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 and Mike Norton, City Attorney.

Others Present: Unsie Zuege, The Chanhassen Villager and others.
 

A motion was made by Councilmember O'Connor, to adopt the Agenda. 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:

Tina Healy said she a co-owner of the new retail establishment in Victoria called The Hanger. The Hanger will be located in the former Parker Tannin's space in the Noterman Building. She explained The Hanger as an upscale, high-end pre-teen to teenage consignment shop. They hope to open on Monday, August 17th and are starting to take clothes August 11^th. She noted the range of clothing sizes and the target audience is not so much the age, but the name brand that they are looking for. Ms. Healy said they also take some accessories. She stated they will be promoting fundraisers hopefully at least once a month. She noted they are still working on the hours, but will probably be open from 10:00 a.m. to 6:00 p.m., one weeknight and weekends. Ms. Healy said they chose Victoria because of the appeal and it fit their business plan better. She noted her concerns regarding the downtown parking situation.
 

Councilmember Roden removed items J and K.

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: 5 Ayes, 0 Nays.

Councilmember Roden said it looks like items J and K are somewhat related. She asked if they are separate projects meant to link together. Mr. Uram explained that Carver County's process has been going on for approximately two years. The project is moving forward regardless of receiving stimulus funding. He noted that Carver County is expected to begin the project either late this year or early next year. The Lake Minnetonka Communication Commission is still working out a lot of the details.

Councilmember Roden commented on the regulator for the cable franchise getting into the same business to compete with the entity that it regulates. Mr. Uram explained that at this point the Lake Minnetonka Communication Commission is the regulator of the franchise agreement and if they want to be a provider it will be completely separate. Councilmember Roden questioned how supporting this would impact the franchise agreement and impact the franchise fees.

Councilmember Amundsen asked why the resolutions are so different in K and J. Mr. Uram explained the differences between the resolutions and said they actually modified Carver County's agreement to reflect strictly the provision of service to public facilities. He stated the City is not funding any portion of the Carver County system. The City would be a user of the service. Mr. Uram said the city is part of the Lake Minnetonka Communications service.

Henry Pryor, City of Victoria Representative to the Lake Minnetonka Communication Commission (LMCC), explained that the Lake Minnetonka Communication Commission is not a separate entity. He said they give Mediacom a franchise to sell services in this area and it is not an exclusive franchise. Mr. Pryor said the LMCC did a feasibility study and then the opportunity for stimulus funding came along. He noted there are a total of 18 cities in the area and they have approval from 16 cities in which Victoria and Long Lake are remaining. He stated a separate company would be set up from the Lake Minnetonka Communication Commission.

Councilmember O'Connor said they are very early in long planning. He explained the Lake Minnetonka Communication Commission's approach is more focused on bringing the services to the homes and at this point the Carver County's focus is to wire public buildings. Approval of the proposed resolution extends the City's support of the stimulus funding application.

Councilmember Paulsen asked how they know they are not funding a false start and if they are comfortable that the Lake Minnetonka Communication Commission and the Carver County initiative will be compatible. Councilmember O'Connor said a preliminary feasibility study was done which showed a positive cash flow in approximately three years. He stated at no point is the City being asked by the Lake Minnetonka Communication Commission to fund additional dollars.

Mr. Uram said they are still in the process of asking questions on the feasibility report.

Councilmember Roden noted that if it goes forward there will be a fair amount of construction and questioned what they would get in exchange for that. She said she still thinks there is overlap between the two projects. Councilmember Roden stated she is not prepared to move forward on either item. Mr. Pryor stated that this does not involve public dollars. He commented on the timeline and said they are not eligible for the first round of stimulus finding and they are waiting for new rules for the second and third rounds of funding, which would be later on this year.

Councilmember O'Connor talked about pulling this resolution for more detailed analysis.

Mayor Hershberger Thun stated she would be comfortable approving only the application for funds.

A motion was made by Mayor Hershberger Thun, to Approve Resolution No. 09-85, That the City agrees to be a participant in the Lake Minnetonka Communication Commission's federal broadband stimulus money grant application along with other Lake Minnetonka Communication Commission member cities, providing the Lake Minnetonka Communication Commission with information as may be needed to write and process the grant application. Number 2 and 3 were stricken. The motion was seconded. With the majority of the members voting in favor, the motion carried. Vote: 4 Ayes, 1 Nay (Roden).

Councilmember Roden said she had questions about the obligations and the overlap. She stated she is not prepared to vote in favor of this resolution tonight.

Councilmember O'Connor clarified that this resolution is to support Carver County's funding request. He said the City is not obligated to anything.

A motion was made by Councilmember Paulsen, to Approve Resolution No. 09-86; A Resolution in support of Carver County's application for Economic Stimulus funding for their Fiber Ring Project. The motion was seconded.

Councilmember Amundsen commented on the second whereas in the resolution and said there is the potential for this to branch out to homes. He talked about there being no robust competition.

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

-A- Approve the April 10, 2009 Claims Roster in the amount of $773,216.53

A motion was made by Councilmember Paulsen, to Approve the Claims Roster in the amount of $773,216.53 with the exception of the Minger Construction monies, which amounts to approximately $484,000 that would be released subject to the review and approval of the City Administrator. He noted that $81,000 was paid to TKDA this month. The motion was seconded. With the majority of the members voting in favor, the motion carried. Vote: 4 Ayes, 1 Nay (Hershberger Thun).
 

A motion was made by Mayor Hershberger Thun, to Accept the Donation from Residential Mortgage Group in the amount of $200.00 to the Victoria Fire Department. The motion was seconded. With all members voting in favor, the motion carried. Vote: 5 Ayes, 0 Nays.
 

None.
 

None.
 

None.
 

Mr. Uram talked about the rain from the weekend and said there was some construction damage on Quamoclit Street. He said about 150 feet of curb was lost but has been repaired. He noted this will probably set them back a couple of days.

Mr. Uram reported on a fire on Bavaria towards Highway 7. He talked about the quick response and said the fire was caused by a lightening strike.

Councilmember Roden commented on the LRT park trails by Park Drive and the significant amount of gravel that washed away on to the road surface.
 

There were no reports.
 

None.
 

None.
 

A motion was made by Councilmember O'Connor, to adjourn the meeting at 7:14 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.