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 Acting Mayor Amundsen in the Council Chambers at 7951 Rose.

Members Present: Acting Mayor Tim Amundsen; Councilmembers: Jim Paulsen, Kim Roden and Rick Tieden.

Absent: None.

Staff Present: Steve Sarvi, City Administrator; Holly Kreft, Community Development Director; Angie Perera, Assistant Planner; Jack Griffin, Engineer; and Mike Norton, City Attorney.
 

Mr. Sarvi added item 9.B. Update on Amendment to Land Sale and Development Agreement with Three Rivers Park District. Mr. Sarvi also added item 9.E. Search for the new City Administrator. Mr. Sarvi noted there are two updates for the upcoming calendar.

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

Acting Mayor Amundsen read aloud the items to be considered under the Consent Agenda.

The Consent items were as follows:

Minutes of the April 10, 2008 City Council Meeting
Carver County Sheriff Reports for March 2008
Payment of Bills $172,585.36

-A- Victoria Chamber of Commerce request for a LG220 Bingo and Raffle Exempt Gambling Permit for the 2008 Victoria Volksfest

1) Agenda Statement No. 08-107
2) Exhibits
3) Resolution No. 08-43

-B- Field House Membership Summary and Daily Usage Report

1) Agenda Statement No. 08-108
2) Exhibits

-C- Request authorization to hire staff for Field House/Park and Recreation Department

1) Agenda Statement No. 08-109
2) Exhibits

-D- Accept a Donation of $325 from the Victoria Lions Club and $750 from ISD 112 Community Education for the Concerts in the Park Series

1) Agenda Statement No. 08-110
2) Exhibits
3) Resolution No. 08-44

-E- Appointment of Members to the Park and Recreation Committee

1) Agenda Statement No. 08-111
2) Exhibits

-F- Authorize staff to apply for Community Growth Options Funding from 1000 Friends of Minnesota

1) Agenda Statement No. 08-112
2) Exhibits
3) Resolution No. 08-45

-G- Financial Reports for the month-ending March 31, 2008

1) Agenda Statement No. 08-113
2) Exhibits

-H- Approval of the Audited Annual Financial Report for the year-ended December 31, 2007

1) Agenda Statement No. 08-114
2) Exhibits

-I- Authorization to Advertise for Part-Time Seasonal Public Works Employee

1) Agenda Statement No. 08-115
2) Exhibits

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

Minutes of the April 10, 2008 City Council Meeting

Acting Mayor Amundsen referred to an article on Roberts Rules on the seconder’s name being recorded in the minutes. It said that seconding a motion does not indicate support it only indicates they want the City Council to discuss it. He suggested adding in the minutes that the motion was seconded but no longer record the name.

A motion was made by Acting Mayor Amundsen to remove the specific name of the seconder from the recording of the minutes and move forward with just an affirmation of the second. The motion was seconded. With all members voting in favor, the motion carried. Vote: 4 Ayes, 0 Nays.
 

(4) VISITORS PRESENTATION:

None.
 

(5) OPEN FORUM:

None.
 

-A- 2nd Reading and Public Hearing of an Ordinance Amending Chapter 13: Noise of the Victoria Code of Ordinances

Ms. Perera presented the staff report on the changes to the proposed ordinance amendment. She explained that the measurement procedure is specifically for non-impulsive noises.

Acting Mayor Amundsen opened the public hearing at 6:43 p.m.

Gary Feiker, Stieger Lake Condominiums, stated he would like to withdraw the notice of intent to file a lawsuit if this ordinance passes. He said this is a terrific ordinance that complies with the state law and is enforceable.

Ron Larson, Victoria resident, said he would like to understand the definition of a permit as well as the duration and number of permits that can be obtained within a calendar year. Ms. Perera said with a temporary noise permit a municipality is allowed to address specific noise sources. There are currently no limits as to the maximum amount of permits allowed per calendar year. Mr. Larson asked if within the state noise ordinance if there are any guidelines to the number of permits per year. Ms. Perera responded that there are no limits identified by the state.

Lois Plocher, Floyds, said that this summer she has no intention of requesting any more than two permits; one is for softball weekend and one is for country music.

Alan Taylor, Marigold Circle, asked what the scope of the ordinance is and if it covers traffic noise. Ms. Perera said the current ordinance does address statutes referencing motor vehicles and they are not proposing to change the general noises prohibited section or the hourly restrictions section of the ordinance. Councilmember Tieden asked that this ordinance be put on the website.

