HomeMy WebLinkAbout04 14 14 City Council Meeting Minutes4646 Dakota Street SE
Prior Lake MN 55372
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April 14, 2014
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The meeting was called to order at 7:00 p.m. Present were Mayor Hedberg, Councilors Keeney, McGuire,
Morton and Soukup, City Manager Boyles, City Attorney Rosow, City Engineer / Inspections Director Poppler,
Project Engineer Thongvanh, Public Works / Natural Resources Director Gehler, Finance Director Erickson,
Community and Economic Development Director Rogness, Fire Chief Hartman, Police Chief O’Rourke,
Assistant City Manager Meyer and Executive Assistant Deppe.
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The public forum is intended to afford the public an opportunity to address concerns to the City Council. The
public forum will be no longer than 30 minutes in length and each presenter will have no more than ten (10)
minutes to speak. Topics of discussion are restricted to City governmental topics rather than private or political
agendas. Topics may be addressed at the public forum that are on the agenda. However, topics that are the
subject of a public hearing are best addressed at the public hearing, not at public forum. Therefore, topics may
not be addressed at public forum if: (i) the topic has been the subject of a public hearing before the City Council
or any City Advisory Committee and the Council has not taken action on the topic; or (ii) if the topic is the
subject of a scheduled or continued public hearing or public information hearing on the current agenda or at a
future meeting before the City Council or any City Advisory Committee.During public forum, a member of the
public may request that the City Council consider removing an item from the Consent Agenda following the
procedure set forth in Section 401.5. The City Council may discuss but will not take formal action on public
forum presentations. Matters that are the subject of pending litigation are not appropriate for the forum.
(Updated 3/10/2014)
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Reviewed the process for the public forum.
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Commented on the quality of the neighborhood of Rolling Oaks
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Circle, and the proposal for reconstruction of Rolling Oaks Circle to City standards. Believed the development
was being driven by the Meadowlawn development to the east. Believed the Rolling Oaks Circle property
owners will disproportionately bear the enormous cost of the project. Discussed the feasibility report from last
fall and the proposal to split the larger parcels into multiple units. Asked the Council to remove the concept of
splitting parcel, communicated that none of the residents want the project, and believed the property values will
not support the project. Believes the City and developer bear much of the benefit and should bear
corresponding costs for the project.
Thanked staff for taking the time for neighborhood meetings.
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Believed the vision for Prior Lake is to preserve neighborhoods for all ages. Commented on the focus of the
Feasibility report being to develop, subdivide or destroy the neighborhood in order to fund the infrastructure
improvements. Repeated that the project is for the benefit of the developer of Meadowlawn, and the costs for
the project are not feasible for the property owners.
Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
Concerned about the street resurfacing project due to the impact on
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home values, park access, and traffic. Provided a petition asking the Council to take a closer look at the project
with neighborhood input.
Asked for a public hearing to review the concerns of the neighborhood
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related to the Carriage Hills reconstruction.
Commented on the larger concept of special assessments for City
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improvements. Believed that minutes should be kept for special assessment committee meetings and that
transparency is called for.
With no others interested in speaking, the City Council provided the following comments:
Discussed that the Carriage Hills project is on the meeting agenda for this evening and the Council
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will consider whether additional public comment is necessary. On the topic of Rolling Oaks, reassured the
neighborhood that the Council and staff are equally concerned about the costs of the Rolling Oaks
improvements, and that further discussion will occur before any decision will be made.
Further commented that the role of subcommittees is to meet with staff and spend a lot more time on
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an issue and understand all the complications. Offered reassurances that the process for those subcommittees
is to learn and make a recommendation to the full Council. No decisions are made. Most of the information
provided in those meetings is made part of the agenda packet when the Council considers the item.
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MOTION BY SOUKUP, SECOND BY MCGUIRE TO APPROVE THE AGENDA AS PROPOSED.
Hedberg Keeney McGuire Morton Soukup
:38)
Aye
Nay
The motion carried.
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MOTION BY SOUKUP , SECOND BY KEENEY TO APPROVE THE MINUTES OF THE MARCH 10, 2014
CITY COUNCIL MEETING.
Hedberg Keeney McGuire Morton Soukup
:38)
Aye
Nay
The motion carried.
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reviewed the items on the consent agenda.
