Pursuant to due call and notice thereof, a regular meeting was duly held at the Woodbury City Hall, 8301 Valley Creek Road, on the 26th day of January, 2005.
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.
Mayor Hargis welcomed new City Council members Paul Rebholz and Amy Scoggins. He administered the oath of office to them.
ROLL CALL
Upon roll call the following were present: William Hargis, Michael Madigan, Cheryl Hurst, and Amy Scoggins. Absent: Paul Rebholz. Others Present: Clinton Gridley, City Administrator, 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
Report on Executive Session January 12, 2005-Presented by the City Attorney
The January 12, 2005 closed meeting regarding the former employee was attended by all members of the City Council, the City Administrator, Clinton Gridley, the City Attorney, Mark J. Vierling, and Public Works Director David Jessup.
The City Council received updated information on the matter and advice from its legal counsel and discussed the issues and gave direction to legal counsel on strategic issues. No formal action was directed by the council at this time.
The January 12, 2005 closed meeting involving the Tamarack Village matter was attended by all city council members, Clinton Gridley the City Administrator, David Jessup the Director of Public Works, Dwight Picha the Director of Community Development, Mark Vierling, City Attorney and Amanda Morken, legal council from the League of Minnesota City's Insurance Trust. The City Council received updated information on the matter and advice from its legal counsel and discussed the issues and gave direction to legal counsel on strategic issues. No formal action was directed by the council at this time.
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 Madigan, to approve the Consent Agenda, Items 6A through 6O, with the exception of Item 6D, which was pulled and added to the Discussion agenda.
Item A To approve a contract with CEI Engineering Associates, Inc. to provide engineering services and authorize the preparation of plans and specifications.
Item B To approve the Final Plat of Turnberry 4th Addition, subject to the following conditions:
1. All Engineering Division comments outlined in the October 21, 2002 and October 24, 2002 "Conditions of Approval" memo for the overall Turnberry Preliminary Plat shall be met.
2. The Developer shall be responsible for all charges and improvements as outlined in the Feasibility Report update dated November 30, 2004 and approved by the City Council on December 8, 2004. All charges and improvements will be memorialized in the Developer's Agreement and include the following: water, sanitary sewer and storm sewer area charges, traffic signal special assessments, perimeter roadway special assessments, perimeter utility improvement special assessments, future street maintenance special assessments and all internal street and utility improvements
3. The Developer shall be responsible to provide any additional drainage and utility easements or rights-of-way to the Final Plat, if necessary, as a result of the final review and approval of the street and utility plans that are being prepared by the City. These utility plans are currently being reviewed and will be approved upon execution of the Developer's Agreement.
Item C To adopt the following resolution: RESOL. NO. 05-22
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, ADOPTING A POLICY REGARDING THE FENCING OF STORM WATER PONDS AND WETLANDS
Item D Pulled.
Item E To approve Change Order No. 1 for the Bailey Lake Storm Water Lift Station Expansion for Magney Construction in the amount of $12,165.43.
Item F To adopt the following resolution: RESOL. NO. 05-23
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, ESTABLISHING A STOP SIGN LOCATION ON NEWBURY ROAD AT LYDIA LANE IN THE CITY OF WOODBURY
Item G To adopt the following resolution: RESOL. NO. 05-24
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, ORDER THE PROJECT FOR THE SETTLERS RIDGE PARKWAY UTILITY AND STREET IMPROVEMENTS ¼ MILE NORTH AND ¼ MILE SOUTH OF VALLEY CREEK ROAD S.A.P. 192-127-01
Item H To adopt the following resolution: RESOL. NO. 05-25
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, AUTHORIZING THE ACCEPTANCE OF GIFT OF 50 BLANKETS FROM THE MINNESOTA SHERIFF'S ASSOCIATION TO THE CITY OF WOODBURY
Item I To authorize the Mayor and City Administrator to enter into an employment contract with Gregory H. Schlichting for the purposes of completing administrative projects in the Public Safety Department. Per the contract, Schlichting will be paid $30 per hour and be under the direction of the Public Safety Director.
Item J To approve issuing a temporary on sale liquor license to Children's Hospital Association Woodbury Guild effective Thursday, February 10 from 7:00 p.m. to 10:00 p.m. for their fundraising event to be held at Eagle Valley Golf Course, which is located at 2600 Double Eagle Lane with the condition that those responsible for service of alcohol must first attend a brief training session conducted by the City's compliance officer.
