City Council Minutes

Wednesday, October 13, 2004

Pursuant to due call and notice thereof, a regular meeting was duly held at the Woodbury City Hall, 8301 Valley Creek Road, on the 13th day of October, 2004.

CALL TO ORDER
Mayor William Hargis called the meeting to order at 7:30 p.m. Audience, staff, and Council pledged allegiance to the flag of the United States of America.

ROLL CALL
Upon roll call the following were present: William Hargis, Peter Rekow, Cheryl Hurst, and Michael Charron. Absent: Michael Madigan. Others Present: Clinton Gridley, City Administrator, Mark Vierling, City Attorney; Dwight Picha, Community Development Director, Mark Graham, Assistant City Engineer and Warren Tracy, Engineering Technician IV.

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

  1. Presentation of Awards to Photo Contest Winners
  2. Julie Lehr, Communications Specialist, stated that this was the Sixth Annual City of Woodbury Photo Contest. She said the first year of this contest there were 116 entries, and has been over 100 entries every year since. This year there were 148 photos submitted. There are usually three categories for the traditional photos: nature, people and personalities, and event/feature. Digital photographs were put into one category. This year some of the digital photographs were placed in the other categories. Entries that were digitally enhanced were separated out, and a digital nature category was established.

    Ms. Lehr introduced the judges: Doug Chasar, of Woodbury Arts Connection; Kirk Duit, Kirk Portrait Designs; and Liz Knutsen, Liz Knutsen photography. She thanked the judges for their time and effort in judging the photographs. She also thanked Jason Eggerstrom for coordinating the contest. The winning photos will be exhibited at Central Park from October 16 to October 31, 2004. The South Washington Telecommunications Commission has videotaped all the entries and are showing them on cable.

    Ms. Lehr said the first place winners will receive a check for $100, second place receives $50, and third place receives $25. The Honorable Mention winners receive a Woodbury water bottle and all winners receive ribbons and a certificate.

    Jason Eggerstrom announced the winners:

    Nature
    First place: Brad Mischler - "Mother's Day Storm"
    Second place: Wendy Fislien Graber - "Lonesome Oak"
    Third place: Brad Mischler - "Back Yard Fall Colors"
    Honorable mentions:
        Anna Dixon - "Bird Catches Dragonfly"
        Cassandra Esselman - "Bird Bath"
        Sue Hofacker - "Guilty as Charged"
        Sue Hofacker - "After the Storm"
        Glenda Regan - "Echinacea Alba"
        Glenda Regan - "Winter's Quiet"

    People/Personalities
    First place: Brooks Berg - "Ice Cream Truck Delivers!"
    Second place: Julie Brusen - "Boy Running Through Sprinkler"
    Third place: Andrea Warneke - "Meeting the New Neighbor"
    Honorable mentions:
        Sharon D'Agostino - "Big Catch at Powers Lake Pier"
        Al Gartner - "Fishing"

    Event/Feature
    First place: Sue Hofacker - "An Encouraging Moment"
    Second place: Connie Kasella - "Woodbury Days Parade"
    Third place: Joseph Johnson - "Grand Finale"
    Honorable mentions:
        Amanda Dixon - "Soccer Girls"
        Joe Hamernick - "Man, What a Game"
        Joe Schreifels - "Signs of Summer"
        Colleen Zrucky - "First Dream - Heritage House"

    Digitally-Enhanced
    First place: Jim Brun - "Colby Culvert"
    Second place: Brandy Nolan - "Lily by the Rock"
    Third place: Ed Gabel - "Dew on Grass"
    Honorable mentions:
        Anna Dixon - "Whitetail Buck"

    Digital-Nature
    First place: Steven Shor - "Moon Flower"
    Second place: Collin Bonde - "Ice Lumps"
    Third place: Andrew Urban - "Rainbow over Woodbury"
    Honorable mentions:
        Collin Bonde - "Calalilly Critter"
        Collin Bonde - "Starting Anew"
        Anya Filipiak - "Dog in Tulip Bed"
        Joseph Johnson - "After the Storm Sunset"
        Megan Runkel - "A Butterfly in my Front Yard Garden"
        Yelena Surova - "Foggy Morning on the Lake"

OPEN FORUM

There were no speakers.

