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, Kim Roden and Rick Tieden.

Absent: Councilmember Jim Paulsen.

Staff Present: Don Uram, City Administrator; Holly Kreft, Community Development Director, Cara Geheren, City Engineer; Mike Norton, City Attorney, Jylan Johnson, Finance Director; and Angie Perera, Assistant Planner.

Others Present: Terry Hartman, Business Development Committee; Sue Orsen, The Victoria Gazette, Unsie Zuege, The Chanhassen Villager and others.

Mayor Hershberger Thun asked that agenda item 8.A. be moved up.

Mr. Uram stated there is a minor modification to the liquor license renewal under item 3.I. to add a couple of businesses.

A motion was made by Councilmember Amundsen, 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.

Ms. Kreft presented the staff report. She said a survey is in the packet along with the plan that was distributed. Ms. Kreft explained the expansion will be on the west side of the building, which requires removal of the Acorn House. She said that number 8 indicates the potential meeting space, daycare and/or senior area. The proposed parking area is letter C. Ms. Kreft said the Planning Commission reviewed this and had concerns about the access from the parking lot to the soccer fields. She said there was also discussion about the meeting space and if that was adequate. Ms. Kreft stated Staff and the Planning Commission are recommending approval of the minor subdivision.

Councilmember Roden asked for an update on the berming issue brought up by a resident. Ms. Kreft said there was discussion on whether to have it on west side of Kochia or along Kochia on the east side next to the parking. She said she did contact the homeowner and asked that they provide additional information from the neighborhood.

Mayor Hershberger Thun said they received a letter from a resident on Allegheny Court that was concerned with the placement of the ice and getting rid of the Acorn House with the possible historic value. There is also a concern with the current children’s play area. Mayor Hershberger Thun said the feeling is they would be gaining a lot allowing the second sheet of ice to replace the Acorn House with the proposition to modify some of the interior of the Field House and adding the additional space along with moving the playground. She stated this is also a benefit in terms of site lines.

Councilmember Amundsen asked why the storm water pond can’t be an extension of the existing wetland. Ms. Kreft said they met with the Watershed District and wetlands and buffers are regulated by the District. Councilmember Amundsen commented on changing what was already created and digging another hole when there is an existing one.

Steve Pumper, Director of Finance and Operations with District 112, said they do not want to dig a new whole but are bound by requirements of the Watershed District. Steve Miller, Architect, explained the regulations do not allow them to mix the designated wetland with the storm water retention area. He noted the site plan as shown is considered to be the worst-case scenario. He said they would like to look at an option that might leave the existing pond that is east of the current parking area and leave the small pond that is north of the gravel parking area and try to find another location for a retention pond.

A motion was made by Councilmember Tieden, to adopt Resolution No. 08-66, a resolution approving the minor subdivision for School District 112 for the expansion of the Victoria Field House with the modifications in the packet. 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 May 22, 2008 City Council Meeting
Payment of Bills $276,399.72

-A- Appointment of Marques Doppler to the Business Development Committee

1) Agenda Statement No. 08-162
2) Exhibits

-B- Business Spotlight at City Council Meetings (recommended at May 27, 2008 Business Development Committee

1) Agenda Statement No. 08-163
2) Exhibits

-C- Donations for the Concerts in the Park Series from Hartman Tree Farm, US Charitable Gift Trust, MVEC, Party Pizza (Troy Snell), ART Properties (Ann Roeder) and Party Pizza for T-Ball/Coach Pitch

1) Agenda Statement No. 08-164
2) Exhibits
3) Resolution No. 08-63

-D- Field House Membership Summary and Monthly Financials

1) Agenda Statement No. 08-165
2) Exhibits

-E- DELETED

-F- Follow-up on Minnetonka Youth Hockey Associations 2006 Ice Referrals

1) Agenda Statement No. 08-167
2) Exhibits

-G- Proposal for issuance of a revenue note to refinance the Pagel Center on behalf of The Minnetonka Youth Hockey Association (the Corporation), and calling for a public hearing

1) Agenda Statement No. 08-168
2) Exhibits

-H- Victoria Lions Club request for an On-Sale Three-Day Temporary Liquor License for the Victoria Lions Softball Tournament

1) Agenda Statement No. 08-169
2) Exhibits

-I- Liquor License renewals effective July 1, 2008 ~ June 30, 2009

1) Agenda Statement No. 08-170
2) Exhibits

Mayor Hershberger Thun removed the minutes of the May 22, 2008 City Council Meeting.

