City Council

Minutes Woodbury City Council Wednesday, June 24, 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, on the 24th day of June 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 attend the meeting but will be required to comply with social distancing parameters as determined by the City. Members of the public may also join the meeting using a PC, Mac, iPad, iPhone or Android device. 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 leaving 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 K. Blaeser, City Clerk; Scott Riggs, City Attorney; Clinton Gridley, City Administrator; Janelle Schmitz, Community Development Director; Chris Hartzell, Engineering Director; Emily Stephens, Water Resource Engineer. 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 – June 10, 2020 Item B To authorize the sale of the home and non-lakeshore property located at 10150 Powers Lake Point for $800,000 and authorize the Mayor and City Administrator to execute a purchase agreement, drafted by the City Attorney, in advance of the closing. Item C To adopt the following resolution Resolution 20-128 Resolution of the City of Woodbury, Washington County, Minnesota approving the assessment of Utility Charges for Bridlewood Farms 5th Addition. Item D To adopt the following resolution Resolution 20-129  City Council Meeting Minutes Wednesday, June 24, 2020 Resolution of the City of Woodbury, Washington County, Minnesota approving a new Minnesota Lawful Gambling LG214 Premise Permit Application and Minnesota Lawful Gambling LG215 Lease for Lawful Gambling Activity for Woodbury Area Hockey Club at Carmine’s, 9900 Valley Creek Road, Suite 175, Woodbury. Item E 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 June 5, 2020 in the amount of $585,825.77 and June 12, 2020 in the amount of $1,337,387.32. Councilmember Date moved, seconded by Councilmember Scoggins, to approve the Consent Agenda items. Voting via voice: Andrea Date – aye Amy Scoggins – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Discussion A. Adjourn to Closed Session Mayor Burt stated that pursuant to the provisions of Minnesota State Statute section 13(d).05 Subdivision 3a, 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 an employee evaluation of Susan Banick. Ms. Banick received written notice of this meeting and was informed of the right to have this discussion conducted in an open and public meeting. The Council will provide a summary of the evaluation at its next regular meeting on July 15, 2020. Councilmember Morris moved, seconded by Councilmember Date, to hold a City Council closed meeting for the purposes previously stated. Voting in Favor: Date, Scoggins, Morris, Santini, Burt Absent: None Mayor Burt adjourned the meeting at 7:41 p.m. Councilmember Morris moved, seconded by Councilmember Date, to reconvene the meeting at 7:59 p.m. Voting in Favor: Date, Scoggins, Morris, Santini, Burt Absent: None Councilmember Morris moved, seconded by Councilmember Scoggins, To adopt the following resolution Resolution 20-130 Resolution of the City of Woodbury, Washington County, Minnesota approving the non-disciplinary removal of Police Officer Susan Banick. Voting via voice: Andrea Date – aye Amy Scoggins – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Public Hearings Page 2 of 11  City Council Meeting Minutes Wednesday, June 24, 2020 A. KinderCare at Heartland Dental, Amended Planned Unit Development, and Site and Building Plan, Project No. 29-2020-00405 Mayor Burt declared the public hearing open and recognized Community Development Director Janelle Schmitz to give the background. Ms. Schmitz presented the application from ISG on behalf of EIG4T for an Amended Planned Unit Development and Site and Building Plan for a new daycare building (KinderCare) within the Heartland Dental Planned Unit Development. The applicant is proposing to construct a one-story, 12,000 square foot daycare. The property is located at the southeast corner of Bailey Road and Benjamin Drive. The property is zoned B-3, Planned Shopping Center District and is guided as Urban Village on the Land Use Plan. At its January 22, 2020 meeting, the City Council approved the Heartland Dental Rezoning, Planned Unit Development, Conditional Use Permit, Preliminary Plat and Site and Building Plan. The Planned Unit Development set the standards for architecture, landscaping, land uses, stormwater, access and parking. As a condition of approval, the City Council removed the parking stalls along the main access drive; this condition is reflected in this Application. Ms. Schmitz said the applicant is proposing to amend the Planned Unit Development to establish the parking requirements for the daycare use. The zoning ordinance requires one stall per 200 square feet of building square footage for daycares. Staff has reviewed how other comparable cities regulate daycare parking and found that most regulate based on licensed capacity. The Applicant is proposing to park the site at one stall per every six students of licensed capacity plus employee parking. The applicant will be licensed to serve 136 children and have 22 employees during the day, this would require the applicant to install 45 parking stalls which is what they are proposing on the site plan. In researching the reduced parking ratio, staff contacted several existing Woodbury daycares about their parking need and found a majority were approved with proof of parking to meet the zoning