CONSENT AGENDA
Mayor Hargis explained that Consent Agenda items are considered routine and are adopted by one motion in an affirmative vote of the Members. He said there is no separate discussion of these items unless a Council Member or citizen so requests, in which event the item(s) will be removed from the Consent Agenda and considered during the Discussion portion of the agenda.

Moved by Mayor Hargis, seconded by Member Charron, to approve the Consent Agenda, Items 6A through 6V.

Item A To approve the minutes of the September 8 and 22, 2004 City Council meetings.

Item B To approve the Ice Skating Program Director annual contract with Ms. Brenda Leonard, an independent contractor, under the terms as presented in the Agreement.

Item C To approve the CDBG subgrantee agreement between Washington County and the City of Woodbury, and authorize the City Administrator and Mayor to sign the agreement on behalf of the City. The City Attorney has reviewed and approved the agreement as to form.

Item D To approve the Troje Addition Final Plat and Developer's Agreement, Case No. 04-57, with the following conditions:

  1. All conditions of Preliminary Plat approval shall remain in full force and effect, including those outlined by the Engineering Department.
  2. Park dedication shall be satisfied in cash prior to the release of the Final Plat.

Item E To approve the Certificate of Correction for Turnberry 2nd Addition with the following conditions:

  1. Conditions of the Planned Unit Development for Turnberry remain in full force and effect.
  2. Conditions of approval for Turnberry 2nd Addition remain in full force and effect.
  3. Authorize the Mayor and City Administrator to execute the Certificate of Correction for recording.

Item F To approve the Amended Final Plat and First Amendment to Developer's Agreement of Woodbury Lakes for OPUS/RED, Case No. 04-74, subject to the following conditions:

  1. All conditions of the Preliminary Plat and Planned Unit Development Conditional Use Permit for Woodbury Lakes remain in full force and effect.
  2. All conditions of the original Final Plat, Case No. 04-33 remain in full force and effect.

Item G To adopt the following resolution: RESOL. NO. 04-216

RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, APPROVING THE PURCHASE OF ONE (1) ARROW BOARD AND ATTENUATOR FOR AN AMOUNT NOT TO EXCEED $29,814.68 THROUGH THE STATE OF MINNESOTA COOPERATIVE PURCHASING VENTURE

Item H To adopt the following resolution: RESOL. NO. 04-217

RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, REJECTING THE QUOTATION SUBMITTED BY CARLSON TRACTOR AND EQUIPMENT OF $8,402.73 DUE TO UNABLE TO MEET THE SPECIFICATIONS AND AWARDING THE CONTRACT FOR THE ONE (1) SKID-STEER MOUNTED BRUSH MOWER AND SPECIAL SAFETY GLASS FRONT DOOR TO TRI STATE BOBCAT FOR AN AMOUNT NOT TO EXCEED $8,482.73 AND AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR TO SIGN SAID AGREEMENT

Item I To adopt the following resolution: RESOL. NO. 04-218

RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, APPROVING THE COOPERATIVE AGREEMENT WITH WASHINGTON COUNTY, AUTHORIZING THE SELECTION OF HOWARD R. GREEN COMPANY AS THE ENGINEERING CONSULTANT TO PERFORM FINAL DESIGN SERVICES AND APPROVING A CONTRACT WITH BONESTROO, ROSENE, ANDERLIK & ASSOCIATES TO PERFORM A DRAINAGE STUDY AND AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR TO SIGN SAID AGREEMENTS AND CONTRACTS FOR THE RADIO DRIVE SAFETY AND MOBILITY PROJECT S.A.P. 82-613-21

Item J To adopt the following resolution: RESOL. NO. 04-219

RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, AUTHORIZING THE PREPARATION OF THE PRELIMINARY REPORT FOR WEIR DRIVE FROM VALLEY CREEK ROAD TO TAMARACK ROAD WATER, SEWER AND STREET IMPROVEMENTS

Item K To adopt the following resolution: RESOL. NO. 04-220

RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, AUTHORIZING THE PREPARATION OF THE PRELIMINARY REPORT FOR THE LAKE ROAD UTILITY AND STREET IMPROVEMENTS FROM COTTAGE GROVE DRIVE TO ¼ MILE WEST

Item L To adopt the following resolution: RESOL. NO. 04-221

RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, AUTHORIZING THE PREPARATION OF THE PRELIMINARY REPORT FOR THE LAKE ROAD UTILITY AND STREET IMPROVEMENTS WITHIN STONEMILL FARMS 3RD ADDITION

Item M To adopt a motion approving Work Order Nos. 21 and 22 in a total amount of $4,827.57 associated with the I-494/Tamarack Road Interchange Project.

