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, Jim Paulsen and Kim Roden.

Absent: None.

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, and others.
 

Mr. Uram said there is an amended resolution for the donations.

A motion was made by Councilmember Paulsen, to adopt the Agenda as amended. The motion was seconded. With all members voting in favor, the motion carried. Vote: 5 Ayes, 0 Nays.
 

(3) OPEN FORUM:

None.
 

(4) VISITORS PRESENTATION:

None.
 

Councilmember Roden removed the minutes of the June 22, 2009 City Council Workshop.

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: 5 Ayes, 0 Nays.

Councilmember Roden corrected the second sentence at the top of page two to read: She noted that she is not satisfied at all with the documents.

Councilmember Roden corrected the first paragraph on page three to read: She said they also need to know who is hiring them, what happens if there is a difference of opinion and who the homeowner is supposed to go to if a dispute needs to be resolved. Councilmember Roden added to the next sentence: She stated the homeowner has no leverage with the contractor's insurance company, only the Metropolitan Council does and they should intervene.

Councilmember Roden corrected the second sentence in the third paragraph on page three to read: She said she had someone knowledgeable about commercial construction contracts look over the documents. Councilmember Roden corrected the next sentence to read: She said the contractor should have to prove that the work done did not cause the damage.

Councilmember Roden added the following to the last sentence in the third to the last paragraph on page three: He acknowledged that there was a death on a St. Paul project similar to the one proposed.

Councilmember Roden corrected the third paragraph on page four to read: Councilmember Roden asked about implied authority and accountability when the city issues permits.

Councilmember Roden corrected the second to last paragraph on page four to read: Councilmember Amundsen said he doesn't think Exhibit 3 is bad if it works. He commented on the appointed representative and said that person is way too insulated and everything is directed to staff.

Councilmember Paulsen added the following question to the beginning of the minutes: What authority does the city have to enforce a contract when there is not a party to the contract or specifically how can we assert a remedy when we are not a party to the contract.

Councilmember Amundsen said he believes that the death in the St. Paul project was with the storm water sewer and is not similar to this project. Mr. Norton said they were doing work in an existing storm sewer. Councilmember Roden stated that the proposal for phase two involves three, 6-foot long tunnels dug at 100 feet deep.

A motion was made by Councilmember Roden, to accept the amended June 22, 2009 City Council Workshop Minutes. The motion was seconded. With all members voting in favor, the motion carried. Vote: 5 Ayes, 0 Nays.

-A- Approve the June 22, 2009 Claims Roster in the amount of $947,594.88.

A motion was made by O'Connor, to Approve the Claims Roster in the amount of $947,594.88. The motion was seconded.

Councilmember Paulsen noted that he did not have a chance to review the roster so he would be abstaining.

With the majority of the members voting in favor, the motion carried. Vote: 4 Ayes, 1 Abstain (Paulsen), 0 Nays.
 

Mayor Hershberger Thun stated there was a donation in the amount of $100 from Power Systems, LLC for the 2009 Concerts in the Park and a donation from Deer Run Homeowners Group in the amount of $150 to the Victoria Fire Department.

A motion was made by Roden, to Accept the donations. The motion was seconded. With all members voting in favor, the motion carried. Vote: 5 Ayes, 0 Nays.
 

None.
 

Mr. Norton explained that staff clarified a few areas in the proposed ordinance. He said they also amended section 1-I dealing with the parking fund and how to clarify the value of parking spaces that would be computed. Mr. Norton stated there is a new section on alternative compliance in which the City can consider alternative forms of compliance, which serve a public purpose such as amenities. He stated one of the ways a contractor can satisfy the parking requirements for downtown would be to provide a contract from a third party and not pay anything into the City's fund or construct the parking spaces. He stated that this type of contract needs to be continuously maintained.

Ms. Kreft said additional information was included in the packet regarding the downtown open house. She stated that at the June Business Development Committee meeting all the options were reviewed and their recommendation at this time was not to pursue any of those options but to continue to monitor parking in the downtown and also provide the follow up information to the business community that was at the open house.

Councilmember Roden said there was a lot of discussion at the open house and a lot of business owners attended. She noted there were also discussions on longer-term strategies.

Councilmember Paulsen added the following memorandum:

To: Don Uram

From: Jim Paulsen

Re: First Reading of Revised Shared Parking Ordinance

My questions concerning the above referenced matter are outlined below. Rather than take council time; I would appreciate a written response to each question at least ten (10) days prior to the next meeting.

1. Has the earlier request by Council member Amundsen as to the projected cost of structured parking downtown been commenced, in process or completed?

2. How will these costs be funded in future councils choose in kind compensation such as parks over cash? What metrics or financial guidelines have been reviewed?

3. Should the potential future parking cost be accounted for as a contingent liability? If so; How? If not; Why not?

4. When we well the 40 spaced so daytime parking to Mr. Hartmann; who can we sell the night time parking to and for what amount? If not, how does the proposed ordinance take "advantage of the different peak parking periods"?

