City Council Minutes

Pursuant to due call and posted notice thereof, the regular meeting of the Victoria City Council was called to order at 6:31 p.m. by Mayor Hershberger Thun in the Council Chambers at 7951 Rose.

Members Present: Mayor: Mary Hershberger Thun; Councilmembers: Tim Amundsen, Jim Paulsen, and Rick Tieden.

Absent: Kim Roden.

Staff Present: Steve Sarvi, City Administrator; Cara Geheren, City Engineer; Holly Kreft, Community Development Director; Jylan Johnson, Finance Director; and Mike Norton, City Attorney.

Others Present: Paul Donna, Northland Securities; Sue Orsen, The Victoria Gazette; and others.
 

Mr. Sarvi noted an amended agenda statement for Item 3-M and also asked that it be removed from the Consent Agenda and considered as Item 9-A.

A motion was made by Councilmember Tieden, seconded by Councilmember Paulsen, to adopt the Agenda as revised above. With all members voting in favor, the motion carried. Vote: 4 Ayes, 0 Nays.
 

Mayor Hershberger Thun read aloud the items to be considered under the Consent Agenda.

The Consent items were as follows:

Minutes of the January 10, 2008 City Council Meeting
Carver County Sheriff Reports for December 2007
Payment of Bills $718,454.36

-A- Smithtown Road Street, Drainage and Utility Improvements ~ Payment Request No. 7

1. Agenda Statement No. 08-11
2. Exhibits

-B- 2007 Street, Drainage and Utility Improvements ~ Change Order No. 2

1. Agenda Statement No. 08-12
2. Exhibits

-C- Approval of Non Disturbance Agreements for the Properties located at 7984 Victoria Drive (Post Office) and 7972 Victoria Drive (Dr. Dungey’s office)

1. Agenda Statement No. 08-13
2. Exhibits
3. Resolution No. 08-02

-D- Approval of the 2008 Refuse Hauler License Applications

1. Agenda Statement No. 08-14
2. Exhibits

-E- Victoria Chamber of Commerce request for Funding for the 2008 Victoria Community Expo

1. Agenda Statement No. 08-15
2. Exhibits
3. Resolution No. 08-03

-F- Approval of Amendments to the Lake Minnetonka Communications Commission Joint Powers Agreement

1. Agenda Statement No. 08-16
2. Exhibits
3. Resolution No. 08-04

-G- Authorize Staff to Submit an Intent to Apply for Active Living Minnesota grant from Blue Cross/Blue Shield Minnesota

1. Agenda Statement No. 08-17
2. Exhibits
3. Resolution No. 08-05

-H- Resolution Establishing Procedures Relating to compliance with reimbursement Bond Regulations under the Internal Revenue Code

1. Agenda Statement No. 08-18
2. Exhibits
3. Resolution No. 08-06

-I- Approve Resolution Nos. 08-07 and 08-08 Accepting Developer-Installed Improvements for the Rhapsody Phase 1 and Laketown Phase 2 Developments

1. Agenda Statement No. 08-19
2. Exhibits
3. Resolution No. 08-06

-J- League of Minnesota Cities Insurance Trust (LMCIT) Dividend Check

1. Agenda Statement No. 08-20
2. Exhibits

-K- City Public Works Site – Boundary Survey

1. Agenda Statement No. 08-21
2. Exhibits

-L- Lift Station No. 4 – Registered Land Survey

1. Agenda Statement No. 08-22
2. Exhibits

-M- City of Victoria 2008 Strategic Goals Workshop

1. Agenda Statement No. 08-23
2. Exhibits

Councilmember Paulsen removed Item 3-L from the Consent Agenda.

Mayor Hershberger Thun removed the Carver County Sheriff’s report for December 2007.

A motion was made by Councilmember Paulsen, seconded by Councilmember Tieden, to adopt the Consent Agenda as amended. With all members voting in favor, the motion carried. Vote: 4 Ayes, 0 Nays.

Carver County Sheriff Reports for December 2007

Mayor Hershberger Thun noted the reductions in overall citations as well as criminal activity.

A motion was made by Mayor Hershberger Thun, seconded by Councilmember Tieden, to accept the Carver County Sheriff Reports for December 2007. With all members voting in favor, the motion carried. Vote: 4 Ayes, 0 Nays.

Councilmember Paulsen discussed the value of gathering the title and survey work so that the City does not continually have to spend money duplicating these services.

A motion was made by Councilmember Paulsen, seconded by Councilmember Amundsen, to approve Agenda Statement No. 08-22. With all members voting in favor, the motion carried. Vote: 4 Ayes, 0 Nays.
 

(4) VISITORS PRESENTATION:

Sheriff Olson discussed the contracting model of law enforcement services. He also congratulated Deputy Boeder on his promotion to Corporal.

Sheriff Olson introduced Josh Baker and Matt Beck as two new deputies who will assist with the evening shift in Victoria.

A motion was made by Councilmember Paulsen, seconded by Councilmember Tieden, to recess the regular Council meeting and convene the meeting of the Economic Development Authority at 6:50 p.m. With all members voting in favor, the motion carried. Vote: 4 Ayes, 0 Nays.

A motion was made by Councilmember Amundsen, seconded by Councilmember Paulsen, to adjourn the Economic Development Authority meeting and reconvene the regular Council meeting at 7:12 p.m. With all members voting in favor, the motion carried. Vote: 4 Ayes, 0 Nays.
 

