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: David Urbia, Interim City Administrator; Cara Geheren, City Engineer; Mike Norton, City Attorney; Holly Kreft, City Planner; Jylan Johnson, Finance Director; Kristy Mock, Parks and Recreation Supervisor; Bruce Osborn, Public Works Superintendent; and Jennifer Kretsch, City Clerk.

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

Mr. Urbia noted the additional exhibit for 8-B, the memo outlining staff’s meeting regarding a library, the amended agenda statement for 8-F, and the additional exhibit for 7-C.

Mayor Hershberger Thun noted the Parks Commission requested a cancellation of its joint meeting with the Council on May 14, 2007.

A motion was made by Councilmember Roden, seconded by Councilmember Paulsen, 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 April 26, 2007 City Council Meeting
Minutes of the April 26, 2007 Continuation of Board of Equalization and Appeal Meeting
Minutes of the April 17, 2007 City Council Meeting
Payment of Bills $197,396.66

-A- League of Minnesota Cities Insurance Trust (LMCIT) renewal of Liability Coverage

1. Agenda Statement No. 07-151
2. Exhibits

-B- Authorize engagement to perform Accounting Services by SB Management, Inc.

1. Agenda Statement No. 07-152
2. Exhibits
3. Resolution No. 07-68

-C- Authorize Purchase of Computers for Point of Sale at the front counter, the Building Official and Building Inspector

1. Agenda Statement No. 07-153
2. Exhibits

-D- Authorize Purchase of Computer for City Clerk

1. Agenda Statement No. 07-154
2. Exhibits

-E- Authorize Purchase of Computer for Fire Department

1. Agenda Statement No. 07-155
2. Exhibits

-F- Authorize Purchase of Computer for Director of Planning

1. Agenda Statement No. 07-156
2. Exhibits

-G- Authorize Purchase of GIS Software Maintenance Agreement

1. Agenda Statement No. 07-157
2. Exhibits

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

1. Agenda Statement No. 07-158
2. Resolution No. 07-69

-I- Request by Richard McConnell for a variance for a proposed deck with a reduced shoreline setback for the property located at 820 Smithtown Terrace

1. Agenda Statement No. 07-159
2. Exhibits
3. Resolution No. 07-70

-J- Authorization to Hire Public Works Seasonal Employees

1. Agenda Statement No. 07-160
2. Exhibits

-K- Donation for the Concerts in the Parks Series from: Cabin Fever Sporting Goods, Hi-5 Market & Liquor, ABC Family Chiropractic, Re/Max, and Hartman Communities, LLC, for the total amount of $1,000.

1. Agenda Statement No. 07-161
2. Exhibits
3. Resolution No. 07-71

-L- Lions Park Baseball Field Renovation Project - Tree moving from South Lake Virginia Shores Park and Planting

1. Agenda Statement No. 07-162
2. Exhibits

-M- Lions Park Baseball Field Renovation Project - Concrete Slab for Bleacher

1. Agenda Statement No. 07-163
2. Exhibits

-N- Lions Park Baseball Field Renovation Project - Bleacher Installation

1. Agenda Statement No. 07-164
2. Exhibits

-O- Request approval to hire staff for Parks and Recreation

1. Agenda Statement No. 07-165
2. Exhibits

-P- Approval of City Administrator’s Performance Review

1. Agenda Statement No. 07-180

Councilmember Roden removed the Minutes of the April 26, 2007 Council meeting.

Councilmember Paulsen removed the Payment of the Bills.

Councilmember Amundsen removed Items 3-C, 3 -D, 3-E, 3-F, and 3-G.

Mayor Hershberger Thun requested Item 3-J be moved for consideration under 8-G.

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 noted on page 4, the first sentence should be corrected to read "with funding even 50 percent of the Quint Ladder cost." She also noted the misspelling of the word "outlier" on page 5. In the fourth paragraph of page 5, the second line should be modified to read "a continued housing slowdown." She also noted the last sentence on page 5 should read "she supports a defensive position."

Mayor Hershberger Thun noted on page 3, the name Hannah Hohertz should be deleted from the motion.

Ms. Johnson noted on page 4 the correct spelling under Visitors Presentation is Andrew Berg.

