Pursuant to due call and notice thereof, a regular meeting was duly held at the Woodbury City Hall, 8301 Valley Creek Road, on the 14th day of May, 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: Mary Stephens, Paul Rebholz, Amy Scoggins, and Julie Ohs. Others Present: Clinton Gridley, City Administrator, Kimberlee K. Blaeser, City Clerk, Mark Vierling, City Attorney; Dwight Picha, Community Development Director, Engineer and Public Works Deputy Director / City Engineer Klayton Eckles, David Jessup, Public Works Director, and Steve Kernick, Environmental Planner.
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
Mayor Hargis said Congress and the President have designated May 15 as Peace Officers Memorial Day and the week in which it falls as National Police Week. Mayor Hargis said there is a proposed proclamation which will designate May 15, 2008 as Peace Officers Memorial Day and May 11 through May 17, 2008 as Police Week in Woodbury. Mayor Hargis said the city’s police officers and peace officers are a very important part of the city and the flags will be at half-staff on May 15th in honor of peace officers who have lost their lives or become disabled in the performance of their duties.
Moved by Mayor Hargis, seconded by Member Scoggins, to proclaim May 15, 2008 as Peace Officers Memorial Day and May 11 through May 17, 2008 as Police Week in the City of Woodbury.
Voting in Favor: Stephens, Rebholz, Ohs, Scoggins, Hargis
Voting Against: None
Absent: None
Mayor Hargis said the week of May 18th is proposed to be Public Works Week and is intended to be a celebration of the men and women in the city who provide and maintain the infrastructure and services collectively known as Public Works. The City of Woodbury has 69 full time employees in Public Works / Engineering / Parks.
Moved by Mayor Hargis, seconded by Member Ohs, to approve a proclamation designating May 18 through May 24, 2008 as Public Works Week in the City of Woodbury.
Voting in Favor: Stephens, Rebholz, Ohs, Scoggins, Hargis
Voting Against: None
Absent: None
Mr. Lubers thanked the Council for the opportunity to present his annual update. Mr. Lubers stated he is the supervisor of the Woodbury Public Library. Mr. Lubers reviewed the summer statistics from the Woodbury Library from 2007 and 2006, in which most categories increased significantly. The two principal measures of usage the public library use around the country is the “gate count” which is the number of people that come of the libraries and “circulation” which is the number of materials that are checked out. The State’s Department of Education has not released the statistics for all the other libraries in the State of Minnesota for 2007 yet and it is not known where Woodbury falls in as far as the grand scheme of things.
Mr. Lubers said Woodbury ranked No. 11 in 2006 for circulation, having more items checked out compared to the downtown St. Paul library and the downtown Minneapolis library. The gate count put Woodbury at #7 last year. Mr. Luber said children programs have been decreased; however, the actual attendance has increased. Meeting room reservations increased the usage hours, no statistics are available at this time as there are problems with the tracking software. 2006 showed 19,000 hours of computer time was used.
Mr. Lubers said there has been a big increase in volunteerism hours, increasing in 2007 to 2,876 hours. There is a non profit organization called “The Independent Sectors” that places a dollar value on every hour of volunteerism that is logged across the U.S. Last year, that dollar value was $19.51 for every volunteer hour, which means the Woodbury Library last year received the equivalent of about $56,000 of volunteerism. Mr. Lubers said there is a lot of work and services that were provided in 2007 that would not have been done had there be no volunteers.
Mr. Luber reviewed the market value of library services that are provided, and said the average used retail value of materials in the library’s collection is about $10.00. Mr. Luber said the market value of library services when up in 2007 from $8.6 million to $8.7 million which is about a 1% increase. The predicted overall usage statistics for 2008 is 3 percent to 5 percent. Mr. Luber said the summer months will bring in more traffic with the children being out of school.
Mr. Luber said most libraries operate as an educational support center of lifelong learning in the communities that they serve. Most communities also function as a community resource, being a space for people to visit and partner/collaborate/assemble/meet with other people in the community. Three surveys were sent out last year to find out what the residents want from their library.
The number one on the list is always programs for kids and educational support for children. Mr. Luber talked about other services that are available for teens and adults. Local authors are invited to come and talk to residents, as well as the borrowing services. Mr. Luber said the second component of the library is educational programs, and the library collaborates with businesses to offer training. Library staff also visits schools to talk about new books, and the importance of literacy. Lifelong learning and continuing education, as well as using the library as a general source of resource are rules that are in place.
Mr. Luber said the library is often used as a port of entry, a place for newcomers to the city come to and find neighborhood information. People come to the library to get away from home and office, taking a break for lunch. The library offered wireless internet in the park outside the library as well as computer services inside.
Mr. Luber said strong libraries are active participants in the communities they serve and want to form partnership with area businesses and non-profit organization. Mr. Luber talked about the huge popularity of the knitting programs that are held. The library recently installed gallery space for artists in the community to hang their work free of charge. This is attracting a different clientele than there has been before. District 833’s ESL (English as Second Language) classes are being offered at the library every Friday evening as the immigrant population is growing. Exam Proctoring is offered for students. Woodbury Lions Club recently made a contribution to the audio library for handicapped people.
OPEN FORUM
None at this time.
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.
Regarding Item I, Member Rebholz informed the City Council that he has had past business dealings with the applicant on that particular item, and as he is not directly connected with this item, he does not believe this in conflict.
Moved by Mayor Hargis, seconded by Member Stephens, to approve the Consent Agenda, Items 6A through 6Q.
Item A Approval of Council Minutes –March 31, 2008.
Item B Staff recommends that the City Council authorize the Mayor and City Administrator to execute the agreement for Ridgestone, Case No. 05-79.
