City Council Minutes

Wednesday, April 13, 2005

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 April, 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.

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 6A through 6N.

Item A To approve the minutes of the March 30, 2005 City Council meeting.

Item B To adopt the following resolution: RESOL. NO. 05-90

RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING PRIVATE CONTRACTING FOR THE 2005B BAILEYS ARBOR 1ST ADDITION, PHASE I PERMANENT STREET IMPROVEMENTS

Item C To adopt the following resolution: RESOL. NO. 05-91

RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING PRIVATE CONTRACTING FOR THE 2005C WYNDHAM PONDS 1ST ADDITION PHASE I PERMANENT STREET IMPROVEMENTS

Item D To adopt the following resolution: RESOL. NO. 05-92

RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING PRIVATE CONTRACTING FOR THE 2005D FAIRWAY MEADOWS 1ST ADDITION, PHASE I PERMANENT STREET IMPROVEMENTS

Item E To adopt the following resolution: RESOL. NO. 05-93

RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, AWARDING THE CONTRACT FOR THE TROJE ADDITION STREET AND STORM SEWER IMPROVEMENTS TO DANNER, INC. WITH A NET BID OF $77,034.00 AND AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR TO SIGN SAID CONTRACT CONDITIONAL TO THE COMPLETION OF DEVELOPER ACTIVITIES

Item F To adopt the following resolution: RESOL. NO. 05-94

RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, AUTHORIZING THE PREPARATION OF THE PRELIMINARY REPORTS FOR THE OAKVIEW 4TH AND HIGHLAND KNOLL ADDITIONS ON AND OFF SITE UTILITY AND STREET IMPROVEMENTS

Item G To adopt the following resolution: RESOL. NO. 05-95

RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, AWARDING THE CONTRACT FOR THE LAKE ROAD UTILITY AND STREET IMPROVEMENTS WITHIN STONEMILL FARMS 3RD ADDITION AND FROM COTTAGE GROVE DRIVE TO ¼ MILE WEST, STATE AID PROJECT #192-107-14 TO NODLAND CONSTRUCTION WITH A NET BID OF $860,413.13 PLUS ALTERNATE BID 1A OF $15,000 AND AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR TO SIGN SAID CONTRACT

Item H To adopt a motion approving Change Order No. 1 for the Well No. 16 Phase I improvements for E.H. Renner & Sons, Inc. in the amount of $1,065.87.

Item I To adopt a motion approving Change Order No. 1 for the Hudson Road from Woodbury Drive to Lake View Drive and Markgrafs Lake Drive water, sewer and street improvements for Tower Asphalt in the amount of $49,143.74.

Item J To adopt the following resolution: RESOL. NO. 05-96

RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, AUTHORIZING THE ACCEPTANCE OF GIFT OF $500 FROM THE WOODBURY LION'S CLUB TO THE CITY OF WOODBURY

Item K To adopt the following resolution: RESOL. NO. 05-97

RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, APPOINTING TIMOTHY THURMES AS ASSISTANT STREETS SUPERVISOR EFFECTIVE APRIL 14, 2005

Item L To adopt the following resolution: RESOL. NO. 05-98

RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, APPOINTING MICHAEL PETERFESO AS PSW-STREETS EFFECTIVE APRIL 14, 2005

Item M To adopt the following resolution: RESOL. NO. 05-99

RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, AUTHORIZING THE ACCEPTANCE OF GIFT OF FOUR FRAMED PHOTOS OF THE WOODBURY LAKES GROUNDBREAKING FROM THE OPUS GROUP TO THE CITY OF WOODBURY

Item N To approve the Abstract of Bills for March 31, 2005 in the amount of $306,338.61 and the Abstract of Bills for April 8, 2005 in the amount of $536,841.44. 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

  1. Items Associated with Gander Mountain
    1. Hearing: Planned Unit Development/Conditional Use Permit/Preliminary Plat/Final Site and Building Plan/Final Plat, Case Nos. 05-13/05-14/05-15/05-16/05-17
    2. Dwight Picha, Community Development Director, outlined Council Letter No. 05-150. The site is located on the north side of Hudson Road, directly east of the Wal-Mart development. There is a DNR wetland to the east of this site. The property is zoned B-2 Retail and as Places to Shop. The access points are from Hudson Road directly across from Lake View Drive and about 660 feet east. There are two existing wetlands on the site, which will be undisturbed. They are proposing three retail lots adjacent to Hudson Road, serviced by an interior private drive and connect between their access points.

      Mr. Picha stated that there is an exception parcel in the northwest corner of the site owned by a separate party, and there are conditions of approval regarding access to that lot. This development is also within a shoreline district and there are specific requirements for this area. They can only have 50% impervious surface on this site, with the condition that they will infiltrate the storm water into the ground, consistent with a typical coverage of 30%. There are about 338 parking spaces. A condition was added that there be a driveway connecting between the Gander lot and the Wal-Mart development.