Item K To adopt the following resolution: RESOL. NO. 05-26
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, APPOINTING SAMUEL LY AS PART-TIME METER READER EFFECTIVE JANUARY 31, 2005
Item L To approve to not fill the current Public Works Technician vacancy and instead hire a Public Works Secretary.
Item M To approve the proposal for Decision Resources to conduct the 2005 community survey at the invoiced cost.
Item N To approve the Abstract of Bills for January 14, 2005 in the amount of $843,733.01 and the Abstract of Bills for January 21, 2005 in the amount of $501,322.07. Any purchase contracts requiring the signature of the Mayor and City Administrator are hereby approved.
Item O To approve the Settlement and Release of Claims and authorize the Mayor or Mayor Pro-Tem and City Administrator's signature.
Voting via voice:
Cheryl Hurst - aye
Paul Rebholz - absent
Michael Madigan - aye
Amy Scoggins - aye
William Hargis - aye
PUBLIC HEARINGS
David Jessup, Public Works Director, outlined Council Letter No. 05-55. It is proposed that Valley Creek Road will become a six lane roadway with dual left turn lanes from eastbound Valley Creek Road to ramp and Woodlane Drive intersection. An additional loop will be added to the interchange for cars going westbound on Valley Creek Road to turn right to go south on 494. There will also be pathways along the north and south sides of Valley Creek Road. There will be auxiliary lanes on 494 between Valley Creek Road and Lake Road.
Mr. Jessup stated there have been nine formal informational meetings regarding this project and numerous individual meetings held with residents or businesses.
Adam Josephson, project manager for this project from MnDOT, said that there were three staging concepts: one to keep the interchange open during reconstruction, to keep the overpass open, and to close the interchange entirely. To keep the interchange open would reduce traffic to one lane on Valley Creek Road in each direction and there would be some restrictions for ramp use. The construction schedule with this scenario would be from March, 2006 to the fall of 2007. With the complete closure, construction should be completed in the fall of 2006. He said that the costs would be higher (approximately $1 million) if they worked around traffic. MnDot also believes there will be more confusion if they have to reroute traffic and change detour signs during construction if they keep Valley Creek Road open. He said doing the project all at one time gets a better quality product than by doing it in phases. Another issue is construction zone safety. The detours for Valley Creek Road would be Lake Road and Tamarack Road. They are able to handle the increased traffic volumes. They are also going to look at incentives for the contractor to complete the project earlier. MnDOT is in favor of shutting down the interchange and complete it as soon as possible.
Mr. Jessup referred to a letter from the Chamber of Commerce asking for consideration to some of the issues they are concerned with. They did a survey of their members in May of 2004. The survey indicated two-thirds of those who responded favored the full closure of the bridge and minimizing the overall construction timeframe. He said the Washington County Board voted to approve the closure of the interchange.
Mr. Jessup said another consideration was the completion of Woodlane Drive to Guider Drive. The Robert Muir Company would be willing to dedicate the right-of-way for that roadway, but they would not support any cost participation in the construction. Staff does not believe this segment of Woodlane Drive is critical to overall traffic circulation in this area. The cost would be about $850,000. The City does not have funding allocated for it.
Michael Gahlen asked for the Council's support for contractor incentives to get the project done quickly. He suggested using the $1 million MnDOT would save by closing the interchange and give it to the contractor to get it done as soon as possible.
Tom Casper of Ciatti's said he is the chairman of the task force called Keep the Valley Open, which is a group of businesses that wants to keep Valley Creek Drive open during construction. Surveys done by Washington County and the Robert Muir Company showed different results. The task force survey shows 96.55% in favor of keeping the bridge open during construction. Washington County told them they would not review their surveys. There were no economic impact studies done for this project. He is also in favor of an incentive to the contractor to get the work done as soon as possible. He suggested giving the contractor $2,000 for every day that they are done a month early, and $4,000 a day for every day for being done two months early, and $6,000 a day for being done three months early. The task force would like the project to be completed in five to six months. He would also like to change the sign ordinance for the construction period so the businesses can promote themselves more effectively.
