Pursuant to due call and notice thereof, a regular meeting was duly held at the Woodbury City Hall, 8301 Valley Creek Road, on the 25TH day of April, 2007.
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.
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, Jody Eilertson, Director of Administration and Human Resources, Dave Schneider, 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
No Items Scheduled.
There were no speakers.
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 Rebholz, to approve the Consent Agenda, Items 6A through 6M, with the exception of Item 6B, which was pulled and added to the Discussion agenda.
Item A To approve the minutes of the April 11, 2007 City Council meeting.
Item B The Pepsi Bottling Group Partnership Proposal – Per Member Ohs request, this item was pulled and added to the Discussion agenda.
Item C To adopt the following resolution: RESOL. NO. 07-80
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, APPROVING 2007 BUDGET ADJUSTMENTS
Item D To approve the Dascom systems expansion, Amended Final Site and Building Plan, Case No. 07-16, subject to following conditions:
Planning Division Conditions:
1. All conditions of the original approval shall remain in full force and effect.
2. Prior to the issuance of a building permit, a landscape letter of credit shall be submitted for at least 150 percent of the estimated cost of landscaping including sod.
3. The trash enclosure shall utilize wooden gates and be constructed on three sides using the same materials and patterns used on the building. The location shall be approved by the Planning Division.
4. All signage shall be approved by the Building Inspections Department and shall be compliant with the Sign Ordinance.
5. All areas of the site where practical, shall be sodded and maintained.
6. All freestanding light fixtures shall not exceed 20 feet in height with colors that match the balance of the center. The fixtures shall be shoebox style, sodium vapor, downward directed with flush lenses. Other than wash and decorative entry lighting, attached lighting shall be shoebox style, sodium vapor downward directed with a flush lens.
7. All rooftop or ground mounted mechanical equipment shall be hidden from view with the same materials used on the building.
8. No exterior storage shall be permitted.
9. All trees along the east property line shall be preserved to the extent possible.
10. The applicant shall work with staff to look at the possibility of providing proof of parking prior to issuance of a building permit.
Engineering Division Conditions:
1. The Developer of the building expansion shall obtain a land disturbance permit from the City’s Engineering Division prior to commencing any grading, land disturbing or utility activities. Grading, drainage and erosion control “Phasing Plan” shall be submitted for review and approval, prior to the City issuing a Land Disturbance permit for the site. The Developer shall be responsible for obtaining any permits necessary from other agencies. All site activities shall adhere to the City’s “Land Disturbance Ordinance”, MPCA and local watershed district requirements.
2. The Developer shall be responsible for protecting the proposed on-site storm sewer infiltration basins and components, adjacent wetland and any existing storm sewer from exposure to any and all storm water runoff, sediments and debris during all construction activities. Temporary storm water facilities shall be installed to protect the quality aspect of the proposed and existing storm water facilities prior to and during all construction activities. Maintenance of all on-site temporary and permanent storm water facilities shall be the responsibility of the Developer.
Item E To approve the Wal-Mart Amended Final Site and Building Plan, Case No. 07-04, subject to the following conditions:
1. All conditions of the previously approved PUDs shall remain in full force and effect.
2. Irrespective of the signs shown on various exhibits, signage for the project shall be in conformance with the negotiated Uniform Sign Design or in conformance with the City Sign Ordinance.
3. No temporary garden sales area shall be allowed in the parking lot.
4. Approval for the Phase 2 expansion area for Wal-Mart shall expire in 12 months from the date of City Council approval unless a building permit has been obtained and a good faith effort has been made to commence construction. A time extension may be granted by the City Council prior to the expiration of this permit.
5. The Wal-Mart development shall match the Robert Muir Company designs for exterior parking lot lighting, curb design and landscaping.
6. Prior to the issuance of a building permit, the applicant shall move the first access point off of Hudson Road north.
7. All storage of materials and waste shall be internal to the building and shall be properly hidden from view.
8. Building materials shall be made to closely match the existing structure.
9. Prior to material application, the applicant shall construct an onsite materials board for approval by the Community Development Department.
10. Prior to the issuance of a building permit, the applicant shall submit a revised landscaping plan.
Engineering Division Recommended Conditions:
1. The City has worked with Robert Muir Companies, Inc. on the redevelopment of the Wal-Mart site. A development agreement has been negotiated with Robert Muir Companies, Inc. which outlines the ownership and maintenance responsibilities of future improvements on the site, such as Wal-Mart. It is Wal-Mart’s responsibility to abide by all pertinent responsibilities as outlined by the Robert Muir Companies, Inc. development agreement.