Item C Staff recommends that the City Council approval of the CVS Pharmacy, Final Site and Building Plan, Case No. 08-17, subject to the following conditions:
Planning Division Conditions:
1. All conditions of the original PUD 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% of the estimated cost of landscaping including sod.
3. All signage shall be approved by the Building Inspections Division and shall be compliant with the Sign Ordinance.
4. All areas of the site shall have established ground cover.
5. No exterior storage shall be permitted.
6. Prior to the issuance of a building permit, the City’s storm water consultant shall review and approve the storm water calculations to ensure all requirements are met.
7. Any future trash enclosures shall utilize wooden gates and shall be constructed on three sides using the same materials and patterns used on the building. The location shall be approved by the Planning Division.
8. All freestanding light fixtures shall not exceed twenty-five (25) feet in height measured from grade to the top of the fixture. 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.
9. All rooftop or ground mounted mechanical equipment shall be hidden from view with the same materials used on the building in accordance with City Code requirements.
10. Prior to the application of building materials, the applicant shall construct sample material mock-ups on site for the building.
11. Prior to the issuance of a building permit, the applicant shall submit a revised landscaping plan showing additional trees along Tamarack Road and Radio Drive.
12. Prior to the issuance of a building permit, the applicant shall submit a maintenance plan showing full maintenance, including mowing, of all areas up to the road surface of Tamarack Road and Radio Drive.
13. Prior to the issuance of a building permit, the applicant shall receive written approval that all requirements for storm water quality and quantity are met.
Engineering Division Conditions:
1. The City’s engineering consultant, Bonestroo, shall review the design of the proposed storm water system on the site plan dated April 2, 2008 in order to determine if the design meets the City’s storm water ponding standards. Any needed changes shall be implemented on a revised site plan.
2. The Developer of the building expansion will need to 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” will need to be submitted for review and approval, prior to the City issuing a Land Disturbance permit for the site. The Developer will also 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.
3. The Developer shall be responsible for protecting the proposed on-site storm sewer infiltration basins and components, 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 D Staff recommends approval of the Lang Addition, Final Plat, Case No. 08-25 subject to the following conditions:
Planning Conditions:
1. All conditions of the original PUD and Preliminary Plat for Ashwood shall remain in full force and effect.
2. The Final Plat shall be released for recording prior to the issuance of a building permit for the pool.
3. The applicant shall vacate the existing side yard easements between Lots 15 and 16.
Item E Staff recommends approval of Tamarack Hills 3rd and 4th Addition, Final Plats, Case Nos. 08-14 and 08-19 subject to the following conditions:
1. All conditions of the original PUD and Preliminary Plat for Tamarack Hills II shall remain in full force and effect.
2. Prior to the release of the plat for recording, all applicable park dedication fees for the Tamarack Hills II development shall be paid in full.
Item F Staff recommends adoption of a motion accepting the project and authorizing final payment in the amount of $6,938.97 for the 2005A Lake Wilmes and Hillside Heights Final Street Improvements.
Item G To adopt the following resolution: RESOL. NO. 08-85
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, APPROVING CHANGE ORDER NO. 1 AMENDING THE ORIGINAL CONTRACT FOR THE BIELENBERG DRIVE / TAMARACK ROAD TRUNK SANITARY SEWER REPAIR FOR $8,550 TO VEIT & COMPANY, INC.
Item H To adopt the following resolution: RESOL. NO. 08-86
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, APPROVING THE PLANS AND SPECIFICATIONS FOR THE CENTURY AVENUE RECONSTRUCTION (WOODBINE AVENUE TO LAKE ROAD, INCLUDING VALLEY CREEK ROAD FROM CENTURY AVENUE TO WEIR DRIVE) PROJECT; AND
RESOL. NO. 08-87
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, APPROVING THE CLOSURE OF WILLOW LANE ACCESS TO CENTURY AVENUE FOR THE CENTURY AVENUE RECONSTRUCTION (WOODBINE AVENUE TO LAKE ROAD, INCLUDING VALLEY CREEK ROAD FROM CENTURY AVENUE TO WEIR DRIVE) PROJECT.
Item I To adopt the following resolution: RESOL. NO. 08-88
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, AUTHORIZING THE PREPARATION OF A PRELIMINARY REPORT UPDATE FOR THE HERITAGE PARK 7TH ADDITION UTILITY AND STREET IMPROVEMENTS.
Item J To adopt the following resolution: RESOL. NO. 08-89
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, SELECTING WSB & ASSOCIATES, INC. AS THE CONSULTANT AND AUTHORIZING THE PREPARATION OF THE PRELIMINARY REPORT FOR THE LAKE ROAD UTILITY AND STREET IMPROVEMENTS (WOODLAND DRIVE TO 3,000 FEET EAST).
Item K To adopt the following resolution: RESOL. NO. 08-90
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, APPROVING THE PURCHASE OF ONE FORD F550 CAB CHASSIS FROM ELK RIVER FORD COMPANY FOR AN AMOUNT NOT TO EXCEED $32,132 THROUGH THE STATE OF MINNESOTA COOPERATIVE PURCHASING VENTURE; AND
RESOL. NO. 08-91
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, APPROVING THE PURCHASE AND INSTALLATION OF ONE CUSTOM ALUMINUM FABRICATED TRUCK BODY FROM TRUCK UTILITIES, INC. FOR AN AMOUNT NOT TO EXCEED $103,341 THROUGH THTE STATE OF MINNESOTA COOPERATIVE PURCHASING VENTURE.
Item L To adopt the following resolution: RESOL. NO. 08-92
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, APROVING THE ASSESSMENT OF MAJOR ROADWAY CHARGES FOR RIDGESTONE AND RIDGESTONE 2ND ADDITIONS.
