Pursuant to due call and notice thereof, a regular meeting was duly held at the Woodbury City Hall, 8301 Valley Creek Road, on the 9th day of March, 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.
ROLL CALL
Upon roll call the following were present: William Hargis, Michael Madigan, Paul Rebholz, Cheryl Hurst, and Amy Scoggins. 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.
ADJOURN TO EXECUTIVE SESSION
Mayor Hargis stated that pursuant to the provisions of Minnesota Statutes Section 13D, and based upon the advice of the City Attorney, he recommends that the City Council adjourn to a closed session to review matters of litigation commenced by Tamarack Village Shopping Center, Limited Partnership against the City regarding the Woodbury Lakes project. Immediately following the closed session, the City Council shall reconvene and for the benefit of the public the session will be summarized.
Moved by Member Rebholz, seconded by Member Madigan, to hold a closed meeting for the purposes previously stated.
Voting in Favor: Hurst, Madigan, Rebholz, Scoggins, Hargis
Voting Against: None
Absent: None
REPORT ON EXECUTIVE SESSION
George Hoff, Attorney from the League of Minnesota Insurance Trust, stated that there is a settlement agreement regarding the Woodbury Lakes lawsuit between Tamarack Village Shopping Center Limited Partnership and the City of Woodbury and Woodbury Lakes, LLC. This agreement was reached on March 2, 2005 at a mediated settlement conference. The lawsuit calls for a dismissal with prejudice of both lawsuits against the City of Woodbury. The City will continue with its traffic studies and improvements in the I-94/Radio Drive area. There will be a contribution of $150,000 by Opus to the City to further those efforts.
Moved by Member Madigan, seconded by Member Rebholz, to approve the Settlement Agreement between Tamarack Village Shopping Center Limited Partnership, City of Woodbury and Woodbury Lakes, LLC. dated March 2, 2005.
Voting in Favor: Hurst, Madigan, Rebholz, Scoggins, Hargis
Voting Against: None
Absent: None
Mayor Hargis read the press release.
Mayor Hargis said that Washington County Commissioners approved a concept tax abatement district for this entity to help fund the fourth leg or frontage road.
Mr. Jessup said the City is in the process of hiring a transportation consultant to conduct the traffic studies and develop the plans and get design approvals from environmental agencies for the frontage road. Opus will be paying $150,000 into a special fund to offset some of these expenses. The City has asked representatives in Washington to kick in $500,000 toward the studies, as the road is in an interstate corridor. Mayor Hargis and Clinton Gridley will be going to Washington to meet with the delegation.
SPECIAL ORDER OF BUSINESS
No items scheduled.
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 8A through 8L, with the exception of Item 8D, which was pulled and added to the Discussion agenda.
Item A To approve the Final Site and Building Plans for North American Banking Company, Case No. 05-05, subject to the following conditions:
Planning Division Conditions:
1. All conditions of the Woodbury Lakes PUD, Case No. 04-08, shall remain in full force and effect.
2. Rooftop and ground mounted mechanical equipment and trash enclosures shall provide screening made of similar materials and design used on the building.
3. Final landscaping plans shall be reviewed and approved by the Planning and Engineering Divisions prior to the issuance of the building permit.
4. A landscaping financial guarantee shall be submitted equal to at least 150% of the estimated cost of materials and good for two full growing seasons, shall be provided by a separate lending institution prior to issuance of a building permit.
5. Attached lighting, other than decorative wash lighting, shall be shoebox style, downward directed, sodium vapor with flush lens. Lighting underneath entries or canopies shall have a flush lens.
Engineering Division Conditions:
1. It shall be a condition of Final Site and Building Plan approval for the North American Banking Company (Pad 6) that all original Engineering Division Preliminary and Final Plat "conditions of approval" for the Woodbury Lakes PUD shall remain in full force and effect. Preliminary Plat conditions are dated (revised) June 17, 2005 and Final Plat conditions are dated July 7, 2004.
2. It is unclear from the site plan if sanitary sewer, watermain and storm sewer facilities, and street/road accesses are being provided to the proposed North American Banking Company site. At a minimum, utility and street plans must be provided to the City's Engineering Division prior to issuance of a grading permit. Utility and street phasing plans must identify how the North American Banking Company site will be provided with the necessary facilities to accommodate construction of the proposed bank.
3. Grading, drainage and erosion control "Phasing Plans" will need to be submitted for review and approval, prior to the /City issuing a grading permit for the North American Banking Company site. All site activities shall adhere to the City's "Land Disturbance Ordinance", MPCA and local watershed district requirements.
4. All storm sewer, sanitary sewer and watermain systems and components, including infiltration basins, pipes, valves, outlet structures, manholes structures, clean-outs, catch basins and other related facilities, including the 48" storm sewer pipe from I-94, within the Woodbury Lakes project, shall be privately installed, owned, operated, maintained, repaired or replaced by the Developer or business owners associated of the Woodbury Lakes project. In the event that part(s) of the utility system for the Woodbury Lakes project are designated as public facilities, then the design of those public facilities shall meet City design standards.