Item N To adopt the following resolution: RESOL. NO. 04-222

RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, AUTHORIZING THE EXECUTION OF A CONSENT TO ENTER AND WAVIER OF TRESPASS WITH THE SOUTH WASHINGTON WATERSHED DISTRICT FOR THE CONSTRUCTION OF AN ACCESS ROAD AND OUTLET TO POND CDP 85

Item O To adopt the following resolution: RESOL. NO. 04-223

RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, APPROVING THE MAYOR AND CITY ADMINISTRATOR TO ENTER INTO AN AGREEMENT WITH HENNEPIN COUNTY TO PARTICIPATE IN THE WIRELESS FINGERPRINT DEMONSTRATION PROJECT

Item P To approve the issuance of a taxicab driver and vehicle license to Gedion Terfasa effective October 13, 2004 to December 31, 2004.

Item Q To adopt the following resolution: RESOL. NO. 04-224

RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, APPOINTING ADDITIONAL ELECTION JUDGES FOR THE NOVEMBER 2, 2004 GENERAL ELECTION

Item R To adopt a motion to:

  1. Reschedule the October 19 workshop to October 27. The workshop will begin at 6:30 p.m. and take place in the City Council Chambers. The regular October 27 meeting will convene at 8:00 p.m. on October 27.
  2. Schedule the 2004 Election Canvassing Board meeting for 6:00 p.m. on Thursday, November 4, 2004. The meeting will take place in the City Council Chambers.
  3. Schedule the 2004 Advisory Boards/Commission interviews on Saturday, December 4, 2004 from 8:00 a.m. to approximately 2:00 p.m. The interviews will take place in the Council Chambers and Council Conference Room.

Item S To adopt a motion rescheduling the January workshop to January 25, the February workshop to February 25 and the March workshop to March 31, and the second regular meeting from March 23 to March 30.

Item T To adopt the following resolution: RESOL. NO. 04-225

RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, APPOINTING NICHOLAS KOKTAVY AS ADMINISTRATIVE ASSOCIATE EFFECTIVE OCTOBER 25, 2004

Item U To adopt the following resolution: RESOL. NO. 04-226

RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, SUPPORTING THE INCORPORATION OF THE BOUNDARIES OF DENMARK TOWNSHIP

Item V To approve the Abstract of Bills for September 24, 2004 in the amount of $2,210,167.67, the Abstract of Bills for October 1, 2004 in the amount of $769,677.42, and the Abstract of Bills for October 8, 2004 in the amount of $679,220.44.

Voting via voice:

Cheryl Hurst - aye
Michael Charron - aye
Michael Madigan - absent
Peter Rekow - aye
William Hargis - aye

PUBLIC HEARINGS

  1. Adoption of Special Assessments for Cottage Grove Drive - Valley Creek Road to ½ mile South Utility and Street Improvements
  2. Mark Graham, Assistant City Engineer, outlined Council Letter No. 04-439. He said this project started in 2003. This roadway now has concrete curb and gutter, such as sewer and water. The project was bid in August of 2003 and it was estimated that the project cost would be $1.2 million. The final costs came in about $60,000 higher because of some problems with rock. The final project cost will be $1.26 million.

    Mr. Graham stated that the lateral utility and street improvements cost would be $1,007,521, and this is the amount that will be assessed to abutting property owners. There were four properties where the benefit appraisal showed less than what the City had anticipated, and it was negotiated with the developers for their contribution of $60,000. The City's trunk water area charge is $168,378 and the trunk storm area charge is $26,065.

    Mr. Graham noted that Mr. Tracy has met with many of the individuals in this project to discuss the project and the project costs.

    Mr. Graham referred to assessments and said that the City assesses the ERU portion to the individual properties and they are levied over five years at a interest rate of 7%. The property owners can delay a portion of their assessment over ten years.

