City Council

Minutes Woodbury City Council Wednesday, February 26, 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 the 26th 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, Steve Morris, and Jennifer Santini (arrived at 7:32 p.m.). Absent: None. Others Present: Tony Kutzke, City Engineer; Scott Riggs, City Attorney; Christ Hartzell, Engineering Director; Clinton Gridley, City Administrator; Eric Searles, City Planner; and Ryan Hoefs, Principal Engineer. 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. Councilmember Santini arrived and took her place at the dais at 7:32 p.m. 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 – February 12, 2020 Item B Approval of Special Council Minutes – February 19, 2020 Item C To adopt the following ordinance Ordinance 1978 Ordinance of the City of Woodbury, Washington County, Minnesota amending Chapter 2, Article VII – Parks and Recreation, HealthEast Sports Center – (1) Annual Advertising Fee.  City Council Meeting Minutes Wednesday, February 26, 2020 Item D To adopt the following resolution Resolution 20-33 Resolution of the City of Woodbury, Washington County, Minnesota awarding the construction contract for the Ojibway Park Play Equipment Project to Play Power Farmington LT in an amount of $64,992 and authorizing the Mayor and City Administrator to sign said contract. Item E To adopt a motion approving of the Park Dental, Project No. 04-2019-00381 proposal subject to the conditions as outlined in Council Letter 20-46. 1. All conditions of the original Planned Unit Development shall remain in full force and effect. 2. All conditions of Preliminary Plat approval shall remain in full force and effect. 3. This approval does not include signs. A separate sign permit is required for all proposed signage. 4. All light poles shall be a maximum of 25 feet in height, including base, and shall be shoebox style, downward directed, with LED lamps and flush lens unless approved in writing by the Zoning Administrator. Other than wash or architectural lighting, attached security lighting shall be shoebox style, downward directed with flush lens. In addition, any entry lighting under canopies shall be recessed and use a flush lens. Shields shall also be added as directed by the City. 5. Prior to the issuance of a building permit, the Applicant shall submit a materials board. All final building materials shall be approved by the Planning staff. 6. Prior to the application of building materials, the Applicant shall construct sample material mock-ups on-site. The mock-ups shall be approved by the Planning staff. 7. The final landscaping plan shall be reviewed and approved by staff in writing. 8. Prior to the issuance of a building permit, final drainage, stormwater, grading, utility and sediment control plans shall be reviewed and approved by the Engineering Division. 9. Prior to the issuance of a building permit, the Applicant shall execute an approved Operations and Maintenance Plan for all onsite infrastructure. 10. Prior to the issuance of a building permit, the Applicant shall submit an acceptable snow removal and storage plan detailing how snowfalls will be accommodated. 11. Prior to the release of the building permit, a landscape financial security shall be submitted for at least 150 percent of the estimated cost of landscaping including sod. The landscaping plan shall meet all landscaping ordinance requirements including canopy coverage and tree and species diversification. 12. Prior to the issuance of a building permit, the Applicant shall provide a recorded cross parking easement. 13. Prior to the issuance of a building permit, the Applicant shall submit an irrigation plan meeting the following design requirements:  System must be designed by a certified irrigation contractor.  The system, including pumps, controllers, connections and irrigation line placement must be submitted for review and approval, in writing, by City staff.  Private irrigation wells as a back-up irrigation source are not permitted.  Irrigation heads shall be placed a minimum six (6) inches from back of curb, trail, sidewalk, or other hard surface.  EPA WaterSense approved smart controllers shall be used. The controller shall be approved by Engineering staff in writing.  