Pursuant to due call and notice thereof, a regular meeting was duly held at the Woodbury City Hall, 8301 Valley Creek Road, on the 24th day of July, 2002.
CALL TO ORDER
Mayor William Hargis called the meeting to order at 7:30 p.m. Audience, staff, and Council pledged allegiance to the flag of the United States of America.
ROLL CALL
Upon roll call the following were present: William Hargis, Michael Madigan, Peter Rekow, and Cheryl Hurst. Absent: Michael Charron. Others Present: Barry Johnson, City Administrator, Jim Lammers, City Attorney; Dwight Picha, Community Development Director, David Jessup, Public Works Director, Tom Syfko, Consulting Engineer, and Barry Peters, Consulting Engineer.
Mayor Hargis welcomed those watching at home to join the Council meetings and call City Hall if they need information. He also referred to the manila brochures located on the chairs entitled "Welcome to the Woodbury City Council Meeting" and noted there are Public Input Sign-Up Sheets, and invited audience members to sign them and give them to a staff member if they wished to comment during the meeting. He also noted that the times listed on the Agenda are only estimates and that items may be addressed by the Council earlier or later than those times listed.
OPEN FORUM
There were no speakers.
CONSENT AGENDA
Mayor Hargis explained that Consent Agenda items are considered routine and are adopted by one motion in an affirmative vote of the Members. He said there is no separate discussion of these items unless a Council Member or citizen so requests, in which event the item(s) will be removed from the Consent Agenda and considered during the Discussion portion of the agenda.
Moved by Mayor Hargis, seconded by Member Madigan, to approve the Consent Agenda, Items 5A through 5W.
Item A To authorize a bid date of August 22, 2002 for the 2002 Park Paving Project.
Item B To approve the payment of $12,000 to Melrose Pyrotechnics, Inc. for the 2002 4th of July fireworks display.
Item C To authorize staff to enter into a grant agreement with the state.
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, AUTHORIZING THE PREPARATION OF THE PRELIMINARY REPORT FOR THE ASHWOOD ADDITION WATER, SEWER AND STREET IMPROVEMENTS
Item D To adopt the following resolution: RESOL. NO. 02-153
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, REJECTING ALL THE JULY 18, 2002 BIDS RECEIVED AND ESTABLISHING A NEW BID DATE OF AUGUST 22, 2002 FOR THE NORTHEAST TRUNK FORCE MAIN AND GRAVITY SEWER MAIN IMPROVEMENT PROJECT
Item E To adopt the following resolution: RESOL. NO. 02-153A
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, AWARDING THE CONTRACT FOR THE GLEN ROAD STORM SEWER UNDERPASS IMPROVEMENTS TO HYDROCON INC. WITH A NET BID OF $147,780.00 AND AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR TO SIGN SAID CONTRACT
Item F To adopt the following resolution: RESOL. NO. 02-154
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, AWARDING THE CONTRACT FOR THE EAST WOODBURY ELEMENTARY SCHOOL AND EAGLE CREST ADDITION WATER, SEWER AND STREET IMPROVEMENTS TO DANNER INC. WITH A NET BID OF $1,631,359.08 AND AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR TO SIGN SAID CONTRACT CONDITIONAL UPON NEWLAND DEVELOPMENT AND INDEPENDENT SCHOOL DISTRICT COMPLETING AMENDED DEVELOPER AGREEMENTS
Item G To adopt a motion authorizing participation not to exceed $5,000 and execution of the Letter of Understanding for the League of Cities Guide Plan.
