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, Jim Paulsen, Kim Roden and Rick Tieden.

Absent: None.

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

Others Present: Terry Hartman, Business Development Committee; Sue Orsen, The Victoria Gazette, Unsie Zuege, The Chanhassen Villager and others.
 

Mr. Sarvi added 9.d. an update to the Highway 7 proposed trail.

A motion was made by Councilmember Paulsen, seconded by Councilmember Roden, to adopt the Agenda as revised above. With all members voting in favor, the motion carried. Vote: 5 Ayes, 0 Nays.

Mayor Hershberger Thun moved the visitor’s presentation before the consent agenda.
 

(4) VISITORS PRESENTATION:

-A- Bob Roepke Carver County Elected Leadership Program

Bob Roepke talked about the handout provided and said they are asking for one or two representatives to participate in monthly meetings to work together on the leadership program.

Councilmember Roden suggested meeting on Saturday mornings. She also said there should be more training opportunities for citizens.

Councilmember Paulsen talked about individual leaders getting their sense of community to extend beyond their boundaries.

Councilmember Amundsen asked about the successes with scale programming. Mr. Roepke said they have done some sharing of resources among government. Scott County also established a joint training facility. Councilmember Amundsen commented on transportation.
 

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

The Consent items were as follows:

Minutes of the February 28, 2008 City Council Meeting
Minutes of the March 4, 2008 Planning Commission Meeting
Carver County Sheriff Reports for February 2008
Payment of Bills $250,530.41

-A- Performance Agreements with Standing Room Only, FireSpice and Sounds of Hope for the Field House Anniversary and Concerts in the Parks Series

1. Agenda Statement No. 08-65
2. Exhibits
3. Resolution No. 08-30

-B- License Agreement for Volunteer Mike Poppitz with the City of Victoria

1. Agenda Statement No. 08-66
2. Exhibits

-C- Authorization for Community Development Director to Participate on Statewide Local Advisory Committee for Shoreland Rules Update

1. Agenda Statement No. 08-67
2. Exhibits

-D- Update on Chaevalle Conservation Easement

1. Agenda Statement No. 08-68

-E- Authorization of City Staff to Determine Completeness for Applications per Statute 15.99

1. Agenda Statement No. 08-69
2. Resolution No. 08-31

-F- Financial Reports for the month-ending January 31, 2008

1. Agenda Statement No. 08-70
2. Exhibits

-G- Adopt Resolution No. 08-32 to provide Workers Compensation Coverage for City Council Members

1. Agenda Statement No. 08-71
2. Exhibits
3. Resolution No. 08-32

-H- Smithtown Road Street, Drainage and Utility Improvements ~ Change Order No. 10

1. Agenda Statement No. 08-72
2. Exhibits

-I- Smithtown Road Street, Drainage and Utility Improvements ~ Pay Request No. 8

1. Agenda Statement No. 08-73
2. Exhibits

A motion was made by Councilmember Tieden, seconded by Councilmember Roden, to adopt the Consent Agenda as amended. With all members voting in favor, the motion carried. Vote: 5 Ayes, 0 Nays.

-B- License Agreement for Volunteer Mike Poppitz with the City of Victoria

Councilmember Amundsen questioned the reasoning of this. Mr. Sarvi explained that Mike Poppitz has been a volunteer for the city for many years. He said they are trying to formalize an agreement which would also provide coverage if he is injured. Councilmember Amundsen stated they appreciate the effort and recognize the tremendous job Mr. Poppitz has done on the fields.

A motion was made by Councilmember Amundsen, seconded by Councilmember Paulsen, to Approve the License Agreement for Volunteer Mike Poppitz with the City of Victoria. With all members voting in favor, the motion carried. Vote: 5 Ayes, 0 Nays.

-C- Authorization for Community Development Director to Participate on Statewide Local Advisory Committee for Shoreland Rules Update

Mayor Hershberger Thun clarified that this is something that the State has asked Ms. Kreft to participate in and thanked her.

A motion was made by Mayor Hershberger Thun, seconded by Councilmember Tieden, to Approve the Authorization for Community Development Director to Participate on Statewide Local Advisory Committee for Shoreland Rules Update. With all members voting in favor, the motion carried. Vote: 5 Ayes, 0 Nays.

