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: Holly Kreft, Community Development Director, Cara Geheren, City Engineer; Mike Norton, City Attorney; Jennifer Kretsch, City Clerk; and Bruce Osborn, Public Works Director.

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

Ms. Kretsch added the following: under the consent agenda item 3.K. Victoria Lions Club request for an On-Sale One-Day Temporary Liquor License, under unfinished business item 7.E. 2006 Street and Utility Improvements Sod Replacement and under new business item 8.A. LMCD Budget.

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: 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 May 8, 2008 City Council Workshop
Minutes of the May 8, 2008 City Council Meeting
Carver County Sheriff Reports for April 2008
Payment of Bills $396,967.09

-A- League of Minnesota Cities Insurance Trust (LMCIT) renewal of liability coverage

1) Agenda Statement No. 08-141
2) Exhibits

-B- Financial Reports for the month-ending April 30, 2008

1) Agenda Statement No. 08-142
2) Exhibits

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

1) Agenda Statement No. 08-143
2) Exhibits

-D- Donations for the Concerts in the Park Series from Randy Maluchnik, Klein Bank, and Michael Drazen of Drazen, Henke and Associates for T- Ball/Coach Pitch

1) Agenda Statement No. 08-144
2) Exhibits
3) Resolution No.08-56

-E- Approval of the Amended Carver County Environmental Services Agreement/Compost Grant (Original agreement approved at the February 14, 2008 City Council meeting)

1) Agenda Statement No. 08-145
2) Exhibits
3) Resolution No. 08-57

-F- May 2008 Goals Progress Report as updated by Steve Sarvi (The Goals will be discussed at a future City Council meeting with the new City Administrator)

1) Agenda Statement No. 08-146
2) Exhibits

-G- Accept a $50.00 Donation from Residential Mortgage Group to the Victoria Fire Department

1) Agenda Statement No. 08-147
2) Exhibits
3) Resolution No.08-58

-H- Field House Membership Summary and Daily Usage Report

1) Agenda Statement No. 08-148
2) Exhibits

-I- City Council direction to temporarily suspend certain portions of Ordinance No. 361, Noise pending the adoption of an amendment

1) Agenda Statement No. 08-149
2) Exhibits

-J- Request authorization to hire seasonal public works employee Brady Lee

1) Agenda Statement No. 08-150
2) Exhibits

-K- Victoria Lions Club request for an On-Sale One-Day Temporary Liquor License.

1) Agenda Statement No. 08-159
2) Exhibits

Councilmember Amundsen asked that item I be pulled.

A motion was made by Councilmember Amundsen, 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.

-I- City Council direction to temporarily suspend certain portions of Ordinance No. 361, Noise pending the adoption of an amendment

1) Agenda Statement No. 08-149
2) Exhibits

Councilmember Amundsen asked what was happening with this. Ms. Kreft said this addressed people who want to have small parties or neighborhood parties and will clarify the language so they don’t have to go through the process. The rest of the noise ordinance stays in plays. She stated this would come back on June 12^th for the first reading of the amended ordinance.

A motion was made by Councilmember Amundsen, to approve the direction to temporarily suspend certain portions of Ordinance No. 361, Noise pending the adoption of an amendment. The motion was seconded. Vote: 5 Ayes, 0 Nays.
 

(4) VISITORS PRESENTATION:

-A- Eric Evenson, Minnehaha Creek Watershed District

Mr. Evenson, Minnehaha Creek Watershed District Administrator, gave a presentation on improving the quality of water and quality of life. He provided an overview of the MCWD and explained that a watershed is an area of land that drains to a common body of water. Mr. Evenson noted there is 181 square miles in the district. He stated the Metro Water Management is mandated by law and was established in 1967 in response to concerns about flooding.

Mr. Evenson reviewed the communication and education programs along with the projects and maintenance programs. He talked about the projects slated for Victoria and the 6-Mile Creek Watershed. Mr. Evenson said they are encouraging the use of conservation development.

Mr. Evenson said the CIP for 2008-2016 is $34,029,500 and other potential CIP is $41,404,300.

He showed a map of the potential conservation areas. Mr. Evenson stated they are in the process of revising the rules.

Councilmember Tieden asked about the Minnehaha Creek. Mr. Evenson explained that the area is suffering from deferred maintenance and there is erosion below the falls. They are working with different entities to raise money. He noted this was the very first state park in Minnesota.