A motion was made by Councilmember Roden, seconded by Mayor Hershberger Thun, to approve the Minutes of the April 26, 2007 City Council Meeting as corrected. With all members voting in favor, the motion carried. Vote: 5 Ayes, 0 Nays.

Councilmember Paulsen expressed concern for the amount of the TKDA bills, noting his concern is not a reflection on the quality of the work by the City Engineer. He requested additional checks and balances for administering City contracts. Councilmember Roden concurred. Mr. Urbia indicated he will research the issue and report back to the Council.

Mayor Hershberger Thun also suggested the City Attorney charge of $3,518.50 on page 7 of the bills be charged against the Field House.

A motion was made by Mayor Hershberger Thun, seconded by Councilmember Roden, to approve Payment of the Bills, with the exception that the City Attorney charge of $3,518.50 should be moved to the Field House line item budget. With all members voting in favor, the motion carried. Vote: 5 Ayes, 0 Nays.

Councilmember Amundsen commented on the significant expense of the requested computers.

Ms. Johnson explained the quotes are through the state bid process; Solution Builders was utilized in order to ensure the computers will be compatible with the City’s software.

Discussion ensued regarding the purchase of the computers and Microsoft Vista, and whether staff should try to purchase the computers from Dell directly in an effort to lower costs.

A motion was made by Councilmember Amundsen, seconded by Councilmember Roden, to authorize the purchase of the computers at whatever the best price is. With all members voting in favor, the motion carried. Vote: 5 Ayes, 0 Nays.

This was considered under 3-C.

This was considered under 3-C.

This was considered under 3-C.

This was considered under 3-C.
 

(4) VISITORS PRESENTATION:

Mr. Simich stated SouthWest Transit is working with Carver County on future transit needs. He noted during peak hours, all seats are full at the major lots. SouthWest Transit is working to address future population needs, and transit models are being worked on for 2010 and 2015.

Discussion ensued regarding the possibility of a future transit hub in Victoria. Mr. Simich explained the City could join the transit taxing district, which would require about a $30 to $40 tax on a home worth $300,000; there is also federal funding available on a competitive basis.

Discussion ensued regarding addressing increased ridership based on rising gasoline prices as well as possible future sites for a transit hub.

Mr. Nelson explained his role as a representative for the Lake Minnetonka Conservation District (LMCD), stating his goal is to address some environmental concerns. He addressed the endangered species and environmental issues facing the LMCD and therefore Victoria; he described the constraints imposed as a result of funding limitations.

Mayor Hershberger Thun thanked Mr. Nelson for his information and representation of Victoria.
 

(5) OPEN FORUM:

Judy Black, 1938 Woodstone Drive, thanked the Council for hosting the town hall meeting on May 8^th regarding the future of the Field House. She presented a list of ideas citizens have come up with to improve the operation of the Field House, including securing sports camps, fundraising to build a swimming pool, initiating a recruitment drive to increase membership, fundraising to improve awareness of the Field House, and adding arts programs to the facility. She also asked that the Council hire a director of the Field House.
 

Ms. Kreft presented an overview of the staff report.

Mayor Hershberger Thun opened the regular City Council meeting to public hearing at 7:30 p.m.

There being no public input, Mayor Hershberger Thun closed the regular City Council meeting to public hearing at 7:30 p.m.

A motion was made by Councilmember Roden, seconded by Councilmember Paulsen, to adopt Ordinance No. 350, an ordinance amending Chapter 30, Zoning and Land Use Regulations, Revising Article II Central Business District, Sec. 30-455 design and performance standards. With all members voting in favor, the motion carried. Vote: 5 Ayes, 0 Nays.

Ms. Kreft provided an overview of the staff report.

Mayor Hershberger Thun opened the regular City Council meeting to public hearing at 7:32 p.m.

There being no public input, Mayor Hershberger Thun closed the regular City Council meeting to public hearing at 7:32 p.m.

A motion was made by Councilmember Paulsen, seconded by Councilmember Roden, to approve Resolution No. 07-72; a Resolution approving the vacation of drainage and utility easements for portions of Laketown 2^nd and 5^th additions for the replat known as Laketown 6^th addition. With all members voting in favor, the motion carried. Vote: 5 Ayes, 0 Nays.
 

Ms. Geheren presented the bids received for the project, noting there were "informalities" in both the low bid as well as the second low bid. Both bidders were contacted and the informalities were corrected.

