City Council Minutes
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CITY OF VICTORIA
REGULAR CITY COUNCIL MEETING
NOVEMBER 23, 2009
COUNCIL CHAMBERS
7951 ROSE
VICTORIA, MINNESOTA
MINUTES
(1) CALL TO ORDER:
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.
Roll Call:
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; Jylan Johnson, Finance Director; City Engineer, Cara
Geheren; and Mike Norton, City Attorney.
Others Present: Unsie Zuege,
The Chanhassen Villager and others.
(2) ADOPT AGENDA:
Mr. Uram added a discussion of possible land
acquisition and other items related to the Three Rivers Park District
under the closed session.
A motion was made by Councilmember
Roden, 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.
(5) CONSENT AGENDA:
The Consent items were as follows:
Minutes of the November 9, 2009 City
Council Meeting
-A- Approve the 2010 Animal
Impound Contract with Countryside Veterinarian
1) Agenda Statement No.
09-241
2) Exhibits
3) Resolution No. 09-118
-B- Approve an Exempt Gambling
Raffle Permit for the Victoria Fire Relief Association
1) Agenda Statement No. 09-242
2) Exhibits
3) Resolution No. 09-119
-C- A Resolution of support for the
Chaska-Victoria Trail Connection
1) Agenda Statement No. 09-243
2) Exhibits
3) Resolution No. 09-120
-D- 2009 Street, Drainage, and
Utility Improvements ~ Payment Request No. 6
1) Agenda Statement No. 09-244
2) Exhibits
-E- 2009 Street, Drainage and
Utility Improvements ~ Change Order No. 5
1) Agenda Statement No. 09-245
2) Exhibits
-F- 2010 Street, Drainage and
utility Improvements – 80th Street Resolution receiving and
accepting the feasibility report and delaying the improvements
1) Agenda Statement No. 09-246
2) Resolution No. 09-121
-G - Certification of
Delinquent Utility Bills
1) Agenda Statement No.
09-247
2) Exhibits
3) Resolution No. 09-122
-H- Approve the Joint Powers
Agreement for Group Employee Benefits with Southwest/West Central
Service Cooperative
1) Agenda Statement No.
09-248
2) Exhibits
3) Resolution No. 09-123
-I- Request Purchase of a
new Grass Rig Fire Truck
1) Agenda Statement No.
09-249
2) Exhibits
Councilmember Roden removed item 5.G.
Councilmember Amundsen removed 5.A. and 5.I.
Mayor Hershberger Thun removed item 5.H.
A motion was made by Councilmember
Paulsen, to Adopt the revised Consent Agenda. The motion was seconded.
With all members voting in favor, the motion carried. Vote: 5 Ayes, 0
Nays.
A- Approve the 2010 Animal Impound
Contract with Countryside Veterinarian
Councilmember Amundsen commented on having a
veterinarian in town and supporting local business. Mayor Hershberger Thun
said they have been with Countryside Veterinarian for two to three years.
Ms. Johnson noted there was something with the sheriffs department and
that is how they got involved with Countryside Veterinarian. Councilmember
Paulsen pointed out that there is a 30-day cancellation in the contract.
Councilmember Amundsen clarified this is not related to the pricing and
service of Countryside Veterinarian.
A motion was made by Councilmember
Amundsen, to Approve Resolution No. 09-118; A Resolution Approving the
Animal Impound Contract with Countryside Veterinarian. The motion was
seconded. With all members voting in favor, the motion carried. Vote:
5 Ayes, 0 Nays.
Mayor Hershberger Thun clarified that staff will take
a look at other possible arrangements.
-G - Certification of Delinquent
Utility Bills
Councilmember Roden said a number of the addresses are
repeats for certification of delinquent utility bills. She questioned if
people are writing off their water bills as part of their property taxes.
Councilmember Roden asked what collection efforts are made prior to their
delinquent utilities bills being certified on their property tax
statement. Ms. Johnson said delinquent notices are mailed out a month
after the initial notices. She noted the option of shutting off water due
to non-payment of their water bill is not cost-effective. Councilmember
Roden stated she hopes that repeat offenders are not using this as an
opportunity to increase their itemized deductions for tax purposes. Ms.