Item M Staff recommends approval to authorize staff to enter into an agreement with Integrated Loss Control to provide safety-consulting services to the City of the Woodbury in the amount of $595 per month, ($7,140 per year), effective May 1, 2008 through April 30, 2009.
Item N Staff recommends Council approve Amendment No. 1 to the City of Woodbury Flexible Benefit Plan
Item O To adopt the following resolution: RESOL. NO. 08-93
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, SPLITTING PRECINCT 12 AND CREATING TWO NEW PRECINCTS TO BE KNOWN AS PRECINCTS 14 AND 15 AND ESTABLISHING POLLING PLACES FOR THE NEW LOCATIONS.
Item P To appoint Dan Card to the Sustainability Committee effective immediately.
Item Q To approve the Abstract of Bills for April 25, 2008 in the amount of $1,108,201.65, the Abstract of Bills for May 2, 2008 in the amount of $410,343.72 the Abstract of Bills for May 9, 2008 in the amount of $423,178.48. 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
A. 676 Hotel, LLC, dba Sheraton St. Paul Woodbury Hotel, On Sale Intoxicating Liquor License Including Sunday Sales
Wendy Simone, Investigative Technician with the Pubic Safety Department, said 676 Hotel, LLC dba Sheraton St. Paul Woodbury Hotel, has applied for an on sale intoxicating liquor license for their restaurant and bar located at 676 Bielenberg Drive, Suite #106. Mr. Gerald Trooien controls 99.9 percent interest in the LLC. A background check as it pertains to the liquor license has been done on Mr. Trooien and his records were clear. All necessary fees for their license have been submitted and they operate no other liquor establishments. The application has been reviewed by the City Attorney and found to be in order. The projected opening is scheduled for July 2008 and a meeting will be scheduled with their general manager to discuss the Protect Your Business Manual which will cover the city ordinances and alcohol relation policy. Staff recommends approval of this on sale intoxicating liquor license which would include Sunday sales at 676 Hotel, LLC dba Sheraton St. Paul Woodbury Hotel,
Moved by Member Rebholz, seconded by Member Scoggins, to close the public hearing.
Voting in Favor: Stephens, Rebholz, Ohs, Scoggins, Hargis
Voting Against: None
Absent: None
Moved by Member Rebholz Hargis, seconded by Member Scoggins, to approve the on sale intoxicating liquor license, including Sunday sales at 676 Hotel, LLC dba Sheraton St. Paul Woodbury Hotel
Voting in Favor: Stephens, Rebholz, Ohs, Scoggins, Hargis
Voting Against: None
Absent: None
B. Items Associated with Lake Road Utility and Street Improvements from Cottage Grove Drive to One-Quarter Mile East
Public Works Deputy Director / City Engineer Klayton Eckles said this public hearing is being held for the Lake Road Utility and Street Improvements from Cottage Grove Drive to one-quarter mile east and also involves the potential closure of Cottage Grove Drive and some trailway and utility improvements.
Mr. Eckles reviewed the map showing the affected areas, and said the project primarily affects the Ridgestone 1st and 2nd Addition. This project involves about one-quarter mile of improvements which completes the connection of Lake Road from I-494 to Manning Avenue. Mr. Eckles reviewed the history of the project, and said with this project, the entire connection will be finished.
The improvements proposed for this project involve a 42-ft wide street and built as a three-lane roadway with dedicated turn lanes at major intersection. A unique component is a median at Cottage Grove Drive which will provide a refuge for pedestrian crossing. This project also involved some sewer and water utilities that will serve the Ridgestone community and complete some trunk connections.
Mr. Eckles said this project is recommended as it completes the major Lake Road connection and provides connection of these major trunk water mains. When Valley Creek Road is reconstructed near Settlers Ridge Parkway, Lake Road will provide an alternate route and eliminate a majority of the cut-through traffic that goes through those adjoining neighborhoods.
Mr. Eckles said the total project cost is about $1.3 million and there are a number of funding sources, the primary one being the Major Roadway Special Assessment Fund, which collects money from developments in the area. Assessments will be made for the Ridgestone 1st and 2nd Addition. There are a couple of additional assessments to Ridgestone 1st Addition for the utility laterals and also some of the pathway improvements. If the project goes forward, there will be a need for a future assessment hearing, or alternatively, the developer could provide a waiver to the hearing.
Mr. Eckles reviewed the project schedule, with a completion project slated for early October, 2008. The recommended action is to hold a public hearing, order the project, approve the plans and specifications which have been under development for the last two months, and establish a June 12th bid date. Mr. Eckles said in addition to that, it is recommended to prohibit parking on Lake Road in order to qualify for state funds.
Member Rebholz moved, seconded by Member Scoggins, to close the public hearing.
Voting in Favor: Stephens, Rebholz, Ohs, Scoggins, Hargis
Voting Against: None
Absent: None
Member Rebholz asked for clarification that the Council previously approved the closure on Cottage Grove Drive. Mr. Eckles said that was correct.
Member Rebholz introduced the following
Resolution and moved its adoption: RESOL. 08-94
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, ORDERING THE PROJECT, APPROVING THE PLANS AND SPECIFICATIONS, AND ESTABLISHING A JUNE 12, 2008 BID DATE FOR THE LAKE ROAD UTILITY AND STREET IMPROVEMENTS FROM COTTAGE GROVE DRIVE TO ONE-QUARTER MILE EAST.
