City Council

Minutes Woodbury City Council Wednesday, March 18, 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 18th day of March 2020. Call to Order Mayor Pro Tem Scoggins 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: Councilmembers: Andrea Date, Amy Scoggins, Steve Morris, and Jennifer Santini. Absent: Mayor Anne Burt Others Present: Tony Kutzke, City Engineer; Mary Tietjen, City Attorney; Clinton Gridley, City Administrator; and Janelle Schmitz, Acting Community Development Director. Mayor Pro Tem Scoggins 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 A. 2019 Community Development Annual Report Acting Community Development Director Janelle Schmitz, acting on behalf of the Economic Development Commission Chair, presented the 2019 Community Development Annual Report. She began by recognizing two long-standing employees of the Community Development Department who retired: Dwight Picha, Community Development Director, and Bette Thomas, Administrative Assistant. Ms. Schmitz highlighted the main points from the report sharing that with an estimated population of 74,542, Woodbury is now the 8th largest City in Minnesota. 25,523 jobs were in Woodbury as of the second quarter of 2019 representing 28.7 percent of all jobs in Washington County. 695 new housing units were permitted in 2019 including 218 units of market rate apartments located near Hudson Road and Settlers Ridge Parkway adding to the diversity of housing stock. Seven new commercial buildings began construction. Commercial property owners reinvested more than $35 million in their properties and 49 new businesses opened during the year. Mayor Pro Tem Scoggins said 2019 was a really good year and she appreciated all of the businesses. Thanks to the Community Development Department for all of its work and the report. 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 – February 26, 2020 Item B To adopt the following resolution Resolution 20-44  City Council Meeting Minutes Wednesday, March 18, 2020 Resolution of the City of Woodbury, Washington County, Minnesota adopting Council Directive CD- PKREC-7.2 as revised on March 18, 2020 as the City’s Official Fee Assistance Policy effective March 19, 2020. Item C To approve the Fresh India Site and Building Plan, Project No. 03-2020-00389. Staff further recommends Council approve the Commerce Hill 8th Addition Final Plat, Project No. 03-2020-00390 with all approvals subject to the conditions as outlined in Council Letter 20-61. 1. All conditions of the original Planned Unit Development shall remain in full force and effect. 2. This approval does not include signs. A separate sign permit is required for all proposed signage. 3. Prior to the issuance of a building permit, a landscape financial security shall be submitted in accordance with the Zoning Ordinance. 4. All areas of the site, where practical, shall be sodded and maintained. 5. All HVAC and other ground mounted mechanical equipment shall be hidden from view with materials that match the materials and colors used on the building. 6. A rooftop parapet shall be required to screen any rooftop mechanical equipment. 7. Any future trash enclosures shall utilize wooden gates and shall be constructed on three (3) sides using the same materials and patterns used on the building. The location shall be approved by the Planning Division. 8. All freestanding light fixtures shall not exceed 25 feet in height measured from grade to the top of the fixture. The fixtures shall be shoebox style, sodium vapor, downward directed with flush lenses. Other than wash and decorative entry lighting, attached lighting shall be shoebox style, sodium vapor, downward directed with a flush lens. LED lighting fixtures may be used if the entire Commerce Hill development changes to LED. 9. 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. 10. A materials board shall be submitted to the City for review. 11. Prior to the issuance of a building permit, the Developer shall provide a snow removal and storage plan detailing how snowfalls will be accommodated on site. 12. The Applicant shall be financially responsible for 100 percent of all storm sewer, sanitary sewer and water main area and connection charges applicable to the property. 