Johnson noted the delinquent utility amount appears as an assessment on
the property tax statements.
Councilmember Amundsen questioned the certification
fee and if the effort for this is being covered. Ms. Johnson said they
could charge more. Councilmember Amundsen said they get the money and the
amount is stable.
A motion was made by Councilmember
Roden, to Approve Resolution No. 09-122; A Resolution Approving the
Certification of Delinquent Utility Bills to the County for Collection
with the 2010 Property Taxes. The motion was seconded. With all
members voting in favor, the motion carried. Vote: 5 Ayes, 0 Nays.
-H- Approve the Joint Powers Agreement
for Group Employee Benefits with Southwest/West Central Service
Cooperative
Mayor Hershberger Thun explained she pulled this to
let the people of Victoria know that health benefits for City Employees
will be provided at least as comparable as or better than the 2009 plan
for $50,000 less in cost to the City for 2010.
Councilmember Paulsen asked how long this Joint Powers
Agreement runs. Ms. Johnson said the agreement will run as long as they
are with this particular group.
A motion was made by Mayor Hershberger
Thun, to Approve Resolution No. 09-123; Approving the Joint Powers
Agreement for Group Employee Benefits with Southwest/West Central Service
Cooperative. The motion was seconded. With all members voting in
favor, the motion carried. Vote: 5 Ayes, 0 Nays.
-I- Request Purchase of a new Grass
Rig Fire Truck
Councilmember Amundsen clarified that current fire
truck is a 1978 model. Fire Chief Walsh said yes, it is a little over 31
years old. Councilmember Amundsen commended the Fire Department on making
due a with 30 year old truck.
Mayor Hershberger Thun clarified the additional
$20,000 request is in addition to the purchase of the truck to outfit the
truck. Fire Chief Walsh said that is correct.
Mayor Hershberger Thun stated that diesel trucks
ordered after November 27, 2009 will be required to meet the new emission
laws. She asked if the truck requested for purchase will be required to
meet the new emission laws. Fire Chief Walsh said no, the truck they are
proposing will fall under the current laws. Under the new emission laws,
the truck cost will increase approximately $4,000 to $6,000. He clarified
if a purchase is made now, the existing trucks will not be required to
follow the 2011 emission laws.
A motion was made by Councilmember
Amundsen, to Approve the Purchase of a new Grass Rig truck from Elk River
Ford, Dodge, Jeep in the amount of $30,289.04 plus the estimated cost to
be determined to outfit the truck within the $75,000 allotment. The motion
was seconded. With all members voting in favor, the motion carried.
Vote: 5 Ayes, 0 Nays.
(6) FINANCE
-A- Water-Efficient Appliance Rebate
Program
1) Agenda Statement No. 09-250
2) Exhibits
Ms. Johnson stated the 2009 Appliance Rebate Program
was successful and utilized the entire $5,000 budget allotment. The
program offered a rebate for the purchase of water-efficient appliances,
such as toilets, dishwashers and washing machines as a means of promoting
water conservation. She provided the following statistics; Toilets, based
on a family of four, could save approximately 20,000 gallons of water with
an annual savings of $53.00 with the purchase and installation of a
water-efficient toilet. Washing machines can conserve on an average 17
gallons of water per load and the annual savings, based on a family of
four, would be approximately $18.00. Dishwashers provide a savings of 8
gallons and based on a family of four the savings is about $4.00.
Ms. Johnson stated the budget for the program in 2010
has been increased to $7,500.
Ms. Johnson said there is recommended changes for the
2010 Water-Efficient Appliance Rebate Program; the rebate to also be to
replace an existing appliance, applicants are connected to the water and
or sewer system and the rebate will be applied to the applicant's utility
account instead of mailing a rebate check.
Councilmember Amundsen commented on connecting to city
water and sewer and said if they are looking at water conversation asked
if the $7,500 budget allotment is expended before the end of the year will
staff request additional funding this program open for all four quarters.
Ms. Johnson stated yes.
A motion was made by Councilmember
Amundsen, to Approve the 2010 Water–Efficient Appliance Rebate Program.