The motion for the adoption of the foregoing resolution was duly seconded by Member Scoggins and upon roll call being taken thereon, the following voted via voice:
Julie Ohs - aye Mary Stephens - aye
Paul Rebholz - aye William Hargis - aye
Amy Scoggins - aye
Member Rebholz introduced the following
Resolution and moved its adoption: RESOL. 08-95
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, APPROVING A RESOLUTION THAT PARKING OF MOTOR VEHICLES IS HEREBY PROHIBITED AT ALL TIME ON LAKE ROAD FROM COTTAGE GROVE DRIVE TO ONE-QUARTER MILE EAST.
The motion for the adoption of the foregoing resolution was duly seconded by Member Stephens and upon roll call being taken thereon, the following voted via voice:
Julie Ohs - aye Mary Stephens - aye
Paul Rebholz - aye William Hargis - aye
Amy Scoggins - aye
C. MGM Wine and Spirits Store, Variance and Amended Final Site and Building Plan
Community Development Director Dwight Picha said this is F.T.L. Corporation, which runs the MGM Wine and Spirits store located at 1580 Woodland Drive. The property is zoned B-2 General Business and guided as “Places to Shop” on the land use plan.
The applicant is proposing a small addition on to the building, approximately 1,400 sq. ft. on the west side of the building and remodel of the exterior and interior of the building. This addition requires a variance to the city’s setback requirement of 50-ft. along Highway I-494. This proposal will bring the setback about 10-ft to the property line.
Mr. Picha said the purpose of setbacks along major roads is to make sure there is a proper distance between the traveling lanes and the right of way line. The recent Valley Creek interchange construction moved the ramp t where it is actually another 75-ft to the west. The edge of the property after the variance will be 130-ft from the edge of the road vs. 100-ft as it was in relation to the old ramp. The applicant is also proposing some exterior repair and remodeling to the building and proposing to update the parking lot and landscaping.
The Planning Commission reviewed this application at their May 5, 2008 meeting and Commissioner Jim Erkel presented the findings of the Planning Commission. Mr. Erkel said a number of questions were raised, one dealing with whether or not the building site would be maxed out and staff indicated that there will be room for this proposal. Another concern related to the variance and the question was whether this was an existing nonconforming use and it was explained by staff that this was grandfathered in. The Planning Commission recommended approval by a 5-0 vote.
Mr. Picha said there are two proposed actions: approve a resolution for the actual variance and the findings for the variance, and then approve the second motion to approve the site plan is required. Mr. Jack Landers, the owner of the property, and his architect, Mr. Dick Crum, are available to answer questions.
Moved by Member Ohs, seconded by Member Scoggins, to close the public hearing.
Voting in Favor: Stephens, Rebholz, Ohs, Scoggins, Hargis
Voting Against: None
Absent: None
Mayor Hargis said he appreciates the additional investment in the community.
Moved by Member Stephen, seconded by Member Rebholz, to approve Cases No. 08-15 and 08-16, an amended final site and building plan, for 1580 Woodland Drive subject to the following conditions:
Planning Division Conditions:
1. All freestanding light fixtures shall not exceed twenty-five (25) feet in height measured from grade to the top of the fixture. 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. House side shields shall be provided along the east property line. The applicant must submit a revised lighting plan that meets the maximum twenty-five (25) foot height requirement.
2. Any future trash enclosures shall utilize wooden gates and shall be constructed on three sides using the same materials and patterns used on the building. The location shall be approved by the Planning Division.
3. All rooftop or ground mounted mechanical equipment shall be hidden from view with the same materials used on the building in accordance with City Code requirements.
4. No exterior storage shall be permitted.
5. 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 an 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.
Voting via voice:
Julie Ohs – aye
Paul Rebholz – aye Mary Stephens - aye
Amy Scoggins – aye William Hargis - aye
Member Stephens introduced the following
Resolution and moved its adoption: RESOL. NO. 08-96
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, APPROVING CASE NO. 08-15, VARIANCE TO THE SETBACK TO A MAJOR ROADWAY FOR 1580 WOODLANE DRIVE
The motion for the adoption of the foregoing resolution was duly seconded by Member Rebholz and upon
roll call being taken thereon, the following voted via voice:
Julie Ohs - aye
Amy Scoggins - aye Paul Rebholz - aye
Mary Stephens - aye William Hargis - aye
D. MCD, Medical Campus District, Zoning Ordinance Amendment, Case No. 07-60
Mr. Picha said the proposal is to adopt a medical campus zoning district to reflect the recommendations of the Commercial Comprehensive Plan Task Force recommendation that was done about a year ago. The actual zoning of any properties to a medical district would be done after the ordinance is created and enacted.
Mr. Picha said the Council initiated a comprehensive plan amendment in the end of 2005 to review the city’s commercial land inventory and a task force was appointed in September of 2006. The Planning Commission heard the final land use recommendations of the task force and one of the areas of the study was I-494/Lake Road area including two large parcels adjacent to Woodwinds Hospital. At that time, the Commercial Task Force felt this area had a unique chance and opportunity for concentration of medical related uses and other professional jobs anchored by the hospital. The Council, at that time, accepted the study that was done by McCombs group and the major findings of that study were that Woodbury had less medical office space, fewer hospital beds and a lower physician market share than expected based on trade area. Future growth will be supported by population growth, hospital bed growth, medical growth as health care providers seek to capitalize on the Woodbury area, being an underserved area. It was also determined that the Woodwinds Health Campus admissions were increasing by about 10% per year and the hospital has expanded by 22% in the last two years. It was also determined that physician offices and employment has grown on an annual basis by 8%. Other medical campuses in other communities have been studied and found that lack of available land slows growth of medical office development and employment. Availability of nearby sites for medical offices will support additional hospital beds and services in this medical center area. Based on these findings, the Council asked staff to look at a potential medical campus district. The first one to be considered would be around the Woodwinds Hospital.