5. When we sell property or an interest in same do we get an appraisal? Do we get an appraisal when we buy property? What are the assumptions in each?

6. In their rejection of the proposed parking solutions; what sort of cost and/or benefit analysis did the Business Development Committee do?

7. If the proposed parking options indicated directly above were not acceptable to Business Development; what options do they offer?

8. Are we proposing to enter into a Shared Parking Ordinance without a financial study of any kind?

9. When the "applicant provides a shared parking analysis to the standard developed by the Planning Director"; are we not going to get an expert to review the City's interest or, are we going to rely totally on staff?

10. After the Contract referenced in "(f) Contract Required" what is the city's future liability if for some reason it does not work as planned over time? Where is the exculpatory language in the proposed ordinance?

Mr. Uram recommending pushing the second reading off to August which would provide enough time to respond to Councilmember Paulsen's questions. Ms. Kreft said the earliest they could have it would be August 10^th to meet deadlines for publication.

Councilmember Amundsen commented on the view of the Business Development Committee and staff providing innovative ways to provide for input. He said at the open house meeting certain people were expecting the City to solve the problem. Councilmember Amundsen said that staff did a great job on finding the greatest areas of concern right now. He stated they continue to try and meet the needs of the community. He referred to the ordinance and questioned how they can ensure to cover the needs when donations are going to be accepted in lieu of parking. He also questioned if this would be adequate for future councils. Mr. Norton said the alternative compliance was put in to provide additional discretion. He said the problem is always going to be with how future City Councils and future City Administrators manage the ordinance and program. Councilmember Amundsen said they also need to see how the cash is allocated and accounted. Mr. Norton said he agrees that staff needs to keep track of this and have a good record. He said he needs to find out if there is an accounting standard that the City needs to follow. Councilmember Amundsen talked about being creative with the parking and having a fund or something else. Councilmember O'Connor stated this needs to be judiciously applied and there should be a strategic benefit.

Councilmember Roden commented on the theory behind shared parking and noted that most of the literature calls it smart parking. She said she thinks it is a better way to have a more dense useful downtown. She stated the ordinance has to be continuously reviewed.
 

-A- Schutz Lake Association's request for funding to cost-share the harvesting of aquatic plants and algae from Schutz Lake

Councilmember Roden noted that she will participate in the comments but will not be voting because she lives on the lake.

Ms. Kreft explained this request is from the Schutz Lake Association to help with the harvesting of invasive species. She said that as noted in the letter from Mike Shouldice who is the chair of the association, they are requesting a 15% contribution or $750.

Ms. Kreft stated that staff reviewed the policy that was established last year for City-owned storm water ponds and wetlands and based on that it seemed clear that the City would not be cost sharing in these types of activities above and beyond the standard maintenance. She noted that staff does support the harvesting and removal of exotic species, but staff is recommending against cost sharing.

Scott Wright, 6860 Rolling Acres Road, said he is here on behalf of the association. He asked if there has been previous precedent set anywhere and what they should look to in the future for City participation. He noted the association hopes to do a chemical treatment in the future.

Councilmember Amundsen commented on Archie's landing. Mr. Wright said that is a private access. Councilmember Amundsen said Archie is very reasonable for collecting a fee to come in and thought the fee was around $5.00. Mr. Wright said that is correct. Councilmember Amundsen said he is just trying to show a contrast as to other revenue generating opportunities. He said the concern is for public funds for a privately accessed lake. He clarified that there is not a public access. Mr. Wright said that is correct.

Councilmember Amundsen asked if Schutz Lake fits in the City's storm water plan. Ms. Kreft said that it does not directly.

Councilmember Amundsen commented on trying to save and questioned the impact on the funds. He asked what fund the $750 would come out of. Ms. Kreft said most likely the general fund.

Councilmember O'Connor asked if anything else like this is being done in the City. Ms. Kreft said no, but there was a reference to the Lake Virginia chemical treatment and staff reviewed all the minutes from 2005 and there was no reference that the City Council approved a chemical treatment. Councilmember Amundsen asked if there is a public access on Lake Virginia. Ms. Kreft responded yes.

Councilmember Amundsen reiterated that there is a reasonable access fee and people are welcome.

Mr. Wright commented on a new invasive species on Smithtown Bay called flowering rush. He said he would like to take back to the association what the City deems is their part in helping groups such as the Schutz Lake Association. Councilmember Amundsen said it is extremely important. He said materials need to be provided on how to stop the spread of invasive species. He stated that better times allow for more flexibility and this is not a good time financially for anybody.

Mr. Wright noted that they will be using some of the funding received from the Minnehaha Creek Watershed District for monitoring and looking at ways they can improve water quality in the future.

Mayor Hershberger Thun stated that Schutz Lake has been an excellent example of setting up an association.

A motion was made by Paulsen, to deny the request for $750 for the harvesting of exotic species in Schutz Lake. The motion was seconded.

Councilmember Roden said the association has done a great job and thanked the group.