The motion was seconded. With all members voting in favor, the motion
carried. Vote: 5 Ayes, 0 Nays.
-B- Approve the November 23, 2009
Claims Roster in the amount of $400,021.12
A motion was made by Mayor Hershberger
Thun, to Approve the Claims Roster in the amount of $400,021.12. The
motion was seconded. With all members voting in favor, the motion
carried. Vote: 5 Ayes, 0 Nays.
-C- Financial Report for the
Month-Ended October 31, 2009
Mayor Hershberger Thun noted this is for review only.
Ms. Johnson said there is a replacement page for page
2.
(7) DONATIONS
-A- Accept Donations
1) Agenda Statement No. 09-251
2) Resolution No. 09-124
Mayor Hershberger Thun reviewed the donations: Lisa
Bishop donated $250 to the Victoria Fire Department. Carver County Fair
donated $350 to the Victoria Fire Department. Mount Olivet Rolling Acres
donated $300 for Fire Protection.
A motion was made by Councilmember
Roden, to Approve Resolution No. 09-124; A Resolution Accepting Donations.
The motion was seconded. With all members voting in favor, the motion
carried. Vote: 5 Ayes, 0 Nays.
(8) PUBLIC HEARING
-A- Authorize Issuance and
Sale of Revenue Bonds, and Issuance of Tax-exempt Note, on behalf of
Augustana Care Corporation
1) Agenda Statement No. 09-252
2) Exhibits
3) Resolution No. 09-125
4) Resolution No. 09-126
Ms. Johnson stated the purpose of the public hearing
is to approve the issuance of the conduit debt for Augustana Care
Corporation for the purchase of four Emerald Crest Facilities and enter
into a Joint Powers Agreement with three other cities. Ms. Johnson said
there are two resolutions that need to be approved; one is for the sale of
the bonds for approximately $19.5 million and the other is for a revenue
note for $4.5 million. She noted the combined total is $24 million.
Richard Helde, Dorsey &Whitney, was present to answer
questions.
Councilmember Paulsen asked what the difference is
between the bonds and the notes. Mr. Helde explained that bonds are going
to be publicly underwritten by an underwriting firm, Northland Securities.
The note is an agreement that assists in getting the financing.
Councilmember Paulsen clarified that this is a single buyer.
Councilmember Paulsen asked if the other cities have
approved resolutions yet. Mr. Helde said those are all scheduled and in
process but until all the approvals are obtained they won't have a Joint
Powers Agreement in place. Councilmember Paulsen asked how they get out of
this Joint Powers Agreement. Mr. Helde said Victoria is not in until all
the cities approve the Resolution as well. He stated the Joint Powers
Agreement provides for the issuance of the bonds and once the bonds are
issued the purpose of the Joint Powers Agreement is fulfilled. He said
this is a fairly common arrangement. Councilmember Paulsen asked if the
City Attorney was comfortable with the document. Mr. Norton said he has
not reviewed this document. Councilmember O'Connor clarified that the City
has no financial obligation. Mr. Helde stated the City has no financial
obligation what so ever. Councilmember Paulsen said he is comfortable with
this as long as there is no monetary risk.
A motion was made by Councilmember
Paulsen, to Approve Resolution 09-125; Authorizing and providing for the
issuance and sale of revenue bonds and approving the forms of required
documents in connection Augustana Care Corporation; and Resolution 09-126;
Authorizing a project and providing for the issuance of a revenue bond,
and approving a Joint Powers Agreement and other documents to be entered
into in connection Augustana Care Corporation. The motion was seconded.
Mayor Hershberger Thun opened the public hearing at
6:59 p.m.
Mayor Hershberger Thun closed the public hearing at
6:59 p.m.
With all members voting in favor, the
motion carried. Vote: 5 Ayes, 0 Nays.
-B- 2010 Fee Schedule
1) Agenda Statement No. 09-253
2) Exhibits
Mr. Uram stated that in the packet is a summary of the
fee changes for the 2010 budget. He explained the dog licensing will be
going from a one year license to a two year license. He said they are
increasing the garbage haulers fees, which is consistent with the
neighboring communities. Last is a change to the utility rates.