This new ordinance has been reviewed by the Planning Commission at their May 5, 2008 meeting, and prior to that, the Commission had looked at a first draft on September 17, 2007. The Economic Development Commission reviewed this on October 26, 2007 and April 24, 2008. Staff has held a property owner meeting with the area around the Woodwinds area on April 24, 2008 to give them notice of what future plans are.
Mr. Erkel said the Planning Commission had a few questions that dealt with some property owners of smaller lots in the area, and staff would be adding a particular statement to the district zoning that the existing lots of record would be considered conforming because of the setbacks in areas where the minimum lot requirement is 3 acres. Based on this information, there were no additional questions and the motion to recommend approval was voted 5-0.
Mr. Picha said a revised ordinance was passed out to reflect the additional change that Mr. Erkel referred to. Staff received word from Healthiest about their concern that ambulatory surgery and outpatient care is stated as a conditional use permit use, and they felt based on past practices, that this should be an allowable use. Staff concurs with that determination.
Member Ohs moved, seconded by Member Rebholz, to close the public hearing.
Voting in Favor: Stephens, Rebholz, Ohs, Scoggins, Hargis
Voting Against: None
Absent: None
Mayor Hargis said Council received a letter of objection for the small medical campus from the JTL Group.
Mayor Hargis asked about the existing office building in that area. Mr. Picha said this ordinance is not proposing to change the land use of this building. A professional office building is still a permitted use.
Mayor Hargis asked if any other issues or concerns came up with from the people in that office building. Mr. Picha said they were satisfied. There will be an additional meeting before staff actually does the rezoning of the property. This includes the Valley Creek Mall which is currently on the land use plan as “Places to Shop” and that is being proposed to change to “Places to Work”. This will not be done until the new comprehensive plan is adopted next year. The Council will have to decide if staff is to proceed with the rezoning incrementally or wait until that happens.
Member Ohs introduced the following
Ordinance and moved its adoption: ORD. NO. 1803
AN ORDINANCE OF THE CITY OF WOODBURY, WASHINGTON COUNTY,
MINNESOTA PROVIDING THAT THE CITY CODE BE AMENDED BY
CHAPTER 24, ZONING, ARTICLE III – ZONING DISTRICTS AND DISTRICT REGULATIONS
The motion for the adoption of the foregoing ordinance was duly seconded by Member Rebholz and upon roll call being taken thereon, the following voted via voice:
Julie Ohs - aye
Amy Scoggins - aye Paul Rebholz - aye
Mary Stephens - aye William Hargis - aye
E. Tamarack Hills II, Amended Planned Unit Development, Amended Conditional Use Permit, Amended Preliminary Plat and Final Site and Building Plan, Case Nos. 08-11, 08-12, and 08-13.
Mr. Picha said these are some minor amendments to the Tamarack Hills 2nd addition, and this requires an amendment to their Planned Unit Development, Conditional Use Permit, Preliminary Plat, and Final Site and Building Plans for two restaurants that they are proposing in that general area. The property is located on the northeast corner of I-494 and Tamarack Road. The first phase of the development is the hotel that is currently under construction and will be occupied some time in July. Last month, the Council approved two office buildings on the north part of the site, which construction anticipated to start in a month or two.
The applicant is requesting approval of an amendment to allow two freestanding restaurants: Ciao Bella and Grassfed Steakhouse. Mr. Picha reviewed the site plan. The total square footage of the restaurants will be 17,300 square feet, with about 430 seats between the two of them with 237 parking spaces.
The applicant has submitted building elevation drawings and the primarily materials will be stone and glass. The ordinance requires three primary materials, and staff has talked to the applicant about adding a brick material to be base of the building. Mr. Picha said there are no other impacts; the storm water will be managed the same way with some slight modifications to the parking lot. Staff believes the addition to these two high quality restaurants will be a nice addition to this part of the community and the development.
There has been a neighborhood meeting on April 7, 2008 and on May 5th, the Planning Commission reviewed this application and recommended approval of the project by a 5-0 vote.
Mr. Erkel said there were some questions raised about parking. Under parking standards, two restaurants would require 245 stalls and the plan showed 237 and there was a concern that the parking would be problematic and was told that Ciao Bella would mostly be open for lunch, and the steakhouse would be mostly open for dinner. Based on that discussion, a motion was made and seconded to recommend approval.
Member Rebholz moved, seconded by Member Ohs, to close the public hearing.
Voting in Favor: Stephens, Rebholz, Ohs, Scoggins, Hargis
Voting Against: None
Absent: None
Member Scoggins asked a question regarding Item 16 of the Council letter which talks about the parking lot changes and it appears there is a problem with the turn lanes and asked for clarification. Mr. Picha said there is currently a project going on where there are signals being installed at that intersection. Mr. Picha said it is his understanding that the applicant will be resubmitting a plan consistent with this project, which has resolved this issue.
Member Rebholz asked for comment on the “Gateway District”. Mr. Picha said this is the second project done in this area and it has met all the requirements of the development going forward as far as how much retail and how much office is allowed in a PUD. It seems that there will be more office uses within the retail and is more than meeting the requirements of the city.
Moved by Member Rebholz, seconded by Member Stephens, to approve approval of the Tamarack Hills II, Amended PUD, Amended CUP, Amended Preliminary Plat, and Final Site and Building Plan, Case Nos. 08-11, 08-12 and 08-13 subject to the following conditions:
Planning Conditions:
1. All conditions of the original PUD and Preliminary Plat for Tamarack Hills II 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% of the estimated cost of landscaping including sod.
3. Any future trash enclosures shall utilize wooden gates and shall 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. Signage shall not be permitted on building canopies.
