City Council

Minutes Woodbury City Council Wednesday, February 12, 2020 Pursuant to the due call and notice thereof, a regular meeting was duly held at the Woodbury City Hall, 8301 Valley Creek Road, on 12th day of February 2020. Call to Order Mayor Anne Burt called the meeting to order at 7:30 p.m. Pledge of the Flag Audience, staff, and Council pledged allegiance to the flag of the United States of America. Roll Call Upon roll call the following were present: Mayor Anne Burt, Councilmembers: Andrea Date, Amy Scoggins, and Jennifer Santini Absent: Steve Morris Others Present: Kimberlee K. Blaeser, City Clerk; Janelle Schmitz, Assistant Community Development; Tony Kutzke, City Engineer; Mary Tietjen, City Attorney; Clinton Gridley, City Administrator Mayor Burt welcomed those watching at home to join the Council meetings and call City Hall if they need information. She also referred to the brochures that are 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. Special Order of Business No items scheduled Open Forum 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. 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. Speakers are limited to two minutes each. The Council will listen attentively to comments but, in most instances, will not respond at the meeting. Typically, replies to the concerns expressed will be made via letter or phone call within a week. Consent Agenda 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 Councilmember 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. Item A Approval of Council Minutes – January 22, 2020 Item B To adopt the following ordinance Ordinance 1977 Ordinance of the City of Woodbury, Washington County, Minnesota providing that the City Code by amended by amending Chapter 6, Buildings and Building Regulations, Article II, Building Code, Division 1, Generally, Section 6-19, Building permits, inspections and fees. Item C To adopt the following resolution Resolution 20-22 Resolution of the City of Woodbury, Washington County, Minnesota authorizing the acceptance of the gift carafes and pitchers from Service Ideas.  City Council Meeting Minutes Wednesday, February 12, 2020 Item D To adopt the following resolution Resolution 20-23 Resolution of the City of Woodbury, Washington County, Minnesota authorizing the Mayor and City Administrator to execute the METRO Gold Line Master Funding Agreement between the City of Woodbury and the Metropolitan Council. Item E Cooperative Agreement between the City of Woodbury and Washington County for CSAH 19 (Woodbury Drive) and Local Road Capacity and Safety Project, Approve Construction Cost Agreement, Approve Maintenance. This item was pulled and moved to the Public Hearing portion of the meeting. Item F To adopt the following resolution Resolution 20-26 Resolution of the City of Woodbury, Washington County, Minnesota authorizing staff to submit an application to the State of Minnesota requesting an advance for financing approved municipal state aid street projects in the amount of requesting a loan from the Municipal State Aid Street account in the amount of $4 million. Item G To adopt the following resolution Resolution 20-27 Resolution of the City of Woodbury, Washington County, Minnesota awarding the construction contract to Stantec Consulting Services, Inc. for the Ojibway Open Space Wildlife Habitat Restoration Project with a low bid of $268,604 and authorizing the Mayor and City Administrator to sign said contract. Item H To adopt the following resolution Resolution 20-28 Resolution of the City of Woodbury, Washington County, Minnesota for the assessment of Trunk Storm Sewer Charges for Tamarack Center Addition. Item I To adopt the following resolution Resolution 20-29 Resolution of the City of Woodbury, Washington County, Minnesota accepting the grant of $3,000 from the Walmart Foundation and approval of the budget amendment to the 2020 Public Safety Activities Fund Budget Item J To authorize the Mayor and City Administrator to enter into an agreement with Timesaver Off Site Secretarial, Inc. to provide recording secretary services for the City of Woodbury effective February 13, 2020. Item K To adopt the following resolution Resolution 20-30 Resolution of the City of Woodbury, Washington County, Minnesota appointing Katie Cook to the position of full-time Utility Billing Technician effective February 18, 2020. Item L To adopt the following resolution Resolution 20-31 