      Mr. Picha said that staff is requiring that Hudson Road be upgraded as part of this development, from about 800 to 900 feet from the Wal-Mart site to the east.

      Amy Schmidt of the Planning Commission addressed the Council. She said there were no appearances from the public regarding this project. The Commission discussed the private easement and the impact of the project on the adjacent wetlands. Commissioner Levitt had a concern about the fence in the garden area and suggested a higher quality product be used other than coated chain linked because of its visibility from the freeway. The Commission unanimously approved this project.

      Mr. Picha noted there was a neighborhood meeting held a couple of months ago and there were two neighbors who attended.

      Moved by Member Madigan, seconded by Member Rebholz, to close the public hearing.

      Voting in favor: Hurst, Madigan, Rebholz, Scoggins, Hargis
      Voting against: None
      Absent: None

      Member Madigan asked if the infiltration basins were going to be lined or true basins that could go dry. Mr. Picha replied they are true infiltration basins. The Valley Branch Watershed District has approved this project. There will be plantings around the edges of the basins.

      Member Madigan asked if there was a way to get around the City's signage ordinance regarding the billboards. Mr. Picha replied that one billboard will be removed and the other one is located on the exception parcel owned by a separate party.

      Member Rebholz asked about the width of the access road into Gander Mountain compared to other access roads. Mr. Jessup replied that the main access road would be four lanes until just north of the private east/west road that passes through the three exception parcels. It would then be a two lane roadway to Gander Mountain.

      A representative of Oppidan, Inc. said the two lane road is 24 feet wide, the one way roadway around the pond will be used for trucks getting to the loading dock. Mr. Jessup said this is a standard width for a road with curb and gutter.

      Member Rebholz asked about the private access north of the retail pads. Mr. Jessup said this will also be 24 feet wide. Access to the Wal-Mart site for deliveries is at the easterly edge and is separate.

      Mayor Hargis asked if the connecting easement road between Gander Mountain and Wal-Mart is memorialized in the conditions. Mr. Picha replied that it is Condition No. 15.

      Moved by Member Hurst, seconded by Member Scoggins, to approve the Gander Mountain Planned Unit Development/Conditional Use Permit/Preliminary Plat/Final Site and Building Plan/Final Plat, Case Nos. 05-13/05-14/05-15/05-16/05-17, subject to the following conditions:

      Planning Division Conditions:

      1. Final Site and Building Plan review will be required for retail lots along Hudson Road. Lots may be combined as market changes demand.

      2. Uses permitted in this PUD are those listed as permitted and as Conditional Use Permits in the B-2 zoning district, except no fast food restaurants, as defined in the zoning ordinance, will be allowed. A fast food facility may be a co-brand tenant within the Gander Mountain building.

      3. For those lots that abut Hudson Road, setback reductions for parking lots, driveways or building locations in this PUD shall conform to the B-2 zoning district requirements. Any deviations to those setbacks in this PUD shall be considered on a case-by-case basis at the time of Final Site and Building Plan review for any proposed building.

      4. This PUD allows up to 50% impervious, provided sufficient stormwater infiltration capacity is provided such that the runoff from the site would be equal to that which would occur if the site were 30% impervious.

      5. The billboard located on the Gander Mountain site shall be removed prior to the issuance of a building permit.

      6. Prior to the issuance of a building permit, a revised landscape plan shall be approved by staff showing additional landscaping in each of the curb island to match the landscaping requirements listed in the zoning code.

      7. Prior to the issuance of a building permit, a landscaping financial guarantee shall be submitted for at least 150% of the estimated cost of landscaping including sod.

      8. Any trash enclosures shall utilize wooden or concrete product gates and be constructed on three sides using the same materials and patterns used on the building.

      9. Any pitched roofs on buildings in the PUD shall use standing seam metal.

      10. Buildings in the PUD shall use at least one or more building materials that match the primary building materials used on the Gander Mountain building.

      11. Sign criteria shall be governed by the Sign Ordinance except as follows: An overall PUD comprehensive sign plan that includes a multi-tenant freeway sign. The comprehensive sign plan shall also include uniform materials that match building materials for the PUD and overall design for monument signs for lots adjacent to Hudson Road. The square relief medallions used on the building columns shall not be included in sign calculations.

      12. Parking lot lighting shall have a maximum height not to exceed thirty feet in height, and be a shoebox style, sodium vapor, downward directed with flush lens. Other than wash or architectural lighting, attached lighting shall be shoebox style, sodium vapor, downward directed with flush lens.

      13. Any entry lighting under canopies shall be recessed and use a flush lens.

      14. All HVAC and other rooftop mechanical equipment shall be screened with materials that match materials and color used on the building.