13. Heavy duty silt fence and adequate erosion control around the entire construction site shall be required and maintained by the Developer during construction to ensure that sediment and storm water does not leave the project site. 14. All disturbed boulevards shall be restored with sod. 15. All sanitary sewer, watermain and storm sewer facilities installed to accommodate the site are private and shall be the Developer’s responsibility for the design, installation, maintenance, repair, replacements, operation, protection, etc. All utility inspections shall be coordinated with the City’s Building Inspections Division. 16. The Developer shall be responsible for obtaining a land disturbance permit from the City’s Engineering Division prior to the commencement of any site activities as well as any necessary right-of-way permits. 17. The Developer shall be responsible for obtaining any other permits necessary from other agencies, Minnesota Pollution Control Agency (MPCA), South Washington Watershed District (SWWD), etc. prior to the start of any site activities. 18. The Developer shall be responsible for protecting the proposed on-site storm sewer infrastructure and components and any existing storm sewer from exposure to any and all stormwater runoff, sediments and debris during all construction activities. Temporary stormwater facilities shall be installed to protect the quality aspect of the proposed and existing stormwater facilities prior to and during construction activities. Maintenance of any and all temporary stormwater facilities shall be the responsibility of the Developer. 19. A Stormwater Pollution Preventive Plan (SWPPP) shall be included on the Grading and Erosion Control Plan along with Best Management Practices (BMPs) such as concrete washout area, temporary sediment basins, stabilization methods for exposed areas, etc. These BMPs shall be clearly identified on the plan. The plan shall include permitee and inspector contact information. 20. Prior to the issuance of a building permit final drainage, utility, and stormwater plans shall be approved by the Engineering Department. 21. Prior to issuance of a building permit, all retaining wall and fencing material shall be approved by the Planning staff in writing. 22. Final landscaping plan shall be approved by staff prior to the issuance of a building permit. Item D To adopt the following resolution Resolution 20-45 Resolution of the City of Woodbury, Washington County, Minnesota approving a Cobble Hill Subordination Agreement and authorizing the execution thereof. Item E To adopt the following resolution Resolution 20-46 Page 2 of 11  City Council Meeting Minutes Wednesday, March 18, 2020 Resolution of the City of Woodbury, Washington County, Minnesota authorizing the acquisition of 10150 Powers Lake Point in the amount of $1,060,000 and authorize the use of funds from the 2006 Parks and Open Space Referendum and Park Dedication Funds for the acquisition and costs associated with the transaction and authorize the necessary budget amendment and accounting transfers. Item F To adopt the following resolution Resolution 20-47 Resolution of the City of Woodbury, Washington County, Minnesota amending the 2020 budget and necessary funding source budgets for the CSAH 18 (Bailey Road) Management and Safety Project. Item G To adopt the following resolution Resolution 20-48 Resolution of the City of Woodbury, Washington County, Minnesota amending the 2020 Municipal State Aid (MSA) Roadway Construction Fund and Water and Sewer Utility Fund Budgets for the CSAH 19 (Woodbury Drive) and Local Roads Capacity and Safety Project. Item H To adopt the following resolution Resolution 20-49 Resolution of the City of Woodbury, Washington County, Minnesota authorizing HKGi, Inc., as the planning consultant for the Woodbury Bicycle and Pedestrian Plan and amending the budget for the 2020 Municipal State Aid Roadway Construction Fund. Item I To adopt the following resolution Resolution 20-50 Resolution of the City of Woodbury, Washington County, Minnesota supporting legislation that would authorize cities to collect infrastructure development fees for municipal street improvements as a necessary component of growth. Item J To adopt the following resolution Resolution 20-51 Resolution of the City of Woodbury, Washington County, Minnesota authorizing the Mayor and City Administrator to execute the METRO Gold Line Subordinate Funding Agreement #1 to the Master Funding Agreement between the City of Woodbury and the Metropolitan Council and amending 2020 budget in the amount of $42,300. Item K To adopt the following resolution Resolution 20-52 Resolution of the