    Mayor Hargis stated that for an property owner to perfect an assessment appeal, they must file a written objection to the assessment prior to the closing of this hearing. He indicated that he has received one appeal notice from Greg Mitsch.

    Greg Mitsch, 2095 Cottage Grove Drive, addressed the Council. He thanked City staff for working with the local homeowners along this roadway. He said he has an existing home on a five acre parcel and his assessment is about $82,000. If he hooks up to sewer and water, he will have additional assessments for hookup charges around $5,000-$7,000, plus paying the hookup charges. He said the completed improvements state that all the homes on the east and west side have stub sanitary sewer and water. He said his property does not have stub sanitary sewer to his property and that is why he is appealing his assessment. If his well or septic failed today, he would not be able to hook up to a stub water main or a sewer main. He won't have that access until the Currell Pulte property develops to the south of him. Some of the other properties on Cottage Grove Drive are not being assessed for lateral charges because they are being connected through other developments.

    Moved by Member Hurst, seconded by Member Charron, to close the public hearing.

    Voting in favor: Charron, Hurst, Rekow, Hargis
    Voting against: None
    Absent: Madigan

    Mr. Graham said that the sanitary sewer was constructed in three separate pieces. Through the City's policy, the City has provided most of the properties with sanitary sewer availability. If there was a development in the Currell property, Mr. Mitsch could develop lots in the back area. To get sanitary sewer to that area, it would go through the Pulte development. Pulte has a preliminary plat already, but there is no certainty that it will happen next year. Mr. Mitsch would also have the ability to have some lots up front. The City could work with the sanitary sewer that is there today and provide an extension to serve those properties by coming up the east side of Cottage Grove Drive. The City's policy states that they take all the sewer that is constructed as part of a job and assess it one-third on frontage, two-thirds on the area to be served. And by the City's policy, Mr. Mitsch is deriving benefit from the current installations. Staff has originally planned to bring the sanitary sewer out of the Fairway Meadows development and up north Cottage Grove Drive. But they ran into too much rock, so the cost for the assessments would have been higher. To serve the Mitsch property today, it would come from the north along Cottage Grove Drive to serve the front of the lot, or it would come through the Pulte property to the back. He indicated that sewer is available today. If Mr. Mitsch decided to develop prior to the Pulte property, staff could work with Pulte to get something done with the sewer and water issues.

    Mr. Tracy stated they reviewed this issue with the appraiser, who felt it was reasonable that, even if there was a delay of a year or two for the extensions to occur to portions of developing properties through preliminary platted properties, that it was reasonable that the extensions could occur at a later date. He said the benefit appraisal identified about $250,000 benefit to the Mitsch property for the improvements, and the proposed assessments are approximately $82,000. His property is developable and would not be that expensive to provide the actual improvements on the site.

    Mr. Graham said that Mr. Mitsch's assessment is $82,700, with $7,900 payable now or over the next five years, and the balance over the ten year period. He said sanitary sewer, water main, street improvements are lateral improvements, and when they make improvements adjacent to someone's property, those costs are assessed right away. Storm sewer lateral charge is the only one that is not assessed until a property develops.

    Mr. Mitsch said that the back two acres of his property are developable and he would probably do it with the Pulte development. He would like some clarification as to why the properties to the west side of the road are not being charged laterals, despite the fact that they are getting a hook up through another development.

    Mr. Tracy said for the sanitary sewer improvements, these properties will have sanitary sewer that will flow through the lateral sanitary extensions that were made as part of this project. The Mitsch property will eventually flow through this sanitary sewer extension. He may have a cul-de-sac that will flow through the Fairway Meadows east property. With regard to the Thone additions, the Fairway Meadows additions and the Stonemill Farms additions that are not included in this project, none of the sanitary sewer from those areas will flow through the pipes constructed as part of this project. Those parcels are not now benefited by the improvements. Mr. Mitsch's potential development would go through the pipes of this project. He said the Thone property has a sanitary sewer extension that extends into Fairway Meadows. It was not reasonable from a topography standpoint to have sanitary sewer extensions from Cottage Grove Drive to serve the Thone property. The Thone development assessments were done privately as part of the Fairway Meadows addition that were privately constructed. The Hillside Heights addition was part of the Eagle Valley addition. This was a public contract. The developer of the Hillside Heights addition paid for his extension through a public improvement project that the City completed. Hillside Heights paid 100% of that extension within their property.