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A. Consider Approval of Claims Listing
B. Consider Approval of February 2014 Treasurer’s Report
C. Consider Approval of Building Permit Summary Report for February and March
D. Consider Approval of a Report Requesting that the EDA be Directed to Investigate and Recommend the
Appropriateness of Two Property Acquisitions
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E. Consider Approval of Approving a Revised Purchasing Policy
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F. Consider Approval of Authorizing the 2014 Insurance Policy Renewals
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G. Consider Approval of and for the Maplewood Street Improvement (City
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Project #14-012): 1) Accepting Bids and Awarding the City’s Standardized Construction Contract; and 2)
Accepting Proposals and Authorizing Probe Engineering to Provide Construction Staking
H. Consider Approval of (1) 1 Amending the Zoning Map to Designate Property as a PUD -
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Planned Unit Development; (2) Approving the Final PUD Plan and the PUD
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Agreement; and (3) Approving the Final Plat and the Development Contract, all for
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the Bluffs of Shady Beach
I. Consider Approval of Approving a Title VI Plan for the City of Prior Lake Laker Lines
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Transit
J. Consider Approval of Accepting Proposals and Awarding the City’s Standard Contract
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for Professional Services for Arc Flash Hazard Compliance
K. Consider Approval of Approving a Temporary On-Sale Liquor License for the Church
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of St. Michael
L. Consider Approval of a Massage Therapy License Renewal for Judy Coursolle
M. Consider Approval of Approving the Submission of a Grant for the Mushtown,
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Panama, Maple Project.
N. Consider Approval of Authorizing the Maintenance Superintendent to Sign the Annual
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Contract Between the City of Prior Lake and the Cooperative Purchasing Venture for Road Salt.
O. Consider Approval of Authorizing the Purchase of Two 2014 Dodge Charger AWD
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Police Sedans.
P. Consider Approval of Approving the Wetland Replacement Plan for the Hickory
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Shores South Development (City Project #DEV-2013-0009)
Q. Consider Approval of Amending the Electronic Message Board Policy
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R. Consider Approval of February and March Fire Incident Reports
S. Consider Approval of Confirming the Previous City Council Decision to Vacate Public
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Road and Waterfront in Butternut Beach
T. Consider Approval of the February and March Animal Control Reports
5F (Morton), 5K (Soukup), and 5Q (Keeney)
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MOTION BY MCGUIRE , SECOND BY SOUKUP TO APPROVE THE CONSENT AGENDA AS AMENDED.
Hedberg Keeney McGuire Morton Soukup
:38)
Aye
Nay
The motion carried.
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Discussed the 27 years of service of former officer/detective Christopher Olson, including his hire
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in 1987, first DARE officer in Prior Lake and types of calls handled - from animal abuse to homicide
investigation. Noted Chris was recognized by the County Attorney staff and FBI, has been recommended for
Employee of Year based upon his leadership, competence, thoroughness, commitment, and the respective of
his peers. Advised that Chris has taken a position with the Bureau of Criminal Investigation as a homicide
investigator. Thanked Chris for his service.
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Commented that he was grateful for working at the City for 27 years, and discussed the growth over
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his tenure and the professionalism of the staff and his fellow officers.
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Reviewed the agenda item in connection with the staff report in order to get to Tree City USA status.
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Read the proclamation identifying April 25, 2014 as Arbor Day in Prior Lake.
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Reviewed the agenda item consistent with the staff report, reviewing the significant items for change
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including an increase in the escrow for construction observation from 5% to 6%, and two sewer utility charges.
Asked how often the boat slip rental fees are charged, and the parking fee for Sand Pointe Park.
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MOTION BY SOUKUP, SECOND BY MCGUIRE TO OPEN THE PUBLIC HEARING.
Hedberg Keeney McGuire Morton Soukup
:38)
Aye
Nay
The motion carried.
No persons chose to speak on this item.
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MOTION BY MORTON, SECOND BY SOUKUP, TO APPROVE APPROVING THE
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ORDINANCE AS PROPOSED AND SUMMARY PUBLICATION.
Asked if there are current water agreements or if it is something that will come before the Council on
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an agreement-by-agreement basis.
Advised that the Council will see the costs on an agreement-by-agreement basis as negotiated.
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Asked if this fee structure is a result of the action the Council took encumbering the Trunk fund to
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perform some of the more difficult infrastructure projects.
No, and advised that a fee study would be conducted to further evaluate Trunk fees or other
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development fees.
Asked if the construction observation escrow increase has been discussed with the Builders
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Association or other developers.
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Advised that over the last 6 years, 4 projects have gone over on the construction observation costs.
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There has been feedback that developers would prefer an increase rather than having to secure additional
funding mid-project to cover the overages.