Councilmember Roden removed Item G.

A motion was made by Councilmember Roden, 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 May 22, 2008 City Council Meeting

Mayor Hershberger Thun corrected page 14 in the middle the motion should read: With the majority of the members voting in favor, the motion carried. Vote: 3 Ayes, 2 Nays, with Council Members Tieden and Amundsen voting against the motion.

A motion was made by Mayor Hershberger Thun, to adopt the minutes of the May 22, 2008 City Council Meeting. The motion was seconded. With all members voting in favor, the motion carried. Vote: 4 Ayes, 0 Nays.

-G- Proposal for issuance of a revenue note to refinance the Pagel Center on behalf of The Minnetonka Youth Hockey Association (the Corporation), and calling for a public hearing

Councilmember Roden asked what is going on. Ms. Johnson responded that they didn’t give her any specifics just that they are postponing to look at other options. Councilmember Roden commented on resolutions the past matters. Mr. Kuntz explained that the payments are up to date for 2006 and 2007. He said they could be reminding of the outstanding issues. Mayor Hershberger Thun said a call should be made to them on the outstanding claim. Mr. Uram said he and Mr. Norton can work together on this and contact the association and come back with an update. Councilmember Tieden commented on resolving the issue in conjunction with the financing. Mr. Kuntz said there are two issues one is the claim and the other is a separate issue with Minnetonka being required to make certain referrals to the City of Victoria in lieu of payment and has been verified that they have made those payments.
 

(4) VISITORS PRESENTATION:

-A- Sally Koeneke, Lake Minnetonka Cable Commission

Mayor Hershberger Thun presented a certificate of appreciation to Henry Pryor.

Mr. Pryor said he is a volunteer and his two main interests as a representative for Victoria are good customer service from Mediacom and the other issue is broadband.

Sally Koeneke, Executive Director, noted the budget was presented prior to the meeting. She said she will have Eric Lampland speak on what is going on with broadband.

Mayor Hershberger Thun said Councilmember Paulsen who is absent had some questions and asked if the LMCC is the appropriate group to push forward the fiber optic broadband. Ms. Koeneke referred to the history and going from a cable commission to communications and the interest for the cities to have an organization that puts the time in to do the research.

Councilmember Tieden asked about fiber optic and broadband. Ms. Koeneke explained that broadband works off of fiber optics.

Mayor Hershberger Thun asked how LMCC is involved with fiber optics and the amount of money budgeted for that. Ms. Koeneke responded that the LMCC sees it as they are acting as a study commission. The LMCC helps cities get educated.

Mr. Lampland, President of Lookout Point Communications, talked about fiber optics. He noted the average cost for a megabit of service is about $35/month. He said he brought a report that discusses the status. He also brought a survey of the 60 cities that have fiber optic networks in place and what the benefits have been. He talked about cities looking at doing it collectively.

Councilmember Tieden referred to the Carver County Elected Leaders group and said the number one issue that they voted on was fiber optic.
 

(5) OPEN FORUM:

Bob Asmus, said he has lived in Victoria for 20 years and asked when they will get a grocery store. Mayor Hershberger Thun responded that they are still working with a developer. She said they are not giving up on it and realize it is something the community is asking for. Mr. Asmus commented on it always getting put off and asked what is the timetable. Mayor Hershberger Thun said the latest discussion would be at least a year. Mr. Uram noted it is a priority of the City Council and they are committed to expediting the process. Councilmember Roden commented on the grocery business and said the business needs about 10,000 in population in order for a grocer to be viable. She said there is a very low margin and the business is very competitive. Councilmember Roden commented on the residential growth factor and the advertising as impacting factors with the economy. Mr. Asmus stated don’t forget a library.
 