Councilmember Roden said she has read about a number
of suburban areas eliminating dog licenses and asked if this has been
looked at. Ms. Johnson said they are going to a two year license to be
more efficient with staff time. Mayor Hershberger Thun said according to
the City Clerk the $15 and $30 fee does cover the costs and they are going
to a forever license. She said there is a trigger in place that will
generate renewal reminders.
Councilmember Roden commented on an issue with a
developer who was not current on developer fees and if the late fee charge
on past-due reimbursements will address this issue. Ms. Johnson said no,
this only allows for a late fee to be charged. Mr. Uram said they talked
about the initial escrow amount and will continue to evaluate it to ensure
the necessary funds are available. He stated they will have something in
place to safeguard the City's financial position regarding development
proposals. Mayor Hershberger Thun asked if the developers will be alerted
about this. Ms. Johnson said they do in the developer statements. Mr. Uram
said this will be discussed at the Business Development Committee meeting.
Councilmember Paulsen asked for justification on the
bulk water load and administration fee at the bottom of page 5. Ms.
Johnson explained that is the administrative fee. She said they rent out
bulk water meters to developers so they can obtain water. She said that
fee is for the paperwork. Ms. Johnson noted they also pay a deposit that
that covers the actual cost of the meter if it is damaged or stolen. The
City has five bulk water meters.
Mayor Hershberger Thun commented on the fire
department service fees on page 2. Ms. Johnson said the fee was increased
by 5%. Mayor Hershberger Thun recommended just rounding the fees up.
Councilmember Amundsen commented on the community
rooms and the categories and recommended that neighborhood associations be
in category 2 the civic non-profit use category. Mayor Hershberger Thun
clarified that this is only for neighborhood associations. Council Member
Roden recommended adding lake associations to category 2 as well.
Councilmember Amundsen pointed out the daily pass for
a resident is $5.61. Mayor Hershberger Thun stated tax is not included in
the schedule, and when added the daily pass is $6.00.
A motion was made by Councilmember
Roden, to Adopt Ordinance No. 370; an Ordinance amending Appendix B, 2010
Fee Schedule and a summary publication of the ordinance with the rounding
of numbers. The motion was seconded. With all members voting in favor,
the motion carried. Vote: 5 Ayes, 0 Nays.
(9) UNFINISHED BUSINESS
None.
(10) NEW BUSINESS:
-A- St. Victoria Catholic Church's
request for a Conditional Use Permit to expand their existing cemetery
located at 8228 Victoria Drive
1) Agenda Statement No. 09-254
2) Exhibits
3) Resolution No. 09-127
Mr. Uram stated the St. Victoria Catholic Church is
requesting to expand their existing cemetery to the north adjacent to
County Road 11. There are approximately 20 burial sites remaining open,
which is only about a year's worth of burial plots. The expansion plan has
a columbarium, which has a number of places for urns.
Mr. Uram said the Planning Commission reviewed this
request and their concern was about the future expansion of County Road
11. The proposed project comes no closer to County Road 11 than what it
already does and according to Carver County any expansion would be to the
east and would not impact the site at all. Mr. Uram said the landscaping
to the north was discussed and the church agreed to include plantings and
fencing along County Road 11. Mr. Uram said neighbors by the cemetery were
in attendance at the Planning Commission meeting and questioned the future
expansion for the cemetery. He stated the church has agreed to work on a
long-term master plan.
Mr. Uram reviewed the following conditions:
-
The existing driveway not increase
in size and only be used for the access of vehicles and equipment
requiring proximity to burial sites.
-
Parking of visitors for funerals
shall be on-street or off-street in the Church parking lot.
-
Landscaping shall be provided as a
buffer between the burial sites and the property as shown in the site
plan.
-
Any changes to the overall site
plan, which result in an increase in the number of burial sites, shall
require an amendment to this conditional use permit.
-
Additional landscaping and/or
decorative fencing be added along the east side of the expansion area
adjacent to the sidewalk.
Mr. Uram stated the Planning Commission added one
other condition and that was the future cemetery expansion plans shall be
prepared for review by the City by June 30, 2010.