5. The Developer shall be responsible for protecting the proposed on-site storm sewer infiltration basins and components, adjacent wetland, DNR Channel 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 any and all temporary storm water facilities shall be the responsibility of the Developer.
6. It will be the Developer's, property owners' or the associations' responsibility to submit an operation and maintenance plan for the long term care of all on-site storm sewer, sanitary sewer, watermain and roadway systems and components to the City for review and approval. The Developers, property owners or the associations will be responsible to carry out these operation and maintenance activities and to submit the appropriate documentation to the City as specified.
7. The operations and maintenance plan for the on-site storm sewer system and components shall follow the National Pollutant Discharge Elimination System (NPDES) and the City's Land Disturbance Ordinance requirements.
Item B To adopt the following resolution: RESOL. NO. 05-50
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, AUTHORIZING THE PREPARATION OF THE PRELIMINARY REPORT FOR THE FAIRWAY BLUFF HEIGHTS ADDITION WATER, SEWER AND STREET IMPROVEMENTS
Item C To adopt the following resolution: RESOL. NO. 05-51
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, APPROVING THE PLANS AND SPECIFICATIONS, ESTABLISHING AN APRIL 28, 2005 BID DATE AND APPROVING CONSTRUCTION SERVICE CONTRACT WITH SRF CONSULTING GROUP, INC. FOR THE WEIR DRIVE FROM VALLEY CREEK ROAD TO TAMARACK ROAD WATER, SEWER, AND STREET IMPROVEMENTS
Item D Pulled.
Item E To approve the renewal of liquor licenses of the businesses as noted on the attachment to the Council Letter dated March 9, 2005. Eagle Valley Golf Course's license should be contingent upon proof of liquor liability and workers compensation insurance. Sam's Club's license should be contingent upon proof of liquor liability insurance. Awada's license should be contingent upon proof of payment of an overdue utility bill.
Item F To approve the renewal of tobacco licenses of the businesses as noted on the attachment to the Council Letter dated March 9, 2005 for the period of April 1, 2005 through March 31, 2006.
Item G To adopt the following resolution: RESOL. NO. 05-52
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, APPROVING THE CHARITABLE GAMBLING PERMIT FOR THE CHILDREN'S SAFETY CENTERS AT O'MALLEY'S PUB, LLC, 1775 RADIO DRIVE, WOODBURY, MINNESOTA
Item H To adopt the following resolution: RESOL. NO. 05-53
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, APPOINTING ROBERT BENSON AS ASSISTANT UTILITY SUPERVISOR EFFECTIVE MARCH 10, 2005
Item I To adopt the following resolution: RESOL. NO. 05-54
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, APPOINTING YVETTE TILLERY AS POLICE OFFICER EFFECTIVE MARCH 10, 2005
Item J To adopt the following resolution: RESOL. NO. 05-55
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, APPOINTING WENDY SIMONE AS INVESTIGATIVE AIDE EFFECTIVE MARCH 10, 2005
Item K To approve Policy CC-CC-01 establishing the procedure for public hearings.
Item L To approve the Abstract of Bills for February 25, 2005 in the amount of $386,654.99 and the Abstract of Bills for March 4, 2005 in the amount of $481,100.72. Any purchase contracts requiring the signature of the Mayor and City Administrator are hereby approved.
Voting via voice:
Cheryl Hurst - aye
Paul Rebholz - aye
Michael Madigan - aye
Amy Scoggins - aye
William Hargis - aye
PUBLIC HEARINGS
Michele Jurjans, Public Safety Department, outlined Council Letter No. 05-106. This license is for their new location at 10150 Hudson Road, Suite 165. Background checks were conducted on Carin Stutz and Rebecca Tilden, corporate officers. She conducted nine other cities that have Applebee's restaurants and found that St. Louis Park, Apple Valley, and Brooklyn Park have had no compliance check failures. Maplewood, Burnsville, Plymouth and Eagan had one compliance check failure with a $500 fine. Minnetonka has had three compliance check failures, with a $5,000 fine and a one day suspension, $1,000 fine and a three day suspension, and $2,000 and a ten day suspension. Maple Grove had three compliance check failures, resulting in a $500 fine, $1,500 fine and a seven day suspension, $2,000 and a twenty day suspension and a $2,500 mandatory donation to a charity and six months of community service. The Woodbury location has failed one compliance check in 1998 with their license suspended for one day.
Ms. Jurjans met with the new manager and emphasized the responsible service of alcohol and providing him with a copy of the City's ordinance and alcohol violation policy. The issuance of this license is contingent upon the submission of the license fee.
Ms. Jurjans indicated that the projected opening date is mid to late April and is recommending approval of this license.
Moved by Member Rebholz, seconded by Member Hurst, to close the public hearing.
Voting in favor: Hurst, Madigan, Rebholz, Scoggins, Hargis
Voting against: None
Absent: None
Moved by Member Madigan, seconded by Member Scoggins, to approve the Apple American Limited Partnership of Minnesota dba Applebee's Neighborhood Grill & Bar, On Sale Intoxicating Liquor License Including Sunday Sales, contingent upon the payment of the license fee.