Item H To adopt the following resolution: RESOL. NO. 02-155
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, APPROVING THE PRELIMINARY REPORT FOR THE CITY WALK UTILITY AND STREET IMPROVEMENTS INCLUDING HUDSON ROAD EAST OF CSAH 19 AND STORM SEWER FOR CSAH 19 AND HUDSON ROAD IMPROVEMENTSItem I To adopt the following resolution: RESOL. NO. 02-156
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, APPROVING THE PRELIMINARY REPORT, WAIVING THE PUBLIC IMPROVEMENT HEARING, ORDERING THE PROJECT, AUTHORIZING THE PREPARATION OF PLANS AND SPECIFICATIONS, AND AUTHORIZING THE PREPARATION, ACQUISITION AND IF NECESSARY, CONDEMNATION OF EASEMENTS FOR THE DANCING WATERS ADDITION WATER, SEWER AND STREET IMPROVEMENTS
Item J To adopt the following resolution: RESOL. NO. 02-157
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, APPROVING THE PRELIMINARY REPORT, WAIVING THE PUBLIC IMPROVEMENT HEARING, ORDERING THE PROJECT, AUTHORIZING THE PREPARATION OF PLANS AND SPECIFICATIONS, AND AUTHORIZING THE PREPARATION, ACQUISITION, AND IF NECESSARY, CONDEMNATION OF EASEMENTS FOR THE HABITAT FOR HUMANITY ADDITION WATER, SEWER AND STREET IMPROVEMENTS
Item K To adopt a motion approving Work Order No. 10 in the amount of $20,580.15, Work Order No. 11 in the amount of $6,297.00, Work Order No. 12 in the amount of $8,437.14 and Supplemental Agreement No. 6 in the amount of $68,000.00, all associated with the I-494/Tamarack Road Interchange Project.
Item L To adopt the following resolution: RESOL. NO. 02-158
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, AUTHORIZING PAYMENT OF $175,000.00 TO GERALD GROSS FOR FEE TITLE PURCHASE OF 2.07 ACRES OF PARCEL 72001-2760 AND $21,800.00 FOR A 1.58 ACRE TEMPORARY CONSTRUCTION EASEMENT ACROSS PARCEL 72001-2760 FOR THE NORTHEAST TRUNK SANITARY SEWER LIFT STATION AND FORCE MAIN IMPROVEMENTS
Item M To adopt the following resolution: RESOL. NO. 02-159
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, APPROVING THE PLANS AND SPECIFICATIONS AND ESTABLISHING AN AUGUST 22, 2002 BID DATE FOR THE NORTHEAST TRUNK SANITARY SEWER LIFT STATION IMPROVEMENT PROJECT
Item N To adopt the following resolution: RESOL. NO. 02-160
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, APPROVING THE PRELIMINARY REPORT, WAIVING THE PUBLIC IMPROVEMENT HEARING, ORDERING THE PROJECT, AUTHORIZING THE PREPARATION OF PLANS AND SPECIFICATIONS, AND AUTHORIZING THE PREPARATION, ACQUISITION, AND IF NECESSARY, CONDEMNATION OF EASEMENTS FOR THE WYNDHAM PONDS ADDITION WATER, SEWER AND STREET IMPROVEMENT
Item O To adopt the following resolution: RESOL. NO. 02-161
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, AUTHORIZING THE PREPARATION OF THE PRELIMINARY REPORT FOR THE TAMARACK VILLAGE WEST TOWNHOMES WATER, SANITARY SEWER, STORM SEWER AND STREET IMPROVEMENTS
Item P To adopt the following resolution: RESOL. NO. 02-162
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, WAIVING THE MAXIMUM 3% CONTRACT MOBILIZATION CHARGE REQUIREMENT AND AWARDING THE CONTRACT FOR THE 2002C STREET IMPROVEMENTS TO VALLEY PAVING, INC. WITH A NET BID OF $238,787.30 AND AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR TO SIGN SAID CONTRACT CONDITIONAL TO COMPLETION OF DEVELOPERS ACTIVITIES
Item Q To adopt the following ordinance: ORD. NO. 1730
ORDINANCE OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, AMENDING CHAPTER 4 OF THE CITY CODE
Item R To approve issuing a temporary 3.2 percent malt liquor license to the Woodbury Days Council for 3.2 percent malt liquor sales at Ojibway Park from 5:00 p.m. to 11:00 p.m. on Friday, August 23, 10:00 a.m. to 11:00 p.m. on Saturday, August 24; and noon to 7:00 p.m. on Sunday, August 25th with the following restrictions:
1. The Woodbury Days Council must hire a police officer to work from 6:00 p.m. to close on Friday and Saturday. During the time the officer is present, it is okay to have untrained servers working.
