City Council Minutes

Pursuant to due call and posted notice thereof, the regular meeting of the Victoria City Council was called to order at 6:40 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, Jim Paulsen and Kim Roden.

Absent: None.

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

Others Present: Sue Orsen, The Victoria Gazette and others.
 

Mr. Uram added under 5.A. a revised agenda reflecting staggered terms for the Park and Recreation Committee.

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: 5 Ayes, 0 Nays.
 

(3) OPEN FORUM:

None.
 

(4) VISITORS PRESENTATION:

None.
 

Mayor Hershberger Thun removed the minutes of the March 23, 2009 meeting.

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

Mayor Hershberger Thun corrected the bottom of page 8 to read: Mayor Hershberger Thun reported that there is a group meeting on Highway 5 to talk about what is going to be developed around the corridor.

A motion was made by Mayor Hershberger Thun, to Approve the Minutes of the March 23, 2009 City Council meeting with the correction. The motion was seconded. With all members voting in favor, the motion carried. Vote: 5 Ayes, 0 Nays.
 

-A- Approve the March 9, 2009 Claims Roster in the amount of $321,415.24.

A motion was made by Councilmember Roden, to Approve the Claims Roster in the amount of $321,415.24. The motion was seconded. With all members voting in favor, the motion carried. Vote: 5 Ayes, 0 Nays.
 

None.
 

Mr. Uram stated this is an amendment to the fee schedule to add an annual fee of $100 for a Hawker/Peddler License. He noted the fee is comparable to other communities.

The public hearing was opened at 6:45 p.m.

The public hearing was closed at 6:50 p.m.

Councilmember Amundsen commented on regulating the magazine subscription solicitors and asked how this is different and what this covers. Mr. Norton explained that this ordinance is just for the fees of the peddlers and solicitors who are required to register and get the fees and permit. He noted that other cities do require that other solicitors register. He said the public safety concerns can be addressed.

A motion was made by Councilmember Paulsen, to Adopt Ordinance No. 367, an Ordinance Amending Appendix B: Fee Schedule by adding an Annual Hawker/Peddler License Fee of $100. The motion was seconded. With all members voting in favor, the motion carried. Vote: 5 Ayes, 0 Nays.
 

None.

Mr. Uram stated that Todd Rossco has requested an annual Hawker’s License to sell ice cream treats and other food novelties door-to-door in Victoria this summer. He noted that all the necessary background checks have been completed and are okay. Mr. Uram said that staff is recommending approval.

Councilmember Roden clarified that there have not been any complaints.

Councilmember Paulsen stated that this ordinance does not apply to Volksfest. Mr. Norton said that is correct, it is a different kind of use.

A motion was made by Councilmember Paulsen, to Approve the request of an Annual Hawker License for Rossco’s Ice Cream. The motion was seconded. With all members voting in favor, the motion carried. Vote: 5 Ayes, 0 Nays.

Ms. Kreft explained that Bob Moeller, a resident of Chaska, approached the City to discuss a regional trail. She showed a map and noted that the future regional trail would be built with development. Ms. Kreft said the interim solution is to have both trails connect on Bavaria Road, north from the existing trail in Chaska to the Minnetonka Regional Trail on the east side of the road. She stated the next step of the process would be to obtain a cost estimate. She noted that there could be easements that would be needed for a portion of the trail. Ms. Kreft said the cost estimate from TKDA is $2,500. She stated staff is recommending approval.

Mayor Hershberger Thun commented on the Arboretum land and said she didn’t think they would be charging for the easement. Ms. Kreft said the Arboretum is very positive about trails and connections.

Councilmember Paulsen questioned the per foot charge of the trail. Ms. Geheren said they will be putting together the estimate. Ms. Kreft noted the group has been looking at different funding sources. Mayor Hershberger Thun said this could also tie into some intersection improvements on Highway 5.

A motion was made by Councilmember Paulsen, to Authorize TKDA to conduct a feasibility study for the trail between Chaska and Victoria in an amount not to exceed $2,500. The motion was seconded.

Councilmember O’Connor asked how this compares in priority to the other projects. Ms. Kreft said the Park and Recreation Committee are working on a more detailed park and trail plan.

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

Mr. Uram said that they are looking at the efficient use of resources in terms of money and time.

Ms. Geheren explained that an invoicing summary document is provided on a monthly basis. She said the projects are put into three different categories. The first is private development and those fees are reimbursed through development agreements. The second is the general engineering services, which is the day-to-day work for the city. She noted the budget has decreased by about 13% in the general engineering services. The third is infrastructure planning and design. She noted that most of these fees come from the 5-year Street Capital Improvement Plan.

Ms. Geheren talked about the 2009 projections and said they will continue to look at ways to reduce the fees. She said they also look to see if the task can be completed by staff versus the engineering department.

Councilmember Roden asked about the timeframe of RFP’s for the professional services. Mr. Uram said the goal was to have a new City Engineer/Public Works Director with the intent to continue with TKDA during the transitional period. He said he does have a list of all the professional services. Councilmember Roden stated there are a number of firms that are looking for work. Mr. Uram said he is comfortable with the rate they get from TKDA. He noted the question is how much money would be saved versus expertise. Councilmember Roden said it is hard to compare year to year because the projects are all different. Mr. Uram noted that in meeting with other City Administrators the percent the City of Victoria is paying in engineering fees is consistent with other cities. He said they are also working proactively.