      15. Odor suppression equipment shall be required for all food preparation areas except in the Gander Mountain building.

      16. All disturbed areas of the site, including right-of-way along Hudson Road, shall be sodded and maintained.

      17. Prior to the issuance of a building permit the City Attorney shall review proof of cross parking and driveway easements for Lots 1-3, Block 1. The owner and/or the developer of Lot 5, Block 1 shall provide access and cross-easements from the south side of the property located adjacent to the northwest corner of the PUD site through Lot 5, Block 1 and Outlot A out to Hudson Road. That cross easement agreement shall also be reviewed and approved by the City Attorney prior to issuance of a building permit.

      18. The owner and/or developer of Lot 5, Block 1 shall provide utilities to the common property line of the property located adjacent to the northwest corner of the PUD site through Lot 5, Block 1 and Outlot A out to Hudson Road.

      19. Park dedication shall be satisfied in cash, and shall be paid in full before the Final Plat is released for recording, based on the rates in effect at that time.

      20. Exterior display and storage shall be limited to the interior of the outdoor enclosure on the north end of the building.

      21. A Developer's Agreement shall be prepared and executed prior to the release of the Final Plat for recording.

      22. This approval shall expire one year from the date of City Council approval unless a building permit has been requested or a time extension has been granted.

      Engineering Division Conditions:

      1. The Developer of the Gander Mountain site shall be financially responsible for all watermain, sanitary sewer and storm sewer area and connection charges applicable to the property. Area charges will be memorialized in the Developer's Agreement prepared for the project and collected at the time of final platting. Connection charges will be calculated and collected with the issuance of building permits.

      2. The Developer of the Gander Mountain site shall be financially responsible for a traffic signal special assessment. This special assessment is estimated at $0.04 per net developable square foot of the total site area. Actual special assessment amount will be based on final site plan.

      3. The Developer shall be entirely responsible for all costs associated with the construction of the Hudson Road street and utility improvements adjacent to the project with the exception of any trunk sanitary sewer and watermain which will be paid for by the City. The estimated costs are based on the preliminary report for the Hudson Road project and is subject to further refinement based upon actual project costs (construction plus overhead costs). The Developer will be required to concur with the preliminary report for the project prior to City Council approval. Financial participation will be memorialized in the Developer's Agreement prepared for the project.

      4. The Developer or future owners shall be financially responsible for cost participation in a potential future traffic signal at Hudson Road and Lake View Drive if warranted. The Developer's Agreement for the project shall specifically define future cost participation, should the traffic signal need to be installed. Cost participation for the development will be 1/3 the total cost of the traffic signal which is currently estimated at $100,000.00 ($300,000.00 total project cost).

      5. The Developer of the Gander Mountain site shall be financially responsible for any and all costs incurred by the City or its consultants for the review and/or studies of all on and off site street, utility, grading and erosion control improvements necessary for the site.

      6. The preliminary plat for the Gander Mountain site shows an existing 16.5-foot ingress and egress easement along the west property line. This is a private access easement that serves the exception parcel northwest of the proposed site. The preliminary grading and landscape plans do not respect the existing easement and make it difficult to navigate from a grade and landscape perspective. The preliminary plan must be revised to provide for unobstructed travel along the entire ingress and egress easement. This condition may be waived upon execution of a revised unobstructed access easement between the Developer and owner of the exception parcel.

      7. An additional 17-feet of road right-of-way will be required along the north side of Hudson Road, for the entire frontage of the site. The additional road right-of-way must be dedicated fee title to the City, without restrictions, at no cost.

      8. All existing and new right-of-way, drainage and utility easements, outlots or other encumbrances must be shown on the final plat and dedicated to the City at no cost.

      9. The standard 10-foot perimeter drainage and utility easements around the proposed lots for the Gander Mountain site must be shown on the final plat.

      10. The vacation of any and all existing drainage and utility easements, rights-of-way or outlots necessary to accommodate development of the proposed development shall be completed concurrently with or prior to recording of the final plat.

      11. To guarantee the perpetuity of the storm water ponding areas on the site, outlots must be placed over those areas. The outlots must encompass an area one-foot above the high water elevation (HWL). In addition to platting the outlots, drainage and utility easement must be placed over the outlots that accommodate storm water ponding or infiltration.

      12. The City's consultant is currently designing Hudson Road to meet MSAS road standards. Any modifications to the development's grading, drainage, erosion control, utility, signage, landscaping or lighting plans, as a result of the Hudson Road street and utility improvements shall be the responsibility of the Developer.

      13. To better define access and future traffic movements to the exception parcel located northwest of the Gander Mountain site, a cross easement shall be designated over at least one of the proposed drive lanes through the Gander Mountain parking lot a minimum width of a two way driving lane.

      14. The Developer shall be required to enter into a cross-access agreement with the owner of the exception parcel, if future development warrants such a configuration.