2. When there is not an officer present, only servers that have been trained will be allowed to work. The Police Department will provide this approximate one-hour training at no cost to the applicant.
3. While an officer is on duty, each customer will be allowed to obtain up to two alcoholic beverages at a time.
4. When there is not an officer present, each customer will only be allowed to obtain one alcoholic beverage at a time.
5. The applicant will need to put up a temporary fence to help monitor access.
6. A Minnesota produced beer must be available for purchase.
7. Bottled beverages must be poured into plastic cups upon sale of such beverages.
Item S To issue a tobacco license to Sam's West, Inc. dba Sam's Club #6313 for the period of July 25, 2002 through December 31, 2002.
Item T To adopt the following resolution: RESOL. NO. 02-163
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, AUTHORIZING PARK & RECREATION DEPARTMENT STAFFING LEVEL CHANGES EFFECTIVE IMMEDIATELY
Item U To adopt the following resolution: RESOL. NO. 02-164
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, RELATING TO THE 2002 SALARY RANGES AND CURRENT SALARIES FOR DIRECTOR OF COMMUNITY DEVELOPMENT, DIRECTOR OF PUBLIC SAFETY AND CITY ADMINISTRATOR POSITIONS EFFECTIVE IMMEDIATELY
Item V To adopt the following resolution: RESOL. NO. 02-165
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, APPOINTING KRISTIE COOPER AS PART-TIME SECRETARY B-ADMINISTRATION EFFECTIVE AUGUST 5, 2002
Item W To approve the Abstract of Bills for July 24, 2002 in the amount of $941,465.79.
Voting via voice:
Michael Madigan - aye
Peter Rekow - aye
Cheryl Hurst - aye
Michael Charron - absent
William Hargis - aye
PUBLIC HEARINGS
Chris Murphy, Public Safety Department, outlined Council Letter No. 02-308. The 3.2% malt liquor will be sold in the main store, and they will have also have a liquor store adjacent to the main store and are requesting the off sale intoxicating liquor license. The stores are connected by a common vestibule, but are separate stores. Background investigations were performed on the principals of this corporation and the criminal history checks all came back clear. Sam's West operates 18 other stores in Minnesota that hold liquor licenses. After checking with police departments in other cities, staff found a few failed alcohol compliance checks. One was in Mankato in March of 1998, and they were issued a warning. Another was in Owatonna in January, 2002 and the business was fined $500. Another was in the White Bear Lake store in April, 2001, where they failed their third compliance check in an 18 month period, so they had to serve six days of a 30 day suspension that was issued by the city council, with the remaining 24 days to be served if there is another violation before April, 2003.
Ms. Murphy said that staff has provided the applicant with a copy of the City's Ordinance and Alcohol Violation Policy. They discussed the City's server training program with them and have offered staff's assistance to them. Staff is recommending that the licenses be issued to Sam's West.
Moved by Member Madigan, seconded by Member Rekow, to close the public hearing.
Voting in favor: Hurst, Madigan, Rekow, Hargis
Voting against: None
Absent: Charron
Moved by Member Hurst, seconded by Member Madigan, to approve the Sam's West, Inc. dba Sam's Club #6312, Off Sale Intoxicating Liquor License and Off Sale 3.2% Malt Liquor License.
Voting in favor: Hurst, Madigan, Rekow, Hargis
Voting against: None
Absent: Charron
Dwight Picha, Community Development Director, outlined Council Letter No. 02-309. Washington County is requesting an amendment to the City's Comprehensive Land Use Plan to allow their 15 acre parcel located on the southeast quadrant of Bailey Road and Cottage Grove Drive to be allowed to be entered into the Urban Service Area. This is their shop that serves the south part of Washington County, mainly for roadway maintenance. The first phase was built about 20 years ago and has expanded a couple of times since then. The Urban Service Area boundary has been changed and now it runs along the north side of Bailey Road, which they are adjacent to. The City adopted a policy in 1996 which allowed certain types of uses to be considered for MUSA amendments if they met the criteria. In this case, it does meet the criteria that they are a public type facility that is providing services in the area. Washington County's well system is not longer able to be used for drinking purposes, and because the area is expanding, they would like the City to look at the feasibility of expanding those sewer and water lines to their site as part of the review and approval process of the Bailey Farms property.
