City Council

Minutes Woodbury City Council Wednesday, April 22, 2020 Pursuant to the due call and notice thereof, a regular meeting was duly held virtually, due to COVID-19, on the 22 nd day of April 2020. Call to Order Mayor Anne Burt called the meeting to order at 7:30 p.m. Mayor Burt welcomed those listening. She said members of the public may join the meeting using a PC, Mac, iPad, iPhone or Android device. Public comments will be accepted during the meeting by using the link to the virtual meeting to join the meeting and then submit your questions via the online Q&A feature within the meeting. She reminded Councilmembers and staff to announce their title and name before commenting. Questions regarding the meeting were also taken between the hours of 8:00 a.m. to 4:30 p.m. via email council@woodburymn.gov or by calling 615-714-3524 and leaving a voicemail. 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 (joined at 7:39 p.m.), Amy Scoggins, Steve Morris, and Jennifer Santini. Absent: None Others Present: Kimberlee Blaeser, City Clerk; Clinton Gridley, City Administrator; Scott Riggs, City Attorney; Jennifer Torning, Investigative Technician; Chris Hartzell, Engineering Director; Janelle Schmitz, Community Development Director; and Lee Vague, Public Safety Director. Special Order of Business A. Peace Officers Memorial Day and Police Week Proclamation Mayor Burt read the Proclamation. Thank you to Police Officers especially during these trying times. 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 Date joined the meeting at 7:39 p.m. City Clerk Kimberlee Blaeser read the inquiry from Amanda Hemmingsen-Jaeger, 583 Eagle Ridge Road, in reference to the City Update article. She asked for an update about the current water situation. What kind of restrictions or bans should be expected for the summer? What was the likelihood that a boil water order will occur? Mayor Burt said they wanted to make the public aware that water restrictions may be needed. City staff and contractors are working very hard to get the temporary water treatment plant up and running. She said for immediate information be sure and sign up for the code red system. Ms. Blaeser read another inquiry from Mariah Neuharth, 1553 Headwaters Lane, regarding the City Update article announcing additional water restrictions. She said it wasn’t clear, but it seemed like the City could face additional restrictions and sudden significant drops in system pressure even after the temporary treatment facility is active. City Administrator Clinton Gridley answered that the City was deep in the process of building new capacity for the water system. Staff and contractors are working hard to get the temporary treatment facility up and running in order to avoid restrictions. However, the weather is an unknown so it was important to let residents know that restrictions are possible. He added that even with the facility, there could be demands higher than capacity. Ms. Neuharth added a comment asking if Bailey Nurseries and other agricultural industries are subject to additional water demands. Mr. Gridley explained that Bailey Nurseries are not connected to City water so restrictions will not affect independent businesses that have their own wells. Ms. Neuharth added another comment asking what hand watering referred to in the landscape watering ban. Mr. Gridley said the main focus is on irrigation systems. Hand watering is part, but the focus is primarily on non-attended irrigation of lawns and landscaping. Ms. Neuharth added another question asking how it was affecting local development projects and whether they could continue. She also asked as long as wells were down how could there be enough clean water supply to support the new construction. Mr. Gridley said the development process takes approximately two years. The water system has the capacity to handle  City Council Meeting Minutes Wednesday, April 22, 2020 development and there are plans to grow the system. The current time period is unique because of the per- and polyfluoroalkyl substances situation that cause the loss of seven wells. The biggest driver was the change in the state’s standards. From a development perspective, the recession will impact the number of applications coming in. Ms. Blaeser read an inquiry from Kim Wilson, 9146 Cambridge Alcove, asking if private wells were subject to the City’s watering restrictions. Mr. Gridley confirmed that private wells are part of the watering restrictions; however, private wells did not affect the City’s capacity. Ms. Blaeser read another inquiry from Ms. Neuharth that said at the State of the City address on February 21 st, Mayor Burt vaguely referred to a parallel path the City was taking in relation to assessing the water situation. She said it sounded like consultants were hired to conduct a study. What was the study? Was money from the 3M settlement used to fund the study? When can residents see the study? What was the response from the state agency who received the study? Mr. Gridley