MP rotator heads or equivalent shall be used throughout. Item F To adopt the following resolution Resolution 20-34 Resolution of the City of Woodbury, Washington County, Minnesota accepting Metropolitan Council’s Water Efficiency Grant for $37,300 and approving the associated budget amendment. Item G To adopt the following resolution Resolution 20-35 Resolution of the City of Woodbury, Washington County, Minnesota authorizing the Mayor and City Administrator to award Pember Companies, Inc. with the Lift Station 5 Sanitary Maintenance & Upgrade project, and amending the 2020 Water & Sewer Utility fund budget. Item H To adopt the following resolution Resolution 20-36 Resolution of the City of Woodbury, Washington County, Minnesota certifying delinquent Utility Bill/Curb Stop Repair for 1864 Colby Lake Drive to the Washington County Auditor. Item I To adopt the following resolution Resolution 20-37 Page 2 of 8  City Council Meeting Minutes Wednesday, February 26, 2020 Resolution of the City of Woodbury, Washington County, Minnesota approving a budget amendment for police patrol commons reconfiguration. Item J To adopt a motion renewing the liquor licenses of the businesses as listed on the attachment to Council Letter 20-51 for the period of April 1, 2020 through March 31, 2021. This item was pulled from the Consent Agenda and moved to discussion. Item K To adopt a motion renewing the tobacco sales license of the businesses as listed on the attachment to Council Letter 20-52 for the period of April 1, 2020 through March 31, 2021. This item was pulled from the Consent Agenda and moved to discussion. Item L To adopt the following resolution Resolution 20-38 Resolution of the City of Woodbury, Washington County, Minnesota appointing Elijah Vasser and Samuel Gallas to the position of Public Service Worker effective February 27,2020. Item M To adopt the following resolution Resolution 20-39 Resolution of the City of Woodbury, Washington County, Minnesota appointing Luke Taschuk to the position of Police Officer effective March 12, 2020. Item N 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 February 7, 2020 in the amount of $761,545.92 and February 14, 2020 in the amount of $852.270.44. Councilmember Scoggins moved, seconded by Councilmember Date, to approve the Consent Agenda items, with the Exception of Items J and K. Voting via voice: Andrea Date – aye Amy Scoggins – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Public Hearings A. Temporary Water Treatment Facility, Conditional Use Permit and Site and Building Plan, Project No. 09-2020- 00395 Mayor Burt declared the public hearing open and recognized City Planner Eric Searles to give the background. Mr. Searles explained the City of Woodbury had submitted an application for a Conditional Use Permit and a Site and Building Plan for the temporary water treatment facility. The facility was proposed to be constructed over the existing parking lot to the east of Tower Drive and north of Valley Creek Road. The property is zoned R-4, Urban Residential District and is guided as Public/Semi- Public on the Land Use Plan. At its January 8, 2020 meeting, the City Council took actions to expedite the construction of a temporary water treatment facility to treat up to four of the City’s seven water wells currently exceeding water quality standards and guidelines for per- and polyfluoroalkyl substances (PFAS). The 3M Company made PFAS at its Cottage Grove facility from the late 1940s until 2002. PFAS wastes were disposed of at multiple sites in Washington County. The source of the PFAS in Woodbury’s groundwater had been identified as these disposal sites. The Minnesota Department of Health has established health standards for PFAS and had issued health risk advisories on 7 of Woodbury’s 19 wells since 2017. The City has taken all seven of the wells out of service, and water delivered to customers continues to meet all state and federal water quality standards and guidelines. Temporary Treatment Facility The proposed design includes an up to 9,500 square feet facility which was sized to provide treatment for up to four of the impacted wells. The initial temporary treatment facility measured approximately 7,750 square feet and was designed to be expanded to 9,500 square feet. The intention is to construct the full 9,500 square foot building pending approval by the State of Minnesota. Page 3 of 8  City Council Meeting Minutes Wednesday, February 26, 2020 Tamarack Nature Preserve The Tamarack Nature Preserve is managed by the City of Woodbury in collaboration with the Ramsey-Washington Metro Watershed District. The Preserve is a 169-acre wetland surrounded by woodlands. Park development for the Tamarack Nature Preserve began in 1979 when the City completed a Master Plan of the area. The Master Plan was utilized to apply for state and federal grants to fund park development of the site. The plan was