Mr. Picha indicated that staff has met with the county a couple of times and it is their understanding that the county is also preparing a master plan for the 15 acre site to show how it could ultimately be developed. This report should be available within the next few months.
Mr. Picha stated that a neighborhood meeting was held and two residents were present at the meeting.
Jim Erkel of the Planning Commission addressed the Council. The Commission discussed the proposal subject to the Council's policy on MUSA expansion, and they were also mindful of the precedent that was set by the Bielenberg Sports complex, Bailey Elementary School, and St. Ambrose and St. John's. He said that no major objections were raised at the neighborhood meeting. The Commission had questions about the source and extent of the nitrate contamination in the area and it was indicated that the source is unknown and there have been problems reported in residential wells to the south. There was also a question about sealing the well and staff indicated that this would be subject to both state and federal requirements. The Commission recommended approval of this item by a unanimous vote, subject to a condition that the expansion be reviewed and approved by the Metropolitan Council.
Moved by Member Rekow, seconded by Member Madigan, to close the public hearing.
Voting in favor: Hurst, Madigan, Rekow, Hargis
Voting against: None
Absent: Charron
Mayor Hargis stated this proposal is consistent with the City's policy, as it is a public use. The City would not be so sympathetic if it were a private use. He said it is important to get this done before they prepare their master plan.
Member Rekow introduced the following resolution and moved its adoption: RESOL. NO. 02-166
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, APPROVING THE COMPREHENSIVE PLAN AMENDMENT FOR THE 15-ACRE METROPOLITAN URBAN SERVICE AREA EXPANSION, CASE NO. 02-36, FOR WASHINGTON COUNTY, BASED ON THE FACT THAT THE PROPOSAL MEETS THE CRITERIA ESTABLISHED IN THE CITY'S MUSA EXPANSION POLICY AND SUBJECT TO REVIEW AND APPROVAL BY THE METROPOLITAN COUNCIL
The motion for the adoption of the foregoing resolution was duly seconded by Member Madigan and upon roll call being taken thereon, the following voted via voice:
Michael Madigan - aye
Peter Rekow - aye
Cheryl Hurst - aye
Michael Charron - absent
William Hargis - aye
Dwight Picha, Community Development Director, outlined Council Letter No. 02-310. This property is located on the southwest quadrant of Bailey Road and Woodbury Drive and consists of 15 acres. The City Council previously approved a minor subdivision for this property, and one of the conditions of that approval was that there be provisions made for the future extension of the street through the site to interconnect into the area as it develops. They are also requesting that they be placed within the Urban Service Area and in this case, the policy is not met in that the policy includes churches with related facilities for teaching traditional elementary and secondary curriculums. From staff's perspective, however, the Metropolitan Council will be building a new sewer treatment plant in Cottage Grove and an interceptor to service most of Woodbury. That line is being built up Woodbury Drive and will be within this property. Staff feels that since the sewer will be right at the site and they are building a significant sized church with large expansion plans in the future, it would be prudent to have that church hook up to sewer and water at this time, rather than having private systems installed. The zoning is R-1 and churches are allowed as a conditional use permit with on-site systems.
Mr. Picha said that staff reviewed the policy and the policy states that it would apply until the City has the new Comprehensive Plan in place, and as part of that process, the discussion was that it would keep this in place permanently. Staff believes it would be appropriate for the City Council to revisit the issue in general to see if there should be any other changes the Council would like to make. This item will be on the City Council's August workshop meeting.
Jim Erkel of the Planning Commission addressed the Council. The Commission read the policy assuming that the change that staff is recommending would be in place. The Commission was also mindful of the precedents that have been set in these decisions, as well as the minor subdivision that had been granted in this case. The Commission heard from staff regarding whether there would be sufficient capacity for regional services. The Commission recommended approval subject to three conditions that would limit the expansion and also restrict the use of the property to a church.
