City Council Minutes

Pursuant to due call and posted notice thereof, the regular meeting of the Victoria City Council was called to order at 6:30 p.m. by Mayor Hershberger Thun in the Council Chambers at 7951 Rose.

Members Present: Mayor Mary Hershberger Thun; Councilmembers: Tim Amundsen, Tom O'Connor and Jim Paulsen.

Absent: Councilmember Kim Roden.

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

Others Present: Sue Orsen, Victoria Gazette; Unsie Zuege, The Chanhassen Villager and others.
 

Mr. Uram removed item 11.B, which will no longer be under consideration. Mr. Uram added a Highway 5 update under his reports.

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

(3) OPEN FORUM:

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(4) VISITORS PRESENTATION:

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Councilmember O'Connor removed B.

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

Councilmember O'Connor commented on the first bullet point and asked if what is being implemented is understood. He said he is looking for some comfort and understanding with the direction of the policy. He also questioned the flexibility as a partner. Ms. Geheren stated that her exposure has been through the City Engineers Association of Minnesota who has been actively working as a partner with MnDOT and based on the information she has received from them she is comfortable with the city moving forward. She noted they have also talked about incorporating this into the subdivision ordinances as well. Ms. Geheren said she sees the local impacts being on reconstruction of state aid roads.

Councilmember Amundsen stated he would like to see a contrasting opinion from their representatives.

Councilmember O'Connor said this seems a bit one sided.

Mayor Hershberger Thun said it is her understanding that Commissioner Sorel completely supports this. She clarified that this is a support statement and is not meant to be a funding source.

A motion was made by Councilmember O'Connor, to Table Resolution in support of a MnDOT Complete Streets Policy until they have a broader array of input as to the benefits and the potential downside in supporting this resolution. The motion was seconded. With all members voting in favor, the motion carried. Vote: 4 Ayes, 0 Nays.
 

A motion was made by Councilmember O'Connor, to Approve the January 25, 2010 Claims Roster in the amount of $556,261.94. The motion was seconded. With all members voting in favor, the motion carried. Vote: 4 Ayes, 0 Nays.

Mayor Hershberger Thun said this is for information only.
 

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Ms. Geheren explained that there are four different neighborhoods in the 2010 Street Reconstruction projects. Auburn Neighborhood is the second of the four to be presented. The feasibility report includes three different types of improvement. The first is street improvements to an existing gravel road. Ms. Geheren said the report recommends improving the streets to a 24-foot wide street, which would result in a one side only parking restriction. Storm sewer would be included in the project. Ms. Geheren explained the next improvement studied was the extension of watermain and hydrants to the neighborhood. She noted the most cost effective time to install water is with a street reconstruction. Ms. Geheren said the third improvement is sanitary sewer. She noted the existing system was built in the mid 80's. She stated the city is responsible for all of the operation and maintenance of the full system.

Ms. Geheren stated the overall total project costs would be about $1.25 million. The total city share would be $853,548 and the assessments would be approximately $19,984 per unit. She noted that if the project moves forward there is a potential that the costs would decrease. Ms. Geheren reviewed the breakdown of the costs by improvement type.

Ms. Geheren said they will be looking at the frontage road to see if the costs can be reduced.

Ms. Geheren stated a neighborhood meeting was held with the Auburn neighborhood residents on January 7, 2010. She said the general discussion received back was an acknowledgement by the residents that the streets are in poor condition and do require some improvement. She noted there was support both for and against the project. Ms. Geheren said the neighborhood meeting was held the day a fire occurred at a home in the neighborhood so when they talked about the watermain and fire hydrants there wasn't any opposition.

Ms. Geheren reviewed the timeline and said a public hearing would be held at the February 22^nd City Council. She said if approved, construction would start late June with a completion in August 2011. She noted the final assessment hearing would be in October 2011 so the residents wouldn't be seeing an assessment until 2012.