      15. The Developer of the Gander Mountain site should provide a cross drive lane connection between their site and the adjacent Wal-Mart site. The cross drive lane connection should extend west from Gander Mountain's westerly parking lot to the north side of the adjacent Wal-Mart site. The City is currently working with Wal-Mart for permission to make this connection. If in the event Wal-Mart grants permission, the Developer shall construct this access at their cost. If constructed, a stop sign and no left turn sign shall be provided at the entrance into the Wal-Mart parking lot.

      16. The north bound two lanes entering the site at the easterly access must continue north beyond the future access drive into the proposed three lots along Hudson Road. The extension of the two lanes provides a bypass around vehicles making left turns into the three lots.

      17. Access to the site during construction activities must be from the easterly entrance off of Hudson Road. In the event that Hudson Road is under construction, access to the site shall be coordinated with the City's contractor.

      18. The City's Public Safety Department will review and approve all proposed fire hydrant locations and emergency vehicle access routes prior to issuance of any building permits.

      19. The Developer shall be responsible for the installation of streetlights at all access locations that intersect with Hudson Road. The location and style of streetlights must be consistent with City requirements.

      20. All development street signage and stripping must be consistent with the Minnesota Manual of Uniform Traffic Control Devices (MMUTCD).

      21. The plans for the development shall include all applicable City infrastructure standard detail plates.

      22. The City and its consultant are currently reviewing the design of the storm sewer, sanitary sewer, watermain and grading plans dated 02-22-05. Any changes or modifications requested by the City or its consultant shall be made by the Developer, at their expense. Revised plans addressing review comments must be provided to the City for review and approval prior to commencing of any grading, drainage, utility, roadway or building improvements.

      23. Detailed information shall be provided for the existing and proposed storm sewer, sanitary sewer and watermain systems on all appropriate plan sheets. Information provided shall include but not limited to the following: structure rim and invert elevations, pipe gradients, pipe sizes, materials, sump locations, hydrant locations, valve locations and any other site specific information.

      24. Sanitary sewer, watermain and storm sewer stubs must be provided out to property line of the exception parcel located northwest of the site. Invert elevations, pipe sizes and pipe materials, for the utility stubs, must be designed to accommodate future development of the exception parcel. The Developer shall be required to enter into an owner and maintenance agreement with the exception parcel in the event the utility connections are made.

      25. It appears the proposed watermain designed for the development will be extended westerly and connects with the existing private watermain located on the adjacent Wal-Mart site. Since the Wal-Mart site watermain is private, the Developer shall be responsible for contacting the adjacent property owner to obtain permission and/or easements necessary to facilitate the watermain connection. Any necessary easements necessary for this connection on the Wal-Mart site shall be recorded.

      26. The proposed watermain along the east property line of the Gander Mountain site should be designed with adequate access for future maintenance.

      27. The proposed watermain that extends around the west, south and east sides of the Gander Mountain building should be continued around the north side and be looped back to the front of the building as needed for fire protection.

      28. Sumps must be constructed in the last accessible storm sewer structures within paved areas that discharge directly into or that are immediately adjacent to storm water ponds, infiltration basins or wetlands. Sump structures will be designed in accordance with the City's standard details.

      29. To accommodate storm water runoff along Hudson Road, a storm sewer stub must be provided from CBMH - 14 south to Hudson Road. The Developer's engineer needs to coordinate with the City's consultant to determine the appropriate invert elevation and pipe size. It is recommended that the storm sewer be located within the east access drive to preserve the entire outlot for future development.

      30. All emergency overflow (EOF) elevations, locations and flow paths shall be better defined on the grading plan. EOFs information must be shown for all low point inlets, storm water ponds, infiltration basins, wetlands, and swales. All emergency overflows must be a minimum of 1.5 feet lower than the lowest ground elevation adjacent to any building located in the vicinity.

      31. The Developer shall be responsible for protecting the proposed on-site storm sewer infiltration basins and components, adjacent wetlands and other storm sewer facilities from exposure to storm water runoff, sediments and debris during construction activities. Temporary storm water facilities may be necessary to protect the proposed and existing storm water facilities during all construction activities. Construction and maintenance of any temporary storm water facilities shall be the responsibility of the Developer.

      32. The preliminary plans for the development indicate grading on the adjacent Minnesota Department of Transportation (MnDOT) property to the north and east as well as on the exception parcel to the northwest. The Developer will be responsible for obtaining any necessary easements or agreements to perform work on adjacent private property, prior to commencing any site activities. A copy of all agreements secured by the Developer must be provided to the City, prior to issuance of any land disturbance or construction permits.

      33. The Developer shall be responsible for grading the future three lots along Hudson Road to match the ultimate boulevard grades established for Hudson Road.

      34. Grading, drainage and erosion control "Phasing Plans" must be submitted for review and approval prior to the City issuing a grading permit. All site activities shall adhere to the City's "Land Disturbance Ordinance", NPDES permit requirements and Valley Branch Watershed District permit requirements.