Acting Mayor Amundsen closed the public hearing at 6:50 p.m.

Councilmember Paulsen asked for clarification on why the city should adopt its own ordinance. Ms. Perera explained that specific noise sources could be addressed that aren’t already addressed. Councilmember Roden said it is also to have the ordinance comply with the state law. Corporal Boder said another reason for adopting this is to make it enforceable. He said he thinks it is a good idea and recommends approval. Corporal Boder commented on the vehicle noise and mufflers.

Councilmember Tieden commented on the detailed process and said it is going to take a lot of time and money. He questioned other communities not going to this extent. Corporal Boder said it is a quality of life issue and it is something that more cities will probably deal with.

Mr. Sarvi pointed out that this gives the officers the authority to do a quick check.

A motion was made by Councilmember Paulsen to adopt Ordinance No. 361, which amends chapter 13, Article II, Noise Section 13-22 of the Victoria City Code as drafted in the staff recommendation; second to approve the attached summary publication of which a copy of the text would be on file with the City Clerk and third is to authorize the acquisition of the necessary equipment to enforce the ordinance. The motion was seconded. With all members voting in favor, the motion carried. Vote: 4 Ayes, 0 Nays.
 

-A- 2008 Streets, Drainage, and Utility Improvements ~ Resolution Accepting Bids and Awarding a Contract for the 2008 Streets, Drainage, and Utility Improvements

Mr. Griffin explained that eight bids were received and all came in under the estimate. He stated that Northwest Asphalt was the lowest bidder. The new estimate for the total project is 1.3 million of which $480,000 would be assessed and the city share would be about $645,000. Mr. Griffin stated they recommend the project be awarded to Northwest Asphalt in the amount of $933,851.55.

Mr. Sarvi asked if they will be using a subcontractor. Mr. Griffin responded that there are a couple and they don’t know who they are. Mr. Sarvi said they should know who they are. Mr. Norton stated that in the contract they can require that the contractor disclose who the subcontractors are.

Mr. Griffin noted that they have worked with Northwest Asphalt and have received favorable references.

Acting Mayor Amundsen asked if this would reduce the projected assessment amounts. Mr. Griffin said with the projected numbers it could reduce the assessment.

With all members voting in favor, the motion carried. Vote: 4 Ayes, 0 Nays.

-B- Request by Scott Schmitt dba Clearwater Development for a Preliminary Plat for 18 Single Family Homes – Lakeview Meadows (currently known as the Swain Property) located on the north end of Schutz Lake (recommended for approval at the April 15, 2008 Planning Commission Meeting)

Ms. Kreft provided an overview of the project. She explained one of the issues discussed was the length of the cul-de-sac and staff and the planning commission are recommending that the cul-de-sac be extended to the end of the area which exceeds 1,000 feet and that the full right-of-way be deeded to the end of the property. Ms. Kreft said the park and recreation committee discussed the park dedication and Outlot B is the proposed location. The developer is also proposing to construct a trail, which is recommended to be accepted as park dedication. Ms. Kreft said that staff and the planning commission are recommending approval of the preliminary plat with the three conditions outlined in the staff report.

Councilmember Paulsen asked about the mass grading. Ms. Kreft said they still need to get a permit from the Minnehaha Watershed District and that meeting should be in May. This would also be a condition of the final plat.

Mr. Sarvi commented on lots 9 and 14 being larger than the others and asked if they could be subdivided in the future. Ms. Kreft said that lot 14 is an existing home and said that she would not anticipate that either of the lots would be subdivided. This would also be addressed with a letter of awareness with the homeowner.

Mr. Sarvi asked where the trail is going to and where it would go in the future. Ms. Kreft said that they anticipate the trail would be extended to Rolling Acres Road. There could also be a trail extension to TH 7. Mr. Sarvi asked if putting the park on the lake was ever discussed. Ms. Kreft said no she didn’t believe that was discussed.

Acting Mayor Amundsen said he is still concerned with the initial comments on the street being very long. He commented on the concerns of the fire department and public safety. Another concern is it being a one way in and one way out street. Councilmember Paulsen talked about the precedent. Councilmember Tieden said there were also concerns with the amount of traffic on Rolling Acres Road. Ms. Kreft noted that they could look at a gravel drive for emergency management vehicles that could be controlled by breakaway gate. She stated there were no comments from the fire department.

The letter from Mn/DOT was discussed.