2. All utility easements dedicated on the final plat prepared by Robert Muir Companies, Inc. shall remain in full force and effect for the Wal-Mart development.
3. All sanitary sewer, storm sewer, watermains, parking lots, retaining walls or other appurtenances installed to accommodate the proposed Wal-Mart store will be privately owned, installed, maintained, operated, repaired or restored by the Developer or owner of the Wal-Mart store.
4. The Developer of the Wal-Mart store will be responsible for obtaining any necessary permits from MnDOT, MnDNR, local watershed district, etc. prior to commencing of any site activities.
5. The Developer of the Wal-Mart store will need to contact the City’s Building Inspection Department to obtain all necessary permits prior to commencing any site activities.
6. The developer of the Wal-Mart store will be responsible for obtaining a grading permit from the City’s Engineering Division prior to commencing any site activities.
7. All pedestrian curb ramps will need to be designed and constructed to meet ADA pedestrian curb ramp standards.
8. The City anticipates that adjacent property to the east will be developed into commercial business in the future. Access to the site may utilize the street improvements at the easterly new intersection of the Wal-Mart site. Wal-Mart may need to provide temporary construction easements at this intersection in the future. Wal-Mart or the Developer must provide temporary or permanent construction easements for roadway, utility or drainage purposes, at no cost to the City, in the future.
9. The following items will need to be addressed when developing a landscaping plan for the Wal-Mart store:
· The Developer of the Wal-Mart store shall have full maintenance responsibilities for all monument signage, landscaping features, irrigation systems, etc. that are located within the center island median, outlots, private drives, etc.
· All right-of-way, infrastructures, pond accesses and maintenance benches, outlots, drainage and utility easements, pathways and sidewalk locations shall be kept free of landscaping features, plantings, retaining walls, signage, etc.
· All intersections shall meet sight distance regulation and ordinance
· Retaining walls 48 inches in height or greater shall be certified by a professional engineer.
· Retaining walls 48 inches in height or greater shall have safety fence installed along the top edge.
Item F To approve the Ridgestone 2nd Addition Final Plate and Developer’s Agreement, Case No. 07-14, subject to the following conditions:
1. All conditions of the original Planned Unit Development (PUD) and Preliminary Plats shall remain in full force and effect. The Final Plat shall include all necessary easements to match the utility plans being prepared by the City’s consultant engineer.
2. The Final Plat shall be recorded prior to issuance of a building permit.
3. The final street names shall be reviewed and approved by the Chief Building Official.
4. The Developer’s Agreement shall be fully executed and the required financial guarantees shall be provided prior to issuance of a building permit.
5. Grading shall not commence prior to the execution of an easement agreement regarding the construction of the required stormwater pond.
6. The Developer shall provide the City with a title opinion, title insurance binder, or other professional certification on the status of title before the Final Plat will be released.
7. The Developer of the Ridgestone 2nd Addition will be 100 percent financially responsible for all sanitary sewer, storm sewer and water main area charges applicable to the site. Area charges will be memorialized in the Developer’s Agreement and connection charges will be identified with the building permit process.
8. As part of the development of the proposed Ridgestone 2nd Addition, the Developer will be required to pay major roadway and traffic signal special assessments. These assessments will help fund major roadway and traffic signal construction in the Phase 1 MUSA expansion area, including Lake Road adjacent to this development. These assessments shall be further defined as part of the preliminary report and developer agreement process.
9. If it is necessary to extend sanitary sewer along Cottage Grove Drive as this development will also be responsible for one-half the cost of said extension. This cost will be determined as part of the preliminary report.
10. All intersections of interior streets with collector/arterial roadways shall be identified as necessary stop sign locations specifically with the intersection with Lake Road.
11. All standard front, rear and side yard lot easements need to be shown. Standard front and rear yard easements are 10 feet and side yard easements are five feet. Where public utilities are adjacent to side or rear lot lines, easements need to be a minimum of 10 feet wide on each side of the lot line. If the utilities are deeper than 10 feet, the easement width for each lot is calculated at a 1:1 depth to width ratio from the centerline of the utility. The easement width must then be adjusted to the nearest five-foot increment. It does appear that additional easements are needed over several drainage swales.
