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City of Woodbury
8301 Valley Creek Road
Woodbury, MN 55125
(651) 714-3500
   

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City Council Meeting

Wednesday, September 24, 2008, 7:30 p.m.
Woodbury City Hall, 8301 Valley Creek Road

Please note that all agenda times are estimates. Attachments referenced at the bottom of City Council letters are not posted on the Web site. To request a copy of an attachment, call the Administration Department at (651) 714-3523.

 

Executive Session (7 p.m.)

  1. Discuss threatened litigation - Commerce Hill Development

 

1. Call to Order (7:30 p.m.)

2. Pledge to the Flag

3. Roll Call

 

4. Special Order of Business (7:35 p.m.)

  1. Report on September 10, 2008 Executive Session regarding threatened or pending litigation:
    1. Commerce Hill Development
    2. Walker Properties of Woodbury II vs. City of Woodbury, Case File No. 82-C2-07-000377

 

5. Open Forum (7:40 p.m.)

The Open Forum is a portion of the Council meeting where a maximum of three persons will be allowed to address the Council on subjects which are not a part of the meeting agenda. Speakers are asked to limit their remarks to two minutes each. Persons wishing to speak must complete a sign-up sheet prior to the start of the meeting. Give the sign-up sheet to any staff person. The Council may take action or reply at the time of the statement or may give direction to staff at the end of the meeting regarding investigation of the concerns expressed.

 

6. Consent Agenda (7:45 p.m.)

All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion and an affirmative vote by roll call of a majority of the members present. There will be no separate discussion of these items unless a Council Member or citizen so requests, in which event, the items will be removed from the consent agenda and considered a separate subject of discussion by the Council.

A.     Approval of Council Minutes - August 27, 2008, and September 10, 2008

B.     Acceptance of Cost Share Funds, Execution of Cost Share Agreement with South Washington Watershed District, Kargel Park

Staff recommends Council adopt RESOLUTION NO. 08-182, a resolution authorizing the acceptance of grant funds and approval of cost share agreement with South Washington Watershed District.

C.     ISD 833 East Ridge High School Landscaping Contract Award Concurrence

Staff recommends Council concur with the contract to be awarded by ISD 833 for Landscaping to Peterson Companies Inc. in the amount of $461,056 and authorize staff to negotiate with ISD 833 the final cost sharing for the project as per the approved East Ridge High School Development Agreement.

D.     Rename Cottage Grove Drive to Settlers Ridge Parkway, Case No. 08-41

Staff recommends Council adopt ORDINANCE NO. 1808, an ordinance of the City of Woodbury, Washington County, Minnesota amending Chapter 17, Article III, Street Names and Numbers, of the Woodbury City Code.

E.     Central Garage Drainage Repair Budget Adjustment to Repair Pedestrian Access Area at the Public Works Building

Staff recommends Council adopt RESOLUTION NO. 08-183, a resolution approving Central Garage drainage repair budget adjustment to repair pedestrian access area at the Public Works Building.

F.     3M Groundwater Monitoring Well, Approve Agreement with 3M, Acceptance of Grant

Staff recommends Council adopt RESOLUTION NO. 08-184, a resolution authorizing the Mayor and City Administrator to enter into an agreement with 3M Company for completing environmental testing on public land; and

Staff recommends Council adopt RESOLUTION NO. 08-185, a resolution for authorization of acceptance of a grant from 3M Company to the City of Woodbury

G.     Danner Pit Regional Storm Water Pond Outlet Improvements, Approve Preliminary Report, Waive Public Improvement Hearing, Order Project, Authorize Preparation of Plans and Specifications, Authorize Preparation and Acquisition of Easements

Staff recommends Council adopt RESOLUTION NO. 08-186, a resolution approving the preliminary report, waiving the public improvement hearing, ordering the project, authorizing preparation of plans and specifications and authorizing preparation, acquisition and if necessary, condemnation of easements for the Danner Pit Regional Storm Water Pond Outlet Improvements.

H.     Lake Road Utility and Street Improvements (Woodlane Drive to 3000 Feet East), Cancel Public Improvement Hearing

Staff recommends Council adopt RESOLUTION NO. 08-187, a resolution canceling the public improvement hearing of September 24, 2008 for the Lake Road Utility and Street Improvements (Woodlane Drive to 3,000 Feet East).

I.     Bielenberg Sports Complex, Pioneer Drive and Hargis Parkway Utility and Street Improvements, S.A.P. 192-107-005 (Pioneer Drive), S.A.P. 192-020-016 (Radio Drive Turn Lanes), S.A.P. 82-618-015 (Bailey Road / Pioneer Drive Signal), S.A.P. 82-613-025 (Radio Drive / Hargis Parkway Signal), Approval of Change Order No. 2

Staff recommends Council adopt RESOLUTION NO. 08-188, a resolution approving Change Order No. 2 amending the original contract for the Bielenberg Sports Center, Pioneer Drive and Hargis Parkway utility and street improvements for $182,250 to Danner, Inc.

