Pursuant to due call and notice thereof, a regular meeting was duly held at the Woodbury City Hall, 8301 Valley Creek Road, on the 10th day of September, 2003.
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, Peter Rekow, Cheryl Hurst, and Michael Charron. Others Present: Barry Johnson, City Administrator, Jim Lammers, City Attorney; Dwight Picha, Community Development Director, David Jessup, Public Works Director, Tom Syfko, Consulting Engineer, and Barry Peters, Consulting Engineer.
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, with the exception of Item 6C, which was pulled and added to the Discussion agenda.
Item A To approve the minutes of the August 27, 2003 City Council meeting.
Item B To approve entering into contracts with R-9 Carpentry & Concrete, LLC for carpentry labor at the Powers Lake picnic shelter for the amount of $20,000.00; carpentry labor at the Evergreen activity building for the amount of $18,656.00; gypsum drywall for the Evergreen activity building for the amount of $1,100.00; and cabinetry at the Evergreen activity building for the amount of $849.00.
Item C Pulled.
Item D To adopt the following resolution: RESOL. NO. 03-233
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, APPROVING THE PRELIMINARY REPORT, WAIVING THE PUBLIC IMPROVEMENT HEARING, ORDERING THE PROJECT, APPROVING THE PLANS AND SPECIFICATIONS AND ESTABLISHING AN OCTOBER 2, 2003 BID DATE FOR THE STIMSON MEADOWS STORM SEWER AND STREET IMPROVEMENTS
Item E To adopt the following resolution: RESOL. NO. 03-234
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, AWARDING THE CONTRACT FOR THE COTTAGE GROVE DRIVE UTILITY AND STREET IMPROVEMENTS FROM VALLEY CREEK ROAD TO ONE-HALF MILE SOUTH TO THREE RIVER CONSTRUCTION INC. WITH A NET BID OF $789,439.00 AND AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR TO SIGN SAID CONTRACT CONDITIONAL TO THE COMPLETION OF EASEMENT ACQUISITION
Item F To adopt the following resolution: RESOL. NO. 03-235
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, AUTHORIZING ACCEPTANCE OF $1,800 AND $51,000 FOR TEMPORARY AND PERMANENT EASEMENTS IN THE BAILEY LAKE LIFT STATION PARCEL AND OUTLOT A WEDGEWOOD ESTATES 3RD ADDITION FROM THE METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES FOR THE SOUTH WASHINGTON COUNTY SANITARY SEWER INTERCEPTOR SERVING WOODBURY
Item G To adopt the following resolution: RESOL. NO. 03-236
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 SETTLERS RIDGE ADDITION UTILITY AND STREET IMPROVEMENTS
Item H To adopt the following resolution: RESOL. NO. 03-237
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, AUTHORIZING PREPARATION, ACQUISITION AND IF NECESSARY, CONDEMNATION OF EASEMENTS FOR THE SETTLERS RIDGE PARKWAY ¼ MILE NORTH AND ¼ MILE SOUTH PROJECT
Item I To adopt the following resolution: RESOL. NO. 03-238
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, ORDERING THE PREPARATION OF THE PRELIMINARY REPORT AND ORDERING PLANS AND SPECIFICATIONS FOR WATER AND SEWER IMPROVEMENTS FOR THE JAMES KIVEL ADDITION
Item J To adopt the following resolution: RESOL. NO. 03-239
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, AUTHORIZING A CONSULTANT CONTRACT WITH SHORT-ELLIOTT-HENDRICKSON, INC. FOR THE HUDSON ROAD EAST OF WOODBURY DRIVE TRAFFIC IMPACT STUDY
Item K To adopt the following resolutions: RESOL. NO. 03-240
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, PROVIDING FOR THE ISSUANCE AND SALE OF $2,125,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2003A, PLEDGING SPECIAL ASSESSMENTS AND LEVYING TAXES FOR THEIR PAYMENT
RESOL. NO. 03-241
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, ACCEPTING PROPOSAL ON SALE OF $1,010,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2003B PROVIDING FOR THEIR ISSUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF
Item L To adopt the following resolution: RESOL. NO. 03-242
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, APPOINTING JILL LASSEN AS PART-TIME RECEPTIONIST EFFECTIVE SEPTEMBER 17, 2003
Item M To approve the Abstract of Bills for August 29, 2003 in the amount of $1,766,841.37, and the Abstract of Bills for September 5, 2003 in the amount of $262,400.53.