Randy Mickelson of Kohl's is in favor of extending Woodlane Drive to Guider Drive to get another access to the businesses. He said he has an associate who walks across the bridge and he doesn't know how he will get to work during the construction period. He is also concerned about how delivery services are going to deliver supplies to the businesses.
Jack Lanners asked how many through lanes 494 could accommodate. He also asked if Valley Creek Road will be fully closed when it is being worked on. He is in favor of the incentive issue and would like language added stating that a minimum of $1 million be allocated towards incentives, including taking a higher bid if they could get the project done sooner. He also wants to see additional signage. He would also like to see as much done as possible before the bridge closes. He would also like to see penalties applied if the construction goes longer. He wants a task force put together to deal with the extension of Woodlane Drive to Guider Drive and to investigate the structure for a property tax abatement for the affected commercial businesses.
Barbara Thiesen has a shop in Valley Creek Mall and is a member of the Valley Creek Merchants Association. She asked that the City make it easier for them to continue what they do and not stop their momentum. She is asking for some leniency on the sign ordinance issue.
Kathy Bayliss from Wellington Management said there are 25 tenants at the Valley Creek Mall and about half of them will have lease expirations between now and November of 2006. They would like to see the construction done as quickly as possible, offer incentives to the contractor, sufficient detour signage.
Moved by Member Madigan, seconded by Member Hurst, to close the public hearing.
Voting in favor: Hurst, Madigan, Scoggins, Hargis
Voting against: None
Absent: Rebholz
Mayor Hargis acknowledged letters from the Robert Muir Company indicating they wanted the project done as soon as possible and from Keys Restaurant indicating that they don't want the Valley Creek project done at the same time as the Century Avenue project. There is also a letter from Robert Muir regarding the extension of Woodlane Drive and a letter from the Chamber of Commerce.
Member Rebholz left items to discuss with the Mayor, including the incentives, efficient construction, public safety issues and the connection of Guider Drive with Woodlane Drive.
Mr. Josephson said that they are planning an additional lane on the outside on 494 and there could be an additional lane added in the median area. With regard to the Valley Creek Road closure, this has not been discussed in very much detail. The Century Avenue project should be started in 2008. He doesn't believe these areas will be closed down completely.
Member Hurst asked where the incentive money would come from. Mr. Josephson said that the incentive package would be part of the overall funding, but it hasn't been determined how this will be split. There will be cost sharing from all parties.
Mr. Josephson indicated they are looking at Century and Valley Creek Road for a temporary traffic light, along with some other intersections.
Mr. Josephson stated that most of the construction work will be in the daytime hours, as there may be complaints, especially from the apartment buildings, if construction work was conducted 24 hours a day, 7 days a week. He stated that some of the bids can include a commitment of time to complete the project. He said once the design is finalized, they can get a better understanding of how long the project should take and then discuss this with contractors to see if they can get it done any sooner.
Mr. Josephson said they typically give a seven day notice with regard to detours. The businesses will know well in advance when it will be closed.
Member Madigan is in favor of supporting temporary signage during the construction period.
Mayor Hargis said there is a process in place regarding the possible devaluing of the local businesses and they can have appraisals done and open their bookwork to determine if this is the case.
Mayor Hargis believes they should consent to the MnDOT plans and the construction staging plan, memorialize the concerns the City has regarding signage, incentives, marketing and proactive communication plans. He said the City could contribute a reasonable but limited amount of money for marketing the businesses.
Member Hurst introduced the following resolution and moved its adoption: RESOL. NO. 05-27
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, GRANTING MUNICIPAL CONSENT TO THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR THE I-494/VALLEY CREEK ROAD INTERCHANGE WITHIN THE CITY OF WOODBURY S.A.P. 192-020-12
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:
Paul Rebholz - absent
Michael Madigan - aye
Amy Scoggins - aye
Cheryl Hurst - aye
William Hargis - aye
Member Madigan introduced the following resolution and moved its adoption: RESOL. NO. 05-28
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, CONCURRING WITH WASHINGTON COUNTY TO CLOSE THE VALLEY CREEK ROAD BRIDGE AND I-494/VALLEY CREEK ROAD INTERCHANGE DURING ITS RECONSTRUCTION S.A.P. 192-020-12
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:
Amy Scoggins - aye
Cheryl Hurst - aye
Paul Rebholz - absent
Michael Madigan - absent
William Hargis - aye
Moved by Mayor Hargis, seconded by Member Madigan, to encourage the use of incentives for of bidding and substantial liquidated damages regarding the timeline, that the City will evaluate the sign ordinance with regard to developing flexible, but standard, temporary measures for signage, that the City will work with the business community as well as MnDOT for a marketing plan for the businesses in the area of construction, that the City will work with the county assessor in defining what the process is if people want to apply for a reduction in value due to their economic impact, further evaluate a traffic light at Century Avenue and Valley Creek Road on an interim basis, and further discuss the Woodlane Drive and Guider Drive connection.