implemented from 1985 to 1987. The plan identified the citing of a water treatment facility within the general location of the proposed temporary treatment facility. Site Plan The proposed Site Plan was designed to limit impacts to the on-site wetlands, the existing park and trail network and the Tamarack Nature Preserve. The proposed building and drive lane were designed to allow for the weekly delivery of fluoride and chlorine. Also, every nine to fifteen months granular activated carbon filters would also be delivered to the site. The proposed Site Plan identified the construction of ten spaces with proof of parking for an additional ten spaces. Access to the park and trail network will be disturbed during construction, but will ultimately be provided in the same fashion that existed today. Wetlands There are two wetlands on site. The separate, southern wetland and significant tree mass to the east of the wetland were identified as barriers to locating the facility in the southern portion of the site. While tree removal would occur in the proposed location, the amount of tree removal would be significantly greater in the southern portion of the site. Furthermore, City staff and the Ramsey-Washington Metro Watershed District share a design goal to limit the creation of hard surfaces within closer proximity to the Tamarack Nature Preserve. The proposed design did not extend further east than the existing parking lot to meet the design goal. Architecture The maximum building height in the R-4, Urban Residential District is 40-feet with the proposed building measuring 36-feet. Significant efforts were made to minimize the height of the facility with only the minimal amount of clearance above the interior vessels being provided. The facility was proposed to be constructed of architectural precast panels which were recently used on the new Public Works buildings on the east and west side of Tower Drive. The project was also designed to utilize LED lighting to reduce visual impacts on surrounding properties. The building was carefully located to reduce visual impact of the structure on surrounding residential homes. Day and night architectural renderings of the proposed project were provided to the Council. A landscaping plan will be implemented to soften the visual presence of the facility. Planning Commissioner Jennifer Nowacki presented the findings by noting that the Planning Commission reviewed this application at their regular meeting on Tuesday, February 18, 2020. Residents expressed concerns about parking, citing of the building, and height of the building. Staff addressed each concern. The Planning Commission unanimously recommended approval. Mayor Burt moved, seconded by Councilmember Santini, to close the public hearing. Voting in Favor: Date, Scoggins, Morris, Santini, Burt Absent: None Mayor Burt opened opportunity for discussion and questions from the Council. Mayor Burt asked about the cutouts or windows in the upper portion of the building. Mr. Searles answered they were glass windows, but it was undetermined if they would be shaded or tinted. Councilmember Date asked about the long-term plan for the facility. Mr. Searles said staff had evaluated some opportunities for the future, but without a time frame it is difficult. The proof of parking was to allow for other future uses and the exterior material enabled the building to be relocated. Councilmember Date asked who will own the building once completed. Engineering Director Chris Hartzell said the consent order was both for constructing the facility as well as removal. He said it was a bit preliminary to be able to answer some questions about future use. Councilmember Morris asked staff to elaborate on the fencing. Mr. Searles explained the fencing plan was not established; however, the goal was to provide perimeter control. The material would be vinyl coated chain link at a minimum. Councilmember Morris asked if the lighting would be visible from the street level. Mr. Searles said there would be some level of light presence. The LED product was the best technology because the spill was limited, but neighbors would be able to see the lights. Mayor Burt asked about height of the lighting standards. Mr. Searles said the maximum height is 35-feet. Councilmember Santini asked if parking became a problem, would people be able to park on the street. Mr. Searles said there would be the ability to use the turn-around to access the proposed parking spaces. Page 4 of 8  City Council Meeting Minutes Wednesday, February 26, 2020 Councilmember Scoggins asked about access