City of Woodbury, Washington County, Minnesota authorizing the Mayor and City Administrator to execute a contract with WSB & Associates, Inc., for final design engineering and construction administration for the Carver Lake Park Improvement Project in the amount of $94,600. Item L To adopt the following resolution Resolution 20-53 Resolution of the City of Woodbury, Washington County, Minnesota giving authority to the City Administrator to Implement Watering Restrictions before Established Firm Capacity Thresholds as authorized in Council Directive CD-ENGPW-4.4 and that authority remain in place until Emergency Declaration is lifted. Item M To adopt the following resolution Resolution 20-54 Resolution of the City of Woodbury, Washington County, Minnesota awarding a one-year Lease Agreement for farming of Valley Creek Park South and authorizing the Mayor and City Administrator to sign said lease agreement. Item N To adopt the following resolution Resolution 20-55 Resolution of the City of Woodbury, Washington County, Minnesota approving various carryovers to the 2020 budget. Page 3 of 11  City Council Meeting Minutes Wednesday, March 18, 2020 Item O 1. To approve the Joint Powers Agreement between Washington County Sheriff’s Office and the City of Woodbury to Provide the CodeRED Emergency Notification System 2. To adopt the following resolution Resolution 20-56 Resolution of the City of Woodbury, Washington County, Minnesota approving a joint powers agreement with Washington County Sheriff’s Office for CodeRED. Item P To adopt the following resolution Resolution 20-57 Resolution of the City of Woodbury, Washington County, Minnesota amending Council Directive CD- ADMIN-1.8 Use of Public Funds and renaming the policy to Public Purpose Expenditures Policy. Item Q To adopt a motion renewing the liquor licenses of the businesses as listed on the attachment to Council Letter 20-75 for the period of April 1, 2020 through March 31, 2021. Item R To adopt the following resolution Resolution 20-58 Resolution of the City of Woodbury, Washington County, Minnesota approving a Memorandum of Understanding between the City of Woodbury and the International Union of Operating Engineers, Local No. 49. Item S 1. To adopt the following resolution Resolution 20-59 Resolution of the City of Woodbury, Washington County, Minnesota appointing Erik Carlson to the position of Public Service Worker effective March 23, 2020. 2. To adopt the following resolution Resolution 20-60 Resolution of the City of Woodbury, Washington County, Minnesota amending the 2020 Water and Utility Fund Budget accordingly. Item T To adopt the following resolution Resolution 20-61 Resolution of the City of Woodbury, Washington County, Minnesota appointing Terry Hybicki to the position of Administrative Assistant effective April 6, 2020. Item U 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 21, 2020 in the amount of $1,367,526.88, February 28, 2020 in the amount of $532,633.18 and March 6, 2020 in the amount of $1,832,123.25. Councilmember Santini moved, seconded by Councilmember Date, to approve the Consent Agenda items. Voting via voice: Andrea Date – aye Amy Scoggins – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – absent Swearing in of New Police Officer Luke Taschuk City Administrator Clinton Gridley stated that the Swearing in of New Police Officer Luke Taschuk is postponed due to COVID-19. Public Hearings A. Linn Retail Centers, Inc. dba Woodbury BP/Daily Express, 1569 Woodlane Drive, Off Sale 3.2 Percent Liquor License Mayor Pro Tem Scoggins declared the public hearing open and recognized City Administrator Clinton Gridley to give the background. Page 4 of 11  City Council Meeting Minutes Wednesday, March 18, 2020 Mr. Gridley explained Linn Retail Centers, Inc. dba Woodbury BP/Daily Express has submitted an application for an off sale 3.2 percent liquor license for their establishment located at 1569 Woodlane Drive. The owners/officers are as follows: Stephen Linn – 41 percent, Jeffrey Linn – 34 percent, and Amy Dumonceaux – 25 percent. A criminal history check was conducted and no violations were found. The corresponding fees were paid. A meeting is to be scheduled with the General Manager to discuss the City’s Protect Your Business manual. The City Attorney has reviewed and approved the application. Staff recommends the Council approve issuing an off sale 3.2 percent liquor license to Linn Retail Centers, Inc. dba