City Council

Minutes Woodbury City Council Wednesday, May 27, 2020 Pursuant to the due call and notice thereof, a regular meeting was duly held virtually and at the Woodbury City Hall, 8301 Valley Creek Road, due to COVID-19, on the 27th day of May 2020. Call to Order Mayor Anne Burt called the meeting to order at 7:30 p.m. Mayor Burt welcomed those listening. She explained that tonight’s meeting is being held virtually and at the Woodbury City. Members of the public are welcome to attend the meeting at city hall but will be required to comply with social distancing parameters as determined by the City. She further stated that members of the public may also join the meeting using a PC, Mac, iPad, iPhone or Android device. Mayor Burt explained public comments will be accepted during the meeting both in person and 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. Questions regarding the meeting will also be taken between the hours of 8:00 a.m. to 4:30 p.m. via email council@woodburymn.gov or call 651-714-3524 and leave a voicemail message. 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. Absent: None Others Present: Kimberlee Blaeser, City Clerk; Clinton Gridley, City Administrator; Janelle Schmitz, Community Development Director; Christopher Hartzell, Engineering Director; Eric Searles, City Planner; City Attorney, Scott Riggs. 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 and give the sign-up sheet to any staff person, or may also submit a question or comment virtually via the Q&A chat feature on the right side of the live event screen. Please provide your name and address with your question for the official record. 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 – May 13, 2020  City Council Meeting Minutes Wednesday, May 27, 2020 Item B To adopt the following resolution Resolution 20-113 Resolution of the City of Woodbury, Washington County, Minnesota authorizing the approval of grant extension and contract amendment to the $125,000 Grant from the Minnesota Department of Natural Resources’ Federal Recreational Trails Program to the City of Woodbury Parks and Recreation Department for the Carver Lake Bicycle Playground. Item C To approve the Arbor Ridge, Final Plat, Project No. 29-2020-00391 and authorize the Mayor and City Administrator to execute the Development Agreement with all approvals subject to the conditions as outlined in Council Letter 20- 139. 1. All conditions of Planned Unit development and Preliminary Plat approval shall remain in full force and effect. 2. The Final Plat shall include all necessary easements to match the utility plans being prepared by the City’s consultant engineer. 3. The final street names shall be reviewed and approved by the Chief Building Official. 4. The Final Plat approval shall be contingent on meeting all required findings of Section 21-16 of the Woodbury City Code. This includes participation for public infrastructure including storm sewer, water, sanitary and private construction of Hargis Parkway to Woodlane Drive. 5. The Developer shall be financially responsible for 100 percent of all storm sewer, sanitary sewer and water main area and connection charges applicable to the property. These charges are identified in a preliminary report prepared for the project and shall be in the Development Agreement. 6. Plat approval and release shall be conditional on adherence to all requirements of the city attorney, including, but not necessarily limited to, any express requirements contained in the city attorney’s plat opinion. 7. All permanent easements and rights-of-way (ROW) necessary for existing and proposed street and utility improvements within the plat boundary shall be granted to the City at no cost or paid for by the Developer. 8. All standard front, rear and side yard lot easements shall be shown on the plat. Standard front and rear yard easements are 10 feet and side yard easements are five feet. Where public utilities are adjacent to side or rear lot lines, easements shall be a minimum of 10 feet wide on each side of the lot line. If the utilities are deeper than 10 feet, the easement width for each lot is calculated at a 1:1 depth-to-width ratio from the centerline of the utility. The easement width must then be adjusted to the nearest five-foot increment. If additional easements are not provided, then the layout of the watermain shall be adjusted. 9. The Developer shall receive written approval that all obligations have been completed prior to dedicating all outlots. Any and all future tax obligations shall be paid by the Developer. 10. The Final Plat shall be recorded prior to issuance of a building permit. Item D To approve the Howard’s Haven, Final Plat, Project No. 15-2020-00403, subject to the conditions as outlined in Council Letter 20-140. 1. All conditions of the preliminary plat should remain in full effect. 2. The Final Plat shall include all necessary easements to match the utility plans being prepared by the City’s consultant engineer. 3. The Developer shall be financially responsible for 100 percent of all storm sewer, sanitary sewer and water main area and connection charges applicable to the property. 