Councilmember O'Connor commented on investing in the lakes. He said there is no precedent and this would be the first and the next one may be a lot more. He said he would like broader context. He said as a member of the finance committee he would like this to be discussed at one of their meetings.

Councilmember Paulsen said they need to get all the requests at one time to see what they all are.

Councilmember Amundsen commented on the number of funds the Watershed District has and said the City could hold a certain amount that the watershed district asks for and say that the city will spend it in the community. Councilmember Paulsen clarified that the water issues should be together and as part of the budgeting process the City should ask the Watershed District for an amount and tell them what it is for.

With the majority of the members voting in favor, the motion carried. Vote: 4 Ayes, 1 Abstain (Roden), 0 Nays.
 

Mr. Uram reviewed the vision statement: The City of Victoria is creating a Livable, Inclusive, and Connected Community. He said the Mission Statement reads: The Mission of Victoria is to promote the geographical advantages and environment of our City by providing cost effective, customer service driven, innovative public service.

Mr. Uram explained the six goals and said there are many steps that go along with each of the goals:

1. Develop short and long-term financial plan

2. Ensure long-term organizational effectiveness

3. Market available land for development

4. Initiate long-term partnerships

5. City Hall and public works facilities

6. Design and implement amenities plan with parks and trails

Mr. Uram noted that the single family building permits are at 28 so far this year and the budget was for 35.

Mr. Uram said the request is to adopt the strategic plan as proposed.

Mayor Hershberger Thun asked what the plan is to continually keep the City Council updated on the goals and objectives. Mr. Uram said he was thinking of a quarterly update on where they stand. He noted that a lot of the action steps require some level of approval from a committee or the City Council. Mr. Uram said this is a work in progress and they would continue to update the work plan.

Mayor Hershberger Thun asked if these goals and objectives would be incorporated in the staff's goals and objectives on which they would be evaluated on a yearly basis. Mr. Uram said the goals were designated to different people to accomplish and the goals fit in with the evaluation process. He said it also ties in with the budgeting process.

Councilmember Roden said she would like to see the project owner listed on the quarterly reports.

Councilmember Paulsen commented on a fiscal plan for the comprehensive plan being present by January 1, 2010 and said there should be a cash component to the plans. He noted that he would like to know if it is a plan or a dream.

Councilmember Amundsen suggested that just the goal be provided and to also take off how the vote went after they voted.

Councilmember O'Connor clarified that each of these components needs to be factored into the long term plan from a fiscal perspective. Mr. Uram said yes and there is a very aggressive schedule to complete the long term financial plan.

Mayor Hershberger Thun said in her mind Mr. Uram is accountable for each of the action steps.

A motion was made by Hershberger Thun, to Adopt the Strategic Plan Report and Action Steps. The motion was seconded. With all members voting in favor, the motion carried. Vote: 5 Ayes, 0 Nays.
 

Mr. Norton reported that the documents that complete the ISD 112 relationship will be recorded with Carver County and completed packets of all the documents will be made. He said there are two more documents that need to be executed and they hope to get this completed within the next couple of weeks.

Councilmember Paulsen commented on an independent study of the Minnehaha Creek Watershed District. He said within the next 30-60 days he will be submitting his concerns and questions.

Councilmember Amundsen said that ISD 112 is using the new facility and ice.

Councilmember Amundsen talked about issues raised from homeowners and said that the issues are not taken lightly. He said sometimes it takes a while to find the appropriate response.

Mayor Hershberger Thun stated that tomorrow night at 7:00 p.m. the Poppitz Field will be dedicated.

Councilmember Amundsen commented on the concerns with the Lions Park event this weekend. He said he hopes there is a plan in place for alternate parking. Mr. Uram said they are aware of the issues for the Lions softball tournament and they are as comfortable as can be given the situation.

Councilmember O'Connor asked for the status on the rule making committee for the Minnehaha Creek Watershed District. Ms. Geheren said there has been no change since the last update. Councilmember O'Connor clarified that they will have time for an adequate response. Ms. Geheren said that is correct.

Mayor Hershberger Thun reported she attended the Arboretum garden tour and the bus stopped in Watermark.

Mayor Hershberger Thun said a resident asked why a section on County Road 18 is not being mowed. She said that they need to communicate what the policy is on cutting and mowing on these types of land in the city.
 

Councilmember Roden asked what the policy is with regard to citizens addressing the council. She said she understands there are two opportunities for citizens to address the council. The first is the open forum and the other opportunity is if there is an agenda item that affected them. Mr. Uram said that is correct. Mayor Hershberger Thun said if anyone has been denied, that concern needs to be addressed. She stated that Robert's Rules does give the Mayor the ability to recognize or not recognize when a particular topic is on the agenda. She said in most cases the council has been open in allowing people to speak. Mr. Norton said that is correct. Mr. Uram said they did have a resident ask to be placed on the agenda and he asked what the item is and what information would be presented to make sure decisions could be made and that information was not provided.
 

None.
 

A motion was made by Councilmember Amundsen, to adjourn the meeting at 8:00 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.