MOTION BY HEDBERG, SECOND BY MCGUIRE TO AMEND THE PROPOSED INCREASE FROM 6%
BACK TO 5% IN ORDER THAT ADDITIONAL DISCUSSION CAN BE HAD WITH THE BUILDERS
ASSOCIATION.
Explained that we have heard from two different developers that this is their preference as opposed
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to going through the process to acquire funding mid-project.
VOTE ON THE PROPOSED AMENDMENT AND DIRECTION TO STAFF.
Hedberg Keeney McGuire Morton Soukup
:38)
Aye
Nay
The motion carried.
VOTE ON THE MAIN MOTION AS AMENDED.
Hedberg Keeney McGuire Morton Soukup
:38)
Aye
Nay
Asked for a clarification on the procedure. Because it would require publishing the Ordinance twice,
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the Ordinance would not be published until the Council concludes its approval following the public hearing.
Explained that if the public hearing is closed, it would need to be re-noticed. The other option is to
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continue the public hearing.
MOTION BY MCGUIRE, SECOND BY HEDBERG TO CONTINUE THE PUBLIC HEARING TO MAY 12, 2014
TO ADDRESS THE ESCROW PERCENTAGE.
Hedberg Keeney McGuire Morton Soukup
:38)
Aye
Nay
The motion carried.
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Reviewed the project consistent with the staff report.
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MOTION BY KEENEY, SECOND BY MCGUIRE TO APPROVE ACCEPTING BIDS
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AND AWARDING THE CITY’S STANDARDIZED CONSTRUCTION CONTRACT FOR THE CARRIAGE HILLS
PARKWAY, CARRIAGE HILL ROAD AND CREST AVENUE REHABILITATION PROJECT (CITY PROJECT
#14-002).
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Believed it appropriate to talk about the additional public input first.
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Staff was suggesting that since we have gone through the bidding process and have received a
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favorable bid, that we move forward and can still conduct additional public input.
Asked how staff envisioned what the compromise might be on the project that will not impact the bid
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price.
Commented that changes could be made that do not affect bid price if they do not impact the outside
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curb line or width of the street, such as an additional striping plan. Similarly, if there is not a median and a
different re-striping plan was determined at the park entrance area, the bid would not be significantly impacted.
Asked if the median in this section is a pain point for the neighborhood.
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Would not suggest removing the median, but the DNR access is a high demand access and boats
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with trailers queue on Crest Avenue. The project shortens the availability of left turn room for those queues. As
the road gets busier with development to the west, the decision is whether it is even appropriate for queuing
and the impediment that creates for higher volume traffic. Some of the residents suggest that without a long
queue the traffic will queue on other local streets. There is not a good solution related to that DNR access.
The design is not built for the peak but there is 700 feet that will accommodate most weekends.
Asked that if we award the bid, and through the process the final configuration affects quantities, can
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that be accomplished by a change order.
Yes.
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Asked about the impact on available parking. Further asked if the ponding on the west end of
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Carriage Hills would need to be increased and if the City has the appropriate easements.
On-street parking would stay. Related to the ponding, staff is recommending tying into existing
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piping so no additional easement is required.
Based upon the types of changes that could be contemplated, he is comfortable moving forward with
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additional input to follow to resolve the outstanding concerns of the neighborhood.
Agreed.
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VOTE ON THE MAIN MOTION.
Hedberg Keeney McGuire Morton Soukup
:38)
Aye
Nay
The motion carried.
MOTION BY MCGUIRE, SECOND BY SOUKUP, DIRECTING STAFF TO CONDUCT A PUBLIC
INFORMATION MEETING WITH NOTICE TO RESIDENTS PRIOR TO THE APRIL 28, 2014 COUNCIL
MEETING AND BRING A RECOMMENDATION BACK TO THE CITY COUNCIL AT ITS APRIL 28, 2014
MEETING.
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Asked that the public hearing opportunity be re-noticed to the neighborhood.
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Believed that a public information meeting with the staff is more productive and solution-oriented on a
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date other than the Council meeting date. It would be up to staff to bring the solutions back to the City Council.
Suggested that the public information meeting be conducted at the work session prior to the meeting.
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Asked Tom Schutz if the neighborhood would be receptive to an informational meeting prior to the
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next City Council meeting.
Believed an informational meeting best serves addressing the
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problem.
Commented that the meeting could happen next week and the timeline met.
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MOTION BY MCGUIRE , SECOND BY SOUKUP TO APPROVE A NOTICED, STAFF-CONDUCTED PUBLIC
INFORMATION MEETING ON APRIL 23:
Hedberg Keeney McGuire Morton Soukup
:38)
Aye
Nay
The motion carried.