Woodbury BP/Daily Express for their establishment located at 1569 Woodlane Drive, effective April 1, 2020. Amy Dumonceaux, 18406 Loyola Street NE, Forest Lake, stood for questions. Councilmember Santini moved, seconded by Councilmember Date, to close the public hearing. Voting in Favor: Date, Scoggins, Santini Absent: Burt Abstain: Morris Mayor Pro Tem Scoggins opened opportunity for discussion and questions from the Council. Councilmember Santini moved, seconded by Councilmember Date, to approve issuing an off sale 3.2 percent liquor license to Linn Retail Centers, Inc. dba Woodbury BP/Daily Express for their establishment located at 1569 Woodlane Drive, effective April 1, 2020. Voting in Favor: Date, Scoggins, Santini Absent: Burt Abstain: Morris B. Sushi 888, Inc. dba Akita Sushi, 779 Bielenberg Drive, Suite 106, On Sale Intoxicating Liquor License including Sunday Sales Mayor Pro Tem Scoggins declared the public hearing open and recognized City Administrator Clinton Gridley to give the background. Mr. Gridley explained Akita Woodbury, Inc. dba Akita Sushi located at 779 Bielenberg Drive, Suite 106 will be sold to Sushi 888, Inc. dba Akita Sushi. As a result, Sushi 888, Inc. dba Akita Sushi has submitted an application for an on sale intoxicating liquor license including Sunday sales. The owners/officers are as follows: Fei Ye – 25 percent, Mei Qiu – 25 percent, and Ai Lin – 50 percent. A criminal history check was conducted and no violations were found. The corresponding fees were paid. A meeting is to be scheduled with the General Manager to discuss the City’s Protect Your Business manual. The City Attorney has reviewed and approved the application. Staff recommends the Council approve an on sale intoxicating liquor license including Sunday sales to Sushi 888, Inc. dba Akita Sushi located at 779 Bielenberg Drive, Suite 106 effective April 1, 2020. Councilmember Date moved, seconded by Councilmember Santini, to close the public hearing. Voting in Favor: Date, Scoggins, Morris, Santini Absent: Burt Mayor Pro Tem Scoggins opened opportunity for discussion and questions from the Council. Councilmember Date moved, seconded by Councilmember Santini, to approve an on sale intoxicating liquor license including Sunday sales to Sushi 888, Inc. dba Akita Sushi located at 779 Bielenberg Drive, Suite 106, effective April 1, 2020. Voting in Favor: Date, Scoggins, Morris, Santini Absent: Burt C. Raptor Substation, Planned Unit Development, Conditional Use Permit, Preliminary Plat, Site and Building Plan, Project No. 25-2019-00371 and Raptor Substation, Final Plat, Project No. 25-2019-00376 Mayor Pro Tem Scoggins declared the public hearing open and recognized Acting Community Development Director Janelle Schmitz to give the background. Ms. Schmitz explained that Northern States Power Company (Xcel Energy) has submitted an application for Planned Unit Development, Conditional Use Permit, Preliminary Plat, Final Plat and Site and Building Plan for a new electric distribution substation. The applicant is requesting approval of an eight-acre substation and private two-way communication tower to be located east of Cottage Grove Drive and south of Bailey Road. The property is currently zoned R-1, Urban Reserve District and is guided as Low Density Residential on the Land Use Plan. Page 5 of 11  City Council Meeting Minutes Wednesday, March 18, 2020 Ms. Schmitz talked about the electrical infrastructure needs of the City, showed site photos, discussed stormwater management, and showed possible views of the site in 10 years. Ms. Schmitz explained a Planning Commission meeting was held on March 2nd; however, due to COVID-19 a Planning Commission member was not in attendance at this meeting to present their findings. She shared the Planning Commission review, concerns, and recommendation of unanimous approval. Councilmember Date moved, seconded by Councilmember Santini, to close the public hearing. Voting in Favor: Date, Scoggins, Morris, Santini Absent: Burt Mayor Pro Tem Scoggins opened opportunity for discussion and questions from the Council. Councilmember Morris moved, seconded by Councilmember Santini, To adopt the following resolution Resolution 20-62 Resolution of the City of Woodbury, Washington County, Minnesota adopting findings of fact for Raptor Substation, Project No. 25-2019-00371. Voting via voice: Andrea Date – aye Amy Scoggins – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – absent Councilmember Morris moved, seconded by Councilmember Santini, to adopt a motion approving the Raptor Substation Planned Unit Development (PUD), Preliminary Plat and Site and Building Plan, Project No. 25-2019-00371. Voting in Favor: Date, Scoggins, Morris, Santini Absent: Burt Councilmember Morris moved, seconded by Councilmember Santini, to adopt a motion approving the Raptor Substation Final Plat, Project No. 25-2019-00376 all subject to the conditions as outlined in Council Letter 20-81. 