City Council Minutes

Pursuant to due call and posted notice thereof, the City Council Workshop of the Victoria City Council was called to order at 5:00 p.m. by Mayor Hershberger Thun in the Council Chambers at 7951 Rose.

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

Absent: None.

Staff Present: Don Uram, City Administrator; Holly Kreft, Community Development Director; Cara Geheren, City Engineer; Mike Norton, City Attorney and Ann Mahnke, Public Works Director.

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

Ms. Kreft provided an update of the Minnehaha Creek Watershed District programs. She said the presentation will include the land conservation program, capital improvement program, Minnehaha Creek Watershed District lakes TMDL, regulatory program, public participation and governance, finance and budgeting.

Ms. Kreft explained the purpose and intent of the land conservation program.

Ms. Kreft showed a map of the key conservation areas. She said the area in green is the key conservation areas which are significant portions of the city. The purple hatched area is the metro conservation corridors.

Ms. Kreft referred to the Marsh-Wassermann Corridor Plan and noted there is a letter in the packet that clarified that the plan was mislabeled and the intent was to have a study to review development scenarios. She said in 2003 the city did a master plan for the south side annexation area. In 2004 an alternative urban area wide review was done as well as the comprehensive plan amendment to the 2020 comprehensive plan. Ms. Kreft said the blue and green areas on the 2004 comprehensive plan amendment future land use map are meant to be preserved.

Ms. Kreft explained that the Minnehaha Creek Watershed District is looking at purchasing parcels. She said that portions would be placed into permanent conservation and upland would be sold off for development potentially with restrictions. She noted that appraisals have been completed for two parcels and negotiations are ongoing.

Ms. Kreft showed the map of the southwest regional trail alignment.

Ms. Kreft reviewed scenario 3 which is the study that has been recommended as an option. She noted the district board has not approved the study. The areas in green are proposed to be preserved and the areas in yellow are proposed to be developed.

Mr. Uram asked what the calculations are on open space. Ms. Geheren stated the green area is about 90 acres and the total acreage of the four parcels is approximately 170. Councilmember O'Connor clarified that with the city's approach the total is also 170. Ms. Kreft noted that this does not include parkland dedication.

Mayor Hershberger Thun asked about the approval. Ms. Kreft said that the Minnehaha Creek Watershed District staff indicated they would work with the city to extend the sewer. She said a permit would still be needed from the city and the City Council would still need to approve everything.

Councilmember O'Connor asked about the assessment. Ms. Kreft explained that the city pays for the over-sizing cost and the developer pays for the base cost. She noted that benefit would have to be shown to the person assessed.

Councilmember Paulsen commented on the Minnehaha Creek Watershed District never talking about development costs in the study. Mr. Uram said if they do pursue development more would have to be done on the financial side.

Councilmember Amundsen asked if a copy of the records for the recent transactions has been published. Ms. Kreft said no. Councilmember Amundsen said the district bought land in Minnetrista and Minnetonka and that process should be compared. Councilmember O'Connor asked about the size of the land in Minnetrista. Ms. Kreft said it was less than 10 acres. Mr. Uram said the property in Minnetonka was around $1.1 million.

Councilmember Paulsen asked about the response of the Minnehaha Creek Watershed District wanting to purchase land. Ms. Kreft said that part of their program is to protect habitat and preserve water quality. Councilmember O'Connor said the city has the same objective. He stated there is so much unknown.

Councilmember Roden commented on the number of impaired waters in the City of Victoria. She said she would rather see the Minnehaha Creek Watershed District spending money to deal with the phosphorus and pollution in all the lakes. She questioned why they can't work cooperatively on things than can make an impact on water rather than getting in the land business.

Mr. Norton asked which parcels have been purchased. Mr. Uram said none, there have been two appraisals.

Ms. Geheren talked about the capital improvement program. She said in the 2007 Minnehaha Creek Watershed District water resources management plan the total capital project costs was about $7.4 million.

Ms. Geheren showed phase I and phase II of the Wasserman Lake wetland restoration project.

