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, Tom O'Connor and Jim Paulsen.

Absent: Councilmember Kim Roden

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, Unsie Zuege, The Chanhassen Villager and others.
 

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

(3) OPEN FORUM:

Chris Moultrie, 836 Gannon Way and Bruce Carver, 824 Gannon Way, said they represent the Greenway on the Park Association. Mr. Moultrie stated that he would like to discuss the berm that the soccer field has taken over. Mr. Carver stated this is a liability issue. He said there used to be a natural landscaped grass area that was part of the development, but has been removed and has been graded up to their fence line. He explained that since the dirt has been raised up there is not a barrier to separate the soccer field community area and their properties. Mr. Moultrie said he has letters from three homeowners who are impacted by the raising of the soccer fields. Mr. Carver stated that several notifications were received for the potential installation of gutters and curbs as part of the construction for the Field House’s second sheet of ice and parking lot but in a letter dated September 18, 2008 there was no a mention of raising the soccer fields.

Ms. Mahnke said she would like to set up a meeting with the neighbors to discuss the concerns regarding the soccer fields prior to making recommendations to the City Council.

Mr. Uram explained that the soccer fields were built as two separate soccer fields with drainage between them. He stated at the east and west ends the elevations came up about a foot to a foot and a half and the center portion was brought up about six feet. He stated the measurements were within a fraction of the approved grading plan.

Councilmember Amundsen said he remembers the height being four feet when it was presented. He stated there is plenty of dirt to make berms to bring the soccer fields down to four feet.

Mr. Uram said they will prepare a report and come back to the City Council.
 

(4) VISITORS PRESENTATION:

Councilmember Amundsen removed item B.

Mayor Hershberger Thun removed item A.

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: 4 Ayes, 0 Nays.

Mayor Hershberger Thun read a memo that was received regarding the City bidding out the trash service for all citizens of the city. The memo commented on the noise, the road deterioration and lowering the costs. Mayor Hershberger Thun noted there is no question about the organic disposal.

Councilmember Paulsen said they tried have one hauler in Deer Run and were not successful.

Mayor Hershberger Thun noted there are seven garbage haulers in the city.

Councilmember O'Connor questioned if there is evidence on the road damage.

Councilmember O'Connor asked if there is a metric for a community the size of Victoria. Mr. Uram said for 6,500 residents seven haulers seem like a lot.

Councilmember Paulsen asked what the permit cost is. Mayor Hershberger Thun responded that it is $25 per truck that is brought in.

Councilmember Amundsen suggested asking homeowner’s associations that have a neighborhood hauler what they pay so that can be provided to other groups.

A motion was made by Mayor Hershberger Thun, to approve the request of a Recycling Hauler’s License for Organic Disposal, LLC. The motion was seconded. With all members voting in favor, the motion carried. Vote: 3 Ayes, 1 Nay (Amundsen).

Councilmember Amundsen said other municipalities voted not to support the resolution and asked why. Mr. Uram said he is not aware of other communities. Mayor Hershberger Thun stated others opted out on supporting the South Shore Senior Center. Councilmember O'Connor commented on a discussion of the sale of a Senior Center in Shorewood to the Lake Minnetonka Communications Commission and said the Lake Minnetonka Communications Commission ended that whole discussion. He said the proposal is now to buy the existing headquarters for the cost that it would be to lease. Councilmember O'Connor noted there is no financial impact on voting.

A motion was made by Councilmember Amundsen, to approve Resolution No. 09-51; a Resolution approving the Acquisition of Real Estate by the Lake Minnetonka Communications Commission. The motion was seconded. With all members voting in favor, the motion carried. Vote: 4 Ayes, 0 Nays.
 

-A- Approve the May 11, 2009 Claims Roster in the amount of $191,925.58.

A motion was made by Councilmember Amundsen, to Approve the Claims Roster in the amount of $191,925.58. The motion was seconded. With all members voting in favor, the motion carried. Vote: 4 Ayes, 0 Nays.
 

A motion was made by Mayor Hershberger Thun, to Accept the $100 donation from Rising Star Dance Academy for the 2009 Concerts in the Park Series. The motion was seconded. With all members voting in favor, the motion carried. Vote: 4 Ayes, 0 Nays.
 

None.
 

Ms. Geheren explained the feasibility report for the Downtown Phase II Street Improvements were considered at the May 11^th meeting and additional information was requested.

Ms. Geheren said the summary of the City portion of the project cost included in the packet. She showed a spreadsheet that details the cost allocations with 75% being assessed and 100% being assessed. The net City share of cost at 75% assessed is approximately $327,000,000 and at 100% assessed the approximate total is $271,000,000. Ms. Geheren noted there is also an updated preliminary assessment role in the packet.

Ms. Geheren explained the history of the assessment and said the city decided to contribute 25% to the project cost of the Downtown Phase 1 Improvement project and at the same time the City was also looking at the Special Assessment Policy. She said the language in the Special Assessment Policy states: projects that fall within a Commercial Industrial or Commercial Business District shall be assessed 100% of the total project cost or determined on a project by project basis. She noted that the Special Assessment Policy was adopted after the Phase I project was finalized. Ms. Geheren said that staff is recommending continuing with the 25% for the Phase II project.

Ms. Geheren said the next request was a comparison of the infrastructure cost compared to what was discussed during the Fresh Seasons project approval. She said at that time the infrastructure costs for Tower Boulevard and Quamoclit Street were estimated at $900,000 with the city contributing $700,000. She noted that the project scope has changed. Ms. Geheren said full replacement of the sanitary sewer was also discovered.