Councilmember Roden commented on Lake Wasserman not being on the potential capital projects. Mr. Evenson said there is a project plan and phase one is $700,000 and phase two is another $700,000 in 2010.

Councilmember Paulsen asked about the Watershed District wanting to see the site plan prior to the City. Mr. Evenson said that was a misunderstanding. He said when a developer brings a concept plan in they would like to see it so the developer knows what the requirements are.

Councilmember Paulsen referred to the low impact developments and asked about the density requirements. Mr. Evenson responded that they have seen it done on dense development and referred to the developments in Mound and Wayzata.

Councilmember Paulsen asked about the section of the website that talks about the amount of capital. Mr. Evenson said they have a land conservation program and work with Hennepin County who is willing to bond up to 20 million. Councilmember Paulsen commented on the potential future conflicts.

Councilmember Paulsen said another issue is with the abstraction of the first inch of rain water and in a pure clay environment it raises issues with ponding and settlement. Mr. Evenson gave an example in Wayzata and said there are numerous techniques. He stated they have about have 34 million in capital projects planned. Councilmember Paulsen asked about the process. Mr. Evenson explained that a City can petition a watershed district to do a project. He said there are also ways to add on to a project. Another way is with the low impact development program, which could be a potential source of additional funding.

Councilmember Roden asked how to get the potential projects identified. Mr. Evenson said they need to be identified in the local water plan and then they can talk about them. Councilmember Paulsen commented on putting the dollars out in front to help Victoria. Mr. Evenson said the Watershed District CIP is approved on a yearly basis and a project has to be in the ten year plan.

-B- Proposal for Public Hearing for the issuance of a revenue note to refinance the Pagel Center on behalf of the Minnetonka Youth Hockey Association (the corporation)

Richard Miller, Senior Vice President of Public Finance at Wells Fargo, said he is here with representatives from youth hockey and bond counsel and they are looking for the authority to refinance the Minnetonka Youth Hockey facility. He noted the facility was built in 2001 for 6 million dollars. Mr. Miller explained what they are proposing would lower the interest rate and the annual payments and would remove the 1.5 million dollar balloon with a level amortization for a 20 year period. He provided a summary sheet and noted there is no obligation to the City.

Councilmember Roden asked if the issues have been resolved on the ice rental. Mr. Norton responded not completely. He said there were two issues; the first was the association was required to provide the City with referrals that would amount to $10,000 in ice time revenue. He noted they provided information but the facts have not been verified. The other issue is the underpayment of ice hours and that has not been with this association but has been resolved with all the others. Councilmember Roden asked if there is an opportunity to resolve this concurrently with considering this for a future public hearing. Mr. Norton said he has been working with their attorney. He needs to get the referral issued verified. Councilmember Amundsen said the issue of ice for the time was resolved and there is still the issue with the other back payments. Councilmember Roden said she would like to see this resolved.

Councilmember Paulsen said they need the existing and proposed amortization schedules so they can figure out the appropriate fee structure.

Mayor Hershberger Thun clarified that the City Council would like to continue this to the June 12^th meeting. She said the numbers with the amortization schedule need to be looked at and the issue with the back payments needs to be resolved.

Rick Domaas, Treasurer with Minnetonka Youth Hockey, said he believes they have provided the requested documentation and included were minutes from the November 22, 2004 meeting stated that the city reduced the ice hour commitment. He said their position is that they have met the financial obligations with the city. Mr. Domaas said they have also provided the documentation on the $10,000.
 

(5) OPEN FORUM:

Mark Lund, Allegheny Grove Development, provided a letter and talked about the concerns with the parking at the Field House. He proposed some other ideas; overflow parking on Kochia or the skating rink and basketball hoops could be developed into parking. Another option is leaving the playground as it is and put parking on the east side. Across from the soccer fields is gravel that could also be used for potential parking. He said he would like to see some of the green stay on the southwest side where the playground currently is and have additional parking on the southwest and on the east. Mr. Lund stated the park is used a lot and if it were moved to the northeast it would not be utilized as much.

Mayor Hershberger Thun clarified that one of the reason they are thinking of moving the tot lot is the potential of putting a space on to the Field House that would compensate for the loss of the Acorn House.

Mayor Hershberger Thun suggested also giving the letter to the school district.

Councilmember Tieden said he was also concerned with having the tot lot over by the ball fields and said it would be a dangerous spot.

