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: Jim Paulsen, Kim Roden and Rick Tieden.

Absent: Councilmember Tim Amundsen.

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, and others.
 

Mr. Sarvi added item 3.I. Accept $200 from KENNEDY & GRAVEN, Chartered for the City’s Employee Appreciation Event and 3.J. Request approval to purchase additional M100 Elections Voting Machine.

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.
 

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

The Consent items were as follows:

Minutes of the April 24, 2008 City Council Workshop
Minutes of the April 24, 2008 City Council Meeting
Minutes of the April 15, 2008 Planning Commission Meeting
Payment of Bills $1,487,466.77

-A- Accept a $75.00 donation from Steven and Jeanne Becraft to the Victoria Fire Department

1) Agenda Statement No. 08-124
2) Exhibits
3) Resolution No. 08-51

-B- Approve the purchase of fitness equipment for the Field House

1) Agenda Statement No. 08-125
2) Exhibits

-C- Performance Agreement with Tropical Breeze for the Concerts in the Parks Series

1) Agenda Statement No. 08-126
2) Exhibits
3) Resolution No. 08-52

-D- Request authorization to hire staff for Field House

1) Agenda Statement No. 08-127
2) Exhibits

-E- Request from Victoria Vics to sell advertising on outfield fence Lions field #4

1) Agenda Statement No. 08-128
2) Exhibits

-F- Approve site plan for Kircke Lachen Park and authorize staff to move forward with project

1) Agenda Statement No. 08-129
2) Exhibits

-G- Consent for Dorsey & Whitney LLP to represent the City and Wells Fargo Public Finance as Bond Council for the proposed Refunding Revenue Note (Minnetonka Youth Hockey Association Project)

1) Agenda Statement No. 08-130
2) Exhibits

-H- Approve Resolution No. 08-53 Amending the Comprehensive Credit Card Use Policy

1) Agenda Statement No. 08-131
2) Exhibits
3) Resolution No. 08-53

-I- Accept $200 from KENNEDY & GRAVEN, Chartered for the City’s Employee Appreciation Event

-J- Request approval to purchase additional M100 Elections Voting Machine

Councilmember Roden removed the payment of the bills.

Mayor Hershberger Thun removed the minutes of the April 24, 2008 minutes.

A motion was made by Councilmember Tieden, 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 24, 2008 City Council Meeting

Mayor Hershberger Thun corrected the minutes to state that she was absent.

A motion was made by Mayor Hershberger Thun, to approve the April 24, 2008 City Council minutes. The motion was seconded. With all members voting in favor, the motion carried. Vote: 4 Ayes, 0 Nays.

Payment of Bills $1,487,466.77

Councilmember Roden asked about page 2 and if it is a second payment. Ms. Johnson responded that it is a different legal billing with the refunding of the bonds in March.

A motion was made by Councilmember Roden, to approve the payment of the bills in the amount of $1,487,466.77. 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:

Keith Geske, Green Crest Drive Townhomes, asked about the water structure. Mayor Hershberger Thun said that is on the agenda for discussion.

Mr. Geske commented on the street lights in downtown Victoria and asked why they are on all day and sometimes half are on and half aren’t. Mr. Sarvi said this has been a problem since they have been installed and they can’t get it timed properly. He said the contractor has been working on them repeatedly. Mayor Hershberger Thun stated this needs to be fixed. Councilmember Paulsen suggested filing a complaint. Mr. Norton clarified that there is no warranty left and the lights have been defective since they were put in. Mr. Norton asked for the materials and said he could draft a letter. Mr. Sarvi said they need to find an electrically engineering company.

Mr. Geske asked if the houses are coming down. Mr. Sarvi responded that bids are out right now to determine the costs of removing the houses. The bids should be back the end of the month or beginning of June. Mr. Norton noted that there is a bill pending or has already been approved with regards to the TIF district and having three years. Mr. Geske commented on copper thieves.
 

-A- Storm Water Pollution Prevention Program (NPDES Phase II) ~ Annual Public Meeting (Previously discussed May 24, 2007).

Ms. Geheren presented the staff report and noted that this is a yearly review. She explained that staff has taken on the responsibility of education and the assistant planner is keeping records what is happening yearly. She talked about the activities that occurred in the last twelve months. Ms. Geheren noted they are also working on building partnerships with different agencies. She stated they need to work on the storm water rule and implementing it. Ms. Geheren explained that the bigger issue to be addressed is the impaired waters. She noted that one study is on Lake Wasseman.

Councilmember Roden suggested using neighborhood organizations to address storm water. She commented on the Schutz Lake Association and said they could also help to spread the word.

Councilmember Paulsen asked what is going on with the new rules. Ms. Geheren responded that there was a requirement in the plan on infiltrating the first one inch of rain. She noted that they worked together to push back on that because of the heavy clay soils in Carver County. Ms. Geheren stated that the Carver Soil and Water Conservation District is going to be the best resource.

