Pursuant to due call and notice thereof, a regular meeting was duly held at the Woodbury City Hall, 8301 Valley Creek Road, on the 12th day of September, 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: Mary Stephens, Paul Rebholz, Amy Scoggins, Mary Stephens, and Julie Ohs. Others Present: Clinton Gridley, City Administrator, Jody Eilertson, Director of Administration and Human Resources, 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
Mayor Hargis introduced City Attorney Mark Vierling to present the findings of the August 22, 2007, Executive Session regarding labor negotiation issues. Mr. Vierling said the City Council, acting on a request advised the City Attorney to conduct a closed session meeting for discussion on Minnesota Statute 13.d.3. after the August 22, 2007 City Council meeting. The purpose of the meeting was to discuss matters involving labor negotiations affecting the city’s contract with the union representing the city’s police officers. The closed meeting was attended by all City Council members, except Councilperson Paul Rebholz, who was absent. Additionally, City Staff members present consisted of Clinton Gridley, City Administrator; Jody Eilertson, Director of Administration and Human Resources, Mark Vierling, City Attorney. The closed session was tape recorded as is required by statute. The City Council at that time, received updated information on the union negotiations and advice from Staff, and discussed the issues and gave direction to Legal Counsel and City Staff on strategic matters. No other specific action was taken.
Cynthia Viata, from Smoke Free Washington County, a project of Ramsey Medical Society, funded through Blue Cross/Blue Shield spoke about working locally on the Freedom to Breath Act, and handed out packets to the City Council to make them aware of the resources available.
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 Stephens, to approve the Consent Agenda, Items 6A through 6O.
Item A There are no City Council minutes to approve.
Item B To award a contract for the construction of Kargel Park activity building to various contractors that submitted a low quote for a total construction cost of $210,380.01.
Item C To adopt the following resolution: RESOL. NO. 07-184
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, ENDORSING THE FINDINGS OF THE McCOMB GROUP MEDICAL MARKET STUDY AND DIRECTING STAFF TO DEVELOP A MEDICAL CAMPUS ZONING DISTRICT.
Item D To adopt the following resolution: RESOL. NO. 07-185
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, APPROVING THE LIVABLE COMMUNITIES ACT GRANT AGREEMENT BETWEEN THE COMMUNITY HOUSING COALITION AND THE CITY OF WOODBURY, SUBJECT TO REVIEW AND MODIFICATION BY THE CITY ATTORNEY.
Item E To adopt the following resolution: RESOL. NO. 07-186
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, AWARDING THE CONTRACT TO VEIT & COMPANY, INC. FOR THE BIELENBERG DRIVE / TAMARACK ROAD TRUNK SANITARY SEWER REPAIR PROJECT IN THE AMOUNT OF $198,913.
Item F To adopt the following resolution: RESOL. NO. 07-187
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING PRIVATE CONSTRUCTION FOR THE FAIRWAY HILLS ADDITION UTILITY AND STREET IMPROVEMENT PROJECT.
Item G To adopt the following resolution: RESOL. NO. 07-188
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, APPROVING THE PRELIMINARY REPORT FOR THE GARDEN GATE TOWNHOMES UTILITY AND STREET IMPROVEMENTS.
Item H To adopt the following resolution: RESOL. NO. 07-189
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, EXTENDING SPECIAL USE PERMIT 80-19 UNTIL DECEMBER 1, 2008 AND APPROVING AMENDED SETTLEMENT AGREEMENT FOR THE PURCHASE OF OPERATING RIGHTS WITH M. DANNER, INC. FOR THE RESTORATION OF THE M. DANNER GRAVEL PIT AND AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR SIGN SAID AGREEMENT.
Item I To adopt the following resolution: RESOL. NO. 07-190
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, AUTHORIZING THE PREPARATION OF THE PRELIMINARY REPORT FOR THE RIDGESTONE ADDITION UTILITY AND STREET IMPROVEMENTS.
Item J To adopt the following resolution: RESOL. NO. 07-191
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, AUTHORIZING CONSULTANT SELECTION AND AUTHORIZING THE PREPARATION OF THE PRELIMINARY REPORT FOR THE RIDGESTONE 2ND ADDITION UTILITY AND STREET IMPROVEMENTS.
Item K To adopt the following resolution: RESOL. NO. 07-192
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, AWARDING THE CONSTRUCTION CONTRACT TO RYAN CONTRACTING COMPANY FOR THE WATERS EDGE TOWNHOMES UTILITY AND INTERIM STREET IMPROVEMENTS IN THE AMOUNT OF $268,494.20.