Scott Schmitt, Clearwater Development, addressed a couple of the issues and said they looked at creating a safe environment with the access point. He said that Mn/DOT commented on expanding Highway 7 and if it did ever go to four lanes it would have to remain two lanes in that section. They didn’t feel they would close the access off and said it would probably become a right-in right-out. Mr. Schmitt commented on the cul-de-sac and said he is giving the length for free and it would cost money in the future. He said there might be a grade issue with the emergency extension. His engineer said that it is possible.

Acting Mayor Amundsen commented on a rumor of these lots being on MLS and said these lots should not be put on a listing before the review and approval process.

With all members voting in favor, the motion carried. Vote: 4 Ayes, 0 Nays.
 

Ms. Kreft explained the property location and said it is approximately 8.5 acres. She showed the proposed development that consists 8 lots that are about an acre in size. The developer is also proposing to use low impact development and staff is recommending rain gardens. She said that the planning commission recommended that it move forward but asked staff to review how the east side of Bavaria Road would work if developed as far as utilities and future roadway network.

Councilmember Paulsen stated they want to have a plan in place for those parcels. Ms. Kreft noted that this portion of Bavaria Road is owned by the City and the piece to the north is owned by the City of Victoria and can be used as potential right-of-way.

Acting Mayor Amundsen commented on the opportunity of creating a loop instead of dealing with a cul-de-sac. Ms. Kreft said there will also need to be further research on the serviceability for sewer on this property with the elevations. Councilmember Roden said that it is important to get the sketch plat right.

Acting Mayor Amundsen suggested getting feedback on the pipe line.

Ms. Kreft said that staff will work with the developer.

Cornerstones Engineer, said they will take the information and come up with a plan. Daryl Snader, dba Cornerstone Development LLC talked about the big picture and doing something different. He said he likes the rural feel of the area. Councilmember Paulsen said there are issues with Met Council on density.

The City Council took a five minute recess at 7:57 p.m. The meeting was reconvened at 8:04 p.m.

Ms. Perera presented the staff report. She said that staff has had several discussions with the applicant and the neighbor. Ms. Perera stated that staff and the planning commission are recommending approving a 24x26 two car garage. She noted that both Mr. and Mrs. Ollinger are okay with this size, which would minimize the view. Ms. Perera reviewed the three options and the differences.

Michael Coumbe, 1871 Victoria Circle, provided some background information and talked about the need for space with his growing family. He explained that he included the neighbors’ opinions and they thought it would be a great idea. Mr. Coumbe said he is asking for support on granting a variance to help improve the look of the property.

Ms. Perera stated this would require an 11 foot variance from the rear lot line. She noted the property was built before the code.

Acting Mayor Amundsen asked about building a detached garage near the external shed. Ms. Perera said a detached garage would need to meet the same requirements as the principal structure.

Councilmember Tieden asked why he couldn’t have a three car garage. Ms. Perera said the planning commission concerns were based on the neighborhood and a two car garage would fit better.

Ralph Ollinger, 1841 Victoria Circle, showed pictures of the view with each of the options. He said they have been involved in the community for 38 years. Mr. Ollinger said they built this room and really enjoy the view of the lake and animals. He talked about the signed petition and said that most of those who signed it don’t come to that end of the neighborhood.

Councilmember Paulsen asked what the legal standing is with the neighbors and the view of the lake. Mr. Norton said it is not so much the view but when looking at granting a variance you have to look at the adverse impact on a neighboring property. The hardship can be corrected based on the other neighboring properties which by only having one stall can be the hardship. A three car garage could have a significant impact on an adjacent property.

Acting Mayor Amundsen talked about having the extension come forward as another option. Ms. Perera said the applicant was concerned about the alignment and staggering. Acting Mayor Amundsen said it could be brought out to allow for additional square feet.

The City Council discussed the options of either the two car garage recommended by the planning commission or the two car garage with the front addition. Mr. Coumbe said he is in favor of the front load design. Mr. Ollinger clarified that as long as it is not a side load he is okay with it.

A motion was made by Councilmember Roden, to approve Resolution No. 08-48 denying the applicants original request for the three car garage option. The motion was seconded. With all members voting in favor, the motion carried. Vote: 4 Ayes, 0 Nays.

Mr. Norton said the City Council could approve the new option "option 4" and have it subject to the applicant providing plans consistent with direction of the City Council.

A motion was made by Councilmember Roden, to adopt a revised Resolution No. 08-49 approving option 4 which is a garage and driveway with a front load entrance (no side load garage or driveway) subject to the plans consistent with staff’s recommendation. The motion was seconded. With all members voting in favor, the motion carried. Vote: 4 Ayes, 0 Nays.