Moved by Member Madigan, seconded by Member Rekow, to close the public hearing.
Voting in favor: Hurst, Madigan, Rekow, Hargis
Voting against: None
Absent: Charron
Member Madigan introduced the following resolution and moved its adoption: RESOL. NO. 02-167
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, APPROVING THE COMPREHENSIVE PLAN AMENDMENT FOR A 15-ACRE METROPOLITAN URBAN SERVICE AREA EXPANSION, CASE NO. 02-35 FOR RESURRECTION LUTHERAN CHURCH SUBJECT TO THE THREE CONDITIONS
The motion for the adoption of the foregoing resolution was duly seconded by Member Rekow and upon roll call being taken thereon, the following voted via voice:
Peter Rekow - aye
Cheryl Hurst - aye
Michael Madigan - aye
Michael Charron - absent
William Hargis - aye
Dwight Picha, Community Development Director, outlined Council Letter No. 02-311. There will only be access from Bailey Road directly across from Wellington Lane. This will be dedicated as a right-of-way for a public street to be extended in the future. The church's first phase would be on the east end of the site. They have done a master plan for the site showing how the future additions would be added on to the church, with the parking extending to the west. The parking lot is adjacent to Woodbury Drive and Bailey Road with 180 spaces. There is a tree line between the Oehlke farmstead and this property that will be retained. Storm water ponding for the site will be in the northwest corner of the area. Drainage comes down Bailey Road and will drain into a pond before it discharges into the county road system toward Bailey Lake.
Mr. Picha displayed a floor plan for the first phase of development. There will be a driving lane in front of the building. There will also be office space and classrooms. There will be rock faced block on the bottom of the building and a stucco type material on the majority of the building, with significant amounts of glass on the front of the building. There is some vinyl siding being proposed on the west side, which does not have much of a view from the public. This is the area where they will be expanding the future.
Jim Erkel of the Planning Commission addressed the Council. He stated that a neighborhood meeting was held and there were not major objections to the proposal. The Commission discussed the possible expansion to the west and the siding on the west side of the building. There was also a question about going ahead and putting in berming and landscaping along the south end. However, it was pointed out that there was an area of trees there already and it wasn't clear what kind of expansions would take place, so the Commission put that issue to the side at this time. The Commission voted to recommend approval of this conditional use permit and final and building plans, subject to staff's conditions, as well an additional condition stating that all the conditions outlined in the Engineering Division's memo be included.
Moved by Member Rekow, seconded by Member Madigan, to close the public hearing.
Voting in favor: Hurst, Madigan, Rekow, Hargis
Voting against: None
Absent: Charron
Member Madigan asked if this was the area where the soils are highly conducive to infiltration. David Jessup replied that he is not sure about this specific site, but this part of Woodbury is an area that is more conducive to infiltration. Staff will be looking at this during the pond design. Member Madigan asked if it was the goal to infiltrate as much of the storm water as possible from this site so it doesn't have to be pumped down to Bailey Lake. Mr. Jessup said that at this point there hasn't been a lot of discussion the specific design elements of the pond. Staff does expect to have an outlet to Bailey Lake, because in the case of larger events, the water will discharge off this site regardless of the pond size.
Mayor Hargis asked if staff has looked at the traffic counts that could occur because the entrance is close to Woodbury Drive. Mr. Jessup said that the access point has been previously approved by Washington County for access to Bailey Road, so it is consistent with the county's goals. He doesn't believe at this point a traffic signal will not be warranted in the future. He also noted that their driveway will be a public road that continues south and ties into other properties which lie south of this property and ultimately will have an additional access on Woodbury Drive. The surrounding areas are zoned urban mixed residential land use, and with that type of densities, it is unlikely that this location will warrant a signal, at least not for many years. Mr. Picha noted that there is condition no. 37 which refers to future signal installation.
