City Council Minutes

Pursuant to due call and posted notice thereof, the regular meeting of the Victoria City Council

was called to order at 6:35 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 Linda Thompson, visiting City Attorney.

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

Mr. Sarvi stated there is an amended agenda and added under 3.A. Resolution No. 08-39, 3.B. Resolution No. 08-40, 3.L. Accept a $500 Donation from Community Living, Inc., to the Victoria Fire Department, 3.M. Accept a $150 Donation from Xcel Energy to the Victoria Senior Commission and under 9.A. Impacts on Demolishing City Owned Buildings in the CBD.

A motion was made by Councilmember Amundsen, 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 read aloud the items to be considered under the Consent Agenda.

The Consent items were as follows:

Minutes of the March 13, 2008 City Council Meeting
Payment of Bills $284,350.07

-A- License Agreement for Fitness Personal Trainer Tim May with the City of Victoria

1. Agenda Statement No. 08-77
2. Exhibits
3. Resolution No. 08-39

-B- License Agreement for Lynch Camps with the City of Victoria

1. Agenda Statement No. 08-78
2. Exhibits
3. Resolution No. 08-40

-C- Performance Agreement with Splatter Sisters for the Concerts in the Park Series

1. Agenda Statement No. 08-79
2. Exhibits
3. Resolution No. 08-34

-D- Amendments to Rhapsody Development Agreement and Krey Lakes Water Main Agreement

1. Agenda Statement No. 08-80
2. Exhibits

-E- Review of Wall Signage for Digger’s Polaris (1400 Stieger Lake Lane)

1. Agenda Statement No. 08-81
2. Exhibits

-F- Lions Community Park Improvement – Batting Cage Surface

1. Agenda Statement No. 08-82
2. Exhibits

-G- Field House Membership Summary and Daily Usage Report

1. Agenda Statement No. 08-83
2. Exhibits

-H- Summer Field House Ice Arena Operations

1. Agenda Statement No. 08-84
2. Exhibits

-I- Financial Reports for the month-ending February 29, 2008

1. Agenda Statement No. 08-85
2. Exhibits

-J- Approve Finance Committee’s Fiscal Year 2008 Work Plan

1. Agenda Statement No. 08-86
2. Exhibits

-K- Approve Terms and Conditions for Issuance of Conduit Debt

1. Agenda Statement No. 08-87
2. Exhibits

-L- Accept a $500 Donation from Community Living, Inc. to the Victoria Fire Department

1. Agenda Statement No. 08-93
2. Exhibits
3. Resolution No. 08-37

-M- Accept a $150 Donation from Xcel Energy to the Victoria Senior Commission

1. Agenda Statement No. 08-94
2. Exhibits
3. Resolution No. 08-38

A motion was made by Councilmember Paulsen, 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.

Councilmember Roden corrected page 4, second paragraph to read: Councilmember Paulsen talked about the concern with the horse barns.

Councilmember Roden corrected page 5, second to last paragraph to read: Councilmember Roden asked about 73^rd Street and said that the neighbors asked for an overlay.

A motion was made by Councilmember Roden, seconded by Councilmember Paulsen, to approve the Minutes of the March 13, 2008 City Council Meeting as amended. With all members voting in favor, the motion carried. Vote: 5 Ayes, 0 Nays.

Councilmember Paulsen asked about the strategic initiatives. He said he is concerned with the level of stress tests. Ms. Johnson said they will be looking at this the end of April as they start to get ready for the budget process. Mayor Hershberger Thun noted that she also asked for thoughts on revenue to be added to the goals and objectives, which were not reflected. Mr. Sarvi said they can work on something specific and insert it. Councilmember Paulsen commented on the high fixed costs and the tough decisions ahead if builders stop.

A motion was made by Councilmember Paulsen, seconded by Councilmember Roden, to approve Finance Committee’s Fiscal Year 2008 Work Plan as amended. With all members voting in favor, the motion carried. Vote: 5 Ayes, 0 Nays.
 

(4) VISITORS PRESENTATION:

None.
 

(5) OPEN FORUM:

Keith Geske, 1723 Green Crest Drive, said they had their monthly townhome association meeting and a question came up again on the water rates. He explained that they have a two-inch line, which represents 29 individual homes. He said they are actually conserving by consolidating into one line coming in to service the sprinkler system. He said it is an absorbent about to be raising the water. They have nine months that they use nothing but will still have to pay a quarterly minimum charge. Mr. Geske stated it is not fair to raise the rates that much. He said they do have a sensor and are trying to conserve. Mr. Geske commented on the watering of the ball fields. He asked that the costs be reconsidered. Councilmember Amundsen said they need to look at the facts and get information on the city’s watering. Mayor Hershberger Thun noted there is a provision dealing specifically with the ball fields.
 