Councilmember Paulsen said there is a big concern with the water impairment on Lake Wasserman. Ms. Geheren noted the result is agriculturally related and they will be using low impact development strategies in the remaining area. She said the city is responsible. Mr. Norton explained that it is governed by statute and rules imposed from a federal level. Councilmember Roden suggested getting a grant to help with the lake. She said there are also wetlands adjacent to that lake that can be used to help mitigate.

Councilmember Paulsen asked how much money this costs. Ms. Geheren said the framework is in place and there is a staff member working on the education piece so it is under $20,000. She noted the storm water utility fund is where TKDA’s time gets allocated.

Mayor Hershberger Thun opened the public hearing at 7:00 p.m.

Mayor Hershberger Thun closed the public hearing at 7:00 p.m.

Ms. Geheren said the annual report will be back in June. Councilmember Paulsen said this is a serious issue.
 

-A- 2008 enacted water rates for irrigations systems

Ms. Johnson explained that the City is under new water rates. She reviewed the purpose for adjusting the water rates. Ms. Johnson said the issue is with the townhome associations. She stated that Carl Brown Consulting has reviewed this and came up with a rate variance. She noted the utility billing system won’t allow this and manual calculations would have to be done.

Councilmember Roden questioned how many other buildings besides townhomes have this. Ms. Johnson said there is a list of 19 associations that use centralized irrigations. She noted that it won’t include any commercial owned properties just individual town units that have yards.

Mayor Hershberger Thun said she thinks they need to do this and would recommend delaying any action tonight to come back at the next meeting.

Ms. Johnson said this will come back the first meeting in June. She noted the next water bills come out July 10^th.

Ms. Johnson commented on the issue of having a home owner’s association that does both the common areas and the yards. Mayor Hershberger Thun said the problems first need to be narrowed down.

-B- Developer’s Agreement with Doran Companies LLC

Ms. Kreft explained that staff has been negotiating on the developer’s agreement and a copy of the draft is included. She said there are four items staff is looking for direction on. The purchase price staff is recommending the purchase price of $2,630,653.23. She said the next item is the city hall/library site and potential Carver County CDA partnership. Ms. Kreft said that staff is recommending a two acre site be carved out for this. Next is the payment of administrative costs and staff is recommending that the deposit be required after the agreement is in place. The fourth item is the city’s public improvement and the agreement currently states the developer is required to construct the trail from the downtown bridge to County Road 11. She noted that what is not in the agreement is the piece from getting it from the bridge and the reconstruction it would take to the property line. Staff is recommending that the City have that as their cost and possibly use a 429 project. The cost associated with that is approximately $450,000. Ms. Kreft noted that this should be brought back for execution on May 22^nd.

Councilmember Roden commented on the process and asked if this is getting closer to what could be recommended. Mr. Norton said yes, they are in general agreement as to what they are looking for with what the project is going to be and how they will be phasing it.

Councilmember Roden asked if this is the final number for what the costs really are. Ms. Kreft responded the biggest unknown is the trail costs. Councilmember Roden asked about the number for the trail. Ms. Geheren said the basis of the estimate is a rougher number. Mayor Hershberger Thun clarified that no easement is needed from the church.

Councilmember Paulsen questioned the off site costs and asked about the tangible costs. Mr. Norton said that is still an issue. They don’t want to pay any money until the project is approved.

Councilmember Paulsen commented on Walker Methodist. Mr. Norton said there could be a presentation. Ms. Kreft said they will set up a tour.

The consensus of the City Council was to proceed with staff’s recommendations.

A motion was made by Councilmember Paulsen, to proceed with the Developer’s Agreement with Doran Companies and authorize staff to do the best they can to implement a transaction consistent with the administrator’s recommendations on items one thru four and that they also undertake to finalize the transaction to the best of their ability to have a high degree of certainty that the users in place give them the authority to do that and that they seek to get as much tangible cash as fast as they can and make the deal. The motion was seconded. With all members voting in favor, the motion carried. Vote: 4 Ayes, 0 Nays.

-C- Downtown Master Plan (discussed at the April 15, 2008 Planning Commission meeting; April 23, 2008 Business Development Committee meeting and April 28, 208 Park and Rec Committee)

Ms. Kreft presented the staff report. She said that a local citizen looked at doing a waterfront park at Steiger Lake. Staff and the Business Development Committee met to discuss different options that would tie in all the pieces. Ms. Kreft stated that staff is requesting that City Council authorize request for proposals to a limited number of firms. Mayor Hershberger Thun asked how much this would be. Ms. Kreft said approximately $15,000 to $20,000. Mayor Hershberger Thun asked if this is going to be the last plan and what is going to be different. Ms. Kreft said it will be a composite and will build on what they already have.

Councilmember Paulsen said the use still needs to be looked and the best way to get an executable result.

Councilmember Roden questioned the impact on the condominiums with the waterfront park. Ms. Kreft said it would need to be coordinated with Three Rivers Park District. She noted that a member on the Business Development Committee who lives in the condominiums is very supportive of this.

