Pursuant to due call and notice thereof, a regular meeting was duly held at the Woodbury City Hall, 8301 Valley Creek Road, on the 9th day of January, 2008.
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: Mayor William Hargis, Council Members: Paul Rebholz, Amy Scoggins, Mary Stephens, and Julie Ohs. Others Present: Clinton Gridley, City Administrator, Kimberlee K. Blaeser, City Clerk, Mark Vierling, City Attorney; Dwight Picha, Community Development Director, and David Jessup, Public Works Director.
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.
SPECIAL ORDER OF BUSINESS
There were no speakers.
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 Member Ohs, seconded by Member Rebholz, to approve the Consent Agenda, Items 6A through 6T.
Item A Approval of Council Minutes – November 14, 2007.
Item B Interim Conditional Use Permits. Staff recommends Council to approve the renewal of seventeen (17) Interim Conditional Use Permit and conditional approval of one (1) permit.
Item C To adopt the following resolution: RESOL. NO. 08-01
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, AMENDING RESOLUTION NO. 07-251 TO APPROVE THE PURCHASE OF ONE 2008 STERLING ACTERA CAB CHASSIS AND ONE 2008 STERLING L8500 CAB CHASSIS VEHICLES FROM BOYER FORD TRUCKS COMPANY FOR AN AMOUNT NOT TO EXCEED $113,133 THROUGH THE STATE OF MINNESOTA COOPERATIVE PURCHASING VENTURE; AND
RESOL. NO. 08-02
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, AMENDING RESOLUTION NO. 07-253 TO APPROVE THE OUTFITTING OF ONE CAB CHASSIS TO INCLUDE THE PRUCHASE AND INSTALLATION OF ONE HOOK SYSTEM FROM AMB EQUIPMENT AND SUPPLY FOR AN AMOUNT NOT TO EXCEED $41,070 THROUGH THE STATE OF MINNESOTA COOPERATIVE PURCHASING VENTURE.
Item D Municipal Engineering Consulting Firm, Bonestroo, Inc., Short-Elliot Hendrickson, Inc., WSB & Associates, Inc., Authorization to Extend Agreements, Approve 2008 Hourly Rates. Staff recommends Council to approve the 2008 Schedule of hourly rates for the contracts with Bonestroo, Inc., Short-Elliot Hendrickson, Inc., and WEB & Associates.
Item E To adopt the following resolution: RESOL. NO. 08-03
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, ESTABLISHING A STOP SIGN LOCATION ON NORTHBOUND MARKGRAFS LAKE DRIVE AT CITY WALK DRIVE IN THE CITY OF WOODBURY.
Item F To adopt the following resolution: RESOL. NO. 08-04
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, FOR THE SPECIAL ASSESSMENTS TO BE LEVIED AGAINST HERITAGE PARK 5TH ADDITION.
Item G To adopt the following resolution: RESOL. NO. 08-05
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, FOR THE SPECIAL ASSESSMENTS TO BE LEVIED AGAINST HERITAGE PARK 6TH ADDITION.
Item H Designating Depository of Public Funds. Staff recommends Council to approve the designation of Associated Bank as the City’s depository of public funds for the year 2008.
Item I Approval of Agreement for EMS Billing Services. Staff recommends Council to authorize the Mayor and City Administrator to enter into a contract with Expert T Billing, Inc.
Item J Small Vehicle Permit & License Renewal, Thomas Gregory Preuss dba TGP Transportation. Staff recommends Council to approve the renewal of the small vehicle driver and vehicle license to Thomas Preuss dba TGP Transportation effective January 9, 2008 to December 31, 2008.
Item K. To adopt the following resolution: RESOL. NO. 08-06
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, AUTHORIZING THE ACCEPTANCE OF GIFT OF $990.45 FROM KKE ARCHITECTS.
Item L Designating Legal Newspaper for Publication. Staff recommends Council adopt a motion designating the Woodbury Bulletin as the official newspaper for the year 2008 effective January 1, 2008.
Item M Rescheduling the Wednesday, May 21, 2008 Council Workshop meeting to Wednesday, May 7, 2008. The Workshop will begin at 6:30 p.m. and will be held in the City Council in the City Council Chambers at Woodbury City Hall.
Item N To adopt the following resolution: RESOL. NO. 08-07
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, APPOINTING NATALIE MARTIN TO THE POSITION OF PART-TIME PARAMEDIC EFFECTIVE JANUARY 10, 2008.
Item O To adopt the following resolution: RESOL. NO. 08-08
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, APPOINTING VERONICA GIESE TO THE POSITION OF PART-TIME PARAMEDIC EFFECTIVE JANUARY 10, 2008.
Item P To adopt the following resolution: RESOL. NO. 08-09
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, APPOINTING MATTHEW EDWARDS TO THE NON-EXEMPT POSITION OF POLICE OFFICER EFFECTIVE JANUARY 14, 2008.