Member Hurst noted that the church across the street from this project has a parking lot on the northeast side of the building, adjacent to Valley Creek, and not on the corner pointing towards the intersection. She asked if there was going to be berming and screening on the corner where the parking lot will be. Mr. Jessup replied that the landscaping plan shows about a four foot high berm at a 45 degree angle to the intersection, and will have plantings on top of it. He also said there may be some staging of the landscaping because the interim sanitary sewer will be on-site holding tanks, but ultimately that corner is where the municipal sewer service will be provided to the site. He said this construction schedule for this pipe is to bid the project late this year and the tunneling work will probably go on during the winter months and into next summer. They are not planning to have the system operational until very late in 2003 or early months of 2004. He said the Cottage Grove facility is under construction. There is also a bike path on the west side of Woodbury Drive, south of Lake Road, that has been on hold until the tunneling activities are completed.
Mayor Hargis asked if the City is allowing this church to tie into the sewer line because it is a church and a quasi-public use and other churches have been allowed to do this and is it the City's intention to take a look at the land to south to see if they should tie into it. Mr. Jessup stated that the current Comprehensive Plan shows about the first one-eighth of a mile on the west side of Woodbury Drive to be within the MUSA boundary. The area west of that is called the estate area. As part of the adoption of the Plan, the Council said that the dividing lines are schematic and that the actual line will be based upon the depth of the sewer and where gravity service can be provided. Based on the two foot land topography from Washington County, and based upon a more refined plan for the tunnel itself, there is a considerably larger area on the west side of Woodbury Drive, east of Salem Meadows, that can be served by gravity sanitary sewer. The current boundary will shift west as this area comes into the phase of development. This includes properties that go almost down to Dale Road. Mayor Hargis commented that he received a letter from a property owner in this area asking if they could be considered earlier for entry into the sewer. Mr. Jessup said that the area to be served will change, but the phasing of the timing of the hookups is not proposed to change.
Moved by Member Madigan, seconded by Member Rekow, to approve the Resurrection Lutheran Church Conditional Use Permit and Final Site and Building Plan Approval, Case Nos. 02-40 and 02-41, subject to the following conditions:
1. A building or grading permit shall be issued when the Metropolitan Council approves a MUSA expansion.
2. All trash enclosures shall be constructed of the same materials used on the building and shall have solid wood doors.
3. All rooftop or ground mounted mechanical equipment shall be screened with the same materials used on the building.
4. Signs shall be regulated by the Sign Ordinance.
5. Freestanding light poles shall be twenty-five feet in height and shall be downward directed, shoebox style, sodium vapor with flush lens.
6. Other than decorative or wash lighting, all attached lighting shall be downward directed, shoebox style, sodium vapor with flush lens.
7. Canopy overhangs or soffit lighting shall have a flush lens.
8. Parking lots shall have curb and gutter except driveways leading to the main parking lot and those areas that are designed to be expanded.
9. The conditions for the Minor Subdivision, Case 01-57 shall remain in full force and effect.
10. The church shall use holding tanks until the Metropolitan Council interceptor is available at which time the church shall be required to connect to it in a manner approved by the City Engineering staff.
11. A Conditional Use Permit shall be signed by the applicant and recorded by the City Attorney's office prior to the issuance of a building permit.
12. All revised plans including sediment control, grading and drainage, utility, landscaping, signage and lighting plans, shall be re-submitted to the City for review and approval prior to issuance of a building permit.
13. All existing and new right-of-way, drainage and utility easements or other encumbrances shall be shown on the final plat.
14. Storm water ponding shall be constructed to serve all development within Parcel A and Parcel B of the property.
15. Additional drainage and utility easements may be required along the south side of Bailey Road to accommodate construction of the storm sewer facilities. Once the design of this storm sewer is finalized, any additional easements necessary shall be dedicated to the City by the Developer at no cost.
16. The Developer shall petition the City for the preparation of a preliminary report that will identify the necessary future public street and utility improvements. Cash escrow shall be submitted with this petition as determined following a meeting with the City's consultant engineers.
17. Maintenance access easements and agreements shall be granted to the City, at no cost, over all parking lots, and driveways within the development.
18. A street light/intersection lighting plan shall be submitted for review and approval by the City.
19. The preliminary and final plat shall include sufficient street right-of-way for through traffic and channelization in conformance with City requirements.