Resolution of the City of Woodbury, Washington County, Minnesota appointing Michelle Hillman to the position of part-time Utility Billing Technician effective February 18, 2020. Item M The abstract of bills includes payments made from the operating or project budgets for expenses of the city. The expenditures are from all funds of the city. Any purchased contracts requiring signature of the mayor and City Administrator is hereby approved. Staff recommends approval of the abstract of bills for January 17, 2020 in the amount of $2,210,750.59, January 24, 2020 in the amount of $1,179,528.13 and January 31, 2020 in the amount of $1,539,028.32. Councilmember Scoggins moved, seconded by Councilmember Date, to approve the Consent Agenda items. Voting via voice: Andrea Date – aye Amy Scoggins – aye Jennifer Santini – aye Steve Morris – absent Anne Burt - aye Page 2 of 7  City Council Meeting Minutes Wednesday, February 12, 2020 Public Hearings A. Assessment of CSAH 19 (Woodbury Drive) and Local Roads Project Mayor Burt declared the public hearing open and recognized Mr. Tony Kutzke, City Engineer to give the background. Mr. Kutzke explained that the item under review is the Woodbury Drive and Local Roads Capacity and Safety Project, a cooperative project between Washington County and the City of Woodbury. Purpose of this Meeting  Hold the Assessment Hearing  Accept Written Objections  Close the Public Hearing  Adopt the Assessment Roll  Approve Cooperative Agreements for Maintenance and Construction Public Process  October 12, 2017 – Open House #1  February 26, 2018 – Open House #2  March 21, 2018 – Council Workshop  April 4, 2018 – City Resolution of Support, Design Cooperative Agreement  August 20, 2019 – Open House #3 – Markgrafs Basin  September 25, 2019 – Order Feasibility Report & Set Public Improvement Hearing  October 7, 2019 – Open House #4 – Benefited Properties  October 23, 2019 – Approve Feasibility Report & Hold Public Improvement Hearing  January 14, 2020 – Bid Opening  February 12, 2020 – Assessment Hearing / Adopt Assessment Roll  February 25, 2020 – Washington County to Award the Project  April/May 2020 – Construction to Begin The assessment hearing this evening was to provide property owners opportunity to speak in support or in opposition of the project. If the project were to move forward, Washington County is proposing to award the project to the contractor on February 25, 2020. The construction is anticipated to be two years in length, beginning probably in April 2020 and extending through the construction season, likely October of 2021. Background The main need for the project is expanding capacity of Woodbury Drive starting from I-94 south to just south of Tamarack Road. The proposed improvements would expand Woodbury Drive from a four-lane roadway to a six-lane road, with intersection improvements at the south ramps of I-94, Hudson Road, Commerce Drive, and Tamarack Road – all intersecting Woodbury Drive. With that there will be significant improvements with the intersections and a need for some pavement and other improvements on city local roads intersecting the roadway. Tamarack Road is proposed to be expanded to a four-lane divided roadway, adding in left-turn lanes and medians along the road. Commerce Drive would be expanded near Woodbury Drive to add turn lanes and have signal improvements at Woodbury Plaza Road and then an overlay and pavement improvements along Commerce Drive to the west as they connect into Tamarack Road. Rivertown Drive is proposed to be improved and reconstructed as a three-lane roadway section, taking the existing four-lane road and converting it into a three-land roadway to add left turn lanes down the center of Rivertown. Hudson Road is proposed to have pavement overlay improvements west of Norma Lane and capacity improvements for the intersections and turn lanes at Norma Lane, east to Woodbury Drive; also on the east side of Woodbury Drive as Hudson Road intersects with the Woodbury Drive intersection. Norma Lane is also proposed for pavement overlay improvements. With this are a number of trail and pedestrian and bicycle improvements for this area. The south side of Commerce Drive west of Rivertown Drive; the east side of Rivertown Drive and the north side of Commerce Drive between Rivertown and Woodbury Plaza Road are all new trail segments proposed to be included in the project. Also, the north side of Hudson Road