Mr. Lund commented on having it out in the open and being able to report problems.
 

-A- 2^nd Reading and Public Hearing of an Ordinance Amending Chapter 24, Parking on Minor Streets (The 1^st reading of the ordinance was at the May 8, 2008 City Council meeting)

Ms. Kretsch presented the staff report. She stated the parking will be restricted on minor streets upon reconstruction or new construction as follows: 1. no parking will be allowed on either side of streets with widths less than 24 feet, 2. parking will be allowed on one side of the street of streets with widths 24 wide up to 28 feet wide and 3. parking will be allowed on both sides of streets with widths 28 feet or wider.

She noted that the Fire Chief recommended that item three be 29 feet or wider and staff has recommended 28 feet or wider. He also requested that no parking be allowed in any cul-de-sacs.

Mayor Hershberger Thun clarified that this is not addressing signage, just no parking.

Ms. Geheren showed which neighborhoods they are talking about and explained the road widths.

Councilmember Paulsen asked when working with Met Council and the Watershed District what they are asking the streets to be. Ms. Kreft said they would support 24-28 feet.

Mayor Hershberger Thun opened the public hearing at 7:45 p.m.

Mayor Hershberger Thun closed the public hearing at 7:45 p.m.

A motion was made by Councilmember Roden, to adopt Ordinance No. 362, amending Chapter 24, Traffic and Vehicles, Article II Parking, Stopping and Standing: Section 24-57 ~ 24-60 of the Victoria City Code and includes the summary publication. The motion was seconded. With all members voting in favor, the motion carried. Vote: 5 Ayes, 0 Nays.
 

-A- Request by Scott Schmitt dba Clearwater Development for a Final Plat for 18 Single Family Homes Lots of Lakeview Meadows (currently known as the Swain Property) located on the north end of Schutz Lake (reviewed at the May 20, 2008 Planning Commission meeting)

Ms. Kreft presented the staff report and noted that they will need to have an actual permit. She said staff is recommending approval with the conditions. A draft of the developer’s agreement is also included.

Councilmember Paulsen asked about the status of the lift station and force main. Ms. Kreft said there are comments in the packet and the design details need to be worked through. Ms. Geheren said she is comfortable with staff’s recommendation.

Councilmember Roden said she needs clarification on the MLS listings and asked about the process. Ms. Kreft said there isn’t anything within the subdivision ordinance that regulates the sales of lots prior. Scott Schmitt said he was asked and before he could answer there was a motion made, so he wasn’t allowed to answer. He said it was on the MLS and has been doing this for 15 years and has never not advertised the project.

A motion was made by Councilmember Paulsen, approve Resolution No. 08-60 as drafted for Lakeview Meadows (currently known as the Swain Property). The motion was seconded.

Councilmember Amundsen commented on the process.

With the majority of the members voting in favor, the motion carried. Vote: 3 Ayes, 2 Nays, Council Member Amundsen and Roden voting against the motion.

-B- Review of Demolition Quotes for City-Owned Properties (discussed at the March 27, 2008 City Council meeting and April 23, 2008 Business Development Committee meeting)

Ms. Kreft showed a map and said the quotes are included in the packet. The low quote total cost is $38,340 and does include restoration including grading and seeding. She noted the Business Development Committee discussed the TIF impacts and agreed they are minimal, but did request staff look at a parking lot. She explained the only way to pay for the parking improvements would be to create a new TIF District and there would be no money generated to pay for this because there is no redevelopment project. She noted the amount is $280,000. Ms. Kreft stated staff is recommending approval of the resolution with the removal on Victoria Drive and the northern property on Quamoclit.

Councilmember Paulsen asked if there was any interest in development. Ms. Kreft responded that there has been some interest on the Victoria Drive parcel but not on Quamoclit.

Councilmember Amundsen said that the Business Development Committee stated that TIF is an important part of the development structure and is important for developers to come forward. He said there is too much unknown to commit and lose the money. Mayor Hershberger Thun said this is a good compromise.

Councilmember Amundsen asked if improvements can be made on the structure. Mayor Hershberger Thun said she would like them so they are not a hazard and to clean up the lawns. Mr. Osborn commented on one of the houses having a sinking roof and a porch that they will be taking off. He said they may be able to do all the asbestos abatement and not hurt the TIF money. Mr. Norton said he is concerned with the status and liability of the City with cleaning up the other properties. He stated there is not an immediate damage and it is a policy decision. Councilmember Amundsen questioned the dollar amount to take care of the asbestos and clean up the other houses. Ms. Kreft responded that they do have a quote that includes all four properties.