Councilmember Paulsen said the future expansion is a
very important stipulation.
Councilmember Roden asked if the added conditions have
addressed the property owners concerns. Mr. Uram said the issues were the
landscaping and the future expansion area and those conditions take the
property owners concerns into consideration.
Councilmember Paulsen said this needs to be dealt with
sooner rather than later. Mr. Uram said the church understands the site
restraints and have discussed off-site solutions. Mayor Hershberger Thun
said she was a liaison to the Planning Commission that evening and the
church does understand they have a significant problem. Councilmember
Paulsen commented on a city cemetery. Mr. Uram said in his experience,
municipal cemeteries can be challenging long term.
Councilmember Amundsen pointed out where the platted
property goes and said they have a significant parcel of land. He said a
senior representative should have shown up as matter of procedure. Bill
Sanders, Sanders Wacker Bergly, Landscape Architect working with the
church on this project, said Ray Ortman is out of town. He stated the
conditions are reasonable and they will continue to plan the area. He said
there are a number of issues with soils, topography, wetlands and access
that need to be looked at.
A motion was made by Councilmember
O'Connor; to Approve Resolution No. 09-127; A Resolution approving a
Conditional Use Permit for St. Victoria Catholic Church to expand the
existing cemetery located at 8228 Victoria Drive with the six conditions.
The motion was seconded. With all members voting in favor, the motion
carried. Vote: 5 Ayes, 0 Nays.
(11) REPORTS OF THE CITY
ADMINISTRATOR:
-A- 86th Street
1) Agenda Statement No. 09-255
2) Exhibits
Mr. Uram said they have been working on the 86th
Street speed study for several months.
Ms. Geheren explained that staff met with the
residents and the three issues regarding traffic on 86th Street
are: speed, volume and safety. Staff reviewed the background of the road
and provided maps showing the city boundaries. They also met with the City
of Chaska and a letter from the City Engineer is included in the packet.
Ms. Geheren stated staff reviewed the possibility of closing 68th
street and is not recommending closure of the road. She explained 86th
Street provides access to the Victoria Recreation Center and is a key
collector road. There is also developable property to the south that may
need access in the future.
Ms. Geheren stated staff also evaluated speed humps or
tables and city staff does not recommend these uses on collector roads.
She explained that typically there is a reduction on roads from people
trying to avoid going over speed humps or tables. Speeds can also increase
between the humps to make up for a loss time resulting in added noise. She
has also seen evidence of drivers going off the road to avoid going over
the humps.
Ms. Geheren said they also explored a number of other
traffic calming techniques. She said in all cases these would be best
implemented as part of an overall street reconstruction project.
Ms. Geheren said they also looked at berming and
landscaping. She stated there is currently not enough room to add berms.
Ms. Geheren stated street reconstruction is the best
opportunity to address safety, speed, volume and incorporate a trail. She
said that based on the meeting with Chaska there is an opportunity to work
with the property owners to the south to gain additional right-of-way for
the road to do traffic calming techniques. Ms. Geheren said they will also
want to work with the residents as part of that process. She explained it
is an expensive project but if they were able to get the full area of
right-of-way into the City of Victoria they do have capacity in the state
aid system to add this roadway to the state aid system which would make it
eligible for state aid funds towards the cost of the improvement. Ms.
Geheren stated that Chaska indicated a willingness to work on a way to
fairly assess the property to the south for the project in the event that
they do seek connection. She said 2011 would be the target construction
year for the 86th Street reconstruction.
Ms. Geheren stated there's a short term recommendation
and a long term recommendation. The short term recommendation is to keep
the traffic enforcement ongoing. She noted the City of Chaska indicated a
willingness to assist with the enforcement. She said they have a speed
trailer that can be moved about. She said they would purchase the speed
display signs that could be permanently installed in the spring. Ms.
Geheren said the long term recommendation is to move forward with
reconstruction in 2011.
Councilmember Amundsen commented on the safety. He
read a quote regarding cables and said they are relatively inexpensive to
install and are very effective in capturing vehicles. He asked where that
safety measure is in this report. He stated this is something that can be
done to get safety right now. Councilmember Amundsen said it could be put
on the corners right now. Mr. Uram talked about the safety concerns and
said there is pedestrian movement on 86th Street. The other
concern by the residents is their children. He said they didn't evaluate a
guard rail or cable system, but that is something they can look in to.
