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 Acting Mayor Roden in the Council Chambers at 7951 Rose.

Members Present: Councilmembers: Tim Amundsen, Tom O'Connor, Jim Paulsen and Kim Roden.

Absent: Mayor: Mary Hershberger Thun

Staff Present: Don Uram, City Administrator; Jylan Johnson, Finance Director; Holly Kreft, Community Development Director; and Mike Norton, City Attorney.

Others Present: Cara Geheren, City Engineer, Ann Mahnke, Public Works/Parks Recreation Director, Gordy Simanton, Planning Commission Chair 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: 4 Ayes, 0 Nays.
 

(3) OPEN FORUM:

None.
 

(4) VISITORS PRESENTATION:

None.
 

Councilmember O'Connor removed the minutes from the September 28^th City Council meeting.

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 O'Connor corrected the last paragraph, third sentence on page 12 to read: The water enterprise fund in response to statute requirements will see a significant change in the rate structure.

A motion was made by Councilmember O'Connor, to Approve the Minutes of the September 28, 2009 City Council Meeting as amended. The motion was seconded. With all members voting in favor, the motion carried. Vote: 4 Ayes, 0 Nays.
 

Councilmember Paulsen noted that the TKDA engineering fees were $75,000.

A motion was made by Councilmember Paulsen, to Approve the Claims Roster in the amount of $641,374.87. The motion was seconded. With all members voting in favor, the motion carried. Vote: 4 Ayes, 0 Nays.

Mr. Uram said there were a number of people who donated to the Victoria Fire Department. He noted there was also a donation to the Kirke Lachen park project. Councilmember Paulsen stated that Klein Bank and Laser control contributed $12,000 for the scoreboard at Poppitz Field.

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

None.
 

Ms. Johnson said the City's credit rating was upgraded from a AA to a AA+. She said that S&P's rationale was based on the city's good financial management, trend of positive general fund operations and maintaining strong reserves, with a stable outlook.

Councilmember Paulsen asked if the primary or secondary analyst came to Victoria. Ms. Johnson said the analysts are in Chicago and New York and the review was by telephone conference. Councilmember Paulsen clarified that they did not come to Victoria. Mr. Uram said they asked for a AAA and they also invited them for a visit.

Councilmember O'Connor said there aren't many public entities that can say they are in reasonably good shape.

Mr. Pfannenstiel, Northalnd Securities said he would be presenting the results of the bond sale. He explained that bids were solicited on a tax exempt and a taxable basis. He stated three bids were received and all were the taxable or Build America Bonds. Of the three bids the best bid came from Robert W. Baird out of Milwaukee at a true interest cost of 3.27%. He noted the other bids were close at a 3.38% and 3.45%.

Mr. Pfannenstiel said the taxable bonds are more in favor than the tax exempt. The demand for the Build America Bonds is remaining strong.

Mr. Pfannenstiel stated the net benefit to the City is about $140,000 over 15 years. He said the recommendation is to approve the bid from Robert W. Baird.

Mr. Pfannenstiel said the tax exempt market has weakened in the last seven days. Councilmember Amundsen noted that two weeks ago may have been different.

Councilmember Roden asked at what other communities were doing at the Carver County Elected Officials meeting and she found out that none of them are doing bonding right now.

Mr. Pfannenstiel stated the amount of issue has also been lowered from $3,475,000 to $3,435,000 by needing less proceeds for capitalized interest.

A motion was made by Councilmember O'Connor, to Approve Resolution No. 09-103; Authorizing Issuance, Awarding Sale, Prescribing the form and details and Providing for the Payment of $3,475,000 (Taxable) General Obligation Permanent Improvement Revolving Fund Bond, Series 2009A. The motion was seconded.

Councilmember Amundsen commented the different numbers listed.

Ms. Johnson corrected the amount in the resolution to $3,435,000.

Mr. Pfannenstiel explained the different numbers and said that all three bidders need to work with like terms and then they choose the winner and make some adjustments. Mr. Uram said they will work with Northland Securities on a reconciliation and get back to the City Council.

Councilmember Paulsen said next time they should think about if it is appropriate to pay over two points for a transaction like this.

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

Ms. Kreft explained the request is by two properties north of Highway 7 for a minor subdivision for a small property transfer. She noted this is approximately 3,400 square feet in size so it would not create a buildable lot. She said this would be done by a registered land survey.

Ms. Kreft said the Planning Commission had the public hearing last week and no one spoke at the public hearing. She said there were questions on the retaining wall and permits are now required for retaining walls. She stated the Planning Commission recommended unanimously that the minor subdivisions be approved with the condition that the parties are responsible for filing the registered land survey and recording fees.

A motion was made by Councilmember Paulsen, to Approve Resolution 09-104; A Resolution approving the Minor Subdivision for Guardian Development of MN LLC and Warren and Constance Phillips located at 1150 and 1190 Highway 7, Excelsior. The motion was seconded. With all members voting in favor, the motion carried. Vote: 4 Ayes, 0 Nays.

Ms. Kreft said this is a request by Three Rivers Park District to purchase the Hedtke property on Schutz Lake. The property is located at the end of the paved area of Park Drive. She said it will be used as a buffer from the residential area and Carver Park Reserve. Ms. Kreft stated that under State Statute, City approval is needed before the purchase of the property.

She showed the Park Master Plan and said the property is approximately ten acres in size.

Councilmember Roden asked about the trail extension issue and the 13.5 acres. Ms. Kreft said they had a progressive meeting last week. Mr. Uram said they have been working to come up with a resolution. He noted they want a reasonable agreement that is workable for both parties.