None.
 

-A- Multi-unit Irrigation Water Rate Structure

Ms. Johnson said this issue has to do with the town home associations that use centralized irrigation systems. She provided some background information and said it would be for individual town homes only. Ms. Johnson explained the calculation with an average of an 11% increase as compared to last years. She noted they talked to a couple of the associations and they are pleased. This is a recommendation made by the finance committee.

Councilmember Tieden commented on this being simplistic. Councilmember Roden explained the issue was with the water treatment plant cash flow. The other issue was the recommendations from the consultant on the water rate structure and implementing those. The third effort was to try and figure out the negative impacts. Councilmember Roden said there was also a concern about the limitations of the water billing system with implementation and fairness.

Councilmember Amundsen asked about the rain sensors and if the sprinklers stop if it is raining.

Mayor Hershberger Thun said letters will be sent to the homeowners associations and they will have to apply for this.

A motion was made by Councilmember Tieden, to allow homeowner associations with multi-family units using centralized irrigation systems to adjust to the multi-unit water rate structure. The motion was seconded. With all members voting in favor, the motion carried. Vote: 4 Ayes, 0 Nays.

-B- Doran Developer’s Agreement (discussed at May 8^th Council Meeting)

Ms. Kreft presented the staff report and said it includes phases in order to do the proposed development with Doran Companies. She reviewed the three main deadlines within the agreement.

Councilmember Roden asked about the developer looking for assistance from the City. Ms. Kreft referred to a 429 process. Mayor Hershberger Thun commented on doing the infrastructure to the west side of the bridge. Ms. Kreft said the reconstruction cost would be approximately $450,000 and they would anticipate using 429 process and assessments.

A motion was made by Councilmember Roden, to adopt resolution no. 08-64 authoring the execution of the Contract for Private development including sale of real estate between the City of Victoria and Doran Development LLC. The motion was seconded. With all members voting in favor, the motion carried. Vote: 4 Ayes, 0 Nays.

-C- 1^st Reading of an Ordinance Amending Chapter 13; Noise

Ms. Perera said that staff received inquiries pertaining to the ordinance on whether or not residents would be required to obtain a temporary noise permit for private gatherings and that has been clarified in the draft. She said there was also an issue with the use of generators and that has been specified to address that concern. The third concern was with the hourly restrictions on certain operations regarding the garbage pick up and clarification has been made to that. Ms. Perera explained there was also discussion on changing sending out notifications to residents within 350 feet as opposed to 500 feet. There will be a public hearing at the June 26^th.

Ms. Kreft provided a brief overview and said the next step is to determine a locally supported option to allow Mn/DOT to move forward with a schematic. She stated that Staff’s recommendation is the 150-foot corridor. She stated they are also recommending full access intersections at Minnewashta Parkway, Rolling Acres Road, Park Drive/Kochia Lane, 80^th Street, County Road 11 and Victoria Drive. Ms. Kreft said they are also recommending a ¾ access at 78^th Street/Stieger Lake Lane and a right-in, right-out access at Quamoclit, Rose Street (north of TH 5) and 81^st Street. She noted that this would require property purchases for six homes with direct access to Highway 5 west of Bavaria Road.

A motion was made by Councilmember Tieden, to adopt resolution 08-65 approving a locally supported option for TH 5 corridor expansion with the 150 feet. The motion was seconded.

Mayor Hershberger Thun thanked Ms. Kreft, Ms. Geheren and the Victoria Gazette.

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

Councilmember Tieden commented on the Carver County Elected Leaders Group and said he was the only person that voted for Highway 5 as the biggest concern.