Councilmember Paulsen commented on the safety issues and said he thinks they should all be taken down.

Mayor Hershberger Thun commented on the CH Carpenter building and how it is falling apart.

A motion was made by Mayor Hershberger Thun, to remove all four homes and award the contract to Olson Construction. The motion was seconded.

Mr. Norton clarified the other two buildings would be included in the three year period for TIF and if nobody develops the money is lost. He stated this should be considered an action by the EDA as well as the City and he will work with the City Clerk to correct the resolution.

Mayor Hershberger Thun noted the demolition for all four homes would be completed by Tuesday, July 2^nd.

Councilmember Tieden clarified that they still have three years to sell the property for TIF.

Councilmember Amundsen said it is potentially $280,000 of the people’s money and these homes are not a danger to anyone.

With the majority of the members voting in favor, the motion carried. Vote: 4 Ayes, 1 Nays, with Council Member Amundsen voting against the motion..

Mayor Hershberger Thun suggested that within the next six months to have staff look at the CH Carpenter building. Mr. Osborn noted that it was not flooded, but kids did vandalize the building. Councilmember Roden commented on the enforcement for the abandoned buildings.

The City Council took a recess at 8:17 p.m.

The City Council reconvened at 8:24 p.m.

-C- Bayview Drive Electrical Box Relocation

Ms. Geheren provided some background information. She showed a map of the cul-de-sac and explained that in the process they had to relocate a utility box. She said the residents were not pleased with the three boxes. Ms. Geheren said the total cost for the city is $19,011.79. She said they are recommending approval of having Xcel Energy move those boxes. She noted there is adequate funding in the project fund.

Councilmember Paulsen commented on getting a better deal from Xcel Energy. Ms. Geheren said this number is the end result of lengthy discussions.

A motion was made by Councilmember Paulsen, to direct staff to relocate the three electrical boxes for a total cost of $19,011.79 as indicated in staff’s recommendation. The motion was seconded.

Councilmember Amundsen commented on fixing the area where the boxes where located and costing $500. Ms. Geheren said that was a placeholder. Mayor Hershberger Thun said all they need is some fill and sod put over it.

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

Ms. Geheren talked about incorporating rain gardens and said the residents weren’t interested in having them in their yard. Councilmember Amundsen talked about using the money to explore this and then having no interest. Ms. Geheren noted that future projects will possibly be incorporating them.

Ms. Geheren explained that the storm sewer was minimized and the sanitary sewer is in good condition. She stated Baycliffe Drive did not have 24 feet wide streets and now they will be able to get the 24 feet wide streets. She noted that there is a lift station at the end of Orchid that is subject to flooding. Ms. Geheren talked about the connectivity issue and said they will be meeting with the property owner. She said there is a slight decrease in the cost and they are still hopeful they will see a further reduction. Ms. Geheren handed out a Baycliffe street improvement cost summary.

Ms. Geheren stated that the final assessment hearing would be on July 24^th and then the project would also be awarded to the lowest bidder.

Mr. Norton said there is a question on the right-of-way control and ownership on Baycliffe Drive. He suggested they discuss possible acquisition and recommended that after adjourning they move to closed session.

A motion was made by Councilmember Tieden, to adopt Resolution No. 08-62, approving construction plans and specifications and ordering advertisement for bids for the Baycliffe Neighborhood Area Street, Drainage and Utility Improvements. The motion was seconded. With the majority of the members voting in favor, the motion carried. Vote: 4 Ayes, 1 Nay, with Council Member Paulsen voting against the motion.

Ms. Geheren noted this was an addition to the agenda. She explained that they have done inventory and there are 1,500 square yards of sod that need to be replaced. She noted the contractor did water the sod and that the sod to be replaced is mostly in non-shaded areas. Ms. Geheren stated they did get quotes from contractors to replace the sod and a summary is attached. The quotes ranged from $2.50 per square yard up to $7.00 per square yard. The quote received for removing, replacing and watering for a period of 30 days is $4.45 per square yard. She noted they would also be sending a letter to all the residents including maintenance of the sod and recommendations from the University of Minnesota.

