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1 Mayor Bender called the meeting to order with the following members present: Bender, Wilcox, Flicek, Kratochvil, Jirik. Absent: None Staff Present: Mike Johnson, Ken Ondich, Dennis Seurer, Mark Vosejpka, and Renee Christianson. The Pledge of Allegiance was recited. Pursuant to due call and notification, a public hearing was held regarding the transfer of liquor license from D.J. Bastyr, Inc. to M.K.N.B., Inc. dba Corner Bar at 100 Main Street West. Mayor Bender opened the Public Hearing at 7:02 P.M. Mayor Bender asked for questions or comments. With no questions or comments, the Public Hearing was closed at 7:03 P.M. Administrator Johnson explained the proposed transfer and noted that the background check information has had positive results and that staff recommends approval of the transfer of liquor license. transfer of liquor license from D.J. Bastyr, Inc. to M.K.N.B., Inc. dba Corner Bar at 100 Main Street West. Motion carried. Planning Director Ondich introduced the proposed Concession Agreement between the and Hymnus, Inc., which will allow Hymnus to use and occupy for former Armory building located at 301 Lexington Avenue South. The building will be used as an arts and cultural activities center. He explained that a conditional use permit has already been approved which allows the proposed use, and that the Department of the Interior has also approved the proposed use. He explained that the City Attorney and Mary Zard have reviewed and approved the Agreement. He gave a brief overview of the highlights of the Agreement. Commissioner Wilcox asked if the Agreement could be reviewed in one year to review the City costs associated with the building, and if City costs were too high, a rent charge could be added to the building. Mr. Ondich stated that if we begin charging rent in the future then the property would convert to a taxable

2 status. After discussion by the Council on this issue, it was agreed to leave the Agreement as written. It was moved by Jirik, seconded by Flicek to approve the Concession Agreement between the and Hymnus, Inc. dated 12/15/08. Motion carried. Planning Director Ondich explained information regarding the proposed MS Tram stop in Memorial Park on July 30, 2009. He noted that the Park Board has discussed the proposed event and recommended to the City Council approval of the 2009 MS Tram stop in Memorial Park on Thursday, July 30, 2009 with conditions. He noted that the event would expect to bring 12,000 people to the City, with an economic impact of approximately $50,000. Kristi Mach, Chamber of Commerce Director, also spoke in support of the event and the Park Board s recommended conditions. It was moved by Wilcox, seconded by Jirik to approve the request to utilize Memorial Park and City property for the 2009 MS Tram stop as described in the November 26, 2008 letter from the New Prague Chamber of Commerce, with the following conditions: 1. The shall be named as additional insured for the event since it is taking place in Memorial Park and shall also be provided a copy of the Certificate of Insurance. The City shall be held harmless for any injuries or damages occurring during the event. 2. Memorial Park, including the softball fields in Memorial Park, shall be reserved for the event from 8AM Wednesday July 29 th, 2009 through noon on Friday July 31 st, 2009. In addition, the Baseball field adjacent to the pool shall be reserved for the event on Thursday July 30, 2008 only. 3. The Chamber of Commerce shall have the responsibility to obtain a temporary liquor license from the City for the beer garden, have staff/volunteers checking identification and monitoring the vicinity, and liquor liability insurance shall be provided by the Chamber of Commerce. 4. The will provide additional garbage cans for the event unless the New Prague Chamber of Commerce feels that dumpsters would better provide for trash accommodations. The Chamber of Commerce and MS TRAM officials/volunteers are responsible for clean up of the