Mayor Hershberger Thun stated this was a continuation of the February 28, 2008 meeting.

Councilmember Paulsen questioned the fundamental fairness and said what if the townhome association had a splitter. Ms. Johnson said it is based strictly on consumption.

Councilmember Amundsen asked about the charge for the months the water is not being used. Ms. Johnson explained that there is still a minimum availability charge of $32 per month. She said they have to turn off the water in the street. Mr. Sarvi noted it is based on how much water flows through the pipe.

The reasons for the water rate increase were discussed.

Mayor Hershberger Thun stated that they need to be up front and put in any future information that beginning January 1, 2009 and for every year after the rates will be increasing by an additional 2%.

Ms. Johnson noted they are looking at what it would take and what resources would be needed to go to monthly billing.

Councilmember Amundsen commented on the letter from the DNR and making the appropriate adjustment.

Mr. Geske asked about putting in a well. Mr. Sarvi said they would have to go through the permitting process with the DNR. Councilmember Amundsen said the state isn’t going to change the water conservation methodology focus.

Mayor Hershberger Thun asked who will be deciding to water the fields. Mr. Sarvi responded that it will be Ann and Bruce.

Mayor Hershberger Thun referred to the last page and asked that they make it a practice to always say five business or working days when doing policies.

Mayor Hershberger Thun closed the public hearing at 7:11 p.m.

A motion was made by Councilmember Roden, seconded by Councilmember Tieden, to adopt Ordinance No. 358; an Ordinance Amending Chapter 26: Water Conservation Measures. With all members voting in favor, the motion carried. Vote: 5 Ayes, 0 Nays.

Mr. Sarvi said they will continue to work on this.

Councilmember Amundsen commented on the rain sensors and said it should say they are required on all new irrigation systems.

Ms. Kreft presented the staff report and said the only change is that they added letter g. that requires a public right-of-way permit to be handled administratively that would be required as part of the conditional use permit. The second ordinance has to do with the liquor license. Staff is recommending approval of both ordinances.

Mayor Hershberger Thun opened the public hearing at 7:15 p.m.

Mayor Hershberger Thun closed the public hearing at 7:15 p.m.

A motion was made by Councilmember Paulsen, seconded by Councilmember Tieden, to adopt Ordinance No. 359 and Ordinance No. 360 as submitted.

Mr. Sarvi asked if the conditional use permit is only good for a period of time. Ms. Kreft responded that it is addressed in the public right-of-way permit.

Ms. Thompson clarified the process would be an annual right-of-way permit renewal and they will only get the conditional use permit once. Ms. Kreft said the conditional use permit will stay with the property.

With all members voting in favor, the motion carried. Vote: 5 Ayes, 0 Nays.

Ms. Kreft explained this is a follow up from the conditional use permit that was approved a year ago. She showed a site plan of the underground parking proposed for both public and private parking. She explained that the deed had never been filed with the county on the property the city acquired. She showed where the vacation of the easement would occur. Ms. Kreft said the other issue discussed is what happens with the circular feature and the developer is proposing a pedestrian plaza.

Councilmember Paulsen asked where they are at in terms of permits. Ms. Kreft said the demolition permit has been issued. They are waiting on final construction approval for the underground parking.

Ms. Kreft said they will be having a neighborhood meeting to invite the property owners and businesses in the area to let them know what the timeframe is and what the impacts are going to be.

Councilmember Paulsen commented on the city process and how this keeps happening.

A motion was made by Councilmember Paulsen, seconded by Councilmember Tieden, to Approve Resolution No. 08-35 Vacating the Roadway Easement for the Property Located at 7929 Victoria Drive. With all members voting in favor, the motion carried. Vote: 5 Ayes, 0 Nays.
 

None
 

Mr. Sarvi presented the staff report and explained the remainder funds would be taken from the capital funds to purchase the Quint Ladder Truck.

Andrew Heger said he is currently working on this grant and is also on the truck committee. He was present to answer any questions.

Councilmember Paulsen provided some background information.