Ms. Geheren said it is about $6,000. Councilmember Amundsen clarified that half of that is watering and asked if public works could do that and commented on laying the sod on bad soils. Ms. Geheren said they would have staff on site to verify the conditions. Mr. Norton pointed out that there are other cities with the same problems. Mr. Osborn said it is something they could do and the first week it should be watered every day and after that every other day. He noted that it would hurt staff to get other things done.

Councilmember Tieden pointed out the bid doesn’t include top soil. Ms. Geheren said they believe it is there.

Councilmember Paulsen stated he is not inclined to go along with this.

A motion was made by Councilmember Tieden, to adopt Resolution No. 08-61, directing staff to hire the recommended contractor to have sod removed, replaced and watered for a period of 30 days in the amount not to exceed $6,675. The motion was seconded.

Mayor Hershberger Thun said there is a concern with the top soil. Ms. Geheren said they will be there when the sod is removed. She noted there are 48 properties that were affected out of 150.

Mayor Hershberger Thun said that in the future it is up to the residents to keep it watered and this will be a non discussion item for future projects. Ms. Geheren said they will do a letter. Councilmember Paulsen stated that they paid for supervision of this contract before and are paying for it again.

With the majority of the members voting in favor, the motion carried. Vote: 4 Ayes, 1 Nays, with Council Member Paulsen voting against the motion.

Councilmember Amundsen asked the residents to help the city out by watering and replacing if needed.
 

Ms. Kretsch stated they are looking for comments from the City to come back by Thursday, May 29^th.

Bill Olson, Representative from the City of Victoria Lake Minnetonka Conservation District, talked about the lawn mowing budget of $169,000 today. He explained that they have re-examined this and the replacement cost of an $180,000 harvester is an issue. He said the annual costs are also increasing. Mr. Olson explained they are doing a once a year herbicide treatment in three bays killing two types of invasive species. He said they hope to spend $200,000 the first year, $200,000 the second year, $150,000 the third year, $100,000 the fourth year and the fifth year $50,000 so the maintenance can be cut down to 25%. Mr. Olson stated the goal is to find a better way of doing what they are doing.

Councilmember Amundsen commented on people who are paying for the lakes that don’t use them.

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

-A- 1^st Reading of an Ordinance Amending Chapter 2 by adding: Code of Ethics

Councilmember Roden read the following letter and asked that it be put in the minutes verbatim:

I wish to thank my colleagues for considering my draft ordinance and code of ethics for the city of Victoria. In addition to the letter in your packet regarding this draft, I would like to make a few comments about why I think Victoria should move forward on adopting an Ethics Ordinance.

I am entering my fourth year on the City Council and am impressed with the progress we have made at becoming a more professionally managed city. Whether it be the adoption of employment contracts for all senior staff or the recent hiring of our new City Administrator, or our progress on our 2008 Goals, we are working at building our capacity and increasing our own leadership as a Council.

Other examples include our work on building a resolution on the Field House, working toward a solution for the 13.5 acres, completing our draft Comprehensive Plan amendments, or our five year street restoration project, we are a city getting things done and working toward solutions.

In that spirit, I am recommending the Council consider adopting an Ethics Ordinance as many cities throughout Minnesota have done. With me tonight are one dozen examples of cities that have adopted ordinances – some communities which are smaller than Victoria and some that are much larger.

They include Tracy (2155), Montrose (2360), Melrose (3292), Shorewood (7499), Sauk Rapids (12,679), Fridley (26603), Minnetonka (51519), Maple Grove (58491), Duluth (85,170) and Rochester (98649). The City of Minneapolis where our Mike Norton was City Attorney, has a very extensive policy and procedure for its code.

Please understand that I am presenting a draft this evening and have not asked the City Attorney to review it as I am not certain that a majority of Council Members wish to move forward on this. I simply did not want the city to incur expenses if this is not the Council’s will.

So, I have served as the author and have consulted with Desyl Peterson, Minnetonka’s City Attorney, who has done a majority of training for the League of Cities on a variety of Legal matters to provide input on my draft.

Mike did call me yesterday to indicate that he had reviewed the agenda packet and had some concerns about some of the language in the Ordinance including the hearing process and penalties as well as some of the conduct requirements that he believes could brush up against the First Amendment.

I discovered this morning that Minnetonka is a charter city and can impose its own penalties. Since we are not a charter city, we could amend this language in my draft to have the penalty be considered a misdemeanor, which we would have the legal authority to do. Likewise, three cities in California have codes of ethics and conduct for city officials and employees that have very similar language concerning conduct at public meetings and respect for process. It is not clear to me why these cities would adopt this language if in fact there was a concern about the First Amendment.

