUNCIL GRANTING CONDITIONAL USE PERMIT #C TO ALLOW FOR THE CONSTRUCTION OF AN OUTDOOR PATIO FOR EATING AND DRINKING SERVICES, LOCATED AT 212 W. MAIN STREET, IN THE B-1 CENTRAL BUSINESS DISTRICT, NEW PRAGUE, MINNESOTA. All voted in favor of the motion. (5-0) Planning Director Ondich presented an Ordinance and a Resolution setting a Public Hearing vacating all of the Public Right to Way of 3 rd Avenue NW (formerly Philipp Street and Depot Street) lying north of 2 nd Street NW within the Plat of Philipps Addition to Praha. Mr. Ondich stated that Laurie J. Rasmussen is the owner of the property located at nd Street NW and is in the process of selling the property. A potential title issue has been raised concerning the lot and whether or not the right of way for a public street lying north of 2 nd Street NW has been vacated. Ms. Rasmussen s abstract of title for her property references a possible 1887 certificate of vacation for the right of way, however the City s records from the late 1800 s are not great and we have not been able to locate the certificate to prove the vacation took place in While the City has no reason to believe the right of way of 3 rd Ave. NW still exists, we are being asked to vacate the right of way of 3 rd Ave. NW lying north of 2 nd Street NW within the Plat of Philipps Addition to Praha.

4 516 It was moved by Scripture and seconded by Ryan to introduce Ordinance #270 AN ORDINANCE VACATING ALL OF THE PUBLIC RIGHT OF WAY OF 3 RD AVE. NW (FORMERLY PHILIPP STREET AND DEPOT STREET) LYING NORTH OF 2 ND STREET NW WITHIN THE PLAT OF PHILIPPS ADDITION TO PRAHA. Including the amendment to maintain an easement for a utility line along the west 15 feet. All voted in favor of the motion. (5-0) It was moved by Nickolay and seconded by Ryan to approve RESOLUTION # RESOLUTION SETTING A PUBLIC HEARING TO VACATE ALL OF THE PUBLIC RIGHT OF WAY OF 3 RD AVE. NW (FORMERLY PHILIPP STREET AND DEPOT STREET) LYING NORTH OF 2 ND STREET NW WITHIN THE PLAT OF PHILIPPS ADDITION TO PRAHA. All voted in favor of the motion. (5-0) Planning Director Ondich presented the Cooperative Agreement with Scott County to share in the costs for aerial photos. Scott County has entered into a new agreement with the vendor, Aerometric, for air photos that were flown in The aerial photos are used in the City s Geographic Information System (GIS) and which are used in daily planning, building and utility operations. It was moved by Bruzek and seconded by Bartusek to approve the Cooperative Agreement with Scott County for cost sharing of aerial photography. All voted in favor of the motion. (5-0) City Administrator Johnson reviewed the Declaration of Easement for a utility easement on the vacant City lot located at 107 E. Main St. The utility easement declaration needs to be approved and placed on the property prior to any transfer of property to Sand Creek Holdings LLC and the Tupy s. It was moved by Bruzek and seconded by Ryan to approve the Declaration of Easement for Vacant City Lot located at 107 East Main Street. All voted in favor of the motion. (5-0) City Administrator Johnson presented the Lease Agreement with Thomas J. Kohout for 2014/2015 for rental property located at th Avenue NW. It was moved by Scripture and seconded by Nickolay to approve the Lease Agreement for 2014/2015 for rental property located at th Avenue NW with Thomas J. Kohout. All voted in favor of the motion. (5-0) It was moved by Nickolay and seconded by Scripture to approve the following consent agenda items: A. Approve Previous Meeting Minutes B. Approve Claims for Payment C. Approve Minnesota Lawful Gambling LG220 Application for Exempt Permit for Sand Creek Gray Beards Chapter of the National Wild Turkey Federation at Flipside Bar & Grill on June 21, 2014.

5 517 Planning Director Ondich reported that the has been selected to receive a grant from the Shakopee Mdewakanton Sioux Community in the amount of $52,000 for the Settlers Park Trail. City Administrator Johnson reported that the City was selected by the Economic Development Association for a Business Retention and Expansion Award for the Chart Project. Council Member Bruzek stated on behalf of the City Council he would like to thank Ken Ondich for his work in getting the grant from the Shakopee Mdewakanton Sioux Community. Discussion was held on moving ahead with the planning of the recreational/athletic facilities including athletic fields, armory, swimming pool, and baseball field improvements. City Administrator Johnson reported that City Staff is working on getting information together as far as the plans from the recreation/athletic facilities, the comprehensive plan, cost information, and any coordination with the School. Mr. Johnson stated this information should be available the beginning of February and the Council can then plan and determine where they want to go with a coordinated plan to incorporate it all together. Council Member Ryan stated the Golf Board is recommending a lighted sign in Memorial Park along Main Street to promote the Community, New Prague Orioles, and the Golf Club. It was moved by Nickolay and seconded by Bruzek to adjourn at 8:12 p.m. All voted in favor of the motion. (5-0) ATTEST: Charles L. Nickolay, Mayor Michael J. Johnson City Administrator

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