to the wetland during construction. Mr. Searles mentioned a site walk was planned for the following day. There would be signage to direct people. Mayor Burt was impressed that there was plan in place in the 1980s to put a water treatment facility in this location. She also noted the due diligence to preserve the wetland and as many trees as possible. Councilmember Scoggins moved, seconded by Councilmember Santini, To adopt the following resolution Resolution 20-40 Resolution of the City of Woodbury, Washington County, Minnesota adopting Findings of Fact for the Temporary Water Treatment Facility. Voting via voice: Andrea Date – aye Amy Scoggins – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Councilmember Scoggins moved, seconded by Councilmember Santini, to approve the Site and Building Plan, Project 09-2020-00395, all subject to the conditions as outlined in Council Letter 20-55. 1. A tree replacement and landscaping plan shall be reviewed and approved by the Environmental Division. The final landscaping plan shall include evergreen trees to soften the visual impact of the building. 2. Final building materials and designs shall be reviewed and approved by the Planning Department. Voting in Favor: Date, Scoggins, Morris, Santini, Burt Absent: None B. Assessment of CSAH 18 (Bailey Road) Management and Safety Project Mayor Burt declared the public hearing open and recognized Principal Engineer Ryan Hoefs to give the background. Mr. Hoefs explained the purpose for tonight was to hold the assessment hearing, present proposed assessments, accept written objections, and adopt the proposed resolutions. The public involvement and timeline for the project follows, public meetings for this project were led by Washington County in coordination with City Staff:  June 21, 2017, and July 27, 2017, neighborhood meetings were held to gather resident concerns and comments. A total of 115 residents attended those 2 meetings.  December 12, 2017, public open house was held to showcase project progress and development. Preliminary layouts were available for the 31 residents that attended.  March 21, 2018, Council Workshop update on project need and initial design.  April 4, 2018, Council approved Resolution of Support for the Bailey Road Management and Safety Project.  November 20, 2019, Council authorized preparation of the preliminary report and set the public improvement hearing.  December 11, 2019, Council ordered project, approved preliminary report, authorized preparation of plans and specs.  January 28, 2020, Construction bids were opened.  February 7, 2020, mailed Notice of Public Hearing on Assessments to all property owners proposed to be assessed.  February 12, 2020, Notice of Public Hearing on Assessments published in Woodbury Bulletin.  February 26, 2020, Council approval of cooperative agreement with Washington County.  March 10, 2020, Washington County will award project. Background Washington County and the City of Woodbury conducted a cooperative study to improve safety along CSAH 18 (Bailey Road) from 1- 494 to CSAH 19 (Woodbury Drive). This project widened Bailey Road from a two-lane roadway to a four-lane divided highway with a new roundabout, turn lanes and signal. Woodlane Drive would expand to a three-lane roadway with turn lanes. The City would enter into a cooperative agreement with Washington County to construct these improvements. The assessment payments could be paid in 30 days with no interest or payments could be made over 15 years at 3.0% interest. The first payment was due with the first half of property taxes in 2021. A Senior Deferral program was available. Mayor Burt read into the record a letter from Salem Lutheran Church, 7825 Bailey Road. Page 5 of 8  City Council Meeting Minutes Wednesday, February 26, 2020 Joel Burmeister, 1879 Carol Lane, Saint Paul, spoke on behalf of Salem Lutheran Church. He said the church was unclear how it was improved by the project as it no longer had access on Bailey Road. Mayor Burt moved, seconded by Councilmember Date, to close the public hearing. Voting in Favor: Date, Scoggins, Morris, Santini, Burt Absent: None Mayor Burt asked City Engineer Tony Kutzke to provide information on how the assessments were calculated. Mr. Kutzke explained the assessment amount proposed was based on a benefit appraisal. The calculated numbers for properties along major roads were often much higher based on the City’s assessment policy than the actual benefit. The benefit appraisals were conducted to ensure staff recommended the lower amount. The benefit appraiser looks at the