Ms. Geheren said the next question was related to the proposed street parking plan related to the Lakeside Development. She explained that when the City reviewed the Lakeside project the plan showed nine parking stalls, possibly ten along Stieger Lake Lane. She stated the project plan includes the construction of those stalls as part of the project.

Ms. Geheren commented on the truck access as it relates to the Fresh Seasons Grocery Store and showed a map of the area of concern. She said a lot of time was spent deciding on what would be the best way to restore the area behind the curb and said they are looking at putting in reinforced concrete.

Councilmember Paulsen asked how tight the roads will be for the trucks. Ms. Geheren said the movements work on paper but it is tight. Councilmember Paulsen asked how many feet the trucks will have to move over. Ms. Geheren said it was down the middle of a 26 foot wide road. She said they could get to the middle without going over the curb line.

Councilmember Paulsen asked what the City’s source of money is for the Downtown Phase II Project. Mr. Uram said it is combination of bond funds and TIF pooling from other TIF Districts. He noted the majority of the funds would come from bonding and about $20,000 per year in TIF pooling.

Councilmember Paulsen questioned the $150,000 cash from Terry Hartman or in-kind transfer. Mr. Uram said the City Council had previously indicated doing in-kind improvements to the downtown park, but they still need a plan and dollar amount for the improvements.

Councilmember Paulsen commented on there being a variance between what the City’s costs are. He said there needs to be a focus on a global perspective on the amount of money the City has put in downtown. He stated there needs to be an understanding of how much is put into the streets, bonds, grocery store and how much more it is going to cost. Councilmember Paulsen said there are also long term maintenance issues in the city that need to be taken care of.

Councilmember O'Connor asked for a description on the sense of stretch with the financing. Mr. Uram said the three million dollars per year for street reconstruction projects was used as a benchmark so the program presented fits in with the overall financing program for street reconstruction.

Councilmember Amundsen commented on the assessment policy being changed four months after the Downtown Phase 1 Improvements were completed. He said the recommendation is to be consistent with Phase 1, but to go against the Special Assessment Policy that was voted on. He questioned if it is bad form to go against the policy that was put in place. Mr. Norton explained the residential policy has to be adhered to. He said the City reserved the right to modify the policy as determined on a project by project basis. Councilmember Amundsen talked about precedent and asked if the consistency with Downtown Phase 1 could be justified on the project by project basis. Mr. Norton said he would have to sit down and talk about the differences in the project with the City Engineer. Councilmember Amundsen stated he is not opposed to a 75% assessment but would be opposed to doing something that doesn’t demonstrate consistency.

Ms. Geheren noted the Special Assessment Policy is set up to handle any type of improvement that could be assessed.

Councilmember Paulsen reiterated that there needs to be an understanding on what the City’s investment is. Councilmember O'Connor said it would be helpful to have that information sorted out before the 13.5 acres starts developing.

Mayor Hershberger Thun stated she would be more comfortable having the policy state 75/25 as opposed to project by project. Mr. Norton said the policy could be looked at independently. He said he would work with staff on why and when the City would go to a 100% assessment. Councilmember O'Connor commented on opening up to justifiable criticism if the next phase or project in downtown goes to a 100% assessment.

Councilmember Amundsen noted that on May 8, 2003 the assessment policy was changed to 100%. Mr. Norton said in the context with this decision he believes the 75% assessment is consistent.

Mayor Hershberger Thun summarized the requests are for the total amount of money that has been spent and the Special Assessment Policy.

Councilmember Amundsen asked what the other phases would be. Ms. Geheren said the future phases are Stieger Lake Lane and Commercial Avenue. Councilmember Paulsen questioned future obligations. Ms. Geheren said they did do cost estimates for everything left.
 

None.
 

Mr. Uram reported that an agreement has been reached with the School District on the option price.

Councilmember Paulsen asked if when updating the ordinances if anything has been identified as an error where a moratorium needs to be declared at this time. Mr. Uram said nothing has been identified. Ms. Kreft stated no, the Planning Commission discussed zoning ordinance updates last month but nothing was brought forward for a need of a moratorium.

Councilmember O'Connor commented on an article in the paper on Shoreview’s pervious construction of streetscape. Ms. Geheren said they are looking to see if there is an appropriate place to make use of pervious pavers.

Councilmember O'Connor commented on the Powers Crossing Professional Center on the new Hwy 212 and said he was reminded that there is a piece of property owned by the City that is a significant size on County Road 10.

Councilmember Amundsen commented on the City of Orono doing things differently so review of the Minnehaha Creek Watershed District was not required and asked how that works. Ms. Geheren said they have discussed it. Councilmember Paulsen said it would be helpful if they could see the 2008 financial statements. He said he would also like clarification on the last paragraph on page 64 of the 2007 annual audit.

Councilmember Paulsen asked if Fresh Seasons could have been built with the proposed restrictions from the Watershed District. Ms. Geheren said the draft language has different steps. Councilmember Paulsen asked how the restrictions would impact the 13.5 acres. Ms. Geheren said the 13.5 acres would be subject to the regulations. Ms. Geheren noted there is a joint meeting on Thursday night with the Technical Advisory Committee and the Citizens Advisory Committee.

Councilmember Amundsen commented on the Governor’s attitude towards cities. He said the LGA changes will have no impact to the City of Victoria. Mayor Hershberger Thun noted the market values might be affected. Mr. Uram said he does not expect to get any aid from the State of Minnesota.

Mayor Hershberger Thun reported that the Senior Commission is having a Conversation with the Clergy on June 11^th.

Mayor Hershberger Thun asked for discussion on the ACCEL group and if participation should continue. It was agreed to continue participating.
 

None.
 

None.
 

A motion was made by Councilmember O'Connor, to adjourn the meeting at 7:44 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.