Councilmember O'Connor asked about the potential change with stormwater runoff. Ms. Geheren said the current draft rule would not impact the cost of the improvement.

Ms. Geheren said she talked about water quality improvements as part of the project and said this might be a good project for some potential grant money for Lake Auburn.

Councilmember O'Connor asked about the opinion of the fire department on the road access. Ms. Geheren said she typically doesn't do that until they get in to the design. Councilmember O'Connor stated it would be extremely valuable to have Chief Walsh's opinion early on in the process.

Ms. Geheren noted they will also be contacting utility companies about the access.

Councilmember Amundsen stated he is concerned about the north end. He commented on the gravel roads having significant problems due to the ice.

Ms. Geheren said the access on to Highway 5 is extremely challenging because of the grades.

Councilmember Amundsen commented on MnDOT having two access points that close together. Ms. Geheren said she thinks MnDOT would like that secondary access to be removed.

A motion was made by Councilmember O'Connor, to Approve Agenda Statement No. 10-16, 2010 Street, Drainage and Utility Improvements Auburn Neighborhood Resolution Receiving and Accepting Feasibility Report and Calling for Hearing on Improvements. The motion was seconded. With all members voting in favor, the motion carried. Vote: 4 Ayes, 0 Nays.
 

Mr. Uram said the City of Victoria is a member of the Lake Minnetonka Conservation District Board along with 13 other communities that front on to Lake Minnetonka. He said their Representative, Bill Olson has been the city's representative for the past two years and his term is up this year. Mr. Uram stated that earlier tonight two candidates were interviewed. He said it is his understanding that the City Council would like to reappoint Bill Olson to a three-year term, which would begin February 1^st.

A motion was made by Councilmember Paulsen, to Appoint Bill Olson to serve as Victoria's Representative on the LMCD. The motion was seconded. With all members voting in favor, the motion carried. Vote: 4 Ayes, 0 Nays.

Ms. Geheren said she attended a technical committee meeting on the Highway 5 project. She said the overall project, which involves the mill and overlay from Highway 41 through the bridge in Victoria, is moving forward. She said it looks like funding will be secured for the four different types of projects submitted for that corridor. Ms. Geheren said the projects include the mill and overlay which includes correcting the soil settlement area, turn lane improvements to Park Drive, bridge replacement and improvements to the intersection and shoulder of Minnewashta along with the underpass at that intersection. Ms. Geheren stated they are targeting 2012 for the construction. She noted that Carver County is moving forward with improvements to the south side of Bavaria Road. She said they are hoping to have a construction layout for the project in July.

Ms. Geheren stated the engineers from Chanhassen, Waconia, Victoria and the County focused on what the next steps need to be for four lanes on Highway 5. She said the next step would be an environmental assessment from Highway 41 through Waconia. She noted they will also be looking at prioritizing some segments.

Mayor Hershberger Thun asked about the intersection of Highway 13 and Rolling Acres Road. Ms. Geheren said only on the south side would be improved. She said the problem with the north side is in order to fix the problem a double left turn lane is needed. Mayor Hershberger Thun stated the north side of the intersection really does need to be discussed. Councilmember Paulsen asked about getting the right-of-way. Ms. Geheren said the environmental assessment needs to be done before they officially map the corridor.

Mayor Hershberger Thun stated that assurances need to be made early on with how traffic is going to get into Victoria. Ms. Geheren said that MnDOT brought that up and asked for contact information for the business community. She noted they have already talked about staging and routes and the importance of access to the local businesses.

Councilmember O'Connor asked what the total construction time is. Ms. Geheren said the whole construction season of 2012. She said there will be two segments; the bridge closure and the soil correction area.

Ms. Geheren said the next Highway 5 meeting will be late February or early March.

Mr. Uram said a tentative date for the joint meeting is March 3^rd from 7:00 p.m. to 9:00 p.m. at the Shorewood City Hall.