    Mr. Graham commented that the Thone property owner sold the land to Fairway Meadows.

    Mark Vierling, City Attorney, stated that the City is required by statute and caselaw to have a uniform policy relative to how they assess for benefit in public improvements and that they apply that to each project pursuant to the approved policies. He said he has not heard anything in this instance that would indicate that there is a deviation of the policy being implemented in this project. He said that after 30 days after the adoption of the resolution by the City Council, Mr. Mitsch can file an action in district court to formally challenge the assessment of the City. The property owner will acquire their own benefit appraisal and the court would then determine the case by comparing the two benefit appraisals and how they were completed. The court has the right to alter the assessment if they find reason to.

    Member Rekow stated that he didn't remember that the one-thirds/two-thirds was policy and asked if this would be done on other projects in the future. Mr. Tracy said this procedure was applied as part of the southern half mile of Cottage Grove Drive. It is not outlined as a formal policy at this time, but it was applied to the preliminary report for the 2001F Street Improvement Project, which is the southern half mile.

    Member Rekow asked if the City should take a look at making this a policy. Mr. Graham said that it is difficult to get every project to conform to a policy.

    Mr. Graham noted that if Mr. Mitsch wanted to develop within the next building season, he could contact staff and go through the process to get utilities onto the site.

    Mr. Graham said that Mr. Mitsch has to notify the City by November 13th if he wants to apply for the deferral of payment of assessments. He can apply for this deferment even during his appeal process.

    Member Hurst introduced the following resolution and moved its adoption: RESOL. NO. 04-227

    RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, ADOPTING AND CONFIRMING THE ASSESSMENT FOR COTTAGE GROVE DRIVE - VALLEY CREEK ROAD TO ½ MILE SOUTH UTILITY AND STREET IMPROVEMENTS

    The motion for the adoption of the foregoing resolution was duly seconded by Member Rekow and upon roll call being taken thereon, the following voted via voice:

    Michael Charron - aye
    Michael Madigan - absent
    Peter Rekow - aye
    Cheryl Hurst - aye
    William Hargis - aye

  3. Items Associated with Dancing Waters 7th Addition
    1. Public Hearing: Preliminary Plat, Final Site and Building Plan, Case Nos. 04-58 and 04-59
    2. Dwight Picha, Community Development Director, outlined Council Letter No. 04-440. The original plan had lots that fronted on the street, and it is proposed that there will be no driveways onto the street. There will be a bikeway on one side of the street and a sidewalk on the other side. They are also providing a much larger greenway corridor through the park system. The project consists of 285 townhome units with three different types of units. There are row townhomes around the northern perimeter, traditional two-story walkout townhomes, and detached townhome or patio homes. The project will be served by both private and public streets. This project will be implemented over the next three years.

      Jennifer Levitt of the Planning Commission stated that the Commission had concerns about the parking situation. With the revised plan, they reduced the number of parking stalls from 78 to 67, and they moved some of the buildings to get more green space. The Commission was also concerned about on-street parking, but with a 28 foot street width, there would still be a travel lane for emergency vehicles if there was on-street parking.

      Ms. Levitt said the Commission was concerned about impervious surfaces. Staff had worked with the developer to reduce the sidewalk on the south side of Bridgewater, and they have maintained the center sidewalk between road A and road B going to the tot lot. The developer clarified that there would be no vinyl siding in the development. The Commission then passed this proposal by a 6-0 vote.

      Moved by Member Rekow, seconded by Member Charron, to close the public hearing.

      Voting in favor: Charron, Hurst, Rekow, Hargis
      Voting against: None
      Absent: Madigan

      Member Hurst commented that she has heard remarks that there needs to be more single level living units in the City.

      Mayor Hargis asked what would happen if the power was out and the owners couldn't get into their house, especially as some of these townhomes have their main entrance through the garage only. Mr. Picha indicated that there is another access, there is a front door on the other side of the garage. People would have to walk on the sidewalk to get to their front door. In the patio home area, they would walk around to the back of the unit.