12. The location of landscaping irrigation lines will need to be shown on the utility plan for irrigation of medians or at locations where irrigation lines cross public streets. This information is necessary for D.I.P. conduits can be installed at the correct locations, as per City requirements.
13. All home lowest openings need to be a minimum of three feet above any adjacent water body’s 100 year High Water Level (HWL) and all emergency overflow elevations for street and rear yard catch basins, ponds, lakes, wetlands, swales, etc. need to be a minimum of 1.5 feet lower than the adjacent lowest openings and have a five-foot flat bottom.
14. All R-O-W needs to be kept free of plantings, retaining walls, signage, etc.
15. All pond accesses and maintenance benches need to be kept free of plantings, retaining walls, etc.
16. Plantings in outlots cannot affect pathways, pond accesses, etc.
17. All intersections need to meet sight distance regulations and ordinances.
18. All future R-O-W and utility improvement areas should be kept free of landscaping.
19. Easements that contain public structures and utilities should be kept free of landscaping.
20. Retaining walls greater than four feet in height must be engineered and detailed calculations should be submitted to the City.
21. Landscaping in medians must meet the City’s minimum design standards.
Item G To adopt the following resolution: RESOL. NO. 07-81
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, DECLARING MONTANARI HOMES, INC. IN DEFAULT OF THE DEVELOPER’S AGREEMENT FOR THE ASHWOOD ADDITION
Item H To adopt the following resolution: RESOL. NO. 07-82
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, WAIVING THE PUBLIC IMPROVEMENT HEARING, ORDERING THE PROJECT, APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING PRIVATE CONSTRUCTION FOR THE BAILEY’S ARBOR 2007 FINAL STREET IMPROVEMENTS
Item I To adopt the following resolution: RESOL. NO. 07-83
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, APPOINTMENT OF DAVID BRENNAN AS SERGEANT EFFECTIVE APRIL 26, 2007
Item J To adopt the following resolution: RESOL. NO. 07-84
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, APPOINTMENT OF NEIL BAUER AS SERGEANT EFFECTIVE APRIL 27, 2007
Item K To adopt the following resolution: RESOL. NO. 07-85
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, APPOINTMENT OF ERIC DEBAKER AS FULL-TIME FIREFIGHTER/EMT EFFECTIVE MAY 2, 2007
Item L The City Council accepts Rebecca Klett’s resignation from the Planning Commission and appoints Kim Snyder to the Planning Commission. Ms. Snyder’s term will expire on December 31, 2007.
Item M To approve the Abstract of Bills for April 13, 2007 in the amount of $385,820.34 and the Abstract of Bills for April 20, 2007 in the amount of $2,249,165.97. Any purchase contracts requiring the signature of the Mayor and City Administrator are hereby approved.
Voting via voice:
Mary Stephens - aye
Paul Rebholz - aye Julie Ohs - aye
Amy Scoggins - aye William Hargis - aye
A. Haze Gardens of Woodbury II, Comprehensive Plan Amendment/Variance/Conditional Use Permit/Preliminary Plat/Final Site and Building Plan, Case Nos. 07-17/07-18/07-19/07-20/07-21
Dwight Picha, Community Development Director, outlined Council Letter No. 07-145. The land use for the parcel is currently urban mixed use residential, which is 3.5 units per acre. They are requesting that it be changed to medium density, which would be consistent with the remainder of the northwest quadrant of Courtly Road and Woodlane Drive. Access is from Woodlane Drive, and there would be one driveway for the four units. The variance is for a side yard setback to Woodlane Drive to 18 feet. Staff believes this setback fits fit in the area if it ever expands. It is unsure if Woodlane Drive will be expanded in the future, but the right-of-way will have been dedicated.
Jerry Anderson of the Planning Commission stated that the Commission found no reason not to approve this application. They voted 6-0 to approve this project.
Mr. Picha noted there is an existing house on the property which will be moved off of this site.
Christina Sandvy, 2400 Lamplight Drive, stated that the size of the first addition was shocking to the neighborhood. She is concerned that the new additions will be too tall for the area.
Moved by Member Rebholz, seconded by Member Ohs, to close the public hearing.
Voting in favor: Ohs, Rebholz, Scoggins, Stephens, Hargis
Voting against: None
Absent: None
Mr. Picha stated there are two story townhomes next to this project, even though this project will be larger than those townhomes. Staff believes the proposal is a positive for the neighborhood compared to what was on the site previously. The new construction units will be the same height as the three homes already built. The home that will be removed is the last single family home on the north side of Courtly Road.