      35. Several retaining walls are proposed around the Gander Mountain site to accommodate drive lanes and storm water features. All retaining walls 48-inches or greater in height must have a safety barrier installed along the top edge. Also, all retaining walls 48-inches or greater in height must have structural design plans submitted to the City.

      36. All landscaping features placed along Hudson Road must be located outside of the road right-of-way.

      37. The Developer shall be responsible for obtaining any and all necessary reviews, approvals and permits from other governmental agencies, prior to commencing of any site activities. Changes to the plans, as a result of reviews, recommendations or approvals from other agencies, shall be reviewed and approved by City staff prior to implementing any changes. Copies of agency submittals shall be provided to the City as well as copies of all approvals or permits.

      38. The Developer shall be responsible for capping or abandoning all existing private wells and sanitary sewer septic systems, per state or local requirements, that are located on the site. All appropriate documentation regarding the abandonment of existing private wells and septic systems must be submitted to the appropriate agency and copied to the City.

      39. The Developer or business owners shall be responsible for the cost, construction, installation, maintenance, inspection, repair, replacement or restoration of all private interior streets, utilities, parking lots, streetlights, pavement markings, traffic control devices, pedestrian signage, retaining walls, ponds, infiltration basins, landscaping and any other private features associated with the development.

      40. A "Snow Removal Plan" must be submitted to the City for review and approval. This plan shall ensure that all snow is removed from curb to curb, as a minimum, after each snow fall event of two inches or more. Placement of any snow removed from the development shall not be allowed in adjacent wetlands, storm water features or public rights-of-way.

      41. It will be the responsibility of the Developer, property owner or the association to submit an operation and maintenance plan (O&M Plan) for the long term care of all on-site storm sewer, sanitary sewer, watermain and roadway system 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.

      42. The operations and maintenance plan for the on-site storm sewer system and components must follow the National Pollutant Discharge Elimination System (NPDES), the City's Land Disturbance Ordinance requirements or other agency requirements.

      Voting in favor: Hurst, Madigan, Rebholz, Scoggins, Hargis
      Voting against: None
      Absent: None

    3. Action Item: Hudson Road from Lake View Drive to ¼ Mile East (Gander Mountain), Street and Utility Improvements, Approve Preliminary Report, Waive Public Improvement Hearing, Order Project, Authorization of Plans and Specifications, Authorize Preparation and Acquisition of Easements
    4. David Jessup, Public Works Director, outlined Council Letter No. 05-151. The area of improvement is from Lake View Drive one-quarter mile southeast of the Gander Mountain site. Hudson Road will be widened to a four lane roadway with turn lanes. A trunk water main will be along the north side and sanitary sewer to serve the site, as well as services to serve the exception parcels. Storm sewer improvements will also be performed. The estimated cost is about $864,000, most of which will be paid for by Gander Mountain. The City will collect $239,000 for storm water, sanitary sewer and water area charges and collecting money for future traffic signals and for lateral benefit charges for the existing trunk sanitary sewer. The City will be funding about $15,000 of the trunk watermain construction. Construction would begin in late July and the roadway opened to traffic by fall. Final paving and cleanup activities would be completed by mid-2006.

      Member Hurst asked if there are any walking paths in this development. Mr. Jessup replied there will be pathway constructed along the south side of Hudson Road and will connect to a pathway near City Walk. Staff is laying out the boulevard on the north side so that a pathway could be installed at a future date.

      Member Hurst asked if there would be a bike path along the curvy road into Gander Mountain. Mr. Jessup replied there are no on-site sidewalks proposed except near the buildings. Member Hurst asked if staff could make this suggestion to the applicant. There is a lot of high density housing in the area and people will be walking or biking to these sites.

      Member Rebholz introduced the following resolution and moved its adoption: RESOL. NO. 05-100

      RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, APPROVING THE PRELIMINARY REPORT, WAIVING THE PUBLIC IMPROVEMENT HEARING, ORDERING THE PROJECT, AUTHORIZING THE PREPARATION OF PLANS AND SPECIFICATIONS, AND AUTHORIZING THE PREPARATION, ACQUISITION, AND IF NECESSARY, CONDEMNATION OF EASEMENTS FOR THE HUDSON ROAD FROM LAKE VIEW DRIVE TO ¼ MILE EAST STREET AND UTILITY 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:

      The developer is acceptable with the assessment agreement.

      Paul Rebholz - aye
      Michael Madigan - aye
      Amy Scoggins - aye
      Cheryl Hurst - aye
      William Hargis - aye

  2. Woodbury Village Amended Planned Unit Development/Amended Conditional Use Permit/Final Site and Building Plan, Case Nos. 04-89/04-90/04-91
  3. Moved by Mayor Hargis, seconded by Member Madigan, to continue the Woodbury Village Amended Planned Unit Development/Amended Conditional Use Permit/Final Site and Building Plan, Case Nos. 04-89/04-90/04-91, to the April 27, 2005 City Council meeting.