Voting in Favor: Hurst, Madigan, Scoggins, Hargis
Voting Against: None
Absent: Rebholz
Michele Jurjans, Investigative Aide, outlined Council Letter No. 05-56. This is for their new location at 9965 Hudson Road. McDonalds Corporation holds 91.63% of the shares in Chipotle and there is no one individual owner that owns 5% or more of the company. A background check was done on the LLC managers. Three out of ten other locations in Minnesota had compliance check failures. The restaurant should open on January 27, 2005.
Moved by Member Madigan, seconded by Member Hurst, to close the public hearing.
Voting in favor: Hurst, Madigan, Scoggins, Hargis
Voting against: None
Absent: Rebholz
Moved by Member Hurst, seconded by Member Scoggins, to approve the Chipotle Mexican Grill of Colorado, LLC dba Chipotle Mexican Grill, On Sale Wine and Beer License Application.
Voting in favor: Hurst, Madigan, Scoggins, Hargis
Voting against: None
Absent: Rebholz
Dwight Picha, Community Development Director, outlined Council Letter No. 05-57. The property is located south of Brookview Road on the east side of Wilmes Lake. The proposal would create three lots of about 2.15 acres. The variance request is to have a building setback to the ordinary high level of Wilmes Lake of 180 feet and pools or decks at 165 feet. They will dedicate Outlot A to the City and the City will deed an area to them known as Lot 1, Block 1. He said the Parks Commission approved this proposal by a 5-0 vote.
James Erkel of the Planning Commission said the Commission discussed tree protection. He did not agree with the requirement for a variance that says it shall not alter the essential character of the locality. It confuses the difference between grandfathering in an existing use and a new use. He is concerned with reducing an environmental protection. The Commission voted to approve the preliminary plat and variance.
Moved by Member Madigan, seconded by Member Scoggins, to close the public hearing.
Voting in favor: Hurst, Madigan, Scoggins, Hargis
Voting against: None
Absent: Rebholz
Member Madigan said this was a product of a settlement agreement.
Moved by Member Madigan, seconded by Member Hurst, to approve the Lake Wilmes 3rd Addition Preliminary Plat, Variance, and Final Plat, Case Nos. 04-85, 04-86 and 05-03, subject to the following conditions:
1. The lots shall be custom graded and the trees shall be preserved to the extent possible.
2. Park dedication shall be satisfied with the dedication of Outlot A.
3. An exchange of land will be made from the City to the developer as indicated on the plat.
4. All conditions outlined in the Stipulation and Order Agreement between the City of Woodbury and Walker Properties of Woodbury, LLC shall be adhered to.
5. It shall be a condition of Final Plat approval that Outlot A and all Brookview Road right-of-way be dedicated to the City of Woodbury with recording of the Lake Wilmes 3rd Addition Final Plat. The language currently shown on the Final Plat does not specifically dedicate Outlot A or Brookview Road right-of-way to the City.
6. It shall be a condition of Final Plat approval that all existing drainage and utility easements previously platted with the Lake Wilmes 2nd Addition Final Plat be vacated simultaneous with recording of the Lake Wilmes 3rd Addition Final Plat.
Voting in favor: Hurst, Madigan, Scoggins, Hargis
Voting against: None
Absent: Rebholz
David Jessup, Public Works Director, outlined Council Letter No. 05-58. This request is to vacate drainage and utility easements from the Wilmes Lake 2nd Addition which will be replatted in the Lake Wilmes 3rd Addition.
Moved by Member Madigan, seconded by Member Scoggins, to close the public hearing.