Member Scoggins commented that there are other neighborhoods that are dealing with new construction coming into old neighborhoods and complaining about the height of the new construction. Mr. Picha stated that there isn’t too much of this in Woodbury yet, but eventually that will probably happen. He said the current height limit is 35 feet. The current project will be about 28 feet.
Mayor Hargis stated that the adjacent housing is medium density, which is allowed in this area. He indicated single family development is located east of Woodlane Drive which is a collector street.
Moved by Member Scoggins, seconded by Member Ohs, to approve the Comprehensive Plan Amendment (RESOLUTION NO. 07-86), Variance (RESOLUTION NO. 07-87), Conditional Use Permit, Preliminary Plat, Final Site and Building Plan, Case Nos. 07-17/07-18/07-19/07-20/07-21, subject to the following conditions:
Planning Division Conditions:
1. Park dedication shall be satisfied in cash and paid at the time of Final Plat based on the rates in effect at that time.
2. These approvals shall expire six months from the date of City Council approval unless a Final Plat has been recorded or a time extension has been granted.
3. All existing trees shall be preserved to the extent possible.
4. The Final Plat shall be recorded prior to the issuance of a building permit.
5. Prior to the issuance of a building permit, the applicant shall submit a revised landscaping plan that meets the tree replacement requirements.
Engineering Division Conditions:
1. Road right-of-way shall be dedicated to the City, at no cost and without restrictions, along Woodlane Drive and Courtly Road as identified on the proposed plat. Rights-of-way requirements are 50 feet from centerline on Woodlane Drive and 40 feet from centerline on Courtly Road.
2. When Woodlane Drive is improved, the Developer, property owner(s) or homeowners association shall grant temporary easements for construction to the City at no cost. Additionally, should future roadway design necessitate installation of medians within Woodland Drive, the access to Haze Gardens Phase II shall be converted to a right-in right-out access. Any necessary rights-of-way and cost to convert the access shall be the responsibility of the Developer, property owner(s) or the homeowners association.
3. The City’s Finance Department’s review indicates that area charges have not been paid for this property. Therefore, water, sanitary sewer and storm sewer area charges shall be collected as part of the proposed development. The Developer will be 100% financially responsible for all area and connection charges applicable to the site. Water and sanitary sewer connection charges shall be collected with issuance of building permit(s). Area and connection charge rates will be those in effect at the time of final plat approval. The current estimates for area charges are as follows: Sanitary Sewer - $941.82, Watermain - $1,181.70, and Stormwater - $5,282.44. The current estimates for connection charges are as follows: Sanitary Sewer - $1,200.00 and Water - $2,360 plus the cost of water meters.
4. The Developer will be responsible for a major roadway and traffic signal special assessment applicable to the property. Major roadway and traffic signal special assessments will be memorialized in the Developer’s Agreement. Major roadway special assessments are estimated to be $9,769.00 and traffic signal special assessments are estimated to be $1,210.00.
5. Current plans propose water and sanitary sewer services being provided to the site by utilities on adjacent properties. Further documentation identify the necessary drainage and utility easements to install the utilities shall be provided prior to any site plan approvals or the release of any City permits for construction activities.
6. All proposed storm sewer, sanitary sewer, watermain and street access, including infiltration basins, pipes, valves, outlet structures, manholes structures, clean-outs, catch basins and other related facilities within Haze Gardens Phase II, shall be privately installed, owned, operated, maintained, repaired, replaced by the Developer or homeowners association within Haze Gardens Phase II.
7. The Developer of Haze Gardens Phase II will be responsible for all costs associated with the installation, construction or capping of all proposed or existing utilities necessary to develop the property.
8. The Developer will be responsible for obtaining a Land Disturbance Permit and right-of-way permit from the City’s Engineering Division. Both permits must be issued prior to commencing of any site grading activities. The Developer will also be responsible for acquiring any and all other permits necessary from the watershed district, MPCA, etc.
9. The Developer or business owners shall be responsible for all maintenance, repair, replacement, removal or restoration of all retaining walls and landscaping that is placed within public rights-of-way, outlots, drainage and utility easements or maintenance access areas.