Councilmember Roden asked for an update on the conservation easement. Ms. Kreft said they have met with the developer and they have indicated that they are interested in developing this parcel. She noted it is annexed and zoned agricultural and guided as low density residential.

Councilmember Paulsen talked about the concern with the horse ponds. He stated he doesn’t think it is a good idea to put this at the entrance of the only golf course they have in the town. Ms. Kreft said they still have zoning control.

Councilmember Amundsen commented on the process and said this is "bad form".
 

(5) OPEN FORUM:

None.
 

Mr. Sarvi explained the DNR is requiring cities to enforce conservation water measures. He noted not a lot has changed since the first reading.

Mayor Hershberger Thun commented on the publicity. Mr. Sarvi said the intent is to be informative at the beginning.

Mr. Sarvi talked about one of the difficulties being who will actually be doing the enforcing. He said they do have the community service officer, town officer and public works.

Councilmember Tieden asked about the rain sensors. Mr. Sarvi responded the DNR is requiring it. He said the intention is to not waste treated ground water on lawns.

Councilmember Paulsen commented on the conservation and capacity issues. He asked about the next permitting process and said he would like to get it started. Mr. Sarvi said the next well fields will be a different system. Ms. Geheren stated they are in the process of updating the comprehensive water plan.

Councilmember Amundsen stated the key to this is education. He said there should be a page on the website, postcard or public notice with information to the residents on how to get more education on this. He commented on the concern with changing the water rates as well. Councilmember Amundsen said people also need an opportunity to comment on them. Mr. Sarvi said the difference in this ordinance is the violation and citation. Councilmember Amundsen said another concern is the timing. He stated there is a lack of understanding. Mr. Sarvi said the newsletter will have information with links to resources. Councilmember Roden suggested pointing out how this is similar to adjacent cities.

Mayor Hershberger Thun opened up the public hearing at 7:10 p.m.

The public hearing will be continued to March 27, 2008.
 

Ms. Geheren presented the staff report. She explained that on 81^st Street they are looking at putting in the drive over curb because of the tight right-of-way and steep driveways. In the Victoria Circle neighborhood they had to reroute the storm sewer. Ms. Geheren provided pictures of the sewer line that needed to be replaced. She noted there will be a special meeting with the residents in this neighborhood. Councilmember Amundsen commented on not waiting to fix the sewer line.

Ms. Geheren reviewed the estimated costs. She explained that they will have to make a decision on whether to bond for the work or pay for it out of the fund balance.

Ms. Geheren talked about the parking sign plan and said that most of the people at the meeting were the ones with signs in their yard.

Councilmember Roden asked if on Park Drive the cost could be shared with the park district. Ms. Geheren responded that she does not have an answer on that yet. Mr. Norton said it would be a policy decision. Councilmember Amundsen said they need to look at working together. Councilmember Roden asked that staff come back with a recommendation.

Councilmember Roden asked commented on 73^rd Street and said that the neighbors asked for an overlay. Ms. Geheren said they are doing it as part of this one.

The City Council discussed the no parking signs. Mr. Sarvi noted this will be coming back at the next meeting. He said this is coming from the fire department and it is state fire code. Mayor Hershberger Thun suggested that they have all the information to make a decision. Councilmember Roden recommended having one sign when you come into a neighborhood.

A motion was made by Councilmember Roden, seconded by Councilmember Paulsen, to Approve Resolution No. 08-33 approving the construction plans and specifications and ordering advertisement for bids for the 2008 Street, Drainage and Utility Improvements. With all members voting in favor, the motion carried. Vote: 5 Ayes, 0 Nays.
 

Ms. Kreft reviewed the staff report. She noted that most of the sidewalks are 10 feet in width. Ms. Kreft talked about the private versus public differences.

Mr. Norton explained the liquor license for outside uses.

Councilmember Roden asked if there were any concerns with the "downtown feel". Ms. Kreft said there are only two right now. Mr. Norton stated there would be limitations on how many facilities would exist.

Councilmember Roden commented on the noise from the condos.

Mayor Hershberger Thun asked about the percentage method brought up by the Planning Commission. Ms. Kreft said that there would be a lot of staff time in that.