Ms. Perera noted this option is 26 feet wide. Acting Mayor Amundsen clarified that they talked about 24 feet wide and adding more footage to the front.

Councilmember Roden commented on the frustration with this process. She talked about the time spent on this issue. Councilmember Roden recommended that going forward the neighbors should be refereed to the Carver County Office of Dispute Resolution. She noted the service is free. Acting Mayor Amundsen asked staff to explore this. Councilmember Tieden commented on being a small town.

With all members voting in favor, the motion carried. Vote: 4 Ayes, 0 Nays.
 

-A- Update on No Parking Signage (previously discussed at the April 10, 2008 City Council meeting)

1) Agenda Statement No. 08-121
2) Exhibits

Mr. Sarvi said they recommend the City Council approve to remove and move where necessary, existing signage in recently constructed or reconstructed streets and authorize staff to amend section 24-59 in the city code.

A motion was made by Councilmember Paulsen, to approve the courses of action which will involve the removal and shifting of signage in several existing neighborhoods and authorize staff to provide the first reading of the ordinance amendment at the May 8^th City Council meeting. The motion was seconded. With all members voting in favor, the motion carried. Vote: 4 Ayes, 0 Nays.

-B- Update on Amendment to Land Sale and Development Agreement with Three Rivers Park District (amendment approved at the April 10, 2008 City Council Meeting)

Ms. Kreft provided an update on the church easement. She said the trail would be extended from the existing downtown bridge and would follow north around County Road 11. The cost of the trail would be split and the numbers are in agreement with the $514,000 price. Ms. Kreft stated that staff is still recommending the same deal and noted this would go to the Three Rivers Park District in May.

A motion was made by Acting Mayor Amundsen, to approve Resolution No. 08-50 Authorizing the First Amendment to the land sale and develop an agreement with the Three Rivers Park District. The motion was seconded. With all members voting in favor, the motion carried. Vote: 4 Ayes, 0 Nays.

-C- Update on ISD 112 2^nd Sheet of Ice at the Field House

Mr. Sarvi showed some drawings of the proposed second sheet of ice. He explained the Acorn House would be impacted and the southwest corner becomes a parking lot. The play structure would be moved over toward the ball field. Mr. Sarvi said a neighborhood meeting will be scheduled.

Councilmember Paulsen commented on replacing the acorn house and said thought needs to be given to the best spot for it and the relocation of the tot lot. Acting Mayor Amundsen talked about the improvement of the parking lot. He suggested having the park and recreation committee start looking at this. Councilmember Paulsen talked about this space becoming urban. He noted the ice arena has seating for 800. Acting Mayor Amundsen commented on the private venture in the acorn house and the usable space rented.

-D- Update on the Creamery Project

Ms. Kreft said they are currently in the construction design phase and should be starting the end of May or beginning of June.

-E- Process for the City Administrator search

Mr. Sarvi handed out the list of the candidates and referred to them by numbers. The City Council discussed the candidates.

Mr. Sarvi said he would recommend negotiating with one of them.

A motion was made by Acting Mayor Amundsen, to direct staff and the Mayor to enter into negotiations Monday with for the reason that the reported salary needs are closer in line with where the city is at and then see where they are at with the rest of the candidates. The motion was seconded.

Councilmember Tieden asked about the function of the personnel committee.

Councilmember Roden clarified that no comments will be made to the other candidates.

With all members voting in favor, the motion carried. Vote: 4 Ayes, 0 Nays.
 

Mr. Norton commented on the land swap and said they don’t want to spend any more money on title work until they know the board is going to approve it. The message was to close on the land as quickly as possible in May or June. He said he is going to hold off on the title work until the middle of May or until the agreement is approved.

Mr. Norton said that he and Ms. Kreft will be meeting with Doran’s attorneys to work on a draft developer’s agreement. The entire agreement will be back to the City Council for suggested amendments and approval.

Acting Mayor Amundsen said the business development committee did review the document and some concern was expressed on the length. He said another item discussed at the meeting was the houses and there were some solutions and other ideas on coming down.

Acting Mayor Amundsen noted there is a neighborhood meeting coming up on May 1^st for Baycliffe.

Acting Mayor Amundsen noted that spring compost, a service provided by the city, is on May 3^rd.
 

None.
 

A motion was made by Councilmember Paulsen, to adjourn the meeting at 9:28 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.