      Mayor Hargis asked if the City allows parking on both sides of a 28 foot roadway. Mr. Picha replied that the City does allow this. There should be plenty of parking for guests.

      Mayor Hargis asked if staff was comfortable with the density of this project. Mr. Picha replied that they are at 1150 units for this development, which is consistent with the original approval. On the growth management plan, the estimate for this development was 1290.

      Moved by Member Rekow, seconded by Member Charron, to approve the Dancing Waters 7th Addition Preliminary Plat/Final Site and Building Plan, Case Nos. 04-58 and 04-59, subject to the following conditions:

      Planning Division Conditions

      1. Prior to the issuance of a building permit, the developer shall work with the Planning Division to develop a pedestrian amenities plan that increases rest areas and adds other amenities throughout the project.

      2. Prior to the issuance of a building permit for each type of unit the developer shall submit a final typical detailed landscaping plan for each type of housing unit.

      3. Prior to the issuance of a building permit, a landscape financial guarantee shall be provided in an amount equal to 150% of the estimated cost of the landscaping and shall be submitted prior to the issuance of a building permit.

      4. The developer shall work with the Planning Division to show a mix of housing structures within the outer tier of townhome units as well as adjusting the juxtaposition of a number of unit locations.

      5. All common ground non-impervious surfaces shall be sodded and irrigated, including public right-of-way.

      6. Buildings shall be substantially constructed according to the same plans, materials and locations shown with this application with the exception of canopies over doorways which shall be a mix of canopy shapes and/or entry doorway features.

      7. Internal parking, sidewalk and driveway lighting shall conform to light standards approved for the Dancing Waters PUD and be resubmitted as a detailed pedestrian lighting package.

      8. All final drainage, grading, erosion control and utility plans shall be reviewed and approved by the City Engineer prior to issuance of a grading permit.

      9. Public street plans shall be constructed according to the standards set forth in the Dancing Waters Planned Unit Development General Plan of Development.

      Engineering Division Conditions:

      1. The approved Preliminary Plat for the Dancing Waters development shows three stormwater ponds along the north property line of the Dancing Waters 7th Addition. The Developer of the Dancing Waters 7th Addition will be 100% financially responsible for the development and construction of these storm water ponds and any property acquisition cost if they are found to be necessary for this development. The City will review with the developer alternate stormwater management options in lieu of the aforementioned ponds, such as additional or larger storm sewer. Any cost associated with alternate designs will be the developer's responsibility.

      2. Area charges and major roadway assessments will be applied to the Dancing Waters 7th Addition in a manner consistent with previous Dancing Waters additions. The area charges and major roadway assessments will be outlined in a preliminary report update prepared for the Dancing Waters 7th Addition.

      3. Emergency Overflows (EOF) elevations need to be 1.5 feet lower than the lowest ground elevation of adjacent homes.

      4. All sidewalks within public rights-of-way must be constructed to the city standards and shall be inspected prior to acceptance to the city ownership.

      5. All sidewalks shall be privately maintained by the Developer or by the future homeowners association. After acceptance of the sidewalk by the city major repairs will be the city's responsibility.

      6. As part of this development the Engineering Division is requesting a plan that shows access to the city's future affordable housing area proposed east of the 7th Addition.

      7. Landscaping features along roadways, at intersections, storm ponds, outlots, drainage and utility easements and right-of-way need to be located per City standards.

      8. Landscaping features at street intersections need to meet sigh distance requirements.

      Voting in favor: Charron, Hurst, Rekow, Hargis
      Voting against: None
      Absent: Madigan

    3. Action Item: Final Plat and Developer's Agreement, Case No. 04-60
    4. Mr. Picha said the final plat is 63 townhome units and is located in the western portion of the site. Staff is recommending approval of the final plat and developer's agreement.

      Moved by Member Charron, seconded by Member Hurst, to approve the Dancing Waters 7th Addition Final Plat and Developer's Agreement, Case No. 04-60, subject to the following conditions:

      Planning Division Conditions:

      1. The Final Plat shall be adjusted to reflect building placements approved as part of the Preliminary Plat.

      2. All conditions of the Dancing Waters Planned Unit Development shall remain in full force and effect.

      3. All conditions of the Preliminary Plat and Final Site and Building Plan Approval, Case No. 04-58 and 04-59 shall remain in full force and effect.