requirement. This proof of parking has not been installed due to adequate parking in the lot. For peak events like graduations or other special events cross easements with the adjacent businesses were required as part of the Planned Unit Development approval. Ms. Schmitz explained that one of the main design goals of the master plan is to provide increased walkability and pedestrian infrastructure on all projects. She identified the proposed sidewalks on the map and said the proposed system ties into the existing pedestrian network of Saint Therese, Ascend at Woodbury and Bielenberg Gardens. The zoning ordinance requires all buildings within the Urban Village to be constructed of 70% Class I materials with a minimum of 30% being stone. The applicant is proposing to construct the KinderCare building out of 83.5% Class I materials with stone making up 34.35% of the building. The primary stone and brick will match the Heartland Dental office building and the adjacent Bielenberg Gardens development. Ms. Schmitz talked about stormwater management, the snow storage plan and Bailey Road improvements. Planning Commission Member Shannon Olsen presented the Planning Commission recommendation from its June 15, 2020 meeting. The Planning Commission complimented the redesign from the first time the project was previewed earlier in the year, noting that the removal of the parking along the entrance made for a much less busy access point. She said there was one concern over the placement of trash receptacle, but similar to other businesses all trash service would be completed early in the morning. She talked about snow removal and storage and concluded that the Planning Commission recommended approval by a 7-0 vote. Councilmember Morris moved, seconded by Councilmember Scoggins, 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. Councilmember Morris asked why prohibiting snow storage on the east side closest to the reuse pond was not a condition of approval. Ms. Schmitz said it was required by ordinance so staff did not feel it necessary to reiterate. John Szutarski, EIG4T, said he worked with staff and submitted a revised snow storage plan that was in compliance with the ordinance. Councilmember Morris said because this was an amended Planned Unit Development, the relaxing of the parking requirements would remain with the site even if it sold. He asked if staff was comfortable with the zoning and other allowable uses in the future. Ms. Schmitz answered that staff is comfortable because future uses would be determined by the number of parking stalls available. Mayor Burt was pleased to see the parking moved to the rear of the building. Councilmember Scoggins asked if the front of the building would be on the north side. Ms. Schmitz showed a rendering of the front entrance and confirmed that it would. Councilmember Scoggins asked how it compared in square footage to the original building. Mr. Szutarski said it was similar. Page 3 of 11  City Council Meeting Minutes Wednesday, June 24, 2020 Councilmember Date commended the change and thought it would be much more functional. Councilmember Morris moved, seconded by Councilmember Scoggins, to approve the KinderCare Amended Planned Unit Development, Site and Building Plan, Project No. 29-2020-00405 subject to the conditions outlined in Council Letter 20-164: 1. All conditions of the original Planned Unit Development shall remain in full force and effect. 2. Prior to the issuance of a building permit, the Final Plat shall be reviewed and approved by City Council. 3. This approval does not include signs. A separate sign permit is required for all proposed signage. 4. Final landscaping plan shall be approved by staff prior to the issuance of a building permit. 5. Prior to the issuance of a building permit, a landscape financial security shall be submitted in accordance with the Zoning Ordinance. 6. All areas of the site, where practical, shall be sodded and maintained. 7. All ground mounted mechanical equipment shall be hidden from view with materials that match the materials and colors used on the building. 8. Any future trash enclosures shall utilize wooden gates and shall be constructed on three sides using the same materials and patterns used on the building. The location shall be approved by the Planning Division. 9. 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, LED lighting fixtures to match Heartland Dental. 10. A materials board shall be submitted to the City for review. 11. 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. 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 to ensure that sediment and stormwater does not leave the project site. 14. All disturbed boulevards shall be restored with sod. 15. All sanitary sewer, water main 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 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. Maintenance of any and all temporary stormwater facilities shall be the responsibility of the Developer. 17. Prior to the issuance of a building permit final drainage, utility and stormwater plans shall be approved by the Engineering Department. 18. Prior to the issuance of a building permit, all retaining wall and fencing material shall be approved by the Planning staff in writing. 19. Prior to this issuance of building permit, the Developer shall provide a snow removal and storage plan detailing how snowfalls will be accommodated on site. Snow storage cannot be stored in required parking