1. The PUD and CUP approval shall expire one (1) year from the date of City Council approval unless a building permit has been requested or a time extension has been granted. 2. The Preliminary Plat approval shall expire six (6) months from the date of the City Council approval unless a Final Plat has been requested or a time extension granted by the City Council. 3. The Final Plat shall be approved by the City Council and released for recording prior to the issuance of a building permit. The Final Plat shall memorialize all necessary drainage and utility easements, right-of-way dedication and the like. 4. Prior to the issuance of a land disturbance permit all grading and stormwater plans shall be reviewed and approved by the Engineering Division. 5. Prior to the issuance of a building permit, the landscape plan shall be reviewed and approved by the Planning Division. 6. Prior to the issuance of a building permit, the Applicant shall submit a landscaping security in a cash amount according to ordinance requirements. 7. Prior to the issuance of a Land Disturbance Permit, the Applicant shall execute an approved Operations and Maintenance Plan for all onsite infrastructure. 8. No exterior storage, besides what is approved in this application, shall be permitted on the property. 9. The fence shall be maintained in good condition in accordance with City Ordinance. 10. The system and pollinator grasses shall be maintained in good condition at all times. The operator and property owner shall ensure all structures do not accumulate rust or structural damage. 11. Prior to the issuance of a building permit, the berms shall be fully installed onsite. 12. Heavy duty silt fence and adequate erosion control around the entire construction site shall be required and maintained by the Developer during construction to ensure that sediment and stormwater does not leave the project site. 13. The Applicant shall be responsible for protecting the proposed on-site storm sewer infrastructure and components and any existing storm sewer from exposure to any and all stormwater runoff, sediments and debris Page 6 of 11  City Council Meeting Minutes Wednesday, March 18, 2020 during all construction activities. Temporary stormwater facilities shall be installed to protect the quality aspect of the proposed and existing stormwater facilities prior to and during construction activities. Maintenance of any and all temporary stormwater facilities shall be the responsibility of the Developer. 14. This project shall require a General Stormwater Permit from the MPCA since more than one acre of land will be disturbed. In addition, a Stormwater Pollution Preventive Plan (SWPPP) shall be included on the Grading and Erosion Control Plan along with Best Management Practices (BMPs) such as concrete washout area, temporary sediment basins, stabilization methods for exposed areas, etc. These BMPs shall be clearly identified on the plan. The plan shall include permitee and inspector contact information. 15. All disturbed boulevards shall be restored with sod. The Developer/property owner shall mow and maintain to the curb of all public streets when directed by the City. 16. All storm sewer facilities installed to accommodate the site are private and shall be the Developer’s responsibility for the design, installation, maintenance, repair, replacements, operation, protection, etc. All utility inspections shall be coordinated with the City’s Building Inspections Division. 17. The Applicant shall be responsible for obtaining a Land Disturbance Permit from the City’s Engineering Department prior to the commencement of any site activities as well as any necessary right-of-way permits. 18. The Developer shall be responsible for obtaining any other permits necessary from other agencies, MPCA, Watershed, and Washington County etc. prior to the start of any site activities. 