A motion was made by Councilmember Paulsen, seconded by Councilmember Amundsen, to Approve Resolution No. 08-36; authorizing the Victoria Fire Department to apply for the 2008 FEMA Grant to aid in the purchase of a Quint Ladder Truck. With all members voting in favor, the motion carried. Vote: 5 Ayes, 0 Nays.
 

Mr. Sarvi handed out pictures of the property the city owns. They were asked to prepare an analysis on removing the buildings or leave them up to capture the TIF value in the event the street needs to be reconstructed. He stated he has received several emails from business owners in the downtown saying they would prefer the buildings be brought down. Mr. Sarvi said his recommendation is to have staff obtain quotes in tearing the buildings down. He noted they strongly encourage the City Council to remove at least the blue building and replace it with sod.

Councilmember Paulsen asked how an assemblage would be done. Mr. Sarvi said he thought the theory was that if the city controlled the parcels they could push Tower Boulevard through an extension of Commercial. The other two parcels were parcels were bought because the City Council wanted to have a spot for future development. They were not looking to assemble large properties they were just looking to help guide future development.

Mr. Sarvi stated that Ms. Johnson came up with another option that the City Council could pass a resolution stating the intent to create a new TIF District within three years.

Councilmember Amundsen commented on the additional tear down money on top if the $800,000 loss. He stated in his opinion the city should never be in the process of development. Councilmember Amundsen said he needs more information on if it is worth the money to remove something that looks bad.

A motion was made by Councilmember Amundsen, seconded by Councilmember Paulsen, to authorize staff to obtain quotes for tearing down the buildings and come back with a recommendation.

Councilmember Roden clarified that the motion is option 3 outlined on the agenda statement. Councilmember Amundsen said yes and the community should provide input.

Councilmember Roden asked what the timeframe is and said she would like to move this along with the other disruption in the downtown. Mr. Sarvi said the recommendation would come back by April 10^th.

Councilmember Paulsen said he would have a difficult time voting for this, but will vote to get more information. He commented on what the use is.

Mayor Hershberger Thun stated she is proud of the downtown and is tired of looking at those houses. She said it is time to get rid of these houses. Mayor Hershberger Thun said they need to find out if the firefighters can take them down. She noted she gets more calls on these houses than all other important issues. She said that open space adds a lot to the community. Councilmember Amundsen said they need to get all the facts and vote accordingly.

Councilmember Paulsen reiterated that a use needs to be configured.

Councilmember Amundsen said the $10,000 per year loss needs to be removed from part of the budget.

Ms. Johnson noted that a future developer coming forward may want some TIF assistance.

With all members voting in favor, the motion carried. Vote: 5 Ayes, 0 Nays

Mr. Sarvi reported the grocer did meet and they are not looking to proceed with coming to the site. Shingobee came forward with another plan with more retail and more suburban looking.

Ms. Kreft stated the Business Development Committee suggested they move forward with a dual track process.

Mr. Sarvi noted there are costs for the city to sit on the property and said they need to move in a timely matter.

Councilmember Roden said she likes the dual track approach and commented on the continuum care facility and said she is not sure if there is a market for 160 units.

Mayor Hershberger Thun said there needs to be clarification on what they mean with senior housing.

Councilmember Amundsen talked about the access for the current parcels they don’t acquire.

The City Council talked about the senior housing demand.

Councilmember Paulsen said they agree with moving forward with the acquisition of the 13.5 acres.

Mr. Sarvi commented on the trail and stated they have to provide a trail to County Road 11. He said they came up with an alternate route that would be located behind the church.

Councilmember Amundsen commented on the extension of exclusivity.

Mr. Sarvi had nothing to report.

Mr. Sarvi had nothing to report.

Mr. Sarvi noted that there have been over 200,000 hits on city website.

Mayor Hershberger Thun said the name of the newsletter is "The Spirit of Victoria".

Councilmember Paulsen said they received a request for a decision on the parkland for Lake View Meadows and will be sending it back to the Planning Commission.

Councilmember Paulsen said he would like to see the financial statements of the joint powers agreement entities.

Councilmember Paulsen said that the park and recreation committee needs to know about the meetings concerning the field house.

Mayor Hershberger Thun verified that at the next meeting they will have the street signs and noise issue on the agenda. Mr. Sarvi said yes.
 

None.
 

None.
 

A motion was made by Councilmember Tieden, seconded by Councilmember Amundsen, to adjourn the meeting at 8:30 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.