from Woodbury Drive west to Rivertown Drive. Along Woodbury Drive, trails would be repaved along the east side of the road and a new trail is proposed on the west side of Woodbury Drive. Page 3 of 7  City Council Meeting Minutes Wednesday, February 12, 2020 A number of storm sewer improvements are also proposed, on the northeast corner of Woodbury Drive and Hudson Road is a proposed new stormwater basin. On the west side of Commerce Drive, just north of Tamarack Road, there is an existing pond. A new stormwater basin is proposed just north of that in an open space. On the east side of Woodbury Drive, along Markgraf Lake, there is a large green space proposed to have a stormwater basin also installed. Estimated Project Costs This is a $22.2M project. Of that, the County contributions to the project on Woodbury are approximately $7.6M, with approximately $14.6M total City contribution. The proposed assessments total approximately $2.65M, which are included in the Preliminary Report and also every property owner was mailed a notice with those amounts for their property prior to this hearing. City Funding Sources MSA Roadway Construction Fund – proposed to be approximately $6M Major Roadway Special Assessments – proposed to be approximately $5.65M Water/Sewer Utility Fund – proposed to be approximately $268,000 Special Assessments – proposed to be approximately $2.65M Total City Contribution – approximately $14.6M (very close to the amount proposed in the 2020 budget) The project has a lot of funds in connection with the Bailey Road Project, which has just opened bids. Any appropriate budget amendments that would be needed for those projects would be brought forward after the hearing for the Bailey Road Project. They are pretty minor compared to the project costs. Benefited Properties There are a number of properties that were identified as benefited properties according to the city’s financing policy; approximately 120 properties. All benefited properties have been mailed their notice of assessment which is being proposed. Commercial Zoned = 84 properties with assessments from $743 - $215,175 The assessment do vary widely and greatly on this project between $743 and the highest assessment amount at $215,175; the reason being that these are very unique properties and a variety of different sizes, and benefit different for each roadway. The city’s assessment policy was applied, and benefit appraisals were conducted. Staff is proposing the final assessments as the lower of the calculated assessment amount calculated by the city’s assessment policy or the benefited amount for the properties. Mixed Use Commercial Zoned = 41 properties with assessments from $181 - $855. These are residential properties within the City Walk area. The total assessments are approximately 12% of the project costs, with 88% being funded by City and County funds. Assessment Payments  30-day no-interest payment period (ends on March 13, 2020) – partial or full payments can be made  Payments can be made over 15 years  First payment would be due with the first half property tax payment in 2021  Interest rate = 3.0%  Senior deferral program available The Finance Department can answer any questions a resident may have related to the Senior Deferral Program. Proposed Schedule Constructional Information Meeting – the nuts and bolts real detailed information about how the contractor plans to construct the project. There is a number of phasing and requirements that the contractor will have to hold on this project and milestones for completion dates on each roadway. That information will be shared with property owners in April 2020 (TBD). Construction is anticipated to begin in May 2020, with an anticipated completion date in November 2021. The focus in the first part of the construction will be on Woodbury Drive. Page 4 of 7  City Council Meeting Minutes Wednesday, February 12, 2020 Updates will be provided through the city’s InTouch system and by Washington County through the project website: https://www.co.washington.mn.us/WoodburyDrive. Mr. Kutzke noted that the city has received seven Notices to Appeal to be entered into the record. Ms. Mary Tietjen, City Attorney explained that by state law if anyone wishes to challenge an assessment on their property, part of the process is submitting a written objection, either before the hearing or before the end of this hearing. This written objection does not