said there were two paths happening simultaneously. The State Co-Trustee path which is the Department of Natural Resources and the Minnesota Pollution Control Agency who are working on a conceptual drinking water supply plan. The State’s conceptual drinking water supply plan was still pending. The City of Woodbury has also evaluated our own water system and created a Water Master Plan. The draft Master Plan was presented to the Council at a previous Workshop. The Water Master Plan was paid for by the rate payers which was about $200,000. It was necessary so that when grant monies become available, the City had the ability to apply and to outline the treatment facilities that will serve the City for the long run. Ms. Blaeser read an inquiry from Adela Peskorz, 11255 Beechwood Drive, stating that the initial question asked about potential boiled water regulations. She asked for more information. Mr. Gridley explained if the City was unsuccessful in getting residents to cooperatively reduce water usage and water usage went too far in terms of capacity, the City could get to a place where a boil order is necessary. However, that was the most extreme situation that staff was working very hard to avoid. It was important for residents to know the worst-case scenario. Ms. Blaeser read another question from Ms. Neuharth asking why the settlement money was not used. Mr. Gridley explained the temporary treatment facility is being funded completely by the 3M Consent Decree Agreement. However, the City’s water analysis of the system was not reimbursed because it was a normal course of business for any entity. He went on to suggest that Ms. Neuharth contact City of Woodbury Utilities Manager Jim Westerman where she could have a more interactive conversation. Mayor Burt thanked all those who asked questions and thanked Mr. Gridley for his detailed answers. She also thanked staff for working so hard on this important issue. 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 – April 8, 2020 Item B To adopt the following resolution Resolution 20-88 Resolution of the City of Woodbury, Washington County, Minnesota authorizing staff to negotiate the final contract terms and authorize the Mayor and City Administrator to enter into a contract with TrailSource, LLC, to provide boardwalk replacement services at Tamarack Nature Preserve. Item C To adopt the following resolution Resolution 20-89 Resolution of the City of Woodbury, Washington County, Minnesota authorizing Municipal Support for Washington County’s 2020 Solicitation of Federal Funds through the Metropolitan Council’s Regional Solicitation Program for a separated multi-use trail on the south side of Valley Creek Road between Queens Drive and Tower Drive; and, To adopt the following resolution Resolution 20-90 Resolution of the City of Woodbury, Washington County, Minnesota authorizing Municipal Support for Washington County’s 2020 Solicitation of Federal Funds through the Metropolitan Council’s Regional Solicitation Program for a parking structure at the METRO Gold Line I-494 Park and Ride Station Page 2 of 6  City Council Meeting Minutes Wednesday, April 22, 2020 Item D To approve the revision of the designation of the City’s official 2020 newspaper from the Bulletin newspaper to the St. Paul Pioneer Press effective April 23, 2020. Item E To adopt the following resolution Resolution 20-91 Resolution of the City of Woodbury, Washington County, Minnesota appointing Samuel Reasoner as a Building Maintenance Technician in the Building Maintenance Division effective April 27, 2020. Item F To adopt the following resolution Resolution 20-92 Resolution of the City of Woodbury, Washington County, Minnesota appointing Marcus Fuller to the position of Public Service Worker in the Parks and Forestry Division effective April 27, 2020. Item G 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 April 3, 2020 in the amount of $1,499,490.55 and April 10, 2020 in the amount of $430,164.89. Councilmember Santini moved, seconded by Councilmember Scoggins, to approve the Consent Agenda items. City Clerk Kimberlee Blaeser noted that Councilmember Date could hear the meeting; however, everyone is unable to hear her. She asked for clarification on whether or not she can vote. City Attorney Scott Riggs agreed she could vote by comment via the Q&A feature within the virtual meeting. Voting via voice: Andrea Date – aye (by comment and announced by City Clerk Kimberlee K. Blaeser) Amy Scoggins – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Public Hearings No items scheduled Discussion A. Approval to Amend Chapter 4 Alcoholic Beverages, Article I, In General, Section 4-17 Fees; Term City Clerk Kimberlee Blaeser said in an effort to assist local businesses that hold an On Sale Liquor License and to support their efforts to re-open post-pandemic, staff has drafted an ordinance amendment giving the City the ability to provide pro rata refund to liquor license businesses who are required to be closed during the local and