Item L To adopt the following resolution: RESOL. NO. 07-193
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, FOR THE SPECIAL ASSESSMENTS TO BE LEVIED AGAINST HERITAGE PARK 4TH ADDITION.
Item M To adopt the following resolution: RESOL. NO. 07-194
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, ESTABLISHING PARAMEDIC PAY FOR FIREFIGHTERS, SUBJECT TO CONDITIONS.
Item N To adopt a motion:
1. Rescheduling the November 28, 2007 regular Council meeting to November 29, 2007. The meeting will begin at 7:30 p.m.
2. Scheduling the December 1, 2007 Advisory Commission Interviews. The interviews will begin at 8:00 a.m.
3. Scheduling, if necessary, an alternative Advisory Commission interview session for Thursday, November 29, 2007. The interviews will begin at 5:45 p.m.
4. Canceling the December 19, 2007 Council Workshop and December 26, 2007 regular Council meeting.
Item O To approve the Abstract of Bills for August 31, 2007 in the amount of $1,091,148.65 and the Abstract of Bills for September 7, 2007 in the amount of $1,700,896. 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. Crossroads Church, Conditional Use Permit, Preliminary Plat, Final Site and Building Plan, Case Nos. 07-24, 07-25, 07-26
Dwight Picha, Community Development Director, outlined Council Letter No. 323, said this is a public hearing for an application being made for a conditional use permit, preliminary plat, and final site and building plans. The property that Crossroads Church has purchased is located on the west side of Woodbury Drive, County Road 19, and immediately abuts to the south to the City of Cottage Grove.
Other properties in the area include two single family homes located on five acre parcels and undeveloped property to the north, which is identified as the Phase II property to be developed starting in 2009. To the west are larger, open space areas that are owned either by the City of Woodbury or South Washington County Watershed District as part of the Bailey Lake overflow and some ponding areas. 3M owns a lot of property in this area as well, which encompasses most of Section 35 directly to the east.
The proposal has been discussed in a previous workshop meeting. The Church originally asked that they be considered for a comprehensive plan amendment to allow them to be within the urban service area. Since the Met Council has a sanitary sewer line to the west of Woodbury Drive, after considerable discussion, the Council asked the applicant to go back to the original landowner (3M) to see if they would be allowed to build a church in the R-1 Rural Area with their own water and septic system until the city could provide those services consistent with the comprehensive plan.
The applicant has done that, and reached an agreement with 3M which indicates that they can build on this site with a private sanitary sewer system and also a potable water system which will require trucking of water to the site for their drinking water. For fire suppression, there will be a tank and fire pump that will meet all the fire and building code requirements for a building of this size.
Mr. Picha reviewed a site plan and said the building is approximately 48,000 sq. ft. The Sanctuary would seat 860 people, and there are parking lots surrounding the building that will accommodate about 450 cars. A traffic study has been done to determine what improvements would be needed to Woodbury Drive, and also to determine future traffic needs into 2020. The conclusion of that study was that the access point to the site would be directly on the south border of Cottage Grove. This has been reviewed and approved by the Washington County Highway Department. There will be a requirement that there be a left turn lane for north-board traffic installed, and also a right turn land for south-bound traffic.
In the long term, Woodbury Drive will become a four-land minor arterial road, similar to what Woodbury Drive is north of Valley Creek Road. As part of this application, the city is requiring that the applicant dedicate the necessary right of way along Woodbury Drive so those improvements can be made in the future. It is likely in the future that a traffic signal will be necessary at the main entrance to the church. There may need to be a second access point at the north property line that also could become a public street if necessary to service the parcel to the north.
The Planning Commission has reviewed this application and worked with the applicant on some of the concerns on the building elevations, materials and types. The city does not have ordinances now requiring certain materials required for churches, and this is something the city may wish to consider changing in the near future. Mr. Picha reviewed the material that will be used, and Staff believes the materials shown by the church will meet the future requirements. Mr. Picha said this is the first phase of the development, and some of the materials being used on the west side of the building will only be there for a few years as they expand the building. Brick and other similar materials will be used on the Woodbury Drive side, and should be a very nice looking building.
Mr. Picha said there was a neighborhood meeting held regarding this project and no residents were in attendance.