Mr. Norton recommended that due to its insignificant nature, the "informality" of the low bidder should be waived.

Discussed ensued regarding how to handle the significant savings in the project due to the bid coming in lower than the Engineer’s estimate.

The Council discussed the financing of this project and the bonding process.

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

Mr. Urbia presented the staff report.

The Council discussed how to handle the maintenance of the three streets.

Dick Hackett, Zumbra Ridge, thanked the Mayor for informing the residents about when the power would be restored during a recent power outage.

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

A motion was made by Councilmember Amundsen, seconded by Councilmember Roden, to direct staff to continue discussions with the resident of King’s Drive, and to communicate a desire to hold these discussions no later than one month from now, with the understanding that failure to do so will result in the following of current staff recommendations. With all members voting in favor, the motion carried. Vote: 5 Ayes, 0 Nays.

Ms. Kreft provided an update on the CEI Ventures proposal as outlined in the Council packet. She explained the June 1^st deadline is still in place.

There was discussion regarding City staff clarifying to CEI Ventures the expected quality of submissions by the agreed-upon deadlines.

A motion was made by Councilmember Amundsen, seconded by Councilmember Paulsen, to direct staff to inform CEI Ventures that the City’s policy will be enforced on this proposed project, specifically that all appropriate infrastructure costs will be the developer’s responsibility. With all members voting in favor, the motion carried. Vote: 5 Ayes, 0 Nays.

The meeting recessed at 8:06 p.m. Mayor Hershberger Thun reconvened the meeting at 8:13 p.m.

Ms. Geheren provided the staff report and asked for Council direction.

A motion was made by Councilmember Roden to direct staff to send a letter to MCES indicating that after additional evaluation, the City has decided to continue to plan to serve this area through Victoria. The motion died for lack of a second.

The Council discussed the bigger picture of future development in this area, particularly as related to the Comp Plan. Mayor Hershberger Thun noted it is important to keep all the City’s options open. Councilmember Roden concurred.

Discussion ensued regarding staff continuing to work with MCES as well as Chaska.

Councilmember Paulsen withdrew the motion on the table. Councilmember Amundsen withdrew the second.

A motion was made by Councilmember Paulsen, seconded by Councilmember Amundsen, to direct staff to work with MCES and the City of Chaska in order that the largest number of options remain open to provide for intense development in the Highway 10/County Road 11 corridor in the City of Victoria, including the land that runs south of the 94 acres the City owns at County Road 43 and Highway 10. With all members voting in favor, the motion carried. Vote: 5 Ayes, 0 Nays.
 

Ms. Kretsch presented the staff report.

Councilmember Roden noted she previously suggested this ordinance be looked at as commercial development grows in the City.

Council discussion ensued regarding denying licenses based on specific objections raised by the residents or businesses whose lives would be directly affected.

A motion was made by Councilmember Roden, seconded by Councilmember Paulsen, to recognize this consideration as the first reading of Ordinance No. 352, an Ordinance amending Chapter 4, Alcoholic Beverages; Division 2, Licenses: Sec. 4-47, conditions for granting, including the provisions of A, B, C, D, F, and G on Agenda Statement No. 07-171. With all members voting in favor, the motion carried. Vote: 5 Ayes, 0 Nays.

Mr. Urbia presented the staff report.

The Council discussed the best use of the Public Works staff as well as outsourcing various City functions.

A motion was made by Councilmember Amundsen, seconded by Councilmember Roden, to follow staff’s recommendation that Public Works will continue to provide lawn mowing service, with the hiring of two part-time seasonal employees. With all members voting in favor, the motion carried. Vote: 5 Ayes, 0 Nays.

Ms. Kreft provided the staff report.

Mayor Hershberger Thun encouraged staff to continue pursuing grants.

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

Ms. Kreft presented the staff report. She explained TKDA was retained to complete the land use, housing, economic development, and natural resources components of the plan. Discussion ensued regarding the original budgeted amount of $50,000 for the Comp Plan and whether to bid out the transportation component of the Comp Plan.

A motion was made by Mayor Hershberger Thun to put the transportation element of the Comp Plan out for an RFP. The motion died for lack of a second.