state emergency. Per City Code, upon written request, liquor license businesses may seek a pro rata share, based on the number of months the business ceases to conduct business of an annual license fee for a retail license, may be refunded to the licensee or to the licensee's estate if: (1) The business ceases to operate because of destruction or damage; (2) The licensee dies; (3) The business ceases to be lawful for a reason other than a license revocation; or (4) The licensee ceases to carry on the licensed business under the license. Ms. Blaeser further stated that due to the recent declaration of local and state emergency associated with the COVID-19 pandemic, an additional form of reimbursement is being added to the City code as follows: (5) The business ceases to operate because of a declared local, state or national emergency. A written request by the licensee is not required. She stated the City Attorney has reviewed the code amendment. elated to fiscal implications, it’s estimated refund of approximately $58,000 based on a two-month, March and April or eight weeks isolation period, and if extended could be more. Woodbury has forty-seven establishments which hold either an On-Sale Intoxicating including Sunday Sales; On Sale Wine and Beer, On Sale Brewer Taproom, and On Sale Culinary liquor licenses. On April 17th Governor Walt signed a bill which allowed restaurants closed for dine in to serve alcohol 0ff-sale on a limited basis through May 4 th. Staff recommends Council adopt the attached ordinance amending Chapter 4, Alcoholic Beverages, Article I, In General, Section 4-17 Fees; Term. Ms. Blaeser read a comment from Councilmember Date recommending the Council reimburse from March 17 th – April 17th. This would allow the City to reimburse immediately instead of waiting for an unknown date. Mayor Burt asked what that would mean in terms of issuing the refunds. Ms. Blaeser said per the Ordinance, refunds would be issued by the City based on local, state or national emergency that is still in effect; however, the Governor made a change to allow alcohol to be sold. It was up to the Council to vote on the Ordinance. The Council could also choose to make a second motion to reimburse partially for March 17 th – April 17th. Page 3 of 6  City Council Meeting Minutes Wednesday, April 22, 2020 Mayor Burt asked if there was a motion for the original amendment to the Ordinance. Councilmember Morris moved, seconded by Councilmember Santini, To adopt the following ordinance Ordinance 1980 Ordinance of the City of Woodbury, Washington County, Minnesota providing that the City Code be amended by amending Chapter 4, Alcoholic Beverages, Article I, In General, Section 4-17 Fees; Term. City Administrator Clinton Gridley clarified that Councilmember Date asked the motioner to amend the motion to the period of time from when the emergency began to the time when the new action of the State occurred. If approved, reimbursements would happen soon after Council adoption. If the Council was in favor of the current Ordinance, reimbursement would not happen until the emergency was over. Ms. Blaeser suggested the amendment language could read, “(5) The business ceases to be able to use their liquor license due to business restrictions because of local, state or national emergency. A written request by the licensee is not required.” She said with that amendment, staff would be able to issue the two-month reimbursement. Councilmember Morris expressed concern with the change because the Ordinance was written in a manner which is wide reaching. He supported getting the reimbursements out as quickly as possible, but did not want to change the Ordinance. He suggested adding language which said the reimbursements could be made on a monthly basis. Mr. Gridley said when the proposal was written it was planned to be a long-term permanent Ordinance change for future emergencies. He added that administratively, he would prefer to not do monthly reimbursements. Mayor Burt also liked the way the Ordinance amendment was written originally. Councilmember Santini agreed. She thought there was not anything in the Ordinance that would prevent the City from doing partial reimbursements. Ms. Blaeser read a comment from Councilmember Date stating the intent is to provide immediate relief. Councilmember Date further stated many businesses are not technically closed so the phrase “ceases to operate” is not completely accurate. She proposed a modification of “unable to use their liquor license”. Mr. Gridley suggested a two-check process. One for the period of time from when the emergency began to tonight’s action and a second when the emergency is over. Ms. Blaeser recommended voting on the current motion and then proposing a second motion. Mr. Gridley said the Ordinance was created before the most recent action of the Governor. He said the options were to table this item and direct it back to staff, to strike “ceasing operations” and say “businesses impacted” or to restrict it to the time