Ms. Kreft explained that staff put together recommendations of four items that would be focused on for the joint meeting. She noted they put them in order of importance.

1. Marsh – Wassermann Corridor Plan/Capital Improvement Projects.

Ms. Geheren reviewed the major issues and said the plans outlined do not result in significant water quality improvements.

Councilmember O'Connor stated they need to have high level, simple to understand, conceptual points.

Councilmember Paulsen asked if there is a science. Ms. Geheren said there is some science related to the phosphorus reduction, but it appears the focus on the District's part is on ecological habitat preservation.

Councilmember Amundsen said the City needs to know exactly what the District's goal is. Councilmember Amundsen questioned if there is a way to ecologically extend services and meet the conservation goals. Councilmember Paulsen requested that the Watershed District focus on the largest phosphorus concentrations first that is the 440 lbs that is internally generated phosphorus prior to the 19-20 lbs that they are currently proposing.

2. Total Maximum Daily Load (TMDL) for Wasserman Lake, Parley Lake and Lake Virginia

Ms. Geheren explained that the intent of the TMDL study determines what is causing the water quality standard not to be met. She said City Staff is asking that the District's 2007 plan be revisited and be consistent with the TMDL.

Councilmember Paulsen asked about the MS4 permit. Ms. Geheren said in the TMDL they only have to get rid of 24 pounds of phosphorus per year and they already are. She explained that still leaves a 470-pound per year reduction that is needed.

Mayor Hershberger Thun asked Ms. Geheren if they have talked to Carver County on how they have done their TMDL. Ms. Geheren said they are participating in this process.

3. Public Participation/Governance

Ms. Kreft said there seems to be poor communication with very little public input. Mayor Hershberger Thun suggested that on the preferred outcome they not only need to talk about what should be done in the future but what they should do with this topic right here, right now.

Councilmember O'Connor asked about the responsibility or the right to be involved in land planning.

Mayor Hershberger Thun said the District needs to specifically say what the item on the agenda is about. Ms. Geheren commented on getting the District's Board packet publically available.

Councilmember Paulsen clarified that the District is subject to the open meeting laws. Ms. Kreft noted that not all of the Board meetings are publicly noticed on the website. Mr. Uram said the City is not in position to comment on how the District manages their data practices.

4. Draft Rules D, F and N

Ms. Kreft explained Rule D is the wetland protection; and Rule F is the shoreline and streambank stabilization. She said that Rule N is currently in draft form. She noted the district is considering reducing the threshold below one acre and regulating single-family homes. She stated the outcome preferred by the City is that the rules should not be expanded to have major impacts to single family homes.

Councilmember Paulsen said it would seem they want to say to the district that they want to be in the clean water business economically. Councilmember O'Connor commented on working together.

Councilmember Amundsen said he would like to add the fiduciary responsibility to the agenda items for the joint meeting.

The City Council talked about who should attend the joint meeting.

Mayor Hershberger Thun asked about a date for the Council workshop. Ms. Geheren and Ms. Kreft suggested February 22^nd.

Mr. Uram reported that the Victoria Spirit was mailed out. Ms. Kreft said a marketing brochure was also enclosed.

Councilmember Paulsen said that it has come to his attention that there is no sign that points to Victoria from the new 212.

Councilmember Amundsen commented on the unallotment decision and the city having an opinion.

Mayor Hershberger Thun said the next ACCEL meeting is on February 4^th. Councilmember O'Connor said he would tentatively accept going on February 4^th.

Mayor Hershberger Thun said the fishing contest is February 7, 2010.

Mayor Hershberger Thun said the Metropolitan Council sent out a letter on the sewer interceptor project.
 

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A motion was made by Councilmember O'Connor, to adjourn the meeting at 7:59 p.m. The motion was seconded. With all members voting in favor, the motion carried. Vote: 4 Ayes, 0 Nays.

Respectfully submitted,

Tanya Schmieg
TimeSaver Off Site Secretarial, Inc.