Councilmember Amundsen asked if there has been any
recorded incident on 86th Street. Deputy Baker said the only
incident he is aware of in the last three years is a garbage truck that
was trying to get around the roundabout at Kochia and slipped off. He
stated he is not aware of any vehicles that have exited the roadway.
Councilmember Amundsen said they need to look at the most economical,
low-cost alternative. Mr. Uram stated he also talked to Fire Chief Walsh
on if there has been any reported injury accidents on 86th
Street and he said there has never been that type of incident. Mayor
Hershberger Thun clarified that they heard at the meeting that there was
one car that went off the road toward Highway 11 but it may not have been
reported.
Jayme Kruse, resident of Allegheny, acknowledged all
the work and effort that has gone on. She said she thinks they are on the
right path. She looks forward to seeing the plans. She stated her concern
is how to get to here from there. Ms. Kruse said people have chosen to
break the law and speed, which is a concern. She stated the law
enforcement is minimal and has no impact because they can't be there
enough. She said she appreciates the sign effort but people aren't going
to recognize those because there is no impact to changing their behavior.
She stated the cost of $10,000 is expensive for what she believes would be
minimal or no impact. Ms. Kruse said she is asking for consideration on
speed bumps that force people to change even though it is temporary. Ms.
Geheren said her opinion on speed humps would still be the same. She noted
that they did look at purchasing temporary speed humps for Narcissus but
there was an issue with the snow plows hitting them in the winter. Mayor
Hershberger Thun noted they were $2,500 a piece.
Deputy Baker said that he and the two Victoria night
deputies along with other members of the sheriff's office and the
Minnesota state patrol have worked with traffic speed enforcement on 86th
Street. He said that he spends over an hour during the week doing traffic
enforcement just on 86th Street. Deputy Baker stated driving
speeds have come down since summer with the increased enforcement. He said
he typically doesn't see speeds in excess of 45 mph and that data is
documented. He noted the vehicles that he is stopping three quarters of
them are Victoria residents and about a third are Chaska residents. He
explained that when Pioneer Trail was closed in Chaska they saw an
increase in volume during the summer.
Councilmember Amundsen commented on the emails and
said he asked people to tell others to slow down. He said it is a
deceiving road and people gravitate towards what the speed should be. He
said the reconstruction is a must do. He stated they need to move toward
continued enforcement, making it safe and rebuild the road right.
Deputy Baker commented on the speed traps and said he
and another deputy worked for about an hour and a half on 86th
Street hidden and in the 90 minutes they got one speeder. Mayor
Hershberger Thun asked what time that was. Deputy Baker responded mid
afternoon. He also pointed out that a deputy was working on his own with
the laser and he was approached by a resident who mentioned what concerns
were with speeding. He said the deputy had the resident stand where he was
and the deputy proceeded to drive past her at 30 mph. The resident then
told him it appeared he was going much faster than 30 mph. He noted that
some vehicles look like they are traveling faster than they really are.
Vicki Bont said she has lived in Deer Run for 11
years. She said she knows they are going to expand to the south and west.
She stated this is a reasonable plan and this road may go to a boundary
road. She said she has to set her cruise control when she goes on 86th
Street. She noted she often sees deer in the open area. She commented on
her good friends and said there are volunteer firefighters that come from
the north side of Chaska. She explained that they could not access
Chevalle when there was a fire. She said Chaska and Victoria came to a
good agreement. Ms. Bont said she agrees that something has to be done for
the residents. She noted that she slid with her camper up over the curb
just before turning on County Road 11. She said the cable sounds like a
good idea.
Tony Rocheford, 8567 Cedar Court, thanked staff for
meeting with them to talk about the issues. He stated his biggest concern
is to get this addressed. He said his biggest concern as a resident is to
not have this drag out. He noted he lives very close to the road and
recognizes it is going to be there. Mr. Rocheford said they all agree
there is a concern with safety, volume and speed. He stated the simple
answer would be to close 86th Street temporarily until there
are funds to fix the problems.