5. All freestanding light fixtures shall not exceed twenty-five (25) feet in height measured from grade to the top of the fixture. 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. House side shields shall be provided along the east property line.
6. Prior to the issuance of a building permit all applicable park dedication fees for the Tamarack Hills II development shall be paid in full.
7. All rooftop or ground mounted mechanical equipment shall be hidden from view with the same materials used on the building in accordance with City Code requirements.
8. No exterior storage shall be permitted.
9. All materials and architectural elements used throughout the PUD shall be of consistent color and style.
10. All buildings shall meet or exceed the Architectural Ordinance.
11. Prior to the issuance of a building permit, staff shall review and approve all building elevations and materials.
12. All buildings shall use a minimum of three Class I materials.
13. The applicant shall submit a materials board for final review and approval prior to the issuance of a building permit.
14. Prior to the application of building materials, the applicant shall construct sample material mock-ups on site for all of the buildings.
15. All Engineering Division comments and conditions associated with the original Tamarack Hills Addition II included in previous City approvals for said project shall remain in full force and effect.
16. The revised site plan for the Tamarack Hills Addition II includes several drive aisle and parking lot changes. These changes appear acceptable, with the exception of the main entrance off of Bielenberg Drive. The current configuration and previously approved intersection included three eastbound exits from the development onto Bielenberg Drive - a left turn lane, a through lane, and a right turn lane. The current proposal eliminates the eastbound left turn lane and combines it with the eastbound through lane. This is not acceptable. The plan must be resubmitted to provide for three lanes as shown on the previously approved Tamarack Hills Addition II.
Voting in Favor: Stephens, Rebholz, Ohs, Scoggins, Hargis
Voting Against: None
Absent: None
Member Rebholz asked when the restaurants will be open. Mayor Hargis said they will be open by December 2008.
DISCUSSION
A. Commerce Hill Project – Negative Declaration of Need for an Environmental Impact Statement
Mayor Hargis said this discussion item will be handled similar to a public hearing.
Steve Kernick, Environmental Planner, said the Environmental Assessment Worksheet (EAW) process is a state mandated process that applies to projects of larger size. This process has to be done before any further final approvals can be given to a project. This process is also to be used in the decision making for any approvals and is strictly focused on the environmental impacts of the project. Mr. Kernick said just because the EAW is approved does not mean the project will be approved.
Mr. Kernick shared an aerial view of the project, a 37-acre site located between Tamarack Road on the south, and Commerce Drive on the north, approximately 500 feet east of Woodbury Drive.
Mr. Kernick said there have been some changes in the process, and new site plans have been submitted. The EAW is a general overlook of the environmental impacts and is required for commercial facilities in excess of 300,000 sq. ft. This proposed project is now 296,000 sq. ft., one of the earlier renditions was 327,000. Staff felt this was close enough to do the EAW. The city has the ability to do a discretionary EAW.
The notice of the EAW was available and published in the EQV Monitor on March 10th. A neighborhood meeting was held on May 2nd. There was a thirty day comment period that ended April 9th, and the city received 13 comment letters from state agencies, local agencies, and businesses. Staff has prepared written responses to all comments received.
The City Council has to determine if this project has the potential for significant environmental effects. If it is determined that it does, the next step is to order an environmental impact statement, which is a detailed environmental study. If it is determined that there is no potential for significant environmental effects , the city needs to issue a “Negative Declaration” and any decision will be published in the EQV Monitor on June 2nd. After that, there is a thirty day appeal process for anyone who would disagree with the decision where they could take issue to Washington County District Court to file an appeal. Until an appeal is filed, the city can proceed with the project.
Mr. Kernick reviewed some comments that were received.
1. Surface Water Management – post development runoff rate can’t exceed pre-development rates. If over 60% of total phosphorus, one inch runoff must be infiltrated and the site meet South Washington Watershed District’s 96-hour delay requirement. Comments received from Mr. Dan Belka and the South Washington Watershed District pointed out that, technically according to the rule, the City is supposed to analyze the effect the water bodies and parts off stream. Staff did some additional work doing two analysis with the City’s consultant, Bonestroo who did an analysis of the surface water on the site assuming the site met all the criteria, and that analysis determined that the discharge rate would be less after the development than it is now. Phosphorus would be less, as well as total suspended solids. Runoff quality would be the same. There is currently no ponding on this site and runoff drains to a catch basin. A pond will be installed to provide treatment. Bonestroo also examined the effect on the hundred year high water level on Marksgraf Lake and determined there was no effect if all requirements were met.
The South Washington Water District did an analysis of this site and based on the state of the plan at the time, they determined the current site plan did not contain the hundred year run off storm completely, and did not totally meet the 96-hour delay, Markgraf Lake’s hundred year level would increase by one-tenth of a foot. Because Markgraf’s drain needs to work through a very small pipe, there was no surface water elevation impact on Wilmes Lake.
2. A number of comments were received from residents questioning why there is a need for more retail. The Comprehensive Task Force in 2005 studied this area and came to a recommendation that there is 70% “Places to Shop”, 30% “Places to Work” and Council approved this comprehensive plan amendment in November, 2006 and was approved by Met Council in March, 2007. The plan as proposed is generally compatible with the comprehensive plan amendment.
3. Traffic was the next major issue and was brought up both by residents and by the project proposer that the traffic mitigation proposed was excessive. An extensive traffic study was done by WSB and their conclusion was that traffic would definitely increase, doubling on Tamarack Road and nearly triple of Commerce Drive. Traffic on Woodbury Drive would increase however it is not to the percent increases that are on the smaller roads. Mr. Kernick reviewed a site map and indicated where some street and interchange improvements would be needed. The EAW did examine traffic mitigation measures that would be required out to 2030 but these mitigation measures require the developer up to the 2010 level with short term issues directly related to the site. The city is trying to maintain acceptable levels of service on the adjacent roadways, mainline roads, and intersections trying to prevent backups. The study did assume that traffic signals would be optimized before any construction is done, but that law is not enough to handle the issues.