Planning Commissioner Kim Schneider said the Planning Commission met on December 5, 2007 regarding Case Nos. 07-24. 07-25, and 07-26. There were two representatives present on behalf of the Church to speak and answer questions. One member of the Church requested more specific dates for the conditions. For questions regarding landscaping as well as the septic system and potable water system were asked by the Planning Commissioners and answered by City Staff and the developer. The Commission voted 7-0 to approve City Staff’s recommendation.
Warren Langstraat, 3409 River Road, Afton, Minnesota, is the Administrative Pastor of the Church and the leader of the building team as well. Mr. Langstraat thanked the Mayor and the City Council for the hearing and to Staff for their assistance.
Mr. Langstraat said a very long term plan has been presented, and the conditions are very futuristic, and will continue to work with Staff on these.
Mayor Hargis said there are no green sheets on this item and entertained a motion to close the public hearing, and said he was not received any written objections from anybody that is proposed to be assessed.
Moved by Mayor Hargis, seconded by Member Rebholz, to close the public hearing.
Voting in favor: Stephens, Rebholz, Ohs, Scoggins, Hargis
Voting against: None
Mayor Hargis asked about the condition with regards to the hooking up to the sewer. Mr. Langstraat said that was not an issue and will hook up to the city as soon as possible. There is another condition that states hookup must be done within 12 months of when available, and expects to be done depending on existing weather conditions.
Mayor Hargis asked if the applicant will know how much this will cost. Mr. Picha said this is part of the developer’s agreement discussions and Staff has presented them with preliminary numbers. The intent of these conditions is that they will pay those charges for Phase I now, which is about 13.5 acres. This is consistent with what has been done with St. Ambrose and other churches where the City will charge them for part of the site that was developed and then in the future, as they develop additional, they will pay the rates that are in effect at the time. Mr. Picha said it was his understanding that they are putting in the piping out to Woodbury Drive now so there will not have to be anything on the site dug up again and should be a fairly simple process.
Member Rebholz asked if the City was collection money for these improvements. Mr. Picha said money is being collected for the area charges and the connection charges now for Phase I. Member Rebholz asked if there were any reasons why the City would not agree to charge Phase I and wait to collect that proceed or escrow them. Mr. Picha said it has been the experience that it is a lot easier to collect now rather than down the road and the Finance Dept. sets up funds so this money is allocated and put in the proper places to be spent in the future for these types of improvements.
Member Scoggins asked about conditions #13 and 35, as #13 does not give any specific timeline and #35 says connection shall be made within one year from the availability of city water. Member Scoggins suggested there be something more specific on #13, and to relate to the sewer connection also. Mr. Langstaat said it is the Church’s desire to be connected as quickly as possible, and the Church would not want to procrastinate on this. Mr. Gridley said this may be a comprehensive update issue that they cannot speak to yet, so putting a date on this may have to change as the Phasing may change. Mr. Picha said Staff can make the necessary change to #13.
Member Scoggins asked what the distance is between the entrance of the church to the intersection of Woodbury Drive and the road at the southern edge of the property. Mr. Picha explained how this area is laid out and the distances between certain points.
Public Works Director David Jessup said a traffic signal is not anticipated for that new east/west roadway at their driveway entrance. Member Scoggins asked if this access will be a right in / right out access. Mr. Jessup said that was correct.
Member Rebholz asked if the right hand turn land for traffic from Woodbury Drive is long enough to accommodate the people coming into church and traffic does not back up. Mr. Jessup said they will be working with Washington County on the design.
Member Stephens asked about the distance between Woodbury Drive and the church. Mr. Picha said it would be about 400 ft.
Mayor Hargis asked what the capacity for the total site would be. Mr. Langstaat the plan that was presented was actually a comprehensive three-phase plan projecting out to 2020 and it has been projected that there be 860-ft sanctuary that will be multi-use and an additional sanctuary will be built in Phase II that will hold about 1,200 to 1,300 seats. If required, this will be expandable up to 2,200 or 2,300. Appropriate parking spaces have been allocated for this if necessary.
Mayor Hargis asked what sustainability practices have been incorporated in to the design. Mr. Langstaat introduced Greg Anderson, Anderson Builders, and Roy Fenton, BWBR Architects. Mr. Fenton said the sustainability is very important to the site design, and they are working with Washington County Watershed District. The energy code has been entered into the analysis of the building and exceeds the state code by approximately 30% in terms of insulation and materials to be used.
Member Rebholz asked what kind of enforceability risk does the City have with this agreement. Mr. Vierling said the City has the opportunity in the event of any default to make the future phases and expansions be pulled, and security in place would be subject to forfeiture.