appreciation to the property. Mr. Kutzke talked about safety and showed the traffic turns on a map. He added that Salem Lutheran had access to Bailey through a private driveway on a local street. Mayor Burt asked who completed the appraisals. Mr. Kutzke answered it was an independent appraiser. Councilmember Morris asked how the assessment appeal process worked. City Attorney Scott Riggs said the Council could revise the resolutions or approve the resolutions as proposed by staff. The written objection allowed Salem Lutheran to further appeal at district court level if it so desired. Councilmember Date said assessments were hard, but the City had a policy for a reason. It was important to treat every location fairly. Councilmember Scoggins said the appeal preserved their right to further the appeal and that was the best way. Councilmember Scoggins moved, seconded by Councilmember Santini, To adopt the following resolution Resolution 20-41 Resolution of the City of Woodbury, Washington County, Minnesota for the Assessment of CSAH 18 (Bailey Road) Management and Safety Project. Voting via voice: Andrea Date – aye Amy Scoggins – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye C. Action to be taken after Public Hearing Mayor Burt explained this Item was connected to Public Hearing Item B. Councilmember Scoggins moved, seconded by Councilmember Santini, To adopt the following resolution Resolution 20-42 Resolution of the City of Woodbury, Washington County, Minnesota approving the Cooperative Agreement for Construction Cost Share of CSAH 18 (Bailey Road) Management and Safety. Voting via voice: Andrea Date – aye Amy Scoggins – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Councilmember Scoggins moved, seconded by Councilmember Santini, Page 6 of 8  City Council Meeting Minutes Wednesday, February 26, 2020 To adopt the following resolution Resolution 20-43 Resolution of the City of Woodbury, Washington County, Minnesota approving the Cooperative Agreement between the Cooperative Agreement for Maintenance of CSAH 18 (Bailey Road) Management and Safety. Voting via voice: Andrea Date – aye Amy Scoggins – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Discussion A. Consent Agenda Item J. Approval of Liquor License Renewals, License Year April 1, 2020 through March 31, 2021 Councilmember Morris pulled this item due to a conflict of interest. Councilmember Santini moved, seconded by Councilmember Date, to approve the renewals of the liquor licenses of the businesses as listed on Council Letter 20-51 for the period of April 1, 2020 through March 31, 2021. Voting in Favor: Date, Scoggins, Santini, Burt Abstain: Morris Absent: None B. Consent Agenda Item K. Approval of Tobacco Sales License Renewals, License Year April 1, 2020 through March 31, 2021 Councilmember Morris pulled this item due to a conflict of interest. Councilmember Santini moved, seconded by Councilmember Date, to approve the renewals of the tobacco sales licenses of the businesses as listed on Council Letter 20-52 for the period of April 1, 2020 through March 31, 2021. Voting in Favor: Date, Scoggins, Santini, Burt Abstain: Morris Absent: None Transportation Report (2nd meeting of the month, May-October) No items scheduled Administrative Report City Administrator Clinton Gridley gave a verbal update of upcoming City meetings. Neighborhood Meeting, March 5, 2020 1. 2020 Roadway Rehabilitation Project Planning Commission Meeting, March 2, 2020 1. Raptor Substation, Planned Unit Development, Conditional Use Permit, Preliminary Plat, Site and Building Plan, Project No. 25-2019-00371 2. Fresh India, Site and Building Plan, Project No. 03-2020-00389 Council Meeting, March 18, 2020 1. Linn Retail Centers, Inc. dba Woodbury BP/Daily Express, 1569 Woodlane Drive, Off Sale 3.2% Malt Liquor License Page 7 of 8  City Council Meeting Minutes Wednesday, February 26, 2020 2. Draft 2020-2024 Consolidated Plan 3. Raptor Substation, Planned Unit Development, Conditional Use Permit, Preliminary Plat, Site and Building Plan, Project No. 25-2019-00371 4. Adoptions of Special Assessments for 2020 Roadway Rehabilitation Other Meetings 1. Parks and Natural Resources Commission, March 4th, 7:00 p.m., HealthEast Sports Center Adjournment Mayor Burt moved, seconded by Councilmember Morris, to adjourn the February 26, 2020 Regular City Council Meeting to a Council Workshop meeting at 8:27 p.m. Voting in Favor: Date, Scoggins, Morris, Santini, Burt Absent: None Respectfully submitted, Kimberlee K. Blaeser, City Clerk Approved by the Woodbury City Council on March 18, 2020 Page 8 of 8