3 park and ball fields by placing trash in appropriate receptacles. 5. The semi-trucks with the showers and bathrooms will be provided access to a water hydrant near the Baseball Field/Pool along 3 rd Street SE. 6. Live, recorded, broadcast music and other entertainment shall cease on or before 9:00 PM due to the close proximity of the residential homes in the area and because the event is taking place on a week night. The speakers for the entertainment shall be faced to the south/southwest away from residential homes. 7. It is noted that 5 th Street SW (between Central Ave. S and TH 21) and possibly TH 19 (west of TH 21) may be under construction during the event time period. 8. The City is granting approval for the MS Tram event participants, including support vehicles and support staff, on the evening of Thursday July 30 th, 2009 to occupy Memorial Park during the Ordinance defined closing time between 11PM to 6AM for the purposes of camping. The City s noise ordinance shall be strictly enforced between the hours of 10PM and 7AM. 9. Bikes parked in and around the softball fields shall not damage the field surface and shall be monitored by appropriate event staff. Motion carried. Planning Director Ken Ondich presented for approval a Cost Reimbursement Agreement between Queen of Peace Hospital and the, and a Proposal by S.E.H. to perform a traffic study related to the development of a hospital at the northeast corner of TH 19 and Alton Avenue. He gave a brief summary of the issue, and stated that the proposed traffic study is needed before City staff can make any formal recommendations regarding necessary roadway improvements. Mary Klimp, Queen of Peace Hospital CEO, also gave a brief history of the project. She noted that the current hospital s core structure dates back to 1952, and that their ability to provide efficient service into the future from this site will be difficult. After performing a study of the costs associated with attempting to upgrade the current facility, the hospital

4 board has chosen to pursue a new site with better visibility. They currently have a purchase agreement on land at the northeast corner of TH 19 and Alton Avenue. Cost Reimbursement Agreement between Queen of Peace Hospital and the, and approval to engage S.E.H. to perform the traffic impact study as proposed in the November 21, 2008 proposal in an amount not to exceed $15,319. Motion carried. City Administrator Johnson reviewed the proposed 2009 general fund budget and proposed property tax levy. Council member Jirik offered the following Resolution and moved for its adoption: RESOLUTION #08-12-15-01 RESOLUTION ADOPTING 2008 PAYABLE 2009 TAX LEVY WHEREAS, Truth in Taxation Hearing was held on Monday, December 8, 2008. WHEREAS, 2009 general operation budget was presented and considered at the City Council meeting on Monday, December 8, 2008. WHEREAS, a net 2008 payable 2009 levy is necessary to support the proposed budget for 2009. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of New Prague that the 2008 payable 2009 Net Tax Capacity Levy for the is hereby set at $3,410,434.00 and the Market Value Based Levy is hereby set at $54,642.00. BE IT RESOLVED that the City Administrator is hereby authorized to certify copies of this resolution to the County Auditors of Scott and Le Sueur Counties, Minnesota. BE IT RESOLVED that the 2009 general operation budget is approved. Council member Wilcox seconded the Resolution and upon roll call the following vote was recorded AYES NAYES Bender _X

5 Flicek X Jirik _X Kratochvil _X Wilcox _X Thereupon Mayor W. A. Bender declared said resolution adopted this 15th day of December, 2008. W. A. Bender, Mayor ATTEST: Michael J. Johnson, City Administrator City Administrator Johnson reviewed the proposed 2009 budgets of the New Prague Golf Course, the Wastewater Treatment Plant, and the Economic Development Authority. Council member Kratochvil asked if there was a possibility that the EDA functions could be handled internally by city staff in the future. Administrator Johnson stated that it is certainly something that can be looked at in the future. 2009 budgets of the New Prague Golf Course, the Wastewater Treatment Plant, and the Economic Development Authority as presented. It was moved by Jirik, seconded by Flicek to approve the consent agenda. Motion carried. Mayor Bender reported that a performance evaluation was performed for City Administrator Mike Johnson in a closed city council session on December 1, 2008. In all rating categories, Mr. Johnson received scores of either meeting or exceeding expectations of his job performance. All council members were pleased with Mr. Johnson s performance. It was moved by Kratochvil to adjourn the meeting at 8:05 P.M. Respectfully Submitted Renee Christianson City Planner