Mayor Hargis said this in only Phase I, and additional phases will require the applicant to come back before the city with site plans and building permits.
Moved by Member Scoggins, seconded by Member Ohs, moved to approve the Conditional Use Permit, Preliminary Plat, and Final Site and Building Plans for Crossroads Church, Cases No. 07-24, 07-25, and -7-26, subject to conditions.
Voting in favor: Stephens, Ohs, Rebholz, Scoggins, Hargis
Voting against: None
DISCUSSION
A. East Ridge High School Final Site and Building Plan, Case No. 07-54
Mr. Picha outlined Council Letter No. 324, and said the city is actively working with South Washington County School District 833 on the development on East Ridge High School site and the expansion of the Bielenberg Sports Center. Mr. Picha said the City Council first considered this site and reviewed it at a workshop in November, 2006 and then in February, 2007 the City Council considered and adopted a comprehensive plan amendment which allowed for the construction of a public type facility such as a school and an expansion of the sports center. Afterwards, a very extensive environmental review of this site was conducted, and the City Council adopted the resolution on the EAW in June, 2007. The City Council then considered a re-zoning conditional use permit and preliminary plat to allow for the construction of the school in July.
Mr. Picha presented the final site and building plans for the specific building and parking lot areas and it is anticipated that there will be one or two additional approvals needed in January, 2008 as the school district will be coming back with the final site plan for their entire 70 acre site. They will also be coming back with a final plat which will transfer certain parcels consistent with the previous approval granted by the City Council.
Mr. Picha reviewed the location and site plans for this application. Mr. Picha said the latest schedules show that the parkway from Radio Drive to Pioneer is a 2008 project, and the final connection to Bailey will be completed in the Summery, 2009, prior to the opening of the high school. The site plan shows one access to the school will be off Pioneer Drive and three off of the parkway. There will be three parking lots that will be adjacent to the entrances.
There will be significant storm water ponding to meet all the city’s current water quality and quantity criteria and for infiltrating the first half inch of storm water from the site. This ponding will be done in several areas around the building.
The School District will be coming before the City Council in January with plans for the stadium.
Building elevations have been reviewed and it is anticipated that the building will be 350,000 sq. ft. of space, and about 835 parking spaces. Mr. Picha reviewed the elevation plans. The building application meets and exceeds the city ordinances for building materials.
This application was reviewed by the Planning Commission and they have recommended approval with a 7-0 vote.
Member Scoggins asked how the parking is calculated. Mr. Picha explained how the school district is reconfiguring the schools, which affect how the parking needs are calculated. Mr. Picha said parking will be not allowed on city streets, and all cars will be required to be parked in the parking lots.
By request of City Administrator Gridley, Mr. Picha talked about the philosophy of the parkway road and the future development to the south of this site.
Moved by Member Rebholz, seconded by Member Scoggins, moved to approve the East Ridge High School Final Site and Building Plan, Case No. 07-54.
Voting in favor: Stephens, Ohs, Rebholz, Scoggins, Hargis
Voting against: None
B. Setting Proposed 2008 Levy and Public Hearing on Proposed Budget/Levy
Mayor Hargis said the City Council recently held an extensive workshop on August 29, 2007 to discuss this project.
Mr. Gridley said state statute requires that before September 15th, the preliminary levy must be established, and sent to the County, who establishes the Truth in Taxation notice. The Truth in Taxation notice is then sent to homeowners during the middle part of November, and the City holds the public hearing in November.
Mr. Gridley said the budget process begins in February, while working with the Capital Improvement Plan. Capital needs are then determined. In April, the City begins the process of working through the budget for the 2008 fiscal year. A budget workshop is held in August to review the proposed levy. The preliminary levy can be lowered but never raised. Residents will see their property valuation in March and receive their Truth in Taxation notice in November, and receive their property tax statement the following March.
Mr. Gridley said there is concern about whether properties are valued appropriately (in terms of sales, limited market value impacts), and those issues are to be dealt with at the property valuation time period in March. In terms of the property value breakdown, the City of Woodbury is approximately one-quarter of the total tax bill, the largest being the school district at almost 50%, Washington County at one-quarter, and the balance is the other taxing districts.
The City of Woodbury is in the lower half of the comparables in terms of tax rate in comparing with other cities.
The city is projecting a 6.1% tax levy increase, not counting the HRA levy. The city has made a number of cuts to fit Council parameters. Total budget is proposed to be reduced by 14% compared to last year. Total levy including HRA is 8.1% which is significantly lower than last year’s total increase of 10.7%.