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Discussed the recommendations of the Community Safety Advisory Committee.
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MOTION BY MCGUIRE, SECOND BY SOUKUP TO APPROVE RELATING TO LIQUOR
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LICENSES REGARDING: (1) FIRST OFFENSE PRESUMPTIVE PENALTY; (2) TRAINING REQUIREMENTS
FOR ALL SELLERS; AND (3) BALANCING PENALTY FOR CLERK AGAINST LICENSEE PENALTY
Thanked staff and Community Safety Advisory Committee. Asked for clarification of whether 70% of
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all staff being trained means all volunteers or just volunteers serving.
Clarified that it would apply to volunteers/employees charged with serving alcohol. There is no way
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for the Police Department to know if a volunteer/employee has been trained except by asking them upon a
compliance check with a failure.
Also like the idea of a training DVD that can be distributed to all licensed entities.
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Concerned that we are dramatically lowering the penalty for retailers, and whether we are maintaining
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an effective deterrent especially for larger operations. Suggested that any stay of criminal prosecution for the
first offense be related to proof of training. Asked about the presumptive penalty for a second infraction.
Agreed with Councilmember Keeney. The second offense is a 6 day suspension.
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MOTION BY KEENEY, SECOND BY MORTON, THAT THE STAY FOR FIRST OFFENSE IS CONDITIONED
UPON PROOF OF TRAINING FOR ALL EMPLOYEES SERVING LIQUOR.
Clarified that if the proof of training could not be provided, the automatic penalty of $1000 and one
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day suspension would be enforced.
Clarified that the ordinance needs to be amended to note that the ordinance would become effective
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“for violations occurring from and after the ordinance’s passage and publication.
VOTE ON AMENDMENT FOR PROOF OF TRAINING FOR ALL THE EMPLOYEES.
Hedberg Keeney McGuire Morton Soukup
:38)
Aye
Nay
The motion carried.
MOTION BY HEDBERG, SECOND BY MORTON, THAT THE ORDINANCE SHALL BE EFFECTIVE FOR
VIOLATIONS AFTER PASSAGE AND PUBLICATION.
Hedberg Keeney McGuire Morton Soukup
:38)
Aye
Nay
The motion carried.
VOTE ON ORIGINAL MOTION AS AMENDED.
Hedberg Keeney McGuire Morton Soukup
:38)
Aye
Nay
The motion carried.
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Reviewed the requested equipment purchases consistent with the staff report.
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MOTION BY SOUKUP, SECOND BY MCGUIRE TO APPROVE AUTHORIZING 2014
6)73098-32
VEHICLE AND EQUIPMENT PURCHASES INCLUDING: LOADER, PLOW AND WING.
Hedberg Keeney McGuire Morton Soukup
:38)
Aye
Nay
The motion carried.
MOTION BY SOUKUP, SECOND BY HEDBERG TO APPROVE AUTHORIZING 2014
6)73098-32
VEHICLE AND EQUIPMENT PURCHASES INCLUDING: SINGLE AXLE TRUCK, PLOW AND WING.
Hedberg Keeney McGuire Morton Soukup
:38)
Aye
Nay
The motion carried.
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Reviewed the EDA Annual Report and suggested adding the fact that two fee deferral loans had
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been approved for Honest One and Artisan Bistro.
Advised that paragraph 5 is the best summary of activity, and noted that building permit value is
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another effective measure.
Thanked staff for building a base of data. Further commented that there is still work to do in some
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areas but we are making good progress in terms of number of jobs.
MOTION BY KEENEY, SECOND BY MCGUIRE TO APPROVE APPROVING THE EDA
6)73098-32
2013 ANNUAL REPORT.
Hedberg Keeney McGuire Morton Soukup
:38)
Aye
Nay
The motion carried.
Further discussed the business plan goals for 2014 consistent with the staff report, including
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Broadband network build out by private business, Technology Village development, partnership with
developers/property owners in targeted areas for development, City Codes & fees review, marketing of Prior
Lake as Recreation Destination, and Building a Customer Centric City/EDA Culture.
Commented that the number of new businesses is probably under-reported. Believes at some
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point we need to identify a way to measure the number of home-based businesses.
Advised staff is looking for ways to get better inventories and not rely on just the state data.
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In terms of priority, the EDA has identified the “targeted areas for development” and Technology
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Village is higher on the list.
Believed the increase in investments of time and energy will focus on marketing, and targeted
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areas for development. Also believed the technology village could expand to include more service
businesses. Suggested listing the goals in terms of priority.