Item N To adopt the following resolution: RESOL. NO. 03-246
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, APPROVING CASE NO. 03-62, A MINOR SUBDIVISION FOR JIM AND STEPHANIE KIVEL
Voting via voice:
Cheryl Hurst - aye
Michael Charron - aye
Michael Madigan - aye
Peter Rekow - aye
William Hargis - aye
PUBLIC HEARINGS
Steve Kernik, Environmental Planner, outlined Council Letter No. 03-556. He said that the DNR has recently passed some new rules that require the City to have a hearing anytime it wants to install an outlet in a landlocked basin. The basin in question is a large wetland which is part of the City Walk development. The City Walk area will drain in the southerly direction and there are two NURP ponds on either side of the wetland. The NURP ponds discharge into the large wetland in the center. The outlet is in the southeast part of the wetland and it will drain through a pipe to Markgrafs Lake. The South Washington Watershed District also has to approve the drainage plan and the water management plan for this subwatershed. The District did have some suggestions to alter the plan. The Watershed District is doing a study of the Wilmes Lake subwatershed, of which City Walk is a part. They are focusing on holding back water to a greater deal that has been done in the past. The Watershed District has asked that the pipe be reduced to a 6" pipe instead of a 12" pipe. Currently, this wetland would drain to its normal water level in 36 hours, but with the 6" pipe it would be increased to 168 hours. This would help alleviate some of the flooding that could occur in the lower end of the watershed.
Mr. Kernik stated that the Watershed District indicated that the City's water quality calculations were not meeting their standards for Markgrafs Lake. The City standard is that it requires all water, before it gets discharged to natural wetlands, has to be treated to remove 60% of the phosphorus. The Watershed District indicated that the discharge to Markgrafs Lake cannot be more than 75% greater than predevelopment loading. This means that they have a standard for Markgrafs Lake, while the City has a standard for discharge to the wetland. Staff found that the City was three pounds of phosphorus on an annual basis short in the removal efficiencies. The Watershed District's calculations did not take into account any attenuation that would occur in the wetland, but just looked at what was done in the NURP ponds. Staff believes that by increasing the time that the water sits in the wetland, it will increase the infiltration. Staff believes that they will meet the three pounds of phosphorus on an annual basis and probably will exceed the Watershed District's requirements.
Mr. Kernik said the Department of Natural Resources was concerned about the normal water level of the basin, and not how long the water stays in the basin. He said this will not change, no matter what designed is used. It will be at 928. City Walk has preliminary plat approval and they have applied for a grading permit. They wanted to grade the entire site and staff has had several discussions with the developer's engineer and staff is uncomfortable having the whole site graded when there are still some issues regarding storm water. There could also be a problem next spring because there isn't enough time to get vegetation growing on the site this year.
Mr. Kernik said that staff is going to allow them to do the excavation and footings for the parking ramp, so they can begin building that over the winter. There are two buildings near the wetland and staff is going to allow them to excavate and put in the footings for those buildings.
Moved by Member Charron, seconded by Member Rekow, to close the public hearing.
Voting in favor: Charron, Hurst, Madigan, Rekow, Hargis
Voting against: None
Absent: None
Member Hurst asked what happens when the City exceeds the 3 pounds of phosphorus requirement. Mr. Kernik replied that staff would have to go back and try to do some type of retrofitting. Staff is trying to promote infiltration. Some excavation might have to be done in the basin to try to break the seal on the bottom and get water to infiltrate into that basin. There are other experimental-type treatments. He said there are existing systems that were built to the current standards and the City may have to retrofit them and try to increase some of the performance of those systems, rather than trying to pile things on the new systems.