10. The proposed site plan for the Haze Gardens Phase II shows stormwater runoff from the drive lane discharging over riprap into the adjacent open creek. To provide treatment of storm water runoff, a catch basin with a 4-foot sump will need to be installed along the west side of the drive lane, as identified on the plan set. The catch basin will then have a discharge pipe directed into the adjacent open creek. The catch basin sump will need to be monitored and cleaned annually, by the property owners or homeowners association.
11. It will be the Developers, property owners or association’s responsibility to submit an operation and maintenance plan for the long-term care of all on-site storm sewer, sanitary sewer, watermain and roadway systems and components to the City for review and approval. The Developers, property owners or the association will be responsible to carry out these operation and maintenance activities and to submit the appropriate documentation to the City as specified.
12. The operations and maintenance plan for the on-site storm sewer system and components shall follow the National Pollutant Discharge Elimination System (NPDES) and the City’s Land Disturbance Ordinance requirements.
Voting in favor: Ohs, Rebholz, Scoggins, Stephens, Hargis
Voting against: None
Absent: None
DISCUSSION
1. Consent Agenda Item 6B – The Pepsi Bottling Group Partnership Proposal
Clinton Gridley, City Administrator, outlined Council Letter No. 07-134. This item is for a contract for beverages to various City facilities, including Central Park, Bielenberg Sports Center, Eagle Valley Golf Course, City Hall, Public Safety building, and Public Works building. The contract is recommended to be awarded to Pepsi. They have been the City’s providers since 1998.
Member Ohs asked that this item be pulled because her husband is employed by Pepsi Bottling, and indicated she would abstain on voting on this matter.
Moved by Member Stephens, seconded by Member Rebholz, to authorize the Mayor and City Administrator to execute a three-year contract with the Pepsi Bottling Group for beverage services for the City of Woodbury. The contract would begin January 1, 2007 and continue until December 31, 2009.
Voting in Favor: Rebholz, Scoggins, Stephens, Hargis
Voting Against: None
Absent: None
Abstained: Ohs
Mr. Gridley noted that the annual Earth Day Event is Saturday, May 5 at Ojibway Park. There will be a new service this year, which is paper shredding. Royal Oaks Elementary parents will be collecting ink jet and laser cartridges for recycling. The event is 9:00 to 2:00.
Mr. Gridley stated that there is an irrigation rain system rain sensor program. Applications have been received from potential participants. There are 80 available, with 40 applications in at this time.
Mr. Gridley referred to the Open Space Referendum and said the City closed on two properties, located on Cottage Grove Drive and Lake Road.
Mr. Gridley stated that the J B Guiton, EMS coordinator, was honored by the Minnesota Ambulance Association with a Star of Life for his leadership and impact on EMS in Minnesota.
Mr. Gridley stated that police officers Fran Schmitz and Scott Melander were recognized by the Mothers Against Drunk Driving for their efforts on DWI enforcement education awareness.
Neighborhood Meetings
1. Bailey’s Arbor Additions 2007 Final Street Improvements, May 1, 6:30 p.m., Eagle Valley Golf Course Conference Room
Public Hearings Scheduled for May 9, 2007 Council Meeting
1. Eastview/Cottage Grove Drive Residential Rezoning
2. Hudson Road MSAS Improvements (Landau Drive to 3000’ East) Assessment Hearing
3. Courtly Road and Ventura Drive 2007 Street Improvements, Assessment Hearing
Other Meetings
1. Local Board of Appeals and Equalization, April 26, 7:00 p.m., Council Chambers
2. Parks and Recreation Commission, May 1, 7:30 p.m., Council Chambers
3. Sustainability Committee Meeting, May 2, 6:30 p.m., Council Chambers
4. Business Town Meeting, May 3, 7:30 a.m., Central Park
5. Economic Development Commission, May 4, 7:30 a.m., Council Conference Room - Cancelled
6. Comprehensive Plan Community Workshops, May 8, 7:00 p.m. (Valley Crossing School); May 15, 7:00 p.m. ( Crosswinds Arts & Science Academy); and May 22, 7:00 p.m., (Five Oaks Community Church)
Member Rebholz asked if there is any information from the Public Safety Department regarding issues at the Haze Gardens project regarding vandalism and vacant property problems. Mr. Gridley replied that he did not have any specific information regarding this incident and will ask Public Safety about it.
Mayor Hargis adjourned the Council meeting at 8:02 p.m.
_________________________________________
Clinton P. Gridley, City Administrator
Approved by City Council on May 9, 2007