Councilmember Roden said there is a perception from some residents that the value of the project determines how much TKDA gets paid. Mr. Uram stated that reconstruction projects are typically assessed at 50% to the property owner and the other 50% is paid for by the City. He said it is in TKDA’s benefit to make it as cost effective as possible. Ms. Geheren stated they do bill the City on an hourly basis. The fees are structured in that they have a fixed profit amount they make on each employee.

Councilmember Amundsen asked why there are still 2006 and 2007 charges in the infrastructure planning. Ms. Geheren explained that the bulk of the project may have occurred but there is still the wear course.

Councilmember Amundsen said the road reconstruction costs should be dropping. Ms. Geheren said that is correct. She noted the 2008 infrastructure was higher than 2007 because they had more streets in 2008.

Councilmember Paulsen stated it is okay to pay for the work but not the mistakes.

The City Council discussed having a City Engineer/Public Works employee. Councilmember Roden said she thinks they will spend more money on engineering services in the beginning.

Councilmember Roden suggested taking two to three projects and doing an audit of them.

Mayor Hershberger Thun talked about the RFP’s and said the City decided on a schedule of how the RFP’s would be done. She asked that the RFP schedule be brought to the next meeting with reasons on why they should or should not continue with the services.

Councilmember Roden asked about the projected engineering costs for 2009. Ms. Geheren said she could bring something back.
 

Mr. Norton explained that there is no new shared parking concept, but the ordinance was made more user friendly. He stated that this draft includes a definition section. He said they have also built in some flexibility, which allows the City to revise the standards as conditions change. Mr. Norton referred to the Lakeside development and said they have added the ability to have alternative compliance under the conditional use section. Mr. Norton said they changed the language in the leasing contract.

Councilmember O’Connor referred to the parking being leased section and said the concern is with the future of an ongoing business not being able to renew the lease. Mr. Norton explained that there are three ways to satisfy the parking ordinance; build it, lease it or qualify for shared parking. He said the other two options would then be available. He noted the City would then revise the shared parking analysis. Councilmember O’Connor asked what happens if no land is available within 500 feet. Mr. Norton said that the development that was approved is based on the standards and understandings of the shared parking in the downtown analysis. He said he didn’t think there would be in a situation where they would not be able to provide the parking. Councilmember O’Connor said in this situation the City could be forced to build parking. Councilmember Paulsen said the lending institutions that come in would not put themselves in the position of not having any parking.

Councilmember Paulsen questioned when a persons parking rights begin and when do they end. Mr. Norton said the shared parking ordinance is based on a reasonable level of development permitted by the code. He stated at some point the City Council will have to make the decision to provide more parking.

Councilmember Amundsen said he likes that the ordinance says "may approve". He said his concern is if the ordinance is clear enough on the three options for future City Councils.

Councilmember Paulsen commented on creating a liability without a counter asset. He said there is so much discretion he doesn’t know if the ordinance is needed. Councilmember Amundsen stated the intent has to be documented.

Councilmember Amundsen suggested having the footprint of downtown with the best and worst case developments. He said he would like to see more tangibles. Ms. Kreft said they could build on the previously submitted material.

Councilmember O’Connor said he would like to get more comfortable with the parking lease of a functioning business possibly going away. Mr. Norton said he will talk with Councilmember O’Connor.

Mr. Norton suggested continuing the first reading of the ordinance to the next City Council meeting.

Councilmember Roden asked about the process with the Met Council on the installation of the 72 inch sewer pipe. Mr. Uram said this will be brought back as an agenda item with specific information. Councilmember Roden asked if the Met Council will have to come before the City Council for permit approval. Ms. Geheren said the City entered into a cooperative agreement with the Met Council. She stated they will have to get a permit from the City to work in the right-of-way on Smithtown Road to make a connection to one of the tunnels. Councilmember Roden stated she is not happy with the work that was done at Smithtown and said there are unresolved issues. She said that until the Met Council addresses the homeowner concerns she could not vote to give them another permit. Councilmember Roden stated there needs to be accountability. Mayor Hershberger Thun said the exact process needs to be outlined with the Met Council on rectifying the concerns of the three homeowners so everyone on the City Council understands the process.

Councilmember Roden said there is a dust problem with the park district along Park Drive and asked that it be taken care of. Councilmember Paulsen asked how much the calcium chloride costs. Ms. Geheren said they worked on it last time and will check into it.

Councilmember Paulsen asked about 1000 Friends. Ms. Kreft said they are working on the zoning ordinance and have had one review with the Planning Commission. She stated there is also an internship available that they will be making application for to do utility and trail mapping. Councilmember Paulsen said they should take advantage of other interns that are available.
 

None.
 

None.
 

A motion was made by Councilmember Amundsen, to adjourn the meeting at 8:25 p.m. The motion was seconded. With all members voting in favor, the motion carried. Vote: 5 Ayes, 0 Nays.
 

Respectfully submitted,

Tanya Schmieg
TimeSaver Off Site Secretarial, Inc.