    Voting in favor: Hurst, Madigan, Rebholz, Scoggins, Hargis
    Voting against: None
    Absent: None

  4. Public Vacation Hearing, Outlot E, Garden Gate Addition, Drainage and Utility Easements
  5. David Jessup, Public Works Director, outlined Council Letter No. 05-153. These easements were previously dedicated to the City as part of Outlot E. As part of the final platting of Outlot E and the site plan, modifications needs to be done to the drainage and utility easements. The easements would be rededicated to the City as part of the Garden Gate 2nd Addition.

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

    Voting in favor: Hurst, Madigan, Rebholz, Scoggins, Hargis
    Voting against: None
    Absent: None

    Member Scoggins introduced the following resolution and moved its adoption: RESOL. NO. 05-101

    RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, VACATING ALL THE DRAINAGE AND UTILITY EASEMENTS LOCATED WITHIN OUTLOT E, GARDEN GATE ADDITION

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

    Michael Madigan - aye
    Amy Scoggins - aye
    Cheryl Hurst - aye
    Paul Rebholz - aye
    William Hargis - aye

DISCUSSION

  1. Items Associated with Heritage Park, Comprehensive Plan Amendment, Rezoning, Planned Unit Development, Conditional Use Permit, Preliminary Plat and Final Site and Building Plan, Case Nos. 05-11/05-12/04-62/04-63/04-65/04-66
    1. Heritage Park Comprehensive Plan Amendment, Rezoning, Planned Unit Development, Conditional Use Permit, Preliminary Plat and Final Site and Building Plan, Case Nos. 05-11/05-12/04-62/ 04-63/04-65/04-66
    2. Dwight Picha, Community Development Director, outlined Council Letter No. 05-154. This project is located directly east of the Stonemill Farms 1st and 2nd Additions. It will consist of 147 single family lots, 74 back to back townhomes, and 62 row townhomes. After the public hearing at the last City Council meeting, the Council asked that three conditions be added to the approval and they are included. One involved the holding of neighborhood meetings for three consecutive years after the final plat is approved to discuss traffic issues. Another one was additional landscaping be added in the northeast quadrant of the plat. The third condition was to work with the applicant to come up with a traffic plan to discourage construction traffic through the Stonemill Farms development.

      Member Rebholz indicated that he will recuse himself from voting on this issue as he did at the last meeting.

      Member Scoggins stated that she watched the discussion on cable regarding this item.

      Mayor Hargis suggested adding a fourth condition to encourage the developer to add to their marketing materials that there is a potential for a future water tower in this area and for other public improvements.

      Member Madigan suggested adding a condition about disclosing the existing horse ranch in the area.

      Moved by Member Madigan, seconded by Member Scoggins, to approve the Heritage Park Comprehensive Plan Amendment, Rezoning, Planned Unit Development, Conditional Use Permit, Preliminary Plat and Final Site and Building Plan, Case Nos. 05-11/05-12/04-62/04-63/04-65/04-66, subject to the following conditions and additional City Council conditions:

      Planning Division Conditions:

      1. The minimum front yard building setback shall be twenty-five (25) feet.

      2. Final street names shall be reviewed and approved by the Chief Building Official.

      3. A PUD Permit incorporating the conditions of approval shall be drafted by the City Attorney, executed by the developer and be recorded at Washington County.

      4. A revised Phasing Plan consistent with the Growth Management Policy shall be submitted prior to the City Council meeting.

      5. The phasing of the number of units in this PUD shall be consistent with the City's Growth Management Policy.

      6. A revised landscape plan showing additional plantings adjacent to Lake Road shall be submitted for review and approval of the Planning Division.

      Engineering Division Conditions:

      Preliminary Plat

      1. A future well site, 105 feet x 105 feet square, shall be shown off the northwest end of the Street A cul-de-sac on the city open space/park area. The developer shall identify the approximate location of the future well site on the Preliminary Plat.

      2. The developer of the property shall note that a two million-gallon water tower is to be located just east of the proposed development. The developer shall identify the approximate location of the future water tower site on the Preliminary Plat.

      3. Private streets shall be designed with a minimum width of twenty-four (24) feet back of curb to back of curb. Several private streets are shown to a lesser dimension. A cross section the private street shall be shown in the plan detail sheets.

      4. Temporary cul-de-sacs shall be provided at the ends of Street A, Street I and off the northeast section of Street B. Permanent roadway and utility easements shall be required for these areas measuring 100' x 100'. These roadway and utility easements shall be written to expire upon future platting of the adjacent property.

      5. The city's engineering consultant, Bonestroo, Rosene, Anderlik & Associates, is in the process of reviewing the proposed Eagle Ridge stormwater system. Any changes requiring permit review shall be completed by the developer.