The total levy is made up of a number of portions, the largest being the General Fund, which is going up 6.2%. The year to year impact is actually 5.5%, but there was some portion of the Capital Improvement Tax Levy that has been moved to the General Fund Levy. The city tries to keep the impact at the rate of inflation and growth in households, which is a 5.5%.
There is no change in the Capital Improvement Levy. There is an increase in the portion of the levy attributable to corridor landscape program. The Street Reconstruction Levy is increasing to keep up with road maintenance needs. There is a Tax Abatement District which grows as the value in that district grows, and will increase slightly.
There is a levy associated with the Debt Service, which is down slightly from the previous year. As part of this preliminary levy, Staff is requesting the $350,000 for the HRA, and that levy did not occur last year, but did occur in similar amounts in previous years. One year was used to develop the Housing Action Plan, and from that plan, a five year budget was developed which established the amount of levy that the city needs to support the HRA. The return of $350,000 is proposed for 2007 and then in 2008, and in the future, smaller increments of increases will be requested annually through the City Council.
The largest portion of the Property Tax Levy goes to the General Fund (approximately 70%), and then the next major portion to the Debt Service Fund (16%), and the balance disbursed to various places. The city once again is able to lower the tax rate, and is about 1/3 lower than in previous years. This will be an increasing challenge in future years due to the property value rates. The proposed tax rate will be just over 28% which is .3% lower than 2007. For the average valued home, this would be a $2.00 increase or .2% increase.
For property owners who have challenges with their income, there is opportunity through the Circuit Breaker program to receive some help with respect to the property tax payments and to get a refund.
Moved by Member Rebholz, seconded by Member Scoggins, moved to adopt the following resolution:
RESOL. NO. 07-195
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, ESTABLISHING A PROPOSED TAX LEVY AND GENERAL FUND BUDGET FOR 2008 FOR A TOTAL LEVY AMOUNT OF $25,366,660.00.
Voting via voice:
Mary Stephens - aye
Paul Rebholz - aye Julie Ohs - aye
Amy Scoggins - aye William Hargis - aye
Moved by Member Ohs, seconded by Member Scoggins, moved to adopt the following resolution:
RESOL. NO. 07-196
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, ESTABLISHING A PROPOSED WOODBURY HOUSING AND REDEVELOPMENT AUTHORITY LEVY OF A SPECIAL BENEFIT TAX WITHIN THE AUTHORITY’S AREA OF OPERATION FOR 2008.
Voting via voice:
Mary Stephens - aye
Paul Rebholz - aye Julie Ohs - aye
Amy Scoggins - aye William Hargis - aye
Moved by Member Rebholz, seconded by Member Scoggins, moved to confirm that the Truth in Taxation hearing is scheduled for Thursday, November 29 at 7:30 p.m. and the continuation hearing/tax levy and budget adoption is scheduled for Wednesday, December 12 at 7:30 p.m.
Voting in favor: Stephens, Ohs, Rebholz, Scoggins, Hargis
Voting against: None
Mr. Gridley said if citizens at home are looking for more information on the budget, it is on the website. Mr. Gridley also noted that the Truth in Taxation date is on a Thursday, and not the regular Wednesday meeting night.
Preliminary Items Scheduled for the Planning Commission Meeting of September 17, 2007:
1. Bertrand Variance
2. T-Mobile Tower Interim Conditional Use Permit
Preliminary Items Scheduled for the Council Workshop Meeting of September 19, 2007:
1. Comprehensive Plan Update
2. Local Board of Appeals and Equalization Open Book Meeting Process
3. 2008 Street Rotation Program
4. Northeast Area Land Use Scenarios
5. Bielenberg Sports Center
Public Hearings Scheduled for September 26, 2007:
1. Bertrand Variance
2. T-Mobil Cell Tower
3. Woodduck Drive Street and Utility Improvements
4. On sale Intoxicating Liquor License to ERJ Dining.
Other Meetings
1. Economic Development Commission, September 13, 7:30 a.m., Council Conference Room
2. Environment Advisory Commission, September 24, 6:30 p.m. – This will be a tour, not actual meeting at City Hall.
Mayor Hargis asked for an update on the T-Mobile meeting. Mr. Gridley said the date has been changed since the agenda has been produced, and the new dates for this meeting will be in October.
Mayor Hargis adjourned the Council meeting at 8:30 p.m.
_________________________________________
Clinton P. Gridley, City Administrator
Approved by City Council on December 12, 2007