19. If permanent restroom facilities are located onsite, said facilities shall be fully screened from view. Voting in Favor: Date, Scoggins, Morris, Santini Absent: Burt Mayor Pro Tem Scoggins mentioned she had attended the Planning Commission meeting and the Council workshop on this item. She thought staff did a really good job addressing all of the concerns. She was glad to see it come in ahead of the development. D. Draft 2020-2024 Consolidated Plan Mayor Pro Tem Scoggins declared the public hearing open and recognized Assistant Community Development Director Janelle Schmitz to give the background. Ms. Schmitz explained the City receives federal funds from the U.S. Department of Housing and Urban Development via the Community Development Block Grant and the HOME Investments Partnerships Program. Every five years, the U.S. Department of Housing and Urban Development requires the City to create a five-year consolidated plan that includes a market assessment, needs analysis, information about homelessness and public housing and more. She discussed the program’s national objectives, timeline, and high funding priorities. Ms. Schmitz shared the proposed PY20 Housing and Park Investments including Menomini Park rehab, first-time homeownership program loans, and project administration. Staff recommends Council adopt a motion opening a public comment period regarding the draft 2020-2024 Consolidated Plan and its 2020 Annual Action Plan opening on March 19, 2020 and closing on May 4, 2020. Councilmember Santini moved, seconded by Councilmember Date, to close the public hearing. Voting in Favor: Date, Scoggins, Morris, Santini Absent: Burt Mayor Pro Tem Scoggins opened opportunity for discussion and questions from the Council. Councilmember Morris asked how residents could submit comments on the plan especially if the community meeting is cancelled due to COVID-19. Ms. Schmitz said that residents can call or email Karl Batalden, the city’s Community Development Coordinator. Councilmember Date asked when the last time Menomini Park was rehabilitated and how often the census tracks are determined. City Administrator Clinton Gridley said the park was very old and that the equipment has not been updated in maybe 15 – 20 years and the census tracks are determined every ten years. Councilmember Santini asked if this was the park that has potential for stormwater management as part of the METRO Gold Line. Mr. Gridley confirmed. Councilmember Santini moved, seconded by Councilmember Date, to adopt a motion opening a public comment period regarding the draft 2020-2024 Consolidated Plan and its 2020 Annual Action Plan opening on March 19, 2020 and closing May 4, 2020. Voting in Favor: Date, Scoggins, Morris, Santini Absent: Burt Page 7 of 11  City Council Meeting Minutes Wednesday, March 18, 2020 E. Adoption of Special Assessment for 2020 Roadway Rehabilitation Project Mayor Pro Tem Scoggins declared the public hearing open and recognized City Engineer Tony Kutzke to give the background. Mr. Kutzke explained this hearing was for the adoption of Special Assessments for the 2020 Roadway Rehabilitation Project. He discussed the public process, assessment amounts, estimated project costs, City funding sources, assessment payments, and proposed schedule. Staff recommends Council adopt a resolution approving the special assessments for the 2020 Roadway Rehabilitation Project. Councilmember Santini moved, seconded by Councilmember Date, to close the public hearing. Voting in Favor: Date, Scoggins, Morris, Santini Absent: Burt Mayor Pro Tem Scoggins opened opportunity for discussion and questions from the Council. Councilmember Santini asked if schools are included in the assessment. Mr. Kutzke said they are. The Match and Science Academy was included in this assessment. Councilmember Morris noted an email received from a resident that asked the Council to put the project on hold due to the current economic situation involving COVID-19. Mr. Kutzke explained staff continued with tonight’s hearing because there was not adequate time to notify people of cancelling the hearing as COVID-19 situation developed into recommendations including social distancing. As far as delaying the project, there are a lot of unknowns. Mr. Kutzke talked about possible issues with delaying and noted the first assessment payment was not due until March, 2021 with the regular property tax payment. Councilmember Morris asked of the bids are locked in or if there was a possibility of taking advantage of a potentially