20. The Developer shall be responsible for obtaining any necessary local, state or federal permits prior to commencing of any grading or utility construction activities within the project area.
21. The utilities servicing future development shall be designed to allow for flexibility when considering possible designs or layouts and is subject to City approval.
22. Sump manholes shall be required in all storm sewer structures that discharge directly into storm water ponds.
23. All rim, invert, pipe sizes and gradients for all utilities shall be shown on the utility plan.
24. All storm water ponds, outlets, and emergency overflows (EOF) shall be designed and constructed per City standards.
25. The new access and future public street serving the development shall meet Bailey Road in alignment with Wellington Lane.
26. The Developer shall be responsible for all maintenance, replacement or restoration activities associated with any landscaping that is placed within any public right-of-way, drainage and utility easement areas or maintenance access areas, regardless of the reason for the activity.
27. All landscaping shall be kept out of "sight distance triangles" at all intersections within the entire development.
28. The City reserves the right to review and approve all locations and types of landscaping as it relates to existing and proposed public utilities, streets, right-of-way, easements, "Outlots", maintenance access areas or pathways.
29. A final landscaping plan, including landscaping between the future parking lot expansion and the south property line shall be reviewed and approved by the City.
30. The Developer shall be 100% responsible for all costs associated with the planning, design, construction, installation, maintenance, inspection, repairing and replacement of all interior streets, streetlights, pavement markings, traffic control devices and pedestrian signage associated with this project.
31. The only public street associated with this development shall be the southerly extension of Wellington Lane.
32. All street signage and stripping shall be consistent with the Minnesota Manual for Uniform Traffic Control Devices and as directed by the City.
33. The Developer shall be responsible for all maintenance activities associated with street signage or street lighting. All maintenance activities shall be performed within 30-days after being notified by the City of any deficiencies.
34. The Developer shall be 100% responsible for the cost of street lighting at the intersection of Bailey Road and the new future public street.
35. The City shall design the new future public street and all associated utilities.
36. The City's Public Safety Department reserves the right to review and approve the "No Parking" signage plan and may require additional "No Parking" signs or areas in the future. The Developer shall be 100% responsible for all costs associated with the installation of "No Parking" signs.
37. If warranted by the City or Washington County in the future, the Developer shall be responsible for funding 50% of the project cost to upgrade the new street intersection at Bailey Road with traffic signals.
38. The Developer shall be responsible for all area charges on the developed portion of the property except the access driveway and the pond, and connection charges identified by the City and the Metropolitan Council. Area charges will be collected on the remaining portions of the property as the site is further developed in potential phases.
39. All storm water ponds and erosion control devices constructed with this project shall be cleaned of silts and debris after the initial construction phase.
40. The Developer shall be 100% responsible for the construction of turn lanes along Bailey Road, as required by Washington County.
41. Development of any portion of the property, which cannot be served by gravity service to the Metropolitan Council interceptor, shall not be developed until a lateral sanitary sewer is available from the adjacent south property.
42. The Developer shall be responsible for any utility lateral benefit charges.
43. The Developer shall provide, at no cost, any additional right-of-way along Woodbury Drive or Bailey Road as required by the City, County or Metropolitan Council Environmental Services.
44. The Developer shall be 100% responsible for all storm water drainage improvements to transmit flow from the ponding area to Bailey Lake.
45. The Developer shall comply with all requirements from the appropriate watershed district.
46. Developer shall be responsible for 100% of the cost of the planning, design and construction of all infrastructure required to serve the Church.
47. The Developer shall be 100% responsible for the cost of any interim and ultimate sanitary sewer facilities necessary to serve the site, including the public sanitary sewer connection to the MCES interceptor.
48. The Developer shall be 100% financially responsible for the planning, design and construction for the public street to their south property line as part of future development of the site or when requested by the City, whichever occurs first.
49. A building permit shall not be issued until a preliminary engineering report has been prepared and concurred in by the Developer, and the Developer has executed the Conditional Use Permit and provided all necessary financial security.