      6. As part of the development of the proposed Eagle Ridge Addition, the developer shall be required to pay Major Roadway and Traffic Signal special assessments. These assessments will help fund major roadway and traffic signal construction in the Phase 1 MUSA expansion area including Lake Road adjacent to this development. The estimated major roadway assessment for the Eagle Ridge Addition is $1,230,600 and the estimated traffic signal special assessment is $144,300.

      Utility Plan

      1. The existing storm sewer system on Street I shall be extended to the west property line in order to provide sufficient routing of storm sewer.

      2. A pipe of adequate size shall be installed under the pathway located behind Lots 13 and 14, Block 13 in order to eliminate overflow of the pathway the extent of a 10-year storm event.

      Grading Plan

      1. Emergency Overflows (EOF) elevations shall be 1.5 feet lower than the lowest ground elevation of adjacent homes. It appears that Lots 1, 2, 3 and 4, Block 7 do not currently meet this requirement.

      2. Grades at intersections where a vehicle must stop shall be 1.0% or less for at least 100' from the stop location. It appears that some of the streets may not meet this minimum design requirement. One specific intersection is Street G and Lake Road.

      3. Maintenance access to the storm water pond shall be provided off Street J across the park corridor. Maintenance access shall meet City standards. They must be 15-feet wide with a maximum slope of 10:1, and be clearly shown on all grading plan sheets and identified as "maintenance access".

      Landscaping Plan

      1. The Preliminary Plat landscape plan shows trees outside of the boulevard and within the entrance median at the Lake Road intersection. Boulevard trees shall be placed between the sidewalk and street in new developments within the City. Also trees within medians must be 8' from the curb line and allow sight distance. See relevant City details. A detailed cross section of the median at the entrance from Lake Road shall be included in plan sheets.

      2. Landscaping features along roadways, intersections, storm ponds, outlots and drainage and utility easements shall need to be located per City standards.

      3. Landscaping features at street intersections shall need to meet sight distance requirements.

      Park and Recreation Commission Conditions:

      1. Park dedication shall be satisfied in land by providing fee title with no restrictions for Outlots A, C & D, totaling 10.57 acres.

      2. The developer shall complete and pay the cost of the improvements as outlined in the Preliminary Plat submitted for Outlots A, C & D, including trails, landscaping and restoration, to meet City standards as approved by the Parks and Recreation Director.

      3. The improvements in the land to be dedicated to the City shall be completed to correspond to the development phasing.

      City Council Conditions:

      1. A neighborhood meeting shall be held for three consecutive years to discuss potential traffic issues. The date of the meetings shall be established when the first Final Plat is approved by the City Council.

      2. Additional landscaping shall be added in the northeast corner of the plat. Staff shall review and approve the revised landscape plan.

      3. Staff shall work with the applicant to develop a plan to discourage construction traffic through the Stonemill Farms development.

      And with the addition of Condition Nos. 4 and 5:

      4. The Developer is requested to add to his marketing materials that there is a potential for a future water tower in this area and other public improvements.

      5. The Developer is requested to add to his marketing materials the fact that there is an existing horse ranch abuting this development.

      Voting in Favor: Hurst, Madigan, Scoggins, Hargis
      Voting Against: None
      Absent: None
      Abstained: Rebholz

    3. Heritage Park Addition, Phase I Water, Sewer and Street Improvements, Authorize the Preparation of Plans and Specifications
    4. David Jessup, Public Works Director, outlined Council Letter No. 05-155. The City Council previously authorized the preparation of the preliminary engineering report. The developer has provided the necessary financial security for the preparation of the plans and specifications.

      Member Hurst introduced the following resolution and moved its adoption: RESOL. NO. 05-102

      RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, AUTHORIZING THE PREPARATION OF THE PLANS AND SPECIFICATIONS FOR THE HERITAGE PARK ADDITION, PHASE I WATER, SEWER AND STREET IMPROVEMENTS

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

      Mayor Hargis said it is important to connect Settlers Ridge Parkway and Lake Road.

      Mr. Picha said staff has met with Mr. Wellman from Newland Communities and they will be submitting a fourth and fifth addition preliminary plat within the next month, which will show the connection of Settlers Ridge Parkway to the park by Bailey Arbor.

      Mr. Picha said that Mr. Thone has entered into purchase agreements with the other two parcels in the donut hole area. He is actively marketing the property to a larger developer who could put together a comprehensive plan as the City has requested.

      Amy Scoggins - aye
      Cheryl Hurst - aye
      Paul Rebholz - abstained
      Michael Madigan - aye
      William Hargis - aye

  2. East Water Tower, Construction Contract Award
  3. David Jessup, Public Works Director, outlined Council Letter No. 05-156. The tower will hold 2,000,000 gallons of water and be approximately 130 feet high. This is lower than the Hudson Road water tower or the tower in Watertower Place. It will be located along the future extension of Lake Road, east of Settlers Ridge Parkway. The City received two bids and the engineer's estimated cost was $2.7 million. The low bid was submitted by CB & I Constructors, Inc. with a bid of $2,543,000. They bid the same amount for two different designs, the fluted column and the spheroid.