need to be anything fancy; it just needs to include name, property address, and reason for the objection. If a written objection is not submitted, then the resident waives their right to object. Mayor Burt entered into the record the following Letters of Objection:  Fredrikson & Byron, P.A. on behalf of David W. Halper Irrevocable Trust through its trustee, Bradley Birnberg (“Halper”) for property ID 03.028-21-0016  HJ Development for property ID 02-028-21-22-0008; property ID 03-028-21-41-0011; property ID 03-028-21-41-0012; property ID 03-028-21-41-0013; property ID 03-028-21-41-0018; and property ID 03-028-21-41-0019 The following Letter of Objection was submitted at the meeting:  Absolute Investments LLC for property ID 03.028.21.42.0007 Councilmember Date moved, seconded by Councilmember Santini, to close the public hearing. Voting in Favor: Date, Scoggins, Santini, Burt Absent: Morris Mayor Burt opened opportunity for discussion and questions from the Council. Councilmember Santini asked for clarification and stated that the objections received this evening are to hold open the option for these property owners to move forward with their appeal. However, if the resolutions were approved then it would be too late to receive any other appeals from property owners. City Attorney Tietjen confirmed. Councilmember Scoggins moved, seconded by Councilmember Santini, To adopt the following resolution Resolution 20-32 Resolution of the City of Woodbury, Washington County, Minnesota for the Assessment of CSAH 19 (Woodbury Drive) and Local Roads Project. Voting via voice: Andrea Date – aye Amy Scoggins – aye Jennifer Santini – aye Steve Morris - absent Anne Burt – aye Consent Agenda Item 6E A. Cooperative Agreement Between the City of Woodbury and Washington County for CSAH 19 (Woodbury Drive) and Local Road Capacity and Safety Project B. Approve Construction Cost Agreement C. Approve Maintenance Agreement Councilmember Scoggins moved, seconded by Councilmember Santini, To adopt the following resolution Resolution 20-24 Page 5 of 7  City Council Meeting Minutes Wednesday, February 12, 2020 Resolution of the City of Woodbury, Washington County, Minnesota approving the Cooperative Agreement between the City of Woodbury and Washington County for Construction Costs of County State Aid Highway (CSAH) 19 Voting via voice: Andrea Date – aye Amy Scoggins – aye Jennifer Santini – aye Steve Morris – absent Anne Burt – aye Councilmember Scoggins moved, seconded by Councilmember Santini, To adopt the following resolution Resolution 20-25 Resolution of the City of Woodbury, Washington County, Minnesota approving the Cooperative Agreement between the City of Woodbury and Washington County for Maintenance of County State Aid Highway (CSAH) 19. Voting via voice: Andrea Date – aye Amy Scoggins – aye Jennifer Santini – aye Steve Morris - absent Anne Burt – aye Transportation Report (2nd meeting of the month, May-October) No items scheduled Administrative Report Mr. Clinton Gridley, City Administrator gave a verbal update of upcoming City meetings. Neighborhood Meeting 1. Temporary Water Treatment Neighborhood Meeting, February 13, 6:30 p.m., Birch Conference Room Planning Commission Meeting, February 18, 2020 1. CityPlace-Park Dental, Site and Building Plan, Project No. 04-2019-00381 2. City of Woodbury Temporary Water Treatment Facility, Conditional Use Permit, Site and Building Plan, Project No. 09-2020- 00395 Council Workshop Meeting, February 19, 2020 1. Tour of Public Works Building (starts at 5:30 p.m.) 2. Water Treatment Master Plan 3. Water Emergency Contingency Plan Council Meeting, February 26, 2020 1. Assessment hearing for the CSAH 18 (Bailey Road) Management and Safety Project 2. City of Woodbury Temporary Water Treatment Facility, Conditional Use Permit, Site and Building Plan, Project No. 09-2020- 00395 Other Meetings 1. Economic Development Commission, February 25, 7:30 a.m., Birch Conference Room Adjournment Councilmember Santini moved, seconded by Councilmember Date, to adjourn the regular City Council Meeting of February 12, 2020 Page 6 of 7  City Council Meeting Minutes Wednesday, February 12, 2020 Voting in Favor: Date, Scoggins, Santini, Burt Absent: Morris Mayor Burt adjourned the meeting at 7:56 p.m. Respectfully submitted, __________________________________________ Kimberlee K. Blaeser, City Clerk Approved by the Woodbury City Council on February 26, 2020 Page 7 of 7