4. All standard front, rear and side yard lot easements shall be shown on the plat. Standard front and rear yard easements are 10 feet and side yard easements are five feet. Where public utilities are adjacent to side or rear lot lines, easements shall be a minimum of 10 feet wide on each side of the lot line. If the utilities are deeper than 10 feet, the easement width for each lot is calculated at a 1:1 depth-to-width ratio from the centerline of the utility. The easement width must then be adjusted to the nearest five-foot increment. If additional easements are not provided, then the layout of the watermain shall be adjusted. 5. The Final Plat shall be recorded prior to issuance of a building permit. 6. Plat approval and release shall be conditional on adherence to all requirements of the city attorney, including, but not necessarily limited to, any express requirements contained in the city attorney’s plat opinion. Item E To adopt the following resolution Resolution 20-114 Resolution of the City of Woodbury, Washington County, Minnesota authorizing to participate in the Performance Measurement Program established by the State of Minnesota and the Council on Local Results and Innovation. Page 2 of 5  City Council Meeting Minutes Wednesday, May 27, 2020 Item F To adopt the following ordinance Ordinance 1982 Ordinance of the City of Woodbury, Washington County, Minnesota providing that the City Code be amended by amending Chapter 2 Administration, Article V Personnel Divisions 3 Employee Benefits – Section 2-241 Sick Leave; Section 2-249 Leave without Pay for Employees. Item G Authorization of Regulatory Flexibility to Support Local Businesses. This item was pulled from the Consent Agenda and moved to discussion. Item H 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 May 8, 2020 in the amount of $1,594,628.19 and May 15, 2020 in the amount of $586,649.48. Councilmember Scoggins moved, seconded by Councilmember Date, to approve the Consent Agenda items, with the Exception of Item G. Voting via voice: Andrea Date – aye Amy Scoggins – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Public Hearings No items scheduled Discussion A. Consent Agenda Item G. Authorization of Regulatory Flexibility to Support Local Businesses Mayor Burt pulled this item for discussion. She thought it was an important item to highlight. Community Development Director Janelle Schmitz shared that on May 20, 2020, Governor Walz issued an executive order which allowed restaurants to open on June 1st with outdoor service only. Under the order, businesses are required to have a plan in place to safely reopen to the public that reflects social distancing requirements and complies with limits imposed on the number of customers that may be served at one time in outdoor settings only. It is anticipated that businesses will need to add additional outdoor dining spaces to accommodate customers while complying with the executive orders. If a restaurant does not currently have an outdoor dining area, their liquor license must be amended to include a provision authorizing exterior consumption of alcohol. State law also requires appropriate insurance be provided. Historically the City Council would review applications for amendments to liquor licenses to include outdoor consumption; however, the attached resolution would temporarily authorize City staff to administratively approve requested amendments. The proposed resolution further authorizes the use of right-of-way or other public lands for expansion of patio seating following execution of a license agreement with the City. Again, historically the license agreements have been reviewed by the City Council and the proposed resolution would temporarily authorize staff to administratively execute the necessary agreements. Ms. Schmitz talked about next steps. She said for requests to expand outdoor dining areas intending to begin operation on June 1 st, the City will utilize the existing ordinance. A temporary outdoor event permit is needed prior to public occupancy. Staff recommends adoption of the proposed resolution to support viability of local businesses, safely maximize the number of customers, and exercise creativity encouraged by the Governor. Mayor Burt said it was important to be clear on the process for businesses. She asked if a restaurant had a liquor license and patio, but wanted to expand what would their next steps be. Ms. Schmitz said if a business currently has a liquor license that applies to outdoors it was okay to proceed as long as it had worked with the Fire Department in terms of occupancy load. If a business wanted to expand the outdoor area it will need to work the Planning Department and Code Enforcement staff to revise its outdoor event permit. Mayor Burt asked for the point of contact and a location for instructions. Ms. Schmitz said questions on liquor licenses should go to the City Clerk’s office and questions on patios should go to the Planning and Code Enforcement. City Administrator Clinton Gridley said staff would work on a clear and concise document that provided all of that information and simple steps. The authorization provided City staff the ability to speed up the process. The information