A motion was made by Councilmember Paulsen, to authorize staff to move forward with the Downtown Master Plan with number 2 of the courses of action to authorize staff to submit a Request for Proposals to a limited number of firms based on the scope of the project per the recommendation of the Business Development Committee and or other methodologies that would lead to the same results with equal costs as they see fit. The motion was seconded.

Mayor Hershberger Thun said she would also like staff to figure out where the money is going to come from.

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

Mr. Sarvi presented the staff report and noted that final comment will be prepared for May 22^nd. He explained that no parking will be allowed on either side of streets with widths less than 24 feet. Parking will be allowed on one side of the street of streets with widths 24 wide up to 28 feet wide. Mr. Sarvi said that parking will be allowed on both sides of streets with widths 28 feet or wider.

Councilmember Paulsen asked where there are streets less than 24 feet wide. Ms. Geheren said townhouses and some of the new streets that are private. She said she will prepare a map that shows the areas that would be affected.

Councilmember Roden asked about the public safety representative. Mr. Sarvi said they have come to a middle ground.
 

Ms. Kreft explained this is a request to do a minor subdivision. The Waterbrooke Fellowship would like to split off parcel A on the east side and deed it to a member of the parish. She noted there are no concerns with staff. She noted that the utilities would need to come from Duck Trail and the sewer from the west. Staff and the Planning Commission are recommending approval as submitted.

A motion was made by Councilmember Tieden, to adopt Resolution No. 08-54 Approving the minor subdivision for the Waterbrooke Fellowship for property located at 8725 County Road 43. The motion was seconded. With all members voting in favor, the motion carried. Vote: 4 Ayes, 0 Nays.

Mr. Sarvi commented on the parcel being farmed and looking at the runoff impacts. Pastor Bonner said they have always seen this side of the property functioning as a separate entity.

Pastor Bonner explained that the reason for selling is to raise money for the parking lot. He noted the buyer’s idea is to preserve the land and possibly have a prayer house.
 

-A- Personnel Committee’s recommendation for City Administrator Position, Salary and Benefit Package

1) Agenda Statement No. 08-138
2) Exhibits

Mayor Hershberger Thun stated they are recommending offering the position to Don Uram.

A motion was made by Mayor Hershberger Thun, to offer the City Administrator position with the defined salary and benefit package to Mr. Don Uram. The motion was seconded. With all members voting in favor, the motion carried. Vote: 4 Ayes, 0 Nays.

Mayor Hershberger Thun introduced Don Uram. Mr. Uram came forward.

Mayor Hershberger Thun said there was a gathering earlier for staff and Mr. Sarvi and the City Council thanked him for his services.

-B- Update on 13.5 Acres

The 13.5 acres was discussed above.

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

Mr. Sarvi reported that there will be neighborhood meetings. He said they are anticipating a September timeframe.

-D- Update on the Creamery Project

Mr. Sarvi stated they are out for bid and expect that project to start in July.

Mr. Norton said they are working on title issues with the creamery project.

Mr. Norton talked about the criminal history background check and the BCA has issued some interim guidance. Councilmember Tieden commented on the procedure.

Mr. Norton stated the governor recently signed an amendment to the uniform procurement statute. The limit has been raised from $50,000 to $100,000 when going out for bids. For contracts that are between $25,000 and $100,000 quotes are needed. He noted this will take effect August 1^st. Councilmember Roden commented on the changes to data practices.

Councilmember Tieden read a thank you card to the Fire Department.

Councilmember Tieden said he attended the Carver County Elected Leaders meeting on May 1^st. The purpose of the meeting is to develop and enhance relationships with different counties and get collaborative support for common goals. He noted they would like to go back and meet the first Thursday of each month. Councilmember Roden commented on the park referendum and said that would be a project she would like to see them take on. The City Council agreed Councilmember Tieden should continue to attend.

Councilmember Paulsen reported that the meeting with the Park and Recreation Committee, architects and school district went very well. He said one of the concerns is traffic. Councilmember Paulsen explained the new rink would be on the west side of the existing rink and would have seating for about 800 people. He noted the new design will demolish the acorn house and talked about reconfiguring the space.

Mayor Hershberger Thun talked about the Governor proposing levy limits on property taxes. The City Council discussed the options. Mr. Sarvi commented on this being political. Mayor Hershberger Thun said she has a problem with continual control being removed from individual cities.

Mayor Hershberger Thun commented on the emails and calls received on the school boundaries. She explained that for the high school one of the plans is to separate Victoria. She said she has had conversations with Mr. Jennings and he explained that there is concern about the diversity. Mayor Hershberger Thun encouraged everyone to go on the District 112 website and give them the thoughts on this issue. The City Council discussed the issues and said they agree Victoria needs to be in one high school. They talked about having another meeting with Mr. Jennings to make sure it goes the right way.
 

None.
 

None.
 

A motion was made by Councilmember Paulsen, to adjourn the meeting at 8:42 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.