Voting in Favor: Hurst, Madigan, Rekow, Hargis
Voting Against: None
Absent: Charron
David Jessup, Public Works Director, outlined Council Letter No. 02-312. He said to proceed with the implementation of the church and site improvements, staff is requesting authorization to prepare a preliminary engineering report which will evaluate the cost and feasibility of providing the water, sewer, storm water, and street improvements necessary to serve this site.
Member Rekow introduced the following resolution and moved its adoption: RESOL. NO. 02-168
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, AUTHORIZING THE PREPARATION OF THE PRELIMINARY REPORT FOR THE RESURRECTION LUTHERAN CHURCH WATER, SEWER AND STREET IMPROVEMENTS
The motion for the adoption of the foregoing resolution was duly seconded by Member Madigan and upon roll call being taken thereon, the following voted via voice:
Cheryl Hurst - aye
Michael Madigan - aye
Peter Rekow - aye
Michael Charron - absent
William Hargis - aye
DEPARTMENT REPORT
Neighborhood Meetings
Planning Commission Scheduled for August 5, 2002
Public Hearings Scheduled for August 14, 2002 Council Meeting
Other Meetings
DISCUSSION
There were no discussion items.
OTHER ITEMS
Member Madigan asked if the Council could talk about the situation on Wilmes Lake, and what the City's options are with regard to either criminal prosecution or asserting a legal claim for the loss of City property. Barry Johnson stated that the developer of property in the northeast part of Wilmes Lake went in and essentially clear cut not only a portion of his own site, but a portion of land that was going to the City or would be going to the City. This is in violation of City ordinance. He believes that the City has both a civil cause of action against him and as a violation of the ordinance, it would be a criminal matter as well. Staff has asked the City Attorney for his recommendation on how to proceed, but Mr. Johnson has not had a chance to discuss it with him yet. Jim Lammers, City Attorney, said that he has had some preliminary discussions with Steve Kernik and he said the focus at the moment is to create a restoration plan and get the participation of the developers, monetarily and otherwise. There is clearly the opportunity for criminal prosecution, but this process has not been started yet.
Member Madigan commented that if this is not painful economically for the developer, then someone could make a conscious decision to cut property to enhance the value of their land and benefit economically by it. He believes that the City needs to be aggressive in pursuing this claim. Mr. Lammers stated that staff shares his concern, and he intends on being as aggressive as possible.
Mayor Hargis stated that he learned about this on Monday and he had a call yesterday morning from the developer, and the developer came in to meet with Mayor Hargis. Mayor Hargis told the developer that he had better come up with an affirmative and proactive restoration plan. The developer had a contrite and humble attitude. He believes it should be a substantive restoration plan, not just some landscaping here and there.
Member Hurst said she knows someone who lives in the Markgrafs townhomes and if you are in this person's condominium and look out the window, there is one home that cut on City's property. She stated that the Council should look at making these types of situations consistent.
Member Rekow stated that the added value to the person's property was to be able to view the lake. If the City knew what the land looked like before, they should try to get back as close as possible to what it was.
Mr. Johnson said that staff is making an increased effort to defend the City's property. It is becoming a more serious issue and staff is finding that more and more people believe that they seem to have the right to use the City's parks as part of their own yards or that they have the right to go in and remove vegetation in the public park to enhance their own view. It may take some time to get to all the instances, depending on staff availability to investigate. Mr. Johnson stated that staff is approaching this from the standpoint of first concentrating on physical intrusions into City parks and removing those.
Mayor Hargis noted that as the City steps up enforcement, there will be people coming in with contrary opinions about what is wrong with their firepit or ice rink in a City park.
Member Madigan asked if there were conditions in the approvals that were already granted that would give the City the right to rescind if the City didn't get a restoration plan that was satisfactory. Mr. Johnson replied that he isn't sure what the specific conditions were for this approval, but he doesn't believe there is anything directly addressing this item, but there may be a more general matter of law that would govern. Mayor Hargis stated that the ordinance is very clear. He said there is a possibility the City could put a hold on this person's activities. He encouraged the developer to cooperate.
Mayor Hargis adjourned the Council meeting at 8:22 p.m.
Detailed information on agenda items is available on the July 24, 2002 City Council Agenda.