The Council decided to hold off a decision on this; they encouraged staff to consider how to reduce the costs of this plan and eliminate duplication of efforts on previous transportation plans.

A motion was made by Mayor Hershberger Thun, seconded by Councilmember Paulsen, to table this item for two weeks. With all members voting in favor, the motion carried. Vote: 5 Ayes, 0 Nays.

Councilmember Paulsen recommended the Council review the transportation and water resources elements of 1997 Comp Plan to see what has changed.

Ms. Kreft noted the Minnehaha Creek Watershed District and the Met Council both have to sign off on the Comp Plan.

A motion was made by Mayor Hershberger Thun, seconded by Councilmember Roden, to table this item for two weeks. With all members voting in favor, the motion carried. Vote: 5 Ayes, 0 Nays.

Councilmember Roden noted it may make more sense for the City to amend the existing Comp Plan rather than be charged $33,000 to create a new document with minimal changes.

Mr. Urbia presented the staff report and asked for Council direction.

The Council discussed negotiating franchise agreements and researching the Mediacom franchise fees. Councilmember Roden cautioned the Council to consider the impact of any future franchise fees on energy.

A motion was made by Mayor Hershberger Thun, seconded by Councilmember Paulsen, to direct staff to negotiate franchise agreements with Xcel Energy, MVEC, and CenterPoint Energy, and look into the franchise situation with Mediacom with language to implement a franchise fee as stated. With all members voting in favor, the motion carried. Vote: 5 Ayes, 0 Nays.

A motion was made by Mayor Hershberger Thun, seconded by Councilmember Roden, to hire Justin Berg and Tim Amundsen, Jr. as Public Works seasonal employees. With 4 members voting in favor, the motion carried. Vote: 4 Ayes, 0 Nays, 1 Abstention (Amundsen).
 

A motion was made by Councilmember Paulsen, seconded by Councilmember Roden, to authorize Mr. Norton to work with Mr. Schwartz to proceed with the best possible and most expeditious efforts to enforce the hockey contracts.

Mayor Hershberger Thun asked whether the additional information she has provided Mr. Norton has any impact that the Council should be aware of.

Mr. Norton stated the information presents reasons why prior Councils did not feel it was important to fully enforce the ice contracts; he is not sure this Council has to be bound by that policy decision.

Mayor Hershberger Thun noted documents indicate a $317,000 shortfall of ice contracts.

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

Councilmember Amundsen applauded the staff for putting together the town hall meeting. He commented that he knows there are more members of the community who have views oppositional to those expressed at the meeting. The town hall meeting was held to hear all of those viewpoints, and the overwhelming impression left was to save the Field House.

Mayor Hershberger Thun stated citizens were duly notified about the Field House town hall meeting. She expressed disappointment that a number of residents made the decision not to attend the meeting and not speak out for their views. She also complimented the people who did attend and did an eloquent job presenting their case.

Councilmember Roden thanked staff for working on the town hall meeting. She noted she received a lot of feedback after the meeting expressing support for her comments about securing the finances of the City. Many of them indicated an unwillingness to speak at the meeting out of a desire not to conflict with neighbors’ opinions.

Councilmember Tieden thanked the staff for its efforts at the town hall meeting. He noted the majority of the comment cards also expressed support for keeping the Field House.
 

Mayor Hershberger Thun noted the first Council packet of each month will now include the status of building permits in the City.

Councilmember Roden stated she attended the meeting of the Southwest Transportation Coalition; they voted to contribute $10,000 to the Highway 5 transportation study.

Mr. Urbia noted the new flags honoring veterans will be displayed after the 5 p.m. workshop on May 24^th. The rest of the flags will be put up downtown the next day. He also highlighted the memo detailing the meeting between staff and the Carver County Library system.
 

Mayor Hershberger Thun recessed the regular Council meeting at 10:00 p.m. to hold a Closed Session specifically to discuss Field House proposals.

Mayor Hershberger Thun called the regular Council meeting back to order at 11:10 p.m.
 

A motion was made by Councilmember Amundsen, seconded by Councilmember Roden, to adjourn the meeting at 11:10 p.m. With all members voting in favor, the motion carried. Vote: 5 Ayes, 0 Nays.
 

Respectfully submitted,

Allison Burr
TimeSaver Off Site Secretarial, Inc.