Asked if the numbers could better show the growth or impact of the new businesses and
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technology village since the last review period to assure that EDA metrics are accurate.
Commented that he is optimistic about this year with commercial in Eagle Creek Estates,
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Deerfield Industrial Park, and one of the technology village tenants expanding.
MOTION BY KEENEY, SECOND BY SOUKUP TO APPROVE APPROVING THE EDA
6)73098-32
2014 BUSINESS PLAN.
Hedberg Keeney McGuire Morton Soukup
:38)
Aye
Nay
The motion carried.
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Summarized the comments to be provided to the Met Council on its Thrive MSP 2040
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Comprehensive Development Guide. Council is not required to comment, but can if they wish. The draft
letter is to get the discussion started. Noted Prior Lake is considered an “Emerging Suburban Edge” area on
the current Met Council map and many of the comments proposed relate to the categories.
Commented that on #4 to be an Emerging Suburban Edge less than 40% of the land is
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developed. That is not true about Prior Lake. We should be treated the same as Shakopee and Savage and
understand the implications. Related to #7, Prior Lake should be reduced to 3 rather than 5 units per acre.
Believed that comments that take into consideration SMSC holdings should be stressed, and
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include their long-term intended use. Supports Suburban Edge classification.
Commented that related to job and activity centers Scott County is not noted as having any job
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and activity centers, which will partly drive where transportation and transit investments get made.
MOTION BY KEENEY, SECOND BY MCGUIRE TO APPROVE APPROVING
6)73098-32
COMMENTS WITH THE INPUT PROVIDED BY COUNCILMEMBERS TO THE METROPOLITAN COUNCIL
ON THE DRAFT THRIVE MSP 2040 COMPREHENSIVE DEVELOPMENT GUIDE
Hedberg Keeney McGuire Morton Soukup
:38)
Aye
Nay
The motion carried.
Asked how any further comments after Friday can be communicated.
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The draft with tonight’s revisions will be circulated in the update and any comments directed to me.
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MOTION BY MORTON, SECOND BY MCGUIRE TO APPROVE AUTHORIZING THE
6)73098-32
2014 INSURANCE POLICY RENEWALS.
Asked about premium increases and underlying drivers.
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: Commented that the overall experience is impacted by the size
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of the claims. No specific areas for concern. Discussed how police claims disproportionately affect the rate
formula. They are more costly to defend. With respect to worker’s compensation, the City had an unbelievably
good rating, but has had two significant claims in 2013 and, while still good, went up
Asked about the purpose of equipment breakdown risk insurance.
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: Advised that most municipalities have equipment breakdown
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coverage for equipment like high-cost motors for water systems, wells, fire equipment, air condensers for
buildings, water surges, lift stations, and so on that if they break can have significant liability exposure.
Clarified that accidental doesn’t mean that there was fault contributing to an accident. In insurance
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“sudden and accidental” means something unexpected, as opposed to normal or sustained wear.
Asked if a year from now we will be able to tell if this insurance was valuable or not.
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Advised that cost benefit can be tracked.
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Hedberg Keeney McGuire Morton Soukup
:38)
Aye
Nay
The motion carried.
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MOTION BY SOUKUP, SECOND BY MCGUIRE TO APPROVE APPROVING A
6)73098-32
TEMPORARY ON-SALE LIQUOR LICENSE FOR THE CHURCH OF ST. MICHAEL.
Advised that this license will be subject to the new ordinance.
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Asked if there was a compliance failure last year at St. Michael’s, and commented it is not noted in
/IIRI]
the staff report.
Confirmed.
6SWS[
Hedberg Keeney McGuire Morton Soukup
:38)
Aye
Nay
The motion carried.
5'SRWMHIV%TTVSZEPSJ6IWSPYXMSR%QIRHMRKXLI)PIGXVSRMG1IWWEKI&SEVH4SPMG]
MOTION BY KEENEY, SECOND BY SOUKUP TO APPROVE AMENDING THE
6)73098-32
ELECTRONIC MESSAGE BOARD POLICY.
Suggested that business promotion only happen in terms of event location, rather than “sponsored
/IIRI]
by” basis.
Hedberg Keeney McGuire MortonSoukup
:38)
Aye
Nay
The motion carried.
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Welcomed Sarah Deppe as new Executive Assistant.
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With no further business brought before the Council, a motion to adjourn was made by MORTON and
seconded by SOUKUP. The motion carried and the meeting adjourned at 10:12pm.
___________________________________
Frank Boyles, City Manager
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