period when the businesses ceased. Councilmember Scoggins liked the first option. City Attorney Scott Riggs said the robust discussion shows how everything is changing in real time with the pandemic. He suggested the broader the authority under the Ordinance would be the best-case scenario. He recommended a change that covered the Council’s concerns to say, “(5) If a business ceases to operate or is unable to fully utilize its license because of a declared local, state or national emergency. A written request by the licensee is not required.” It would broaden the authority and allow the Council to reimburse the fees in any of the ways it had discussed. Councilmember Morris agreed to the revised language amendment as stated, seconded by Councilmember Santini. Voting via voice: Andrea Date – abstained due to technical difficulties (by comment and announced by City Clerk Kimberlee K. Blaeser) Amy Scoggins – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Mayor Burt suggested the Council should wait on making a second motion since Councilmember Date is having technical difficulties. Mr. Gridley asked if staff could go back and have a conversation. He would then send a proposal and options for the Council to consider. He thought it could be handled administratively. Mayor Burt concurred. B. Approval to Amend Chapter 11, Licenses, Permits and Miscellaneous Business Regulations, Article I – License Background Checks; Article V Mobile Vendors and Article VI – Peddlers and Solicitors and Adding a new Article IV Investigative Technician Jennifer Torning talked about why the changes were needed. She said the City allowed people to do business while maintaining a balance of safety for residents. The changes provided guidelines and best practices. She provided the updates to Page 4 of 6  City Council Meeting Minutes Wednesday, April 22, 2020 the Ordinance. She defined solicitor, peddler and mobile vendor. The Ordinance amendment is based on the model policy that was established by the League of Minnesota Cities and takes into account recent precedents set by a court ruling in Bloomington on regulating solicitors. The Ordinance amendment has been reviewed by the City Attorney. Councilmember Morris moved, seconded by Councilmember Scoggins, To adopt the following ordinance Ordinance 1981 Ordinance of the City of Woodbury, Washington County, Minnesota providing that the City Code be amended by amending Chapter 11, Licenses, Permits and Miscellaneous Business Regulations, Article I – License Background Checks; Article V Mobile Vendors and Article VI – Peddlers and Solicitors and Adding a new Article IV. Voting via voice: Andrea Date – aye (by comment and announced by City Clerk Kimberlee K. Blaeser) Amy Scoggins – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Councilmember Morris moved, seconded by Councilmember Scoggins, to authorize staff to publish the Summary of Chapter 11, Licenses, Permits and Miscellaneous Business Regulations, Article I – License Background Checks; Article V Mobile Vendors and Article VI – Peddlers and Solicitors and Adding a new Article IV Ordinance in the City’s designated official newspaper. It should be noted that a printed copy of the entire Ordinance will be available for inspection by any person during the regular office hours at the City Administrator’s Office. Voting via voice: Andrea Date – aye (by comment and announced by City Clerk Kimberlee K. Blaeser) Amy Scoggins – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Transportation Report (2nd meeting of the month, May-October) No items scheduled Administrative Report City Administrator Clinton Gridley updated the Council on the City’s response to the COVID-19 pandemic. Mr. Gridley gave a verbal update of upcoming City meetings. Neighborhood Meeting 1. 2020 Roadway Rehabilitation project, April 27 (please refer to the mailed neighborhood meeting notice for information on how to access the meeting online) Planning Commission Meeting, May 4, 2020 1. CityPlace Healthcare Specialty Center, Site and Building Plan, Project No. 04-2020-00393 2. Briarcroft, Amended Planned Unit Development, Amended Preliminary Plat, Project No. 26-2020-00396 City Council Meeting, May 13, 2020 1. Briarcroft, Amended Planned Unit Development, Amended Preliminary Plat, Project No. 26-2020-00396 Other Meetings 1. Parks and Natural Resources Commission, May 12th, 7 p.m., HealthEast Sports Center Page 5 of 6  City Council Meeting Minutes Wednesday, April 22, 2020 Adjournment Councilmember Scoggins thanked the Information Technology Department for setting up the online meeting. She thought it went pretty smoothly. Councilmember Scoggins moved, seconded by Councilmember Santini, to adjourn the meeting at 8:53 p.m. Voting via voice: Andrea Date – aye (by comment and announced by City Clerk Kimberlee K. Blaeser) Amy Scoggins – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Respectfully submitted, Kimberlee K. Blaeser, City Clerk Approved by the Woodbury City Council on May 13, 2020 Page 6 of 6