Voting in favor: Hurst, Madigan, Rebholz, Scoggins, Hargis
Voting against: None
Absent: None
DISCUSSION
Dwight Picha, Community Development Director, outlined Council Letter No. 05-107. A retail study was conducted about two years and it was determined that the City did not have enough land zoned for retail uses. There is also an interest from developers to have parcels rezoned to a retail category. The City Council felt there should be a comprehensive review of all commercial sites. Staff is recommending that a task force be formed to make recommendations regarding this study. One of the items to be discussed is the mixed use issue, as well as what impact this will have on future property tax receipts.
Mr. Picha referred to the timeline for this process and said research and studies will be conducted this summer. There will be at least three community meetings. The study should be completed in the fall of 2006.
Mr. Picha said the task force will consist of 13 members with Paul Rebholz as the liaison for the City Council. There will be two members from the Economic Development Commission, the Planning Commission, the Parks Commission, one member from the Economic Development Authority, two members from the Chamber of Commerce, and three at large residents.
Member Madigan said the City has a goal of adding 300,000 square feet of commercial space per year. He asked if that number will be looked at. Mr. Picha replied that the retail study defined a starting point to look at and it is close to that growth rate.
Moved by Member Rebholz, seconded by Member Scoggins, to approve the appointment of a citizen task force to assist with the updating of the Comprehensive Plan and approve the Plan of Action. The task force will consist of members of the Planning Commission, Economic Development Commission, Economic Development Authority, Park and Recreation Commission, Woodbury Chamber of Commerce and several residents at large. The Council liaison to the task force will be Paul Rebholz.
Voting in Favor: Hurst, Madigan, Rebholz, Scoggins, Hargis
Voting Against: None
Absent: None
Member Rebholz stated that he has recently met Andy Chase in his professional career, although he is not involved with any of Mr. Chase's business in the City of Woodbury. He said he wants to recuse himself from any dialogue regarding Homes by Chase.
David Jessup, Public Works Director, outlined Council Letter No. 05-98. This property is located about ½ south of Valley Creek Road on the east side of Cottage Grove Drive. The preliminary plat has previously been approved. The applicant has now requested a preliminary report be prepared for the water, sewer and street improvements for this development.
Member Hurst introduced the following resolution and moved its adoption: RESOL. NO. 05-56
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, AUTHORIZING THE PREPARATION OF THE PRELIMINARY REPORT FOR THE PINE RIDGE 1ST AND 2ND ADDITIONS WATER, SEWER AND STREET IMPROVEMENTS
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 - abstained
Michael Madigan - aye
Amy Scoggins - aye
Cheryl Hurst - aye
William Hargis - aye
ADMINISTRATOR'S REPORT
Mr. Gridley noted that School District 833 waived the $900 temporary easement fee, which was done out of appreciation and the cooperative relationship they have with the City.
Mr. Gridley said there will be a ribbon cutting ceremony at the Public Works Building tomorrow. The City's new hybrid vehicle will also be there.
Neighborhood Meetings
1. Weir Drive, March 14, 7:00 p.m., Meeting Room B
2. Leyland Trail Traffic Calming, March 21, 7:00 p.m., Eagle Valley Golf Course
Planning Commission Scheduled for March 21, 2005
(Tentative - subject to change)
1. Gander Mountain, Planned Unit Development, Preliminary Plat, Site Plan, Case Nos. 05-13, 05-14, 05-16, 05-17 and 05-18
Public Hearings Scheduled for March 30, 2005 Council Meeting
1. Park of Oak View Drive Right-of-Way, Oak View Second Addition, Vacation Hearing
2. Assessment Hearings:
3. Fairway Bluff Heights, Preliminary Plat, Case No. 05-06
4. Eagle Ridge, Planned Unit Development, Conditional Use Permit, Preliminary Plat, Case Nos. 04-62, 04-63, 04-64
5. Gander Mountain, Planned Unit Development, Preliminary Plat, Site Plan, Case Nos. 05-13, 05-14, 05-16, 05-17 and 05-18
Council Workshop Agenda for March 31, 2005
1. Review Results of Community Survey
2. Strategic Work Plan
Other Meetings
1. Economic Development Authority, March 10, 7:30 a.m., Meeting Room A
2. Public Works Building Dedication and Ribbon Cutting Ceremony, March 10, 5:00 p.m., Public Works Building
OTHER ITEMS
Mark Vierling, City Attorney, said that pursuant to the provisions of Minnesota Statutes Section 13D, the City Council is requested to go into executive session with the City Administrator to review items regarding labor negotiations. The meeting will be attended by members of the City Council and following the closed session at the next regular City Council meeting, a summary report will be provided with regard to anything that transcribes during the course of the closed session.
Moved by Member Madigan, seconded by Member Rebholz, to hold a closed meeting for the purposes previously stated.
Voting in Favor: Hurst, Madigan, Rebholz, Scoggins, Hargis
Voting Against: None
Absent: None
Mayor Hargis noted that the next City Council meeting will be on March 30, 2005.
Mayor Hargis adjourned the Council meeting at 8:15 p.m.
Detailed information on agenda items is available on the March 9, 2005, City Council Agenda.