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: Don Uram, City Administrator; Holly Kreft, Community Development Director; Angie Perera, Assistant Planner; 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 Roden, to adopt the Agenda. 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 June 12, 2008 City Council Meeting
Minutes of the June 3, 2008 Planning Commission Meeting
Carver County Sheriff Reports for May 2008
Payment of Bills $249,183.71

-A- Financial Reports for the month-ending May 31, 2008

1) Agenda Statement No. 08-179
2) Exhibits

-B- 2008-09 Laketown Township Fire Aid Agreement

1) Agenda Statement No. 08-180
2) Exhibits

-C- First Amendment to Madelyn Creek Developer’s Agreement

1) Agenda Statement No. 08-181
2) Exhibits

-D- First Reading of Ordinance Amendment for PUD language change

1) Agenda Statement No. 08-182
2) Ordinance No. 363

-E- Fox Hollow Ridge Driveway Agreement

1) Agenda Statement No. 08-183
2) Exhibits

-F- Smithtown Road Street, Drainage and Utility Improvements ~ Change Order No. 11

1) Agenda Statement No. 08-184
2) Exhibits

-G- Smithtown Road Street, Drainage and Utility Improvements ~ Payment Request No. 9

1) Agenda Statement No. 08-185
2) Exhibits

-H- St. Victoria Catholic Church request for a GL220 Application for Exempt Permit for a Lawful Gambling Raffle

1) Agenda Statement No. 08-186
2) Exhibits
3) Resolution No. 08-67

-I- St. Victoria Catholic Church request for an On-Sale One-Day Temporary Liquor License

1) Agenda Statement No. 08-187
2) Exhibits

-J- Acceptance of a donation of four white spruce trees to the City of Victoria from Lynn and Jerry Smola

1) Agenda Statement No. 08-188
2) Exhibits
3) Resolution No. 08-68

-K- 2008 City of Victoria General Election Notice of Filing

1) Agenda Statement No. 08-189
2) Exhibits

-L- Appointment of Election Judges for the September 9, 2008 Primary Election and the November 4, 2008 General Election

1) Agenda Statement No. 08-190
2) Exhibits
3) Resolution No. 08-69

Councilmember Paulsen asked that 3.C and 3.J. be removed.

A motion was made by Councilmember Paulsen, 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.

Councilmember Paulsen asked if it was a friendly amendment. Ms. Kreft responded yes.

A motion was made by Councilmember Paulsen, to approve the First Amendment to Madelyn Creek Developer’s Agreement as drafted. The motion was seconded. With all members voting in favor, the motion carried. Vote: 4 Ayes, 0 Nays.

Councilmember Tieden arrived.

Councilmember Paulsen asked for an explanation. Ms. Kreft explained this is to accept the donation, but they have not planted the trees yet.

A motion was made by Councilmember Paulsen, to accept donation of four white spruce trees to the City of Victoria from Lynn and Jerry Smola. The motion was seconded. With all members voting in favor, the motion carried. Vote: 5 Ayes, 0 Nays.
 

(4) VISITORS PRESENTATION:

None.
 

(5) OPEN FORUM:

None.
 

-A- 2^nd Reading and Public Hearing of an amendment to the Noise Ordinance No. 361, Noise, Section 13-23 through 13-33 of the Victoria City Code

Ms. Perera explained that there are four changes for the noise ordinance. The first change is adding an exception under the temporary noise permit so that residential uses are not required to obtain a noise permit. The second is the public notification process would change to 350 feet versus the 500 foot notification. The third change is the refuse hauling regarding the hours of operation. The fourth is generators for use and testing.

Mayor Hershberger Thun asked about the cost in the change from 500 feet to 350 feet for a temporary noise permit. Ms. Perera said under the temporary noise permit there is a fee of $50, which would cover the notification cost.

Mayor Hershberger Thun opened the public hearing at 6:40 p.m.

Mayor Hershberger Thun closed the public hearing at 6:40 p.m.

A motion was made by Councilmember Roden to Adopt Ordinance No. 361, an Ordinance amended as proposed for Chapter 13, Article II, Noise Section 13-22 ~ 13-33 R of the Victoria City Code. The motion was seconded. With all members voting in favor, the motion carried. Vote: 5 Ayes, 0 Nays.

-A- Baycliffe Neighborhood Area Street and Drainage Improvements ~Resolution Declaring Cost to be Assessed, Ordering Preparation of Proposed Assessment, and Calling for Hearing on Proposed Assessment

Ms. Geheren said they have received bids for the project and explained they have decided to hold the final assessment hearing before considering awarding the project. She reviewed the letter in the packet and explained that there were 9 bids received for the project. The low bidder was GMH Asphalt. Ms. Geheren reviewed the cost summary sheet, which showed decreases from the feasibility report. The Baycliffe private drive assessment would be $4,615 and the neighborhood assessment would be $16,848. Ms. Geheren stated they are in the process of negotiating on the easement. She noted there is also a revised resolution and the changes are highlighted in yellow. The final assessment hearing would be on the 24^th.

Councilmember Roden commented on the difference of $120,000 from the lowest to highest bid and asked if they have done work with GMH Asphalt. Ms. Geheren said she is comfortable with the difference being there were four others around the same amount. She said GMH has done many projects in the City of Victoria and they will also be checking references with other cities.