    Mr. Jessup said that with the fluted design, painting costs would be slightly more expensive. The fluted design has a better hydraulic performance than the spheroid. You can get about one quarter of a million more usable gallons of water from the fluted column design as compared to the spheroid design. There is also more storage space in the fluted column for telecommunication companies who rent space on the water towers. Staff is recommending the fluted column.

    Mr. Jessup said that the bid included four bid alternates. The low bidder indicated they could use a smaller column, 66 feet instead of 78 feet, which would reduce the cost by $38,000. By making is narrower, it would creek into the same functional problems that the spheroid design has. The second and third alternate bids were for painting the City logo on two sides of the water tower. Staff is recommending putting the City's logo on this water tower. The fourth alternate is for a chain link fence around the water tower for security purposes. Staff is recommending using the fluted column design and accepting alternates 2 and 4 and rejecting alternates 1 and 3.

    Mr. Jessup said the cost would be about $3,050,000 and with the bid alternates an amount of $3,078,000. The City has not yet purchased the site, but has authorization for access to the site to begin construction. The total project cost is about $3,150,000. The cost would be funded out of the area/connection charge fund. Site work would begin in June with the tank substantially complete by fall of 2006.

    Member Madigan said the City received some letters regarding the water tower and people seemed to prefer the spheroid design. Mr. Jessup said there was a neighborhood meeting where nine residents attended. Most people were concerned about why the tower needed to go in this area.

    Member Rebholz introduced the following resolution and moved its adoption: RESOL. NO. 05-103

    RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, AWARDING THE CONTRACT FOR THE EAST WATER TOWER TO CB&I CONSTRUCTORS, INC. WITH A BID OF $2,656,500.00 AND AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR TO SIGN SAID CONTRACT

    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:

    Cheryl Hurst - aye
    Paul Rebholz - aye
    Michael Madigan - aye
    Amy Scoggins - aye
    William Hargis - aye

 

ADMINISTRATOR'S REPORT

Mr. Gridley said the Council received their workshop materials at this meeting.

Mr. Gridley said that the newspaper had indicated that the street sweeping program would begin April 15, but it is actually the 18th of April.

Mr. Jessup referred to the street sweeping and said that residents can rake or sweep the sand on their boulevard areas into the gutter line. Once the sweeping has occurred in front of a property, residents should not sweep additional sand and other items from the boulevard areas into the gutter. He also asked residents to move their cars from the street if they see the street sweepers in the neighborhood. The materials swept up from the streets is screened at the Public Works building and is placed in interior storage for salt and sand and will be reused next winter.

Mr. Gridley stated that before the workshop meeting in May, there will be a tour of City Walk. The tour of City Walk and the golf course will be around 4:00 or 4:30.

 

Neighborhood Meetings
1. Roemer Addition, April 11, 6:30 p.m., Planning Conference Room
2. Crossroads Commerce, April 13, 6:00 p.m., Central Park Room A
3. Fallbrook Lane Sump Pump Issue, April 14, 7:00 p.m., Council Chambers

 

Planning Commission Scheduled for April 18, 2005
(Tentative - subject to change)

1. Highland Knoll, Planned Unit Development, Preliminary Plat, Case Nos. 05-21, 05-22
2. Woodbury Village, Amended Planned Unit Development, Amended Conditional Use Permit, Final Site and Building Plan, Case Nos. 04-89, 04-90, 04-91
3. Roemer Preliminary Plat, Case No. 05-18
4. Oakview Drive 4th Addition, Preliminary Plat, Case No. 04-79

 

Council Workshop Agenda for April 19, 2005
1. South Washington County Watershed District Joint Meeting with City Council
2. I-94 Noise Wall
3. Stucco Update
4. Wage System
5. HRA/EDA/Affordable Housing Initiative

 

Public Hearings Scheduled for April 27, 2005 Council Meeting
1. Highland Knoll, Planned Unit Development, Preliminary Plat, Case Nos. 05-21, 05-22
2. Woodbury Village, Amended Planned Unit Development, Amended Conditional Use Permit, Site Plan, Case Nos. 04-89, 04-90, 04-91
3. Roemer Preliminary Plat, Case No. 05-18
4. Oakview Drive 4th Addition, Preliminary Plat, Case No. 04-79

 

Other Meetings
1. Economic Development Authority, April 14, 7:30 a.m., Meeting Room A
2. Environmental Education Commission, April 25, 7:30 p.m., Council Chambers
3. Capital Improvement Plan Meeting, April 27, 6:00 p.m., Council Chambers

 

OTHER ITEMS

Mayor Hargis adjourned the Council meeting at 9:55 p.m.


Detailed information on agenda items is available on the April 13, 2005, City Council Agenda.