Councilmember Paulsen asked about the traffic results.
Mr. Uram said that 75% were traveling at 43 mph. He said there have not
been any additional speed studies done.
Councilmember Paulsen stated he is anxious to expedite
this. Mr. Uram said it was nice to see the City of Chaska was cooperative
in working on relocating the road to the south. He noted they would need
to work with the landowner to the south. He stated they want to keep this
on schedule. Councilmember Roden asked what the alternatives are if they
can't keep it on schedule. She said she agrees with Councilmember Amundsen
on looking at a cable. She mentioned that for the second year in a row the
Metropolitan Association for Municipalities has in its legislative agenda
to reduce the city limit for roads from 30 mph to 20 mph. She noted this
is an issue in the entire metropolitan area. Councilmember Roden commented
on how they design roads to slow down traffic. She said they need to come
up with a contingency plan if they can't get the road reconstructed in
2011. Mr. Uram stated it is possible to reconstruct 86th Street
in the existing right-of-way that would include a trail on the north side.
He said the challenge is with what else can be done. Mr. Uram talked about
the speeds and said that on collector streets in Victoria the designated
speed limit is 30 mph.
Councilmember O'Connor said he is generally in favor
of the recommendations in the report. He stated it is always dangerous
when they are talking about safety but he wonders if there is a series of
solutions looking for a problem. He stated there hasn't been a history of
injury and questioned if they really have a problem with safety. Mr. Uram
said in his discussions with Fire Chief Walsh he had indicated that there
is no record of injury accidents on 86th Street. He noted that
in his observation people use it to jog, bike and walk and they need to
get people off the road. Councilmember O'Connor asked if any of the short
term solutions proposed will get people off the road. Mr. Uram said no.
A motion was made by Councilmember
Paulsen, to Direct Staff to move forward with the strategies outlined with
the short term and long term sections of the staff report and in addition
staff should come to an early agreement with Chaska about access to 86th
Street because that is invaluable to the development of that property and
will help garner the appropriate right-of-way to do what they need to do
early on. The motion was seconded.
Councilmember Amundsen said the specifics need to be
addressed. He clarified that this motion did not include any additional
safety for barriers along the Pine Court and Cedar Court areas, which are
the greatest concern. He noted he is not satisfied with the motion without
additional safety concerns. He stated the City of Chaska does not support
road closure so they can't close that road. Councilmember Roden asked
Councilmember Paulsen if he would be open to adding a provision about
reviewing the installation of the speed cable along the two areas
suggested. Councilmember Paulsen said no. He said they do not gain
anything by saying they will study things and this is the plan.
With the majority of the members
voting in favor, the motion carried. Vote: 3 Ayes, 2 Nays (Councilmember
Amundsen and Councilmember Roden).
Councilmember Roden indicated she voted no because she
would have liked to seen the cable review.
-B- Zoning Code Update
1) Memorandum
Mr. Uram provided an update from the Planning
Commission and Business Development Committee meetings on the Central
Business District. He clarified that he would like direction on how to
proceed with an ordinance revision. Mr. Uram explained the design
standards have been in place since 2007. He said the recent events include
two expansions within the downtown area and there were questions about the
approval process. He stated that staff made a revision to the Central
Business District zoning standards that would include a review and
approval of both the Planning Commission and City Council. Mr. Uram said
that language was taken to the Planning Commission and the Business
Development Committee and the consensus was they did not want to add
additional layers of approval in to the overall city process. Mayor
Hershberger Thun referred to the 2007 minutes and how they got to where
they are. She noted the Business Development Committee said those
standards should possibly be tightened. Mr. Uram said there were also
comments at the Planning Commission to have trigger points for review.
Councilmember Amundsen commented on the City Council
getting the courtesy in a staff report on what is going on. Mayor
Hershberger Thun clarified that the Planning Commission stated there is a
communication problem not an ordinance problem.