Councilmember Roden asked about the response from the homeowners on the significant decrease in the assessment amounts. Ms. Geheren said they just finalized the numbers.

Councilmember Paulsen asked if there is any liability or risk with the increase in oil. Ms. Geheren said this is their bid and they can’t change that amount. She noted that there is a period of time allowed to consider the bid.

A motion was made by Councilmember Roden, adopt Resolution 08-70, a Resolution Declaring Costs to be Assessed, Ordering Preparation of Proposed Assessment, and Calling for the Hearing on the Proposed Assessment for the Baycliffe Neighborhood Area Street and Drainage. The motion was seconded. With all members voting in favor, the motion carried. Vote: 5 Ayes, 0 Nays.

-B- Update on Chemical Treatment of City-owned Stormwater Ponds (previously discussed at June 12, 2008 City Council Meeting)

Ms. Kreft explained staff did more research with the Watershed District and the U of M. She stated none of the entities are regulating vegetation unless in a DNR wetland. She said what staff is recommending is not to allow chemical treatment in City owned stormwater ponds, but if due to odor, dense vegetation or other concerns raised by the homeowners association they would use the six points outlined in the staff report.

Councilmember Tieden commented on how this would be determined for the homeowners association and questioned one pond being treated and others that haven’t been. Ms. Kreft said this would be on a case by case basis for the chemical treatment only and they would work with the homeowner’s association.

Councilmember Amundsen explained the homeowners associations would have the option to put money toward the treatment of a stormwater pond. He said they would have control on what they use and there is no paying for it on behalf of the City.

A motion was made by Councilmember Paulsen, to Approve that stormwater ponds and wetlands located on City owned property be allowed to be chemically treated for vegetation per the process recommended by staff. The motion was seconded. With all members voting in favor, the motion carried. Vote: 4 Ayes, 1 Nays (Councilmember Tieden).
 

None.
 

-A- Update on 13.5 Acres

Mr. Uram said a copy of the final agreement has been given to Doran and the tentative date for closing is July 22^nd with the Three River’s Park District.

Mr. Uram said they will be meeting with the school district to review the agreement.

Mr. Uram said he had nothing to report. Councilmember Tieden asked why there was no update. Mr. Uram responded that they have been told they are finalizing bids for the project.

Mr. Uram said Southwest Metro Transit contacted the City and indicated there were going to stop providing transit service in Victoria. He has had conversations and at the current time they will continue to provide limited service based on complaints received from the citizens. The City Council discussed the services.

Mr. Uram said he was contacted by the Red Cross regarding using the Field House gymnasium for a disaster shelter in case of an emergency. Mayor Hershberger Thun noted the Field House is used for an emergency place for Holy Family.

Mr. Uram reported that all four buildings are down and one is almost restored.

Mr. Uram said there was a finance committee meeting on Tuesday that they talked about the 2009 budget. There will be a budget workshop meeting on July 10^th at the City Council meeting. Mr. Uram noted there was less than a half percent increase in the median home value. He stated they can maintain the same tax rate as last year, which would mean an increase in the City portion of the taxes of about $9.00.

Councilmember Amundsen commented on not being able to understand the cost benefit analysis. Mayor Hershberger Thun noted there were a lot of questions and they sent it back to Mr. Uram.

Mr. Uram talked about the redevelopment of the downtown area with a grocery store and pharmacy. He noted it is an expensive project for the City. He explained one of the questions is does the proposal as submitted meet the vision for the downtown area and how does that impact the adjacent land owners. Another question is the benefit.

Councilmember Roden commented on the project and said there needs to be more information on the numbers.

Councilmember Amundsen commented on the financial requirements.

Councilmember Paulsen said he is concerned with the speed and understanding the vitality. He talked about the history of the bank.

Ms. Kreft noted the concept plan review is not a commitment. She said the developer has met with Klein Bank.

Mayor Hershberger Thun stated there is a lot of work that needs to take place.

The City Council discussed the properties and the best use of Commercial Avenue.

Councilmember Amundsen stated the one way on Quamoclit is a deal breaker with regards to the bank.

Councilmember Amundsen commented on this having to be a convenience store used by a lot of people.

Ms. Kreft noted the concept plan will be going to the Planning Commission on July 1^st.

Councilmember Paulsen talked about communication with the bond holders and asked staff to further investigate how they can obtain the names and addresses of those who hold the bonds.

Mr. Uram said he will do some research.

Councilmember Roden commented on the gravel road that begins on Park Drive and asked who owns that. She said they need to do some dust abatement on that road. Ms. Geheren said she thinks it is a private park district road. Councilmember Amundsen commented on the obligation to the citizens to stop the dust.

Councilmember Tieden talked about the Association of Carver County Elected Leaders meeting. He said the number one interest was fiber optics. Councilmember Tieden read a letter regarding fiber optics and how fast it is moving along. The City Council discussed the infrastructure.

Mayor Hershberger Thun reminded everyone of the next concert in the park on July 9^th.

Mayor Hershberger Thun commented on a speaker at the Regional Council Mayors meeting on the economy and challenges. She said it was an educational meeting and the council members can get copies if they would like.
 

None.
 

None.
 

A motion was made by Councilmember Tieden, to adjourn the meeting at 7:55 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.