would be on the City’s website. He added staff had notified the Chamber of Commerce and it was appreciative of the steps that had been taken. Page 3 of 5  City Council Meeting Minutes Wednesday, May 27, 2020 Mayor Burt asked about businesses that did not hold liquor licenses, but wanted to expand to outdoor seating. Ms. Schmitz said that any outdoor area questions should be directed to Senior Code Enforcement Officer Matt Novak. Councilmember Morris asked if the change would allow some flexibility in the normal requirements of screening those patios. Ms. Schmitz said staff is looking at other temporary screening options for enclosing the patios that still meet the city’s aesthetics. Councilmember Scoggins asked if businesses could use temporary signage to let the public know they are open. City Planner Eric Searles said the current ordinance did allow for banners. The businesses had been able to use the existing ordinance for banners for things like curbside delivery and should be able to continue to do so for outdoor seating. Mr. Gridley asked if there was anything the state requires in terms of liquor licenses that businesses should be aware of. City Clerk Kimberlee Blaeser said the main requirements from the state are mainly related to liquor liability and required insurance for patios. If an establishment did not currently have a license to serve liquor on a patio it will need liquor liability insurance. Councilmember Morris moved, seconded by Councilmember Scoggins, To adopt the following resolution Resolution 20-115 Resolution of the City of Woodbury, Washington County, Minnesota authorizing regulatory flexibility to support local businesses. Mayor Burt asked how long the flexibility would last. Ms. Schmitz explained the temporary flexibility provisions will run through October 31, 2020. Voting via voice: Andrea Date – aye Amy Scoggins – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Mayor Burt said, regarding the CARES Act, there is an expectation that at some point the money will trickle down to local governments. There would hopefully be opportunities to support possible revenue losses of the City, issue grants for local businesses, and other things the City could do to support its businesses. Transportation Report (2nd meeting of the month, May-October) Mr. Christopher Hartzell, Engineering Director provided the following transportation report, along with some photographs: 2020 Roadway Rehabilitation Includes the Savanna Oaks area. Bailey Road  Project includes expanding Bailey Road to a four-lane divided highway  New roundabout at Woodlane Drive and new signal at Benjamin Drive  Project is in Phase Two of construction o The contractor is currently working on the storm sewer on the south side Woodbury Drive and Local Roads  Woodbury Drive will be expanded from four lanes to a six-lane roadway  Tamarack Street will be reconstructed to a four-lane divided roadway  Rivertown Drive will be reduced from four lanes to a three-lane roadway  Commerce Drive and Hudson Road will receive pavement rehabilitation treatments  Contractor anticipates first phase of storm sewer work will be complete over the next week Radio Drive  Washington County is conducting pavement rehabilitation project on the north bound lanes  Starting Friday, June 5th contractor will work over two weekends to complete the project I-94 East Metro Interchange  Texas Turnaround is back in place for the 2020 construction season Page 4 of 5  City Council Meeting Minutes Wednesday, May 27, 2020  Contractor working on northbound I-94 bridge abutments  Several night closures of the interchange are planned during May 27 th, June 2nd and June 4th 2020 Reclamite Project  Tentatively scheduled for July  Resident notification letters will be sent out o Process takes a few hours o Completed one side at a time o Avoid irrigating and pet traffic Future Roadway Projects  Check out www.woodburymn.gov/CIP.com Mayor Burt asked when Tamarack Street and Hudson Road were expected to be open. Mr. Hartzell said two to three weeks depending on how long it took the utilities to be relocated. Mayor Burt asked Mr. Hartzell to explain the processing of resurfacing to be completed on Radio Drive. Mr. Hartzell said a portion of the pavement would be milled off and then overlaid with new pavement. Administrative Report City Administrator Clinton Gridley said the fields, park buildings and shelters were opening on June 1 st with social distancing guidelines in place. He added the sad news of the K-9 unit cadet Buster passing; however, there was a new K-9 cadet, Ruby. Mr. Gridley gave a verbal update of upcoming City meetings. Other Meetings 1. Parks and Natural Resources Commission, June 2 nd, 7:00 p.m., Council Chambers Mr. Gridley said that as the format for the Council meetings continues to change, the goal is to make public meetings as open and safe as possible. He thought tonight’s meeting was as good as possible and saw it as a way for the public who could not attend to participate. Adjournment Councilmember Scoggins moved, seconded by Councilmember Santini, to adjourn the meeting at 8:10 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 June 10, 2020 Page 5 of 5