different economic situations. Mr. Kutzke said there are economic escalations such as fuel, but the overall cost cannot be reduced. City Administrator Clinton Gridley mentioned that if the Council rejected the bids in order to rebid it can change who will bid on the project. Councilmember Date said the bids are favorable. She was not in favor of delaying the project with all the work spent so far. She was also in favor of keeping people employed. Councilmember Morris agreed that a delay did not seem prudent. Councilmember Santini said her home was part of this assessment. Her road was not significantly bad, but waiting can lead to quickly deteriorating roads. Mayor Pro Tem Scoggins remembers when projects were delayed due to difficult economic times and how bad the roads got. She asked if there was anyway to reevaluate the interest rate. Mr. Gridley said Council can refer that piece of the assessment back to staff. He thought it was a good idea to research and bring back a recommendation. He recommended a motion to proceed with an amendment to refer the interest rate calculation back to staff. Councilmember Date asked about residents who paid in person. Mr. Kutzke said right now staff recommended mailing the payment. Councilmember Date moved, seconded by Councilmember Morris, to adopted the following resolution conditioned upon staff review of the interest rate for special assessments for the 2020 Roadway Rehabilitation Project and returning to the March 25, 2020 City Council meeting for review by the City Council To adopt the following resolution Resolution 20-63 Resolution of the City of Woodbury, Washington County, Minnesota approving the special assessment for the 2020 Roadway Rehabilitation Project Voting via voice: Andrea Date – aye Amy Scoggins – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – absent Page 8 of 11  City Council Meeting Minutes Wednesday, March 18, 2020 F. Action to be taken after Public Hearing – 2020 Roadway Rehabilitation Project Councilmember Date moved, seconded by Councilmember Morris, To adopt the following resolution Resolution 20-64 Resolution of the City of Woodbury, Washington County, Minnesota awarding the construction contract to OMG Midwest dba MN Paving Materials in the amount of $2,516,688.18 and amending the 2020 Budget for the 2020 Roadway Rehabilitation Project. Voting via voice: Andrea Date – aye Amy Scoggins – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – absent Councilmember Date moved, seconded by Councilmember Morris, To adopt the following resolution Resolution 20-65 Resolution of the City of Woodbury, Washington County, Minnesota amending the Street Reconstruction/Maintenance, Storm Water Utility and Water and Sewer Utility Funds Budgets for the 2020 Roadway Rehabilitation Project. Voting via voice: Andrea Date – aye Amy Scoggins – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – absent Discussion A. Adjourn to Closed Session Mayor Pro Tem Scoggins stated that pursuant to the provisions of Minnesota State Statute section 13(d).05 Subdivision 3b, and based on the advice of the City Attorney, she recommended that the City Council hold a closed City Council meeting. The matter to be discussed is a personnel issue. The reason for this City Council action to close the meeting results from the City Council’s conclusion that a balancing of the purposes of Attorney – Client Privilege for candid legal counsel advise and discussion of litigation strategy against the purposes of the open meeting law and open dissemination of information demonstrates the need for absolute confidentiality as to this matter. The Council will provide a report of the closed session at its next regular meeting on April 8, 2020. Councilmember Santini moved, seconded by Mayor Pro Tem Scoggins, to hold a City Council closed meeting for the purposes previously stated. Voting in Favor: Date, Scoggins, Morris, Santini Absent: Burt Mayor Pro Tem Scoggins adjourned the meeting at 8:39 p.m. Mayor Pro Tem Scoggins reconvened the meeting at 8:50 p.m. Councilmember Morris moved, seconded by Councilmember Santini, To adopt the following resolution Resolution 20-66 Page 9 of 11  City Council Meeting Minutes Wednesday, March 18, 2020 Resolution of the City of Woodbury, Washington County, Minnesota approving non disciplinary removal from employment of Robert Barr, Public Service Worker, effective March 18, 2020. Voting via voice: Andrea Date – aye Amy Scoggins – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – absent B. Leave Associated with an Infectious Disease Emergency City Administrator Clinton Gridley said authorization from the Council is requested for delegation to the City Administrator regarding matters of employee leave related to an infectious disease emergency. In usual cases, matters involving employee benefits or leave remain fully under the Council’s direction and are usually addressed through City Code or Council directives. However, the steps that are currently recommended to address the COVID-19 pandemic required a delegation of some leave authority to the City Administrator to address City operations and the health and safety of the City’s employees and customers. Mr. Gridley reviewed the considerations being proposed including alternative schedule and remote work, special leave, care for non-qualified dependents with an infectious disease, care for qualified dependents with school/day care interruptions, travel and conference attendance and other unpaid leave of absence. At the end of the emergency declaration, the special leave policy will no longer be available. Staff recommends the Council adopt AD-ADMIN-1.63, the Leave Associated with an Infectious Disease Emergency Administrative Directive. The policy is a good balance with the current sick leave program to broaden its use. Councilmember Date thanked staff for pulling this together. She noted the policy uses “infectious disease” which will not limit the use to COVID-19. Mr. Gridley said the use of infectious disease is chosen purposefully so the policy can live on for future needed use; however, it is restricted to an emergency declaration. Councilmember Morris asked about employees who may self-quarantine for personal reasons. He thought as recommended by a medical provider should be added. Mr. Gridley liked the idea of adding medical provider. He also noted that is the purpose of allowing negative 80 hours of sick leave. The most important aspect is that the City be able to track all of it. The employees will also be required to sign a statement. Councilmember Date said taking care of the employees is important, but she also wanted the language to be clear to encourage other options such as working from home. Councilmember Santini noted that working hours may look different for employees working from home. Mr. Gridley noted the Council will be conducting its next workshop remotely as a test for future Council meetings. He added the City will not be able to maintain the same productivity. Councilmember Morris mentioned the need for a quorum for the Council. City Attorney Mary Tietjen addressed some of these issues. She said under state law the presiding officer of the body can make a determination that meetings be held by electronic means. Mayor Pro Tem Scoggins moved, seconded by Councilmember Date, to adopt AD-ADMIN-1.63, the Leave Associated with an Infectious Disease Emergency Administrative Directive, amended to add medical provider to 2. Special Leave and to add “During times of declared emergency” to 4. Care for Qualified Dependents with School/Day Care Interruptions. Voting in Favor: Date, Scoggins, Morris, Santini Absent: Burt Transportation Report (2nd meeting of the month, May-October) No items scheduled Administrative Report City Administrator Clinton Gridley said staff is monitoring the impacts of COVID-19 making appropriate adjustments to City operations. The situation is fluid. City Hall and Public Works were closed at the close of business earlier today. The City had also closed Central Park. However, City staff continued to be available by phone or email. He encouraged everyone to continue checking the City’s website for updates. He stated that the following meetings are cancelled: Audit and Investment Commission, March 30th Planning Commission, April 6th Page 10 of 11  City Council Meeting Minutes Wednesday, March 18, 2020 Parks and Natural Resources Commission, April 7th and May 5th The status of future advisory commission meetings and City Council meetings will be determined later. The City is exploring online options. Adjournment Councilmember Morris moved, seconded by Councilmember Date, to adjourn the meeting at 9:29 p.m. Voting in Favor: Date, Scoggins, Morris, Santini Absent: Burt Respectfully submitted, _________________________________________ Kimberlee K. Blaeser, City Clerk Approved by the Woodbury City Council on April 8, 2020 Page 11 of 11