Barry Johnson, City Administrator, asked if this was a calculated standard, as opposed to a measured standard. He asked whether someone will go out and measure the runoff after development and determine whether it actually removed what had been calculated to be removed, or is this a design standard used to initially create the facilities and no one goes back to measure it. Mr. Kernik replied that currently they are dealing with a design standard and staff does the calculations that convinces them that it will work. He said the City is not specifically required to monitor this area, but he believes that in the future they will have to do more monitoring. The City has been monitoring Markgrafs Lake for eight years and at some point if the lake was identified to need a management plan, monitoring stations would be set up to find out where the phosphorus is coming from.
Member Madigan stated that the City has looked at stormwater for the developing areas, but the City hasn't moved to the next step, which is looking at what is the possibility of retrofitting the existing systems to improve water quality.
Moved by Member Rekow, seconded by Member Madigan, to approve the construction of an outlet for the landlocked basin known as 82-433W, as part of the City Walk development.
Voting in favor: Charron, Hurst, Madigan, Rekow, Hargis
Voting against: None
Absent: None
David Jessup, Public Works Director, outlined Council Letter No. 03-557. This project is a renovation and expansion of the public works facilities. The public works facility currently exists on both the west and east sides of Tower Drive. The original facility was located on the west side of Tower and was developed in 1967. In the early 1990s, the City went through an analysis of the expansion of a public works facility either at a new location or east of Tower Drive. In 1993, the City completed the construction of a new facility on the east side, which then became the center for the administrative and maintenance activities. The west side was used primarily for vehicle storage.
Mr. Jessup referred to the west side of the facility and said they are proposing to upgrade the mechanical and electrical systems in that building. There has been no significant work done on that building since the late 1980s. It is also proposed to pave an additional area behind the building on the west side, which is not visible to the general public. On the east side, the City initially acquired 10 acres. He said the conference room needs to be expanded to accommodate the additional staffing. On the lower level to the east, they are proposing to expand the vehicle maintenance area and to encompass a driving aisle that connects to the north part of the site. There are administrative spaces to the south and they are proposing to extend that to the south. The main vehicle storage area is proposed to extend that to the south. The Council has previously authorized a consultant selection. The exterior materials used for the expansion will match the existing buildings.
Mr. Jessup noted that the estimated cost for these improvements is about $5,000,000. It is anticipated to have the renovation completed by the end of 2004. A neighborhood meeting was held regarding this project and four residents attended, along with one reporter. The project was received favorably and the people that attended were primarily concerned with what would happen to the landscape buffer around the site. At this point, the buffer should not be affected in any way. A resident was concerned that the facility was going to be moved closer to their home. There will be another neighborhood meeting as the project design is developed. He said that the expansion proposed at this time will last about ten years and will then need to be further expanded.
Tim Johnson, Finance Director, addressed the Council. He said the plan is to issue general obligation capital improvement bonds to finance the public works expansion. The project cost is approximately $5,000,000, with $250,000 for a project contingency, and $85,000 for bond issuance fees. The bond issue sale date is November 12, 2003 and the tax levy would start in 2004. The bond issue will be repaid over 15 years, and the consultants indicate that the interest rate will be approximately 4.35%. The debt service will be financed through a combination of property tax levies and water and sewer enterprise fund contribution. The tax impact on the average home will be approximately $22 per year.
Member Rekow asked about the energy usage and what measures are being taken there. Mr. Jessup replied that the lights will be retrofitted in the building as well as other elements of the electrical and mechanical systems for energy conservation opportunities.
Member Rekow asked about the issuance fee and if it was competitive, because he thought 1.5% was a lot of money. Mr. Johnson said the amount is competitive. Springsted has a sliding fee and it is based on the size of the issuance amount. This is an estimate of the issuance cost. In the past, it has been less than predicted. It is a combination of what they estimate the discount to be through the bidding process, as well as the bond attorney and consultant fees from Springsted. He said generally fees are about two-thirds of what is estimated. He thinks it is competitive and this is a market rate.