J.     Radio Drive Safety & Mobility Project Landscaping, Pioneer Drive to One-quarter Mile South of Bailey Road, Concurrence of Construction Contract Award, M.S.A.S. 192-020-019, S.A.P. 82-613-026

Staff recommends Council adopt RESOLUTION NO. 08-189, a resolution concurring with Washington County for awarding the contract for the Radio Drive Safety & Mobility Project Landscaping, Pioneer Drive to One-quarter Mile South of Bailey Road, to Noble Landscaping & Garden Center in the amount of $272,365, M.S.A.S. 192-020-019, S.A.P. 82-613-026.

K.     Washington County Environmental Center, Approve Preliminary Report, Waive Public Improvement Hearing, Order Project, Authorize Preparation of Plans and Specifications

Staff recommends Council adopt RESOLUTION NO. 08-190, a resolution approving the preliminary report, waiving the public improvement hearing, ordering the project, and authorizing preparation of plans and specifications for the Washington County Environmental Center.

L.     Waters Edge Townhomes, Utility and Street Improvements, Approval of Change Order No. 3

Staff recommends Council adopt RESOLUTION NO. 08-191, a resolution approving Change Order No. 3 amending the original contract for the Waters Edge Townhome Utility and Street Improvements for $29,075 to Ryan Contracting Company.

M.     Approval of Health Care Savings Plan Policy

Staff recommends Council approve Council Directive No. CD-ADMIN-1.3, Health Care Savings Plan Directive and adopt RESOLUTION NO. 08-192, a resolution implementing the City of Woodbury Health Care Savings Plan through the Minnesota State Retirement System.

N.     Approval to Announce Layoff/Transfer

Staff recommends Council approve the layoff/transfer of Jane Boyd, part-time receptionist and Pam Hale-Thrune, part-time receptionist, effective October 31, 2008 and transfer Jane Boyd and Pam Hale-Thrune to on-call clerical positions with the same rate of pay. Staff further recommends abolishing the receptionist position and creating a Secretary I position to be placed in Band A of the City of Woodbury Compensation Plan.

O.     2008 City Council/Advisory Commission Interviews

Staff recommends Council adopt a motion:

1. Cancel the December 6, 2008 Advisory Commission interview and the Monday, December 1, 2008 back up interview.

2. Scheduling the Monday, December 1, 2008 Advisory Commission Interviews. The interviews will begin at approximately 5:00 p.m.

3. Scheduling, the Thursday, December 4, 2008 Advisory Commission Interviews. The interviews will begin at approximately 5:00 p.m.

P.     Council Salary Adjustment

Staff recommends Council adopt ORDINANCE NO. 1809, an ordinance of the City of Woodbury, Washington County, Minnesota, providing that the code of ordinances of the City of Woodbury, Minnesota be amended by amending Article II - City Council, Section 2-21 - Compensation.

Q.     Abstract of Bills

The abstract of bills includes payments made from the adopted 2008 budget for expenses of operating the city. The expenditures are from all funds of the city. Staff recommends approval of the abstract of bills. Any purchased contracts requiring signature of the Mayor and City Administrator is hereby approved.

 

7. Public Hearings (7:50 p.m.)

  1. Wal-Mart Stores, Inc. dba Wal-Mart Store 2643, 3.2% Off Sale Liquor License
  2. Staff recommends Council approve issuing an off sale 3.2% liquor license to Wal-Mart Stores, Inc., dba Wal-Mart Store 2643 for their location at 10240 Hudson Road, Woodbury.

  3. Meyer Tower Addition, Variance, Preliminary Plat, Case Nos. 08-37, 08-38
  4. Staff recommends approval of the Meyer Tower Addition Variance and Preliminary Plat, Case Nos. 08-37 and 08-38, subject to conditions.

 

8. Discussion (8:10 p.m.)

  1. Motion to Reconsider Resolution 08-117, Denial of Woodbury Developers, LLC Applications for Rezoning, Planned Unit Development, Conditional Use Permit, Preliminary Plat and Final Site and Building Plan, Commerce Hill Development, Tamarack Road and Woodbury Drive
  2. Staff recommends Council move to reconsider Resolution 08-117 denying Woodbury Developers' request for approval of their rezoning, planned unit development, conditional use permit, preliminary plat and final site and building plan applications for the proposed Commerce Hill development, Case Nos. 07-36, 07-37, 07-38, 07-39, 07-74.

    Staff further recommends Council table such reconsideration to their October 8, 2008 meeting to allow additional time to memorialize the terms of agreement in a written Developer's Agreement.

 

9. Administrator's Report (8:25 p.m.)

 

10. Adjournment (8:30 p.m.)