(5) OPEN FORUM:

Gary Feiker, Wensman Condominiums, stated he has been unable to protect his home from noise problems. He believes City ordinances appear to be in violation of sections of State law. He indicated he has written the Mayor about this issue as well, but no action has been taken. Mr. Feiker served public notice that he intends to file a civil suit in the 8^th District Court as the City of Victoria as defendant stated that U.S.C. Chapter 64 Section 4911. He gave notice that no earlier than 60 days from this date, a civil action will be filed.

Mr. Norton stated this appears to be a threat of litigation, and he has no problems letting the Council know what the City is doing about the concerns. As a general matter, it takes time to review and amend ordinances if appropriate.

Mr. Sarvi reported that the staff has talked with Corporal Boeder and the rest of the staff, and he has also discussed the statutes in question with Mr. Norton. He stated Ms. Perera has been working on the issue for the last couple of weeks, and staff is also investigating purchasing a decibel meter jointly with the City of Waconia. He indicated the staff will continue to work on it and update the ordinance to make it compliant with State statute.

Mr. Feiker also noted it is illegal to alter a motorcycle after it has been sold, and he believes that is being done within the City limits.

Mr. Norton advised that staff should continue on the current path, and he believes the Courts will provide the City with a reasonable opportunity to exercise its discretion. He advised that the staff will continue working on trying to resolve this in a reasonable fashion. He believes the Council should be mindful of a threat of litigation, but Victoria is a small City and staff time is not unlimited.

Mr. Feiker commented that the noise comes from a facility that has live band music as late as 12:40 a.m. He stated he is willing to hold off from filing his suit as long as reasonable action is being taken.

The Council noted the enforcement of the majority of City ordinances is complaint-based.
 

None.
 

Ms. Kreft provided the staff report.

Kevin Arnal, 6739 Iris Road, thanked City staff and the Council for working on this issue and listening to the concerns of the neighborhood. He expressed support for the solution.

A motion was made by Councilmember Paulsen, seconded by Councilmember Tieden, to approve Resolution No. 08-10 a Resolution Approving the Request by Metropolitan Council for a Conditional Use Permit to Allow for the Construction of a Publicly Owned Building (Odor Control Facility) at South Lake Virginia Shores Park. With all members voting in favor, the motion carried. Vote: 4 Ayes, 0 Nays.

Ms. Geheren presented the staff report.

Mr. Sarvi asked for a neighborhood meeting around February 19, 2008, to inform residents of what will happen with the mill and overlay.

A motion was made by Councilmember Amundsen, seconded by Councilmember Tieden, to approve Resolution No. 08-11, a Resolution Receiving and Accepting the Feasibility Report for Park Drive and Ordering Improvement and Preparation of Plans and Specifications as part of the 2008 Street, Drainage, and Utility Improvements, with the addition of a public hearing to the time table. With all members voting in favor, the motion carried. Vote: 4 Ayes, 0 Nays.

Ms. Geheren presented the staff report and discussed the unique challenges of the various components of the project. She discussed the high assessment per unit and the fact that there are 16 homes on a private street in the neighborhood that will also be assessed.

The Council and staff discussed the City’s investment into this project, the easements necessary for the project, the City’s 2008 CIP budget, the residents’ feedback at the neighborhood meeting, the importance of obtaining further resident feedback, the number of no parking signs in the neighborhood, and the cost estimate to look at the easement and right-of-way issues in the neighborhood.

Mr. Sarvi recommended getting a cost estimate regarding easements and right-of-ways, followed by another neighborhood meeting.

Corporal Boder commented he is committed to working with Public Works, Planning, and the Sheriff’s office regarding the no parking signs.

A motion was made by Councilmember Amundsen, seconded by Councilmember Paulsen, to approve Resolution No. 08-12, a Resolution Receiving and Accepting the Feasibility Report for Baycliffe Drive Neighborhood Area and Calling for Hearing on Improvements. With all members voting in favor, the motion carried. Vote: 4 Ayes, 0 Nays.

Mayor Hershberger Thun recessed the Council meeting at 8:28 p.m. The meeting reconvened at 8:32 p.m.
 

None.
 

-A- City of Victoria 2008 Strategic Goals Workshop

Mr. Sarvi reported on the themes identified during the strategic goals workshop on January 5; he noted staff will bring back additional summary and bullet points at one of the February Council meetings.

A motion was made by Councilmember Paulsen, seconded by Councilmember Tieden, to approve the themes as outlined in the Agenda Statement No. 08-23. With all members voting in favor, the motion carried. Vote: 4 Ayes, 0 Nays.

Mr. Sarvi also indicated he will be on vacation next week but will be available via email and cell phone.

Mr. Norton noted he has distributed a memo to the Council regarding the agreement with ISD 112.

Councilmember Amundsen reported that the League of Minnesota Cities newsletter discusses the issue of mutual aid agreements as well as best value contracting.

Mayor Hershberger Thun stated she met with Craig Peterson, Victoria’s new representative to the Met Council, along with Ms. Kreft, and Mr. Sarvi regarding a future meeting with the Council.
 

None.
 

None.
 

A motion was made by Councilmember Tieden, seconded by Councilmember Paulsen, to adjourn the meeting at 8:46 p.m. With all members voting in favor, the motion carried. Vote: 4 Ayes, 0 Nays.
 

Respectfully submitted,

Allison Burr
TimeSaver Off Site Secretarial, Inc.