4. Noise concerns prompted the need for a noise analysis. Even if nothing is done, there would be an increase of 1.2 decibels in the peak hour of traffic due to growth. Traffic related to this project would increase to 1.5 decibels. It has been determined that this project should not increase in noise.
Mr. Kernick said there are four criteria in making the decision for an EAW.
1. Type, extent, and reversibility of the effect - EAW did not uncover any unusual environmental effects related to this.
2. Key potential effects as related to anticipated future projects – storm and water systems are already in place. There are argumentative traffic impacts but will be mitigated by the traffic measures as described.
3. The effects to the extent the environmental effects are subject to mitigation by ongoing public and regulatory authorities, such as the South Washington Watershed District.
4. The extent to which environmental effects can be anticipated and controlled as a result of other studies.
Staff conclusion and recommendation is that based on the original EAW, comments received, responses to comments, and the examination of the 4 criteria, it has been determined that the Commerce Hill project does not have a potential for significant environmental effects provided that the public roadway improvements identified in the EAW are implemented and that the City and Watershed District regulations are followed.
Staff recommends that Council certify the EAW and accept the response to comments, findings of fact, and records of decision, and adopt the attached resolution declaring a negative declaration for need of the environmental impact statement.
Member Scoggins said there is already a lot of traffic on Woodbury Road and Hudson Blvd, and she believes this is one of the busiest intersections in the city. As the traffic study shows traffic would double on Tamarack and triple on Commerce, Member Scoggins asked if anyone would think how this would project would affect that particular intersection. Mr. Kernick said the traffic study looked at intersections all along Woodbury Drive and there are mitigation measures in place, and indicates this as the worst intersection. Improvements will not be needed in the short term and staff is not requesting the developer to put those improvements in place at this time.
Member Stephens said if this development moves forward, how it would impact this intersection. Engineering and Public Works Director David Jessup said the traffic will be increased through that intersection but analysis shows it will not increase to the extent that it needs improvements made to it short term. Mr. Jessup added that at this time, there are no funding programs developed for the 2020 improvements. Mayor Hargis asked if the developer is going to fund any money toward this. Mr. Jessup said they are not.
Member Rebholz asked for clarification that the proposed development does not meet the 96-hour requirement. Mr. Kernick said the assessment shows that this was correct, and the pond has to be made bigger or deeper to accommodate more storage. Mr. Kernick said it is physically possible to make the pond bigger.
Mayor Hargis asked what percentage of development in the community has been office and retail over the last ten years. Mr. Picha said 43% retail and (1.8 million sq. ft.) and office / industrial 57% (2.3 million sq.ft.) Mayor Hargis said he can then appreciate where some residents feel the perception is there is too much retail, but in fact the numbers show the opposite.
Mayor Hargis asked what percent of the community has open space and parks. Mr. Picha said a major park plan has been in the works as part of the comprehensive plan and currently the city has about 3,000 acres of parks and open space comprised of 48 developed parks and 5 major open space areas. This is about 13% of the community. This will continue to increase as the community will develop and require additional park dedication. The city has also passed a major open space referendum a few years ago where the city is purchasing additional lands.
Mayor Hargis asked if this particular site has ever been planned for open space /parkland. Mr. Picha said it has not.
Mayor Hargis said that Mr. Kernick talked about having no impact on the lakes, and asked how many engineering firms have look at that. Mr. Kernick said Bonostroo examined the effect on Markgraf and HDR examined the effect on Wilmes; two separate analysis and both came to the same conclusion about Wilmes.
Mayor Hargis asked Mr. Kernick to again cover the 96-hour requirements. Mr. Kernick said South Washington Watershed District has a watershed management plan and the city is required to comply with the rules in that plan. The watershed does not issue permits, but the city adopts their requirements as part of the city’s permit process. The city needs to be convinced before issuing the permits. Mayor Hargis asked City Attorney Mark Vierling if this is enforceable. Mr. Vierling said that will be a permitting issue for the city and will also be incorporated into the city’s development contract. From a permitting regulatory standpoint as well as a contractual standpoint, those issues will be incorporated, covered and enforceable.
Mayor Hargis asked Mr. Kernick what would happen if the engineers are not correct, and there is a negative impact. Mr. Kernick said it is almost impossible for this to happen as Markgrafs Lake will now overflow through the wetland complex adjacent to St. John’s Drive and go to Powers Lake. The only way the water could get from Powers Lake to Wilmes Lake would be through the five CFS pump stations, and could be shut off if needed. Mr. Vierling said the storm water regulatory policies are incorporated in the ordinances and those provisions are brought into the development contract. Should those regulations be broken by the developer, they would be enforced under the ordinance structure.
Mayor Hargis said HDR made four recommendations which seemed reasonable and should those not be incorporated into the action as this is the basis of finding no negative impacts. Mr. Vierling said the resolution that is in front of the Council at this time requires both compliance with the city’s storm water regulations policies and that of the Watershed District which is inclusive of those bullet points. These items are on-site improvements as opposed to the traffic with is off site improvements, and staff’s recommendation is that this be handled as part of the site approval but could be added to the resolution is so desired. Mr. Kernick said these four points are more to getting down to the site plan level which is more detailed than the EAW. Mr. Kernick suggested that if the Council wants to put something additional Attachment A, use the city requirements that are listed in Mr. Kernick’s presentation, and specifically mention the Watershed District’s 96-hour rule.