Councilmember O'Connor talked about being in the
development business and said he doesn't ever remember going in to an area
to approve a significant structure where he didn't have to go to the City
Council for approval. He said in his experience this is how most cities do
business. He noted it doesn't slow down development. Councilmember
O'Connor referred to the Lakeside Development project as an example and
said the roof structure could be changed and the project could be started
tomorrow. He stated they are the elected representatives of the city and
he wants to tighten up the design standards. He said he supports
development and wants to make the rules clear. He stated they should have
the final say.
Mayor Hershberger Thun called for a recess at 8:26
p.m.
Mayor Hershberger Thun reconvened the meeting at 8:28
p.m.
Councilmember O'Connor clarified that as the
obligation to the city he thinks it is the City Council's responsibility
to take heat for what gets built in the city. He said it is discipline
that makes a better city.
Mayor Hershberger Thun referred to the Lakeside
Development project as an example and asked how the roof could be changed.
Mr. Uram said the current code addresses primarily building materials. He
said it doesn't address the architectural piece. Mayor Hershberger Thun
asked how it would be different if it was changed. Mr. Uram said what the
City Council would be approving would be a set of architectural
elevations. Mayor Hershberger Thun asked why staff couldn't do that and
then report to the City Council. Mr. Uram said what they have the ability
to enforce is the building materials and the code. Mayor Hershberger Thun
asked if the architectural piece could be put in to the code. Mr. Uram
said they could and he is comfortable with final City Council approval. He
said staff could work on the plans then have it go to the Planning
Commission and then City Council for the ultimate approval.
Councilmember Paulsen commented on the required
documentation before it comes to the City Council. He said they need much
more and much better documentation. He noted that he agrees with
everything that Councilmember O'Connor said.
Mayor Hershberger Thun clarified that the City Council
wants to have a much more strenuous approval standards and much more
strenuous delivered materials. She said she doesn't want to go back to
prior to 2007. She questioned what they will go to. Mr. Uram said the
language was just some of staff's suggestions. He said they will go back
and work on this and bring it back to the City Council with some
recommended language. He noted this will be back December 14th.
(12) REPORTS OF THE MAYOR, COUNCIL
MEMBERS, ATTORNEY, COMMITTEES, AND CITY ADMINISTRATOR
Mr. Norton reported he is working with Ms. Kreft on a
memorandum of understanding concerning the master planning of the Marsh
Lake Hunt Club area. He said this is one of the areas the 1,000 Friends
grant is being used for. He stated they have a draft of an agreement.
Councilmember Roden said the Marsh Lake Hunt Club has a real concern about
what there land is going to be approved to be in the future. Councilmember
Paulsen asked how big the document is. Mr. Norton said it is a couple of
pages. Councilmember Paulsen said he is anxious to see it as soon as
possible. Mr. Norton said the intent is to have this come before the City
Council on December 14th.
Mayor Hershberger Thun clarified that there will be a
Truth-n-Taxation meeting on December 14th at 6:30 p.m.
Mayor Hershberger Thun said the city offices will
close at noon on December 24th.
Mayor Hershberger Thun stated there will only be one
City Council meeting in December. The December 28th meeting has
been cancelled.
Mayor Hershberger Thun reported she attended a
transportation meeting with staff and they have two subcommittees working
on this. She noted the next meeting will probably be in March.
Mayor Hershberger Thun said that she and Mr. Uram also
attended the League of Minnesota Cities meeting. She provided a handout of
the presentation of the economy.
Mayor Hershberger Thun reminded everyone that
Saturday, December 5th is the Senior Commission holiday party
and Christmas in Victoria begins at 3:00 p.m. downtown.
Mayor Hershberger Thun said that Sunday, December 6th
is the Lions pancake breakfast.
(13) DISCUSSION:
None.
(14) CLOSED SESSION:
-A- Three Rivers Park District
Mr. Norton stated they will be discussing issues
relating to the Three Rivers Park District land swap development
agreement.
A motion was made by Councilmember
O'Connor, to close the session to discuss the Three Rivers Park District
land swap contract at 8:42 p.m. The motion was seconded. With all
members voting in favor, the motion carried. Vote: 5 Ayes, 0 Nays.
(15) ADJOURNMENT:
A motion was made by Councilmember
Roden, to adjourn the meeting at 9:54 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.
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