Mayor Hershberger Thun asked about the umbrellas. Ms. Kreft said that can be addressed in the ordinance permit for use of public right-of-way.
 

-A- Update on 13.5 Acres

Mr. Sarvi showed the new site plan submitted by the proposed developer. He said there is a meeting with the grocers on the 19^th. Mr. Sarvi stated the attorney is also working on the term sheet.

Councilmember Amundsen commented on the road alignment and asked about the monetary contributions needed from the city. Mr. Sarvi said it would not be a state aid road. He noted it is an architectural drawing. Ms. Geheren said she thinks it is buildable.

Staff and the City Council discussed the other impacted properties not in the drawing.

Councilmember Paulsen talked about the term sheet and understanding the economics. He commented on the users and said that they should continue to say come to Victoria.

Mr. Norton said once there is an understanding on the economics staff and the attorney could be directed to prepare a developer’s agreement with other contingencies. Councilmember Paulsen said the Business Development Committee recommended an option agreement. Mr. Norton stated his recommendation is a developer’s agreement and he also said that they would not immediately close on the land. The agreement would have a series of dates. The type of agreement was discussed. Councilmember Paulsen said they should wait until after the 20^th and post a meeting. Councilmember Amundsen asked for it to be put in easier terms. Mayor Hershberger Thun clarified that staff will post the meeting date.

Mr. Sarvi said there is nothing new. They are waiting for their architect. The title work and surveys are in process. Mr. Norton noted they do have a legal description.

Mr. Sarvi reported the right-of-way permit came in and the next phase is the demolition permit.

Mr. Sarvi said they were asked to provide an estimate for a trail that would run along Smithtown Road to the LRT and the cost is approximately $807,000. He noted there would be a bridge over the Lake Virginia area and a retaining wall. Mr. Sarvi advised the City Council to refer this project back to the Park Committee. It was noted that the City Council is not considering this.

Mr. Norton talked about the data practices with regards to addresses, phone numbers and email addresses of volunteer boards and commissions. He said that information is considered private data. He noted that elected officials data is public. Mr. Norton said they need to think about how to contact these members and possibly designate a public address. Councilmember Amundsen said there is a liaison to each of the committees and said they need to organize the existing format.

Councilmember Roden commented on the open meeting law.

Councilmember Roden requested that the memos with tax levies and rates just have one paragraph as to what the analysis was.

Councilmember Paulsen suggested expanding the Park and Recreation Commission.

Councilmember Paulsen talked about the bond issues and not being able to get the list of individuals buying these bonds. He recommended having a lender appreciation day to thank them.

Councilmember Tieden questioned the current police traffic activity. He talked about having a squad car sitting in the middle of the roundabout. Mr. Sarvi said they should not have been parked there and he will speak to them.

Councilmember Amundsen stated that people have the right to have opinions and people of the community should not be offended.

Mayor Hershberger Thun asked staff to provide the City Council with the Carver County public health brochure.

Mayor Hershberger Thun talked about the Beacon Council promoted by District 112. She said they are looking for a representative to promote diversity. Councilmember Roden suggested appointing a citizen. Mayor Hershberger Thun asked that if anyone is interested to contact District 112 at 952-556-5211.

Mayor Hershberger Thun commented on getting the youth involved in the community and said that facebook is how you get people to attend meetings.

Mayor Hershberger Thun provided a copy of the MN budget forecast. She said it will probably be 2009, 2010 before they start seeing some recovery.

Mayor Hershberger Thun attended a discussion with other Mayors of the surrounding areas. She said the auditors department went through a lengthy discussion. She provided copies. Councilmember Roden said to look in the mail at the 2009 assessment and to pay attention to the date. She recommended that citizens work through the assessor’s office.

Mayor Hershberger Thun provided a summary of the transportation bill. Mr. Sarvi noted that part of the budget shortfall will be reflected in levy limits and grant limits.
 

None.
 

None.
 

A motion was made by Councilmember Amundsen, seconded by Councilmember Tieden, to adjourn the meeting at 8:40 p.m. With all members voting in favor, the motion carried. Vote: 5 Ayes, 0 Nays.

Respectfully submitted,

Tanya Schmieg
TimeSaver Off Site Secretarial, Inc.