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The City Council meets on the 2nd and 4th Thursday of each month at 6:30 p.m. in the City Hall Council Chambers.

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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:

  1. The existing driveway not increase in size and only be used for the access of vehicles and equipment requiring proximity to burial sites.

  2. Parking of visitors for funerals shall be on-street or off-street in the Church parking lot.

  3. Landscaping shall be provided as a buffer between the burial sites and the property as shown in the site plan.

  4. 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.

  5. 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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Victoria, MN 55386
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