      Engineering Division Conditions:

      1. The Engineering Division shall review the revised Final Plat prior to release of the plat for recording.

      Voting in Favor: Charron, Hurst, Rekow, Hargis
      Voting Against: None
      Absent: Madigan

DISCUSSION

    No items scheduled.

ADMINISTRATOR'S REPORT

Clinton Gridley noted that staff has made changes to the Council letters from a 10 point font to a 12 point font for reading ease.

Neighborhood Meetings

1. Ridgegate Street Major Maintenance, October 14, 7:00 p.m., Valley Creek Room at Central Park

2. Lake Road (Pioneer Drive to Colby Lake) Street Major Maintenance, October 18, 7:00 p.m., Meeting Room B at City Hall

3. Bielenberg Drive (Valley Creek Road to Guider Drive) Street Major Maintenance, October 18, 2:00 p.m., Meeting Room B at City Hall

4. Currell Boulevard Street Major Maintenance, October 18, 2:00 p.m., Meeting Room B at City Hall

5. Renaming Tower Drive between Bailey Road and Military Road (the proposed new name is Radio Drive), October 20, 6:30 p.m., Bielenberg Sports Center Multi-Purpose Room

 

Planning Commission Scheduled for October 18, 2004
(Tentative - subject to change)

1. CVS Pharmacy, Amended Planned Unit Development, Site Plan, Case Nos. 04-53 and 04-54

 

Council Workshop Agenda for October 27, 2004

1. Energy Conservation Policy Strategic Issue

2. Recreation/Open Space/Trail Facility Strategy (Strategic Issue)

 

Public Hearings Scheduled for October 27, 2004 Council Meeting

1. CVS Pharmacy, Amended Planned Unit Development, Site Plan, Case Nos. 04-53 and 04-54

 

Other Meetings

Economic Development Authority, October 14, 7:30 a.m., Meeting Room A at City Hall

 

OTHER ITEMS

Mayor Hargis referred to the summary of the people that have agreed to serve on the task force that will be studying the City's fire emergency medical services staffing issues. Member Hurst will be the City Council representative, Bill Benton will represent the Economic Development Authority, Joel Kilbasa will represent the Chamber of Commerce and the Lions Club, Greg Orth will represent the Public Safety Board, Bill Hering, Director of Public Safety, Tim Johnson, Director of Finance, Mike Richardson, Fire Service Manager, and Greg Susteen, President of the Firefighters Benefit Association and Jody Vogl-Eilertson, Director of Administration and Human Resources, who will also chair the task force.

Member Rekow asked if the Council was doing the workshop at the normal Council meeting. Mayor Hargis indicated that there is no workshop next week and has been rescheduled for 6:00 p.m. on the 27th of October, and the Council meeting will start at 8:00 p.m.

Mayor Hargis stated that the City Council will adjourn to executive session. Pursuant to the provisions of Minnesota Statutes Section 13D.01 (or 13D.05, subd. 23B), and based upon the advice of the City Attorney, Mayor Hargis recommends at the end of the regular meeting of the City Council, the Council adjourn to a closed meeting. The purpose of this closed meeting will be to review the matters of litigation commenced by Tamarack Village Shopping Center Limited Partnership against the City regarding the Woodbury Lakes project. The second matter to be reviewed will be to review and discuss labor negotiation strategies authorized under Minnesota Statutes Section 13D.03. As to the meeting regarding the labor negotiation strategies, this session will be tape recorded as required by Minnesota Statutes Section 13D.03, subd. 2. At the next regular City Council meeting, for the benefit of the public, the Council will summarize the discussion or action that took place at the closed session. Mayor Hargis is requesting a motion to hold a closed meeting for the purposes previously stated.

Moved by Member Rekow, seconded by Member Charron, to hold a closed meeting for the purposes previously stated.

Voting in Favor: Charron, Hurst, Rekow, Hargis
Voting Against: None
Absent: Madigan

Mayor Hargis adjourned the Council meeting at 8:58 p.m.


Detailed information on agenda items is available on the October 13, 2004, City Council Agenda.