Setting aside Mike’s initial concerns, if the Council is open to considering either an Ethics Ordinance or a Code of Ethics, I would respectfully request that you consider my draft and direct the City Attorney to make suggested revisions. I am open to edits and suggested changes to the Ordinance.

I do believe that as Victoria is expected to become the largest city in Carver County, we consider moving forward on this concept. The Council has often discussed the increased importance of disclosure and transparency in government. Most effective bodies have either operating ground rules or agreed upon principles of behavior. While this draft may not be perfect, I believe it is a good first draft and worthy of discussion. I would add that both the International City Managers Association and City Attorneys have adopted codes of ethics.

Quoting my 10^th grade Humanities teacher Charlotte Westby, with regard to making constructive comments, if something isn’t worth being criticized, then it probably isn’t worth much.

A couple of final comments: our own Jylan Johnson made the following comment when I approached her about adopting a code:

"The council’s fiduciary responsibility includes establishing the control environment. The framework of the city’s internal controls starts with the control environment. The control environment creates the foundation upon which all other components are based, and sets the tone of the organization, i.e., integrity and ethical values. I would strongly suggest, as would the auditors, that the council adopt a Code of Ethics. The code would promote ethical behavior and define improprieties and the resulting consequences, and certainly would of benefit to the city".

Our newspaper publisher said:

A "special" Code of Ethics might be a good thing for the City of Victoria – as long as it’s kept visible and not filed. It should be included in every Council Packet, every City Newsletter, perhaps publicly read or summarized before every Council Meeting.

In a follow up conversation with Ms. Peterson today, she did say that the time for a city to adopt such a code is when there is no issue being alleged. To my knowledge, there are no current issues. She said, "then a council can consider how it will handle an issue in a neutral environment." Incidentally, the City of Minnetonka has used this process and tightened up some of their language after a hearing.

So, thank you, colleagues for indulging me on my quest. I do appreciate your consideration.

Mayor Hershberger Thun talked about the alternatives and noted the personnel committee and finance committee did discuss it.

Councilmember Paulsen asked if the League of MN Cities has a code of ethics. Councilmember Roden said they are in the process of moving forward. Councilmember Paulsen suggested waiting for the League of MN Cities if possible.

With the majority of the members voting in favor, the motion carried. Vote: 3 Ayes, 2 Nays, with Council Members Paulsen and Roden voting against the motion.

Mayor Hershberger Thun commented on the Highway 5 open house and said they did have about 40-50 people and had good discussion. Ms. Kreft noted the open house was recorded and will be on cable. Councilmember Amundsen talked about the concerns with shutting down the roads and the inconvenience to people. He said the department of transportation will do whatever they want. Mayor Hershberger Thun noted that they need a study to be considered for the locally supported option. Councilmember Paulsen commented on filing an objection. The City Council discussed the future and legal issues with Highway 5.

Councilmember Tieden reported on the Elected Leaders Group and said they could discuss Highway 5 at the next meeting on June 5^th.

Mayor Hershberger Thun commented on the Lake Minnetonka Cable Commission and the representatives. Councilmember Paulsen talked about the data facility in Elk River and how to get what they have. Councilmember Amundsen asked that a letter be drafted congratulating the individual on the appointment representing the city.

Mayor Hershberger Thun thanked City Clerk Jennifer Kretsch for the additional work she’s taken on until Don Uram is able to start on June 9, 2008.

Councilmember Tieden commented on the series of four roundabouts by Southdale.

Mr. Norton stated that the land sale agreement is starting to move forward.

-B- Update on 13.5 Acres

Ms. Kreft said they are meeting with the attorney on the developer’s agreement and are working through some of the details. She noted they hope to have something back on June 12^th. One of the issues is the timeframe. Ms. Kreft said the tour of the facilities is on June 4^th.

Ms. Kreft noted they are still getting bids.
 

None.
 

The reason for the closed session was to discuss public ownership for a portion of Baycliffe Drive and possible valuation and condemnation.

A motion was made by Councilmember Paulsen, to move to closed session. The motion was seconded. With all members voting in favor, the motion carried. Vote: 5 Ayes, 0 Nays.
 

A motion was made by Councilmember Amundsen, to adjourn the meeting at 10:12 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.