Moved by Member Hurst, seconded by Member Charron, to close the public hearing.
Voting in favor: Charron, Hurst, Madigan, Rekow, Hargis
Voting against: None
Absent: None
Member Hurst introduced the following resolution and moved its adoption: RESOL. NO. 03-243
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, GIVING PRELIMINARY APPROVAL FOR THE ISSUANCE OF THE CITY'S GENERAL OBLIGATION CAPITAL IMPROVEMENT PLAN BONDS IN AN AMOUNT NOT TO EXCEED $5,335,000 AND ADOPTING THE CITY OF WOODBURY, MINNESOTA 2003-2008 CAPITAL IMPROVEMENT PLAN SUPPLEMENT
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 Charron - aye
Michael Madigan - aye
Peter Rekow - aye
Cheryl Hurst - aye
William Hargis - aye
DEPARTMENT REPORT
Neighborhood Meetings
Planning Commission Scheduled for September 15, 2003
Council Workshop Agenda for September 16, 2003
Public Hearings Scheduled for September 24, 2003 Council Meeting
Other Meetings
DISCUSSION
Barry Johnson, City Administrator, outlined Council Letter No. 03-558. He said that Minnesota statutes requires that the Council adopt a levy and budget for each year. The Council must set a maximum levy and proposed budget by September 16. The Council has set the date for the hearing on the budget and levy for Monday, December 8 and set a separate date to adopt those for Tuesday, December 16. He said there is some good news from the discussions at the workshop meeting. The City now has from Washington County the actual figures on the tax base. Staff had been operating with in-house estimates. It has come out that the tax levy will be less than expected. The tax levy is expected to increase in total by 4.16% The debt levy will increase by 1.41%, for a total levy increase of 3.81% between the two. A comparison of the total budget from 2003 to 2004 shows a decrease of 2.14%. But there was a $1,000,000 debt issuance, which is atypical. If you take that out, the budget for 2004 is actually going up by 2.7%. The part that is supporting operations is going up by 2.3%. The average value home is now at $247,196 and taxes on that home would actually be going down about 7.8% or $62 on the City portion. The average increase will raise the average value of the home to $281,062. The home will show a 4.9% increase on the City portion. This is because of $1,000,000 of aid being cut from the state and the City is allowed to levy 60% of that loss. There will also be cuts in expenditures and reduction in services or raising revenue in other areas of the budget. The EDA annually levies monies for affordable housing activities. They are proposing $351,500 for next year, which is an increase from this year's $325,000 levy. This is not included in the above figures and means another $1.67 per year on the average value home.
Member Rekow asked what the increase would be per household. Mr. Johnson replied that the average on a per household basis, when adjusted for inflation, is a decrease from $1,022.41 to $991.57.
Member Madigan introduced the following resolution and moved its adoption: RESOL. NO. 03-244
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, ESTABLISHING A PROPOSED TAX LEVY AND GENERAL FUND BUDGET FOR 2004
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:
Michael Madigan - aye
Peter Rekow - aye
Cheryl Hurst - aye
Michael Charron - aye
William Hargis - aye
Member Rekow introduced the following resolution and moved its adoption: RESOL. NO. 03-245
RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA, ESTABLISHING A PROPOSED WOODBURY ECONOMIC DEVELOPMENT AUTHORITY LEVY OF A SPECIAL BENEFIT TAX WITHIN THE AUTHORITY'S AREA OF OPERATION FOR 2004
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:
Peter Rekow - aye
Cheryl Hurst - aye
Michael Charron - aye
Michael Madigan - aye
William Hargis - aye
Dwight Picha, Community Development Director, outlined Council Letter No. 03-546. The Council has approved a seven lot estate subdivision. Since then the developer has submitted a final plat and a developer's agreement and is working with engineering on the final plans and specifications.