Ms. Kreft explained three proposals were received and they are included in the packet as well as a spreadsheet that summarizes them. The Business Development Committee recommended accepting the proposal from Hoisington Koegler in the amount of $14,500. She noted this is not a budgeted item for 2008, but there are still funds available in the planning department.

Councilmember Roden commented on the timing of this with looking at options with the CH Carpenter building. Ms. Kreft said the proposals include three concept plans with different scenarios of redevelopment in the downtown area.

Councilmember Amundsen said this goes from border to border in downtown and will help in the planning stages.

Mayor Hershberger Thun asked when this would be done. Ms. Kreft responded 60-90 days and said it is separate from the comprehensive plan.

Councilmember Tieden commented on the history with TKDA and the knowledge they have. It was noted that they were $4,000 more.

A motion was made by Councilmember Amundsen, to Authorize staff into a contract with HKGi for the Downtown Master Plan. The motion was seconded.

Ms. Kreft responded to Councilmember Tieden’s comment and said the Business Development Committee thought it would be nice to have a new perspective and will still work closely with TKDA on the process. Mayor Hershberger Thun asked for guidance from Mr. Uram. Mr. Uram said he likes the idea of combining all the properties. He noted if there is a concern with the timing this could probably wait about 60 days. He said he has worked with the Hoisington Koegler group and has a lot of respect for them. Mr. Uram stated he supports staff’s recommendation

Councilmember Amundsen said they could enter into an agreement and have an addendum with the timing. He commented on the price if they wait.

Councilmember Tieden asked about the diversity and TKDA. Mr. Uram said he personally likes to use different consulting firms to look at things differently.

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

Ms. Kreft explained that they have received requests from privately owned and city owned stormwater ponds. She said currently there is a request from the Savanna Valley neighborhood to chemically treat both the stormwater pond and the wetland for duck weed. Ms. Kreft said that the Minnehaha Creek Watershed District doesn’t regulate wetland or stormwater vegetation. She stated that staff is recommending to not allow stormwater ponds and wetlands to be chemically treated.

Councilmember Tieden asked how many the City owns. Ms. Kreft responded about 30-40. Councilmember Tieden asked about the cost. Ms. Kreft said for the chemical treatment it was about $2,000.

A motion was made by Councilmember Roden, to Adopt agenda statement no. 08-178, accepting the staff recommendation that the stormwater ponds and wetlands on City owned property not be allowed to be chemically treated for vegetation. The motion was seconded.

Councilmember Amundsen said this is a serious issue and talked about the smell and overgrowth. He stated it should be looked at on an individual basis. He said he would like more specifics and discussion. Mayor Hershberger Thun suggested generally making this statement but realizing they would have to look at each individual situation. Councilmember Amundsen suggested having a policy saying it is not typically within the City’s purveyance and the City’s responsibility to chemically treat ponds.

A motion was made by Councilmember Amundsen to table this to allow for greater discussion and have Staff look at specific circumstances and answer specific questions as to how to deal with a complex circumstance when there is a policy that says absolutely not. The motion was seconded. With all members voting in favor, the motion carried. Vote: 4 Ayes, 0 Nays.

Mr. Norton reported the League of MN City’s is doing a comprehensive analysis of the legislation.

Mayor Hershberger Thun commented on the concerts in the park and reminded everyone that if it is raining the concerts are held inside at ice arena in the Field House otherwise they are Lions Park.

Councilmember Amundsen clarified that the homes being removed in the downtown were not in danger of falling down.

Councilmember Amundsen commented on the Chamber of Commerce’s being together and getting stronger by including others and other ideas. Councilmember Roden commented on the Twin West Chamber. Mayor Hershberger Thun talked about a letter in the Chanhassen Villager from a resident regarding the merger of the Chamber’s. Councilmember Tieden talked about working together with the Carver County Elected Leaders Group and reiterated the number one issue was the fiber optics and said that number two was the sharing of equipment.

None.

None.

A motion was made by Councilmember Tieden to adjourn the meeting at 8:30 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.