Voting in favor: Hurst, Madigan, Scoggins, Hargis
Voting against: None
Absent: Rebholz
Member Madigan introduced the following resolution and moved its adoption: RESOL. NO. 05-29
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, VACATING ALL DRAINAGE AND UTILITY EASEMENTS WITHIN THE PERIMETER OF LOTS 1, 2 AND 3, BLOCK 1, LAKE WILMES 2ND ADDITION
The motion for the adoption of the foregoing resolution was duly seconded by Member Hurst and upon roll call being taken thereon, the following voted via voice:
Paul Rebholz - absent
Michael Madigan - aye
Amy Scoggins - aye
Cheryl Hurst - aye
William Hargis - aye
Mark Vierling, City Attorney, outlined Council Letter No. 05-59. An action was commenced in December of 2002 by the City against Walker Properties of Woodbury, LLC. and Jeffrey Walker. The stipulation calls for the replatting of Lake Wilmes 2nd Addition to the Lake Wilmes 3rd Addition and conveying land to the City of Woodbury (Outlot A).
Mr. Vierling said that the Lake Wilmes 2nd Addition called for site construction with minimal loss of vegetation on the lots and the developer did a mass clear cut and graded vegetation, trees, shrubs and grasses, including the City's lot. There was a lawsuit and it was agreed to replant trees and vegetation. There are securities in the settlement documents that provide for warranties on those. There is a financial agreement to the City for completion of utilities by the applicant.
Moved by Member Madigan, seconded by Member Hurst, to approve the Stipulation and Order Agreement for the City of Woodbury v. Walker Properties of Woodbury, LLC et al., subject to the following condition:
1. All conditions outlined in the Stipulation and Order Agreement between the City of Woodbury and Walker Properties of Woodbury, LLC shall be adhered to.
Voting in favor: Hurst, Madigan, Scoggins, Hargis
Voting against: None
Absent: Rebholz
DISCUSSION
David Jessup, Public Works Director, outlined Council Letter No. 05-45. Washington County would provide signal cabinets and controllers for signals on Weir Drive and Radio Drive. This is an interagency agreement and staff is recommending approval.
Michael Gehlen, 8965 Hunters Trail/1424 Weir Drive, stated that he thought this was a consent from the prior meeting regarding the discussion of Weir Drive. He said he doesn't have a problem with this item. He said he didn't hear anyone talk about Weir Drive being closed during construction. He would like the City to consider doing this a different way.
Mr. Jessup said a certain portion of Weir Drive would be closed entirely to traffic when utilities are being extended into that area and when the roadway is being built. The balance of the project would be done under local traffic only, not for through traffic. Staff has discussed access during construction with the school district. He thought that the total closure would be about 45 days. Mr. Gehlen will contact staff further regarding the construction staging.
Member Hurst introduced the following resolution and moved its adoption: RESOL. NO. 05-30
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, APPROVING COOPERATIVE AGREEMENTS WITH WASHINGTON COUNTY FOR THE PURCHASE OF THREE TRAFFIC SIGNAL CABINETS AND CONTROLLERS FOR THE RADIO DRIVE IMPROVEMENTS FOR WOODBURY LAKES S.A.P. 192-117-006 AND S.A.P. 82-613-23 AND WEIR DRIVE FROM VALLEY CREEK ROAD TO TAMARACK ROAD WATER, SEWER AND STREET IMPROVEMENTS S.A.P. 192-101-09 AND S.A.P. 82-616-17
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:
Amy Scoggins - aye
Cheryl Hurst - aye
Paul Rebholz - absent
Michael Madigan - aye
William Hargis - aye
ADMINISTRATOR'S REPORT
Member Hurst noted that the community survey will be scheduled for February and they will be calling about 400 residents, and will take about 30-45 minutes to complete. Mr. Gridley said results should be ready by the end of March.
Neighborhood Meetings
1. Hampden Woods, January 27, 6:30 p.m., Council Conference Room
Planning Commission Scheduled for February 7, 2005
(Tentative - subject to change)
1. Pine Ridge Addition, Planned Unit Development, Preliminary Plat, Case Nos. 04-81 and 04-82
Public Hearings Scheduled for February 9, 2005 Council Meeting
1. None Scheduled
Other Meetings
1. Park and Recreation Commission, February 1, 7:30 p.m., Council Chambers
OTHER ITEMS
Mayor Hargis adjourned the Council meeting at 9:54 p.m.
Detailed information on agenda items is available on the January 26, 2005, City Council Agenda.