David Johnson, 6541 Military Road, addressed the Council. His property is directly west of the proposal. He said he didn't get all the information about the proposed development until last evening. He missed the July 22nd meeting and did not get notice and asked for additional time to review these materials. He is concerned about and wants more time to review the impact on this driveway.
Mayor Hargis asked what the timing was for the approval of this project. Mr. Picha clarified that Mr. Johnson's concern was whether there is a possibility of flooding that could affect his driveway and back to his house. Mr. Johnson stated he was concerned with the watershed. Since that time, he got more information that he wasn't aware of, like the direction of the roadway and elevations. He believes he is to contact the developer directly about his concerns. He would like to review some of the different elevations that they are projecting and how it will affect him. He has not had a chance to talk to the developer and he also just received his number yesterday.
Mr. Picha indicated that Mr. Johnson was not on the hearing notice list that the abstract provided to the developer. He was at the hearing and commented, but did not receive official notice. He said that typically abstract lists are pretty thorough. He looked at the half section maps and this parcel has a 33 foot strip that looks like an easement, but technically is part of his property, and his house is located about one-quarter mile west of the parcel. Staff indicated to Mr. Johnson on the 22nd that they would meet with him and try to get this driveway issue resolved, but there are still issues to be resolved. He did not believe it would delay the project. The bid date is set for October 2nd and there shouldn't be a problem delaying this approval at this time.
Mr. Johnson said he has no problem with the development, but has questions regarding his driveway. He said he was at the August City Council meeting, but not the July one.
Member Hurst asked if there was platting for his parcel. Mr. Johnson stated that there is a temporary cul-de-sac being planned that comes within 20 feet of his property. He wants to know if the vegetation will be removed to develop the temporary cul-de-sac.
Moved by Mayor Hargis, seconded by Member Charron, to table the Stimson Meadows Final Plat and Developer's Agreement, Case No. 03-82 to the September 24, 2003 City Council meeting.
Voting in Favor: Charron, Hurst, Madigan, Rekow, Hargis
Voting Against: None
Absent: None
OTHER ITEMS
Mr. Johnson said that when the Council was discussing the levy and budget for 2004, the City made use of a new piece of technology that has been provided to it by the South Washington County Telecommunications Commission. It is called a smart board, which allows you to input in an electronic format, any information the City has in that format, both text, maps, graphics, etc., and be able to project that onto the screen and the television monitors. You can draw on it as well. You can also hook a printer to it and print out whatever was drawn. He said you can save the results of a working meeting. There is also a portable board. He also mentioned that there are two new plasma monitors in the Council chambers which are much clearer than the ones they had before. There will be staff training on this equipment tomorrow at 1:30 and invited the City Council members to attend if they wished to.
Member Charron said that the City is state of the art, but no City tax dollars were used for it.
Mr. Johnson stated that on Channel 5 tonight at 9:00, there is a television show about transportation funding in Minnesota, with a panel including a variety of state officials, the lieutenant governor/transportation commissioner, as well as an audience including a number of city officials who will be asking questions. Mayor Hargis said he was chosen to be on that panel and he chose to be at the Council meeting instead.
Mayor Hargis commented that the Council received a proposed schedule for commission interviews.
Moved by Mayor Hargis, seconded by Member Madigan, to conduct the commission interviews for Saturday, December 6, 2003 at 8:00 a.m.
Mayor Hargis said that there is a timeline in getting letters out and news releases about the vacancies and applications are taken through the end of October.
Voting in Favor: Charron, Hurst, Madigan, Rekow, Hargis
Voting Against: None
Absent: None
Mayor Hargis noted that the workshop meeting will be held next Tuesday at 6:30 p.m. in the Council Chambers and the next formal City Council meeting will be held on September 24, 2003.
Mayor Hargis adjourned the Council meeting at 8:26 p.m.
Detailed information on agenda items is available on the September 10, 2003 City Council Agenda.