Ms. Geheren stated a feasibility study was recently completed and the estimated cost is $624,000 which would result in a reduction of about 20lbs of phosphorus.

Ms. Geheren reviewed the Minnehaha Creek Watershed District lakes total maximum daily load study. She explained the City of Victoria has nine lakes that are currently listed as impaired or polluted. She said the three impaired lakes included in the study are: Parley Lake, Wassermann Lake and Lake Virginia.

Ms. Geheren referred to the map and said the area in pink is where phosphorus reduction is needed. She said 470lbs of phosphorus reduction is needed per year. She noted the majority of the reduction is needed in the amount of phosphorus already in the lake. Ms. Geheren explained that the project identified would only get rid of 19lbs per year. She stated the phosphorus already in the lake must be addressed to clean up the lake.

Councilmember Roden asked if part of the problem is sharing information. Ms. Geheren said the programs are separate with separate goals.

Councilmember Roden said she thinks it looks like it is a developer in search of cash to develop property at a faster pace. She stated it looks like a market place transaction that is dressed up as a conservation project. Councilmember Roden said she is very uncomfortable with this as a tax payer and doesn't want money in that business.

Ms. Kreft provided an update on the regulatory program. She said there are three rules that are left to be updated by the board. She noted the increased buffer widths are still on the table. Ms. Kreft explained Rule F is the Shoreline Stabilization. She said there would be significant impacts to lakeshore homeowners and a permit would be required for any vegetation removal. Councilmember Roden clarified that the DNR already does this. Ms. Kreft said yes, the district rules would be another layer. Councilmember Roden questioned why the same thing needs to be done with another governmental agency. She asked who pays for it. Ms. Kreft noted that Rule F would not deal with in-lake. She said the permit for tree removal would also be duplicated.

Ms. Kreft explained Rule N is the Stormwater Management. She said at this point the rule will not have any impact to linear projects. She noted the district is reviewing if there would be impacts to single-family homes. Ms. Kreft stated the district board has indicated that they do not want to regulate single-family homes but would offer incentive programs.

Ms. Geheren talked about the need for improved communication.

Mr. Uram reviewed the structure of the district budget general fund and management planning fund. He noted the amount from Victoria in 2009 was about $170,000. He said the bulk of the funding comes from Hennepin County.

Mr. Uram provided a summary of the joint meeting. He said there are two items on the agenda; the mutual effort for protection of the natural resources and the second is to improve stakeholder communications. He stated the district has requested that a facilitator be hired to manage the meeting. Mayor Hershberger Thun noted the district would pay for the facilitator. Councilmember Roden said it sounds like a feel good meeting. She said she doesn't see how that meeting will answer her six questions. Councilmember Roden said a useful meeting would be one with the elected officials submitting questions in advance. She stated she expected an outcome from the meeting. She said they should not avoid dealing with the conflict and issues and everything should be on the record.

Councilmember O'Connor asked if there would be a potential resolution reached with the land conservation. Mr. Uram said they would work cooperatively and try to reach a consensus.

Mayor Hershberger Thun stated she is not supportive of this meeting and never have been. She said she thinks the questions should be given to Mr. Uram and the board should provide answers. She said it needs to be clearly stated that the City Council wants answers to their questions.

Mayor Hershberger Thun said the feeling of the Minnehaha Creek Watershed District is that they have the right to acquire land. She said they believe they can offer additional resources.

Mayor Hershberger Thun said the council members don't need to meet on a communications plan and that subject should be between staff.

Mayor Hershberger Thun stated she is not interested in a battle with two public bodies.

Mr. Uram said there is a concern about land acquisition in the City of Victoria and they need to have the discussion on how to move forward.

Councilmember O'Connor stated just because the district has the right to buy land doesn't mean they should do it.

Councilmember Paulsen commented on the boards meetings. He said they are not on cable and there is no local press coverage.

The City Council discussed what they want to get out of the meeting. They said questions should be submitted from both the City Council and the Minnehaha Creek Watershed District Board and then a meeting should be scheduled.
 

The workshop adjourned at 6:32 p.m.

Respectfully submitted,

Tanya Schmieg
Recording Secretary
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