Boe Carlson, Three Rivers Park District, said they had a willing seller who was interested in selling the property. He talked about the trail and said they are very much willing and ready to look at a solution and work with the City on the trail. He said there were legal technicalities of the agreement that needed to be amended. Mr. Norton stated it is up to the Park District to decide whether they agree with the issues and what they need to do about it. He said it is at the staff level at this point.

Councilmember Roden said there are questions about the disposition of the home and asked what the plans are. Mr. Carlson said he spoke with Ms. Kreft about the Fire Department using that home for a training site and said they would have no problem with that. He said they will look at the options when they close.

Councilmember Roden said some other comments that she has received from neighbors is that there are issues on Park Drive with the dog park and the speed. She asked that the dog park permit users be educated on the 30 mph speed. Mr. Carlson said he would bring that back to staff.

Councilmember O'Connor asked if Mr. Uram felt there was a basic business agreement with the Park District on the trail. Mr. Uram said he is hesitant to characterize it that way but they have spent several months working on this and he believes an agreement is reachable. He noted he has no objections to the purchase of the property. Councilmember Paulsen stated he is troubled by the lack of specifics on the trail issue. He said they need to work together. Mr. Carlson reiterated that this is a joint agreement and there has been a lot of hard work over many years. He said they want to work on a resolution. Councilmember Roden asked Mr. Carlson to take back the comments and concerns. Mr. Carlson said he will take that back the comments and concerns.

A motion was made by Councilmember Paulsen, to Approve Resolution No. 09-105; A Resolution Approving the Sale of Private Property Known as the Hedtke Property within the City of Victoria to Three Rivers Park District. The motion was seconded. With all members voting in favor, the motion carried. Vote: 4 Ayes, 0 Nays.

Greg Hedtke thanked the City Council for approving this and said all the property to the north and west of his property was owned by his family. He said this is the final closure of the Park District acquiring all of their property.

Councilmember Paulsen said some notation or sign should be made on the land.

Ms. Kreft said this is the annual lease update for the 94 acres the City owns. She explained the property has been leased to Southview Dairy who has been very timely with payments. She said the rate is $145 per acre and is approximately 65 acres. Ms. Kreft explained that they have asked to do manure injection and she contacted Lori Brinkman, Assistant Feedlot Officer with Carver County who recommended that they be allowed to use manure injection system. She noted staff will work with the City Attorney to have that language placed in to the lease agreement.

Councilmember Roden asked if the letter has been incorporated in to the agreement. Ms. Kreft said they would take some of the language from the letter.

A motion was made by Councilmember O'Connor, to Approve Resolution No. 09-106; A Resolution Approving the Lease of 68 Acres between the City of Victoria and Southview Dairy Located South of County Road 10 and West of County Road 43. The motion was seconded.

Councilmember Paulsen mentioned that some day they need to figure out what they want to do with this land. Councilmember Roden asked what the process is. Ms. Kreft said they have discussed including this in the Master Plan as a third phase but the utility staging is around 2025-2030. Councilmember Paulsen noted he does not want to sell the property at this time.

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

Mr. Uram said several months were spent evaluating the public works department. He said the department works well based on the number of people and budgetary constraints. He reviewed the three recommendations made to the Personnel Committee:

1. Create a permanent Public Works/Parks and Recreation Director position for Interim Director Ann Mahnke (effective October 16, 2009).

2. Reassign current Public Works Superintendent, Bruce Osborn to Public Works Water Treatment Plant Operator/Maintenance Worker.

3. Advertise for and hire a new Public Works Superintendent.

Mr. Uram said the Personnel Committee supported these recommendations.

A motion was made by Councilmember O'Connor, to Approve Agenda Statement No. 09-222 reflecting the new Public Works Organizational Structure. The motion was seconded.

Mr. Uram said that Councilmember O'Connor asked him to hand out an article that was in the Sunday paper regarding trash. Mr. Uram noted they have about nine trash haulers in the City of Victoria. Councilmember Roden said that her neighborhood approached the two major haulers and negotiated with them. The City Council talked about the impacts on the street and roads.

Councilmember Amundsen asked if roads were designed to hold the load in Minnesota. Ms. Geheren said the new roads should be fine.

Councilmember O'Connor said he would work with staff on the issue of trash haulers.

Councilmember Amundsen said he lives in a community that has one single hauler. He said there is significant savings if neighbors get together and do this. He stated he would like to see neighbors work together.

Mr. Uram asked about grants for green initiatives and hiring an intern. Ms. Kreft said she will have to look.

Councilmember Paulsen asked if there is a sign ordinance downtown. He said there are lots of signs and there are four signs on one building.

Councilmember Paulsen stated that the emergency preparedness should be kept high on the agenda.

Councilmember Paulsen reported that he observed the Minnehaha Creek Watershed District meeting to understand the process better.

Councilmember Amundsen commented on a letter that was received about the Fire Department and how fast they respond to calls and how they go above and beyond.

Councilmember Roden Carver County Attorney asked questions about trends and she has a response to share.

Councilmember Roden reported on the Association of Carver County Elected Leaders meeting and said she sees a benefit in what they are doing. She noted they are working on equipment sharing, fiber optic and the use of recycled paint.

Councilmember Roden said she attended a lakes group meeting with representatives from all the lakes in Victoria.

Councilmember Amundsen commented on doing more research on the recycled paint.

Councilmember Roden noted the next Association of Carver County Elected Leaders meeting is on November 5^th.

Councilmember Amundsen commented on the significant number of people who have a skill set. He said there is a talent base of public service oriented people.

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

None.
 

None.
 

A motion was made by Councilmember O'Connor, to adjourn the meeting at 7:42 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.