Member Scoggins asked for a summary of what will happen to Markgraf Lake. Mr. Kernick reviewed some of the history on that lake and how the water flows. Eastview Road was reconstructed last summer and was raised to deter water from going that way, and has redirected the water overflow.
Mayor Hargis said he will have additional questions when this proposal comes back relating to what sustainability features will be incorporated into this project and what Target’s plans for Woodbury Village will be.
Member Rebholz said if the Council agrees that there is no impact, and the Watershed District’s 96-hour rule is not satisfied, would it be best to deny this application. Mr. Kernick said this does not give the project approval or disapproval, but it is a step that needs to be taken to be used in making decisions. Member Rebholz said it sounds like the site plan works with this.
Member Rebholz said he has been involved in the Comprehensive Plan Task Force for commercial, and the decision was made that that would all get incorporated when the full comprehensive plan gets submitted. Member Rebholz said at the time, there was discussion regarding the environmental and traffic impacts.
Member Rebholz said he supports this and the Comprehensive Plan Task Force for commercial has changed to allow this development on this site in part because the city is 60-40 split, and there are some physical limitations because of some lakes and an old farm house. Member Rebholz said the Council does what it can relative to what the longer term traffic will be and what the effects of that are. This needs to still be worked out and there are clear processes on how it’s been handled and paid for in the past.
Mayor Hargis said he would like to add Mr. Kernick’s suggestions regarding the storm water to the Attachment A.
Member Rebholz introduced the following Resolution and moved to add to Attachment A, of the Resolution,
City of Woodbury and South Washington Watershed District Environment Standard storm water standards:
1. Post-development runoff rate must not exceed pre-development rate
2. 60 percent total phosphorus removal must be attained
3. The first ½ inch of runoff must be infiltrated
4. The South Washington Watershed District 96-hour delay requirement must be met
RESOL. NO. 08-97
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, A RESOLUTION FOR NEGATIVE DECLARATION OF NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT FOR THE COMMERCE HILL DEVELOPMENT WITH THE INFORMATION
The motion for the adoption of the foregoing resolution, with amendment to Attachment A, was
duly seconded by Member Stephens upon roll call being taken thereon, the following voted via
voice:
Julie Ohs – aye Mary Stephens – aye
Paul Rebholz – aye William Hargis - aye
Amy Scoggins – aye
Mayor Hargis said at the recommendation from the City Attorney, pursuant to the provisions of Minnesota Statute Section 13d, and based upon the advice of the City Attorney, he recommends that the City Council recess to a closed meeting to review matters of litigation commenced by the City of Woodbury vs. Kathleen Johnson et. al Case No. C604-006488 and the City of Woodbury vs. North Tamarack Associates Court File No. CX005092. and at the next regular City Council meeting, for the benefit of the public, the City Council will summarize the discussion or action that took place at the closed sessions.
Member Ohs moved, seconded by Member Rebholz, to recess to a closed meeting for the purposes of reviewing matters of litigation as presented.
Mayor Hargis said these are condemnation cases and staff wants direction from the Council.
Voting in Favor: Stephens, Rebholz, Ohs, Scoggins, Hargis
Voting Against: None
Absent: None
Mayor Hargis explained that end of this meeting, the City Council will recess to the closed session.
ADMINISTRATOR’S REPORT
City Administrator Clint Gridley reviewed some of the upcoming meetings.
Neighborhood/Public Meetings:
Planning Commission Meeting for May 19, 2008:
3. Commerce Hill (Super Target), Rezoning, Planned Unit Development, Conditional Use Permit, Site Plan, Case Nos. 07-36, 07-37, 07-38, 07-39
Public Hearings Scheduled for May 28, 2008 City Council Meeting:
1. 2008 Roadway Rehabilitation Project Assessments
2. Bertrand Addition, Preliminary Plat and Final Plat
3. Meyers, Preliminary Plat and Final Plat
4. Commerce Hill (Super Target), Rezoning, Planned Unit Development, Conditional Use Permit, Site Plan, Case Nos. 07-36, 07-37 07-38, 07-39
Other Meetings:
1. Comprehensive Plan Task Force, May 15, 7:00 a.m., Ash and Birch Conference Rooms
2. Environmental Advisory Commission, May 19, 6:30 p.m., Poplar Conference Room
Mr. Jessup reminded the residents and businesses that the city, as part of its water conservation program, does have restrictions imposed upon the usage of water for lawn sprinkling. Mr. Jessup reviewed the city’s policies that allow for lawn sprinkling on odd / even days, and to not allow any lawn sprinkling daily between 12:00 noon to 5:00 pm. This policy is in effect year round. Residents can contact the Engineering Department (651-714-3593) or Public Works (651-714-3720).
Mr. Jessup said a resident or business can receive special permits free of charge which allows watering every day during a 14-day period.
Mayor Hargis said the city offers informational workshops on lawn sprinkling, as well as rain sensors.
Member Rebholz said residents can have water audits done if they have unusually high water bills free of charge. Mr. Jessup said he is not aware of anyone asking for water audits, but there have been over 100 requests for the rain sensors. The distribution of these rain sensors will begin early June.
Member Rebholz said the Public Works personnel have been doing some audits.
Mayor Hargis asked for a status report of the major road projects at the future meetings.
Member Rebholz said he received a message from the DNR through E-Touch that they are allowing burning permits, and asked about the ordinance that the city has requires. Mayor Hargis asked to have some updates at the next meeting. Member Rebholz suggested sending the city’s information to residents through the E-Touch system.
The City Council recessed to the closed session at 9:37 p.m.
Respectfully submitted,
Clinton P. Gridley, City Administrator