Item Q To adopt the following resolution: RESOL. NO. 08-10
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, APPOINTING SUSAN JUNTUNEN TO THE NON-EXEMPT POSITION OF POLICE OFFICER EFFECTIVE JANUARY 15, 2008.
Item R To adopt the following resolution: RESOL. NO. 08-11
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, APPOINTING KAREN HEITZEL TO THE POSITION OF PART-TIME ACCOUNTANT EFFECTIVE JANUARY 22, 2008.
Item S To adopt the following resolution: RESOL. NO. 08-12
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, APPOINTING BRIAN BOESENEILERS, KEVIN LYNCH, ANN MATES, AND TOBIAS OEHLER TO THE NON-EXEMPT POSITION OF PAID-ON-CALL FIREFIGHTER/EMT, EFFECTIVE JANUARY 10, 2008.
Item T To approve the Abstract of Bills for December 14, 2007 in the amount of $1,222,759.72, the Abstract
of Bills for December 21, 2007 in the amount of $836,906.55, the Abstract of Bills for December 28,
2007 in the amount of $1,395,740.85 and the Abstract of Bills for January 4, 2008 in the amount of
$801,583.40. Any purchase contracts requiring the signature of the Mayor and City Administrator are
hereby approved.
Voting via voice:
Julie Ohs – aye Amy Scoggins – aye
Paul Rebholz – aye Mary Stephens – aye
Mayor Hargis – aye
PUBLIC HEARINGS
City Administrator Clint Gridley said for the purposes of continuing discussions with the new owners of these properties, staff is asking the Council to continue the public hearing and staff will re-notice the public hearing once those discussions have been held.
Moved by Mayor Hargis, seconded by Rebholz, to continue the public hearing until the regular City Council meeting on February 13, 2008.
Voting in Favor: Ohs, Rebholz, Scoggins, Stephens, Hargis
Voting Against: None
B. AKITA SUSHI, INC. DBA SUSHI AND HIBACHI, ON SALE WINE AND BEER LICENSE
Investigative Technician, Michele Jurjans, introduced herself to the Council and informed them that she was filling in for Investigative Technician Wendy Simone. Ms. Jurjans stated Akita Sushi Inc. has applied for an on sale wine and beer license for their restaurant and patio located at 779 Bielenberg Drive. Mr. Kong Ni has 100 percent controlling interest in Akita Sushi Inc. and a background check as it pertains to liquor licensing has been conducted on Mr. Ni. All records were clear. Mr. Ni is the previous owner of Mandarin Buffet located in Florida and has since sold his interest in that restaurant approximately six months ago.
Akita Sushi Inc. has submitted all necessary fees for this on sale wine and beer license and the application has been reviewed by the City Attorney. A supplemental Council letter was submitted stating that the issuance of the license will be relative to the name Akita Sushi Inc. as the applicant has not secured a certificate of assumed name for Akita Sushi and Hibachi.
A meeting will be held with Mr. Ni prior to the opening of the restaurant to discuss the Protective Business Manual, City Ordinances, and the Alcohol Violation Policy.
Mayor Hargis recognized a letter that was received from Mr. Robert Cadalbert, Woodbury resident, stating that he believes the City of Woodbury has enough liquor establishments but they understand this restaurant will need a beer and wine license to make their business a success. They do not wish that this applicant be granted a hard liquor license.
Moved by Member Rebholz, seconded by Member Stephens, seconded, to close the public hearing.
Voting in Favor: Ohs, Rebholz, Scoggins, Stephens, Hargis
Voting Against: None
Member Scoggins asked if there were any issues prior to Mr. Ni’s selling of the Florida business that caused his license to become inactive. Ms. Jurjans said any issues would have been stated on the report. She said she did not do the background check and therefore cannot answer that question.
Moved by Mayor Hargis, seconded by Member Scoggins, to approve the issuance of an on sale wine and beer license to Akita Sushi, Inc. at their location at 770 Bielenberg Drive, Woodury, Minnesota.
Voting in Favor: Ohs, Rebholz, Scoggins, Stephens, Hargis
Voting Against: None
C. IRELAND SANDROCK SYSTEMS, INC. DBA AMERICAN BURGER EMPORIUM, ON SALE WINE AND BEER LICENSE
Michele Jurjans, Investigative Technician, stated Ireland Sandrock Systems, Inc., dba American Burger Emporium has applied for an on sale wine and beer license for their restaurant and patio located at 7455 Currell Blvd., Suite 104, Woodbury, Minnesota.
The owners of this restaurant are Brad Ireland, CEO and Eric Sandrock, President. Both officers have a 50 percent controlling interest in the corporation. A background check has been completed and found to be clear. Ireland Sandrock Systems, Inc. owns four other establishments (3 in Minnesota, 1 in Wisconsin). They are McRudy’s Pub (St. Cloud, MN), RumRunners Spirits and Brew Club (St. Cloud, MN), Barbara Jean’s Embers (Milaca, MN) and City Limits (Menomonie, WI). Law enforcement officials in Milaca and Menomonie have reported no violations, however, there were violations in St. Cloud. RumRunners had two compliance failures, one in December ’05 and one in April ’06. McRudy’s had one failure in December, 05.
Ms. Jurjans explained that Investigative Technician, Wendy Simone, will be meeting with the owners and general manager prior to the opening of the restaurant to discuss the Protective Business Manual, City Ordinances, and the Alcohol Violation Policy. Ireland Sandrock Systems, Inc. has paid all necessary fees for the on sale wine and beer license.
The application was reviewed by the City Attorney and Mr. Vierling requested a copy of the executed lease agreement, which was provided to him. A change in the lucrative liability insurance will be secured prior to the issuance of the license. Staff recommends approval of this on sale wine and beer license.
Moved by Member Ohs, seconded by Member Scoggins, seconded, to close the public hearing.
Voting in Favor: Ohs, Rebholz, Scoggins, Stephens, Hargis
Voting Against: None
Member Scoggins asked what the issues were in St. Cloud, and said it seems this is a restaurant, where the other establishments are just bars.
Eric Sandrock, informed the Council that he is owner of the establishment and that he is a Woodbury resident in response to Member Scoggins’ inquiry, he explained these were compliance check violations. Mr. Sandrock said the violations were for serving minors. Mr. Sandrock said the bartenders in all cases have been fired. Mr. Sandrock explained they now have certified training done for their employees. He further explained he would like the restaurant to open mid to late February once the health licenses have been secured.
In response to a question, Mr. Sandrock stated the restaurant will be a family friendly restaurant and will serve gourmet burgers such as bison, turkey and Angus.
Moved by Member Scoggins, seconded by Member Ohs, to approve the issuance of on sale wine and beer license to Sandrock Systems, Inc. dba American Burger Emporium at their location at 7455 Currell Blvd., Suite 104, Woodbury, Minnesota.
Voting in Favor: Ohs, Rebholz, Scoggins, Stephens, Hargis
Voting Against: None
DISCUSSION ITEMS
There were not items to discuss.
ADMINISTRATOR’S REPORT
Mr. Gridley said there will be a public information meeting regarding the former Woodbury Disposal site which resulted in a remedial investigation feasibility study which will be hosted by 3M. That meeting will take place on January 10th at Middleton Elementary School. The meeting will begin at 6 p.m. with a poster session, followed by a general presentation and an opportunity to ask questions at 7 p.m. The purpose of the meeting is to share the recent environmental research data collected at the former Woodbury disposal site near CSAH 19 and Dale Road. The meeting will also present the technical options under consideration to address the levels of perfluorochemicals that are present at the site. The meeting is to inform residents of Woodbury of the data and solicit input on the technical options.
He further explained that the Minnesota Department of Health (MDH) has stated it will be sometime in February 2008 before it will be in a position to publish Health Based Values for (PFCs), including PFBA, in drinking water. The additional two months is needed to further evaluate the results of the toxicology tests which have been completed. Consequently, it will probably be March before a community meeting can be held. Mr. Gridley said he talked with the Department of Health on this issue and they have recommitted to the March round of public meetings.
Mr. Gridley said there is some other work going on with respect to water. There is an MDH study ready to commence concerning biomonitoring and will be occurring in Lake Elmo, Oakdale and Cottage Grove. There will be public meetings to discuss this project. The MDH will be looking for 100 people to participate in the monitoring. Those results will be compared to national average. There is also a water filtration study going on regarding treatment devices. The results will be presented on Monday, January 14th, at Woodbury Lake Junior High School. The City hopes to be able to use this information to help residents learn what devices are most effective to filter and treat water.
Mr. Gridley talked about flood control and said the Federal Emergency Management Agency has delivered the new flood maps for the county including Woodbury. Associated with that, they are having a flood risk information open house on January 23rd, starting at 5:00 pm at the Washington County Government Center, South Wing. County residents will have an opportunity to review recently completed flood insurance rate maps which will delineate areas subject to significant flood hazards within the county including Woodbury. The City has also received copies of these maps and Staff is in the process of reviewing them.
Neighborhood Meetings
1. The Classics at the Preserve, January 10, 6:30 pm, Ash Room.
Preliminary Items Scheduled for the Council Workshop Meeting of January 16, 2008:
1. Joint meeting with School District 833 School Board
2. Legislative Update/Program
3. FEMA Flood Maps
Public Hearings Scheduled for January 23, 2008:
No Items Scheduled
Other Meetings
1. Comprehensive Plan Task Force, January 10, 7 a.m., Ash and Birch Meeting Rooms
2. Council/Advisory Commission Orientation, January 17, 7 p.m., Council Chambers
3. Economic Development Commission, January 18, 7:30 a.m., Elm Conference Room
Mayor Hargis suggested that the City make the information regarding the flood maps available at the City Hall on a more user friendly timeframe. Mr. Gridley said they will request that of FEMA.
Mayor Hargis adjourned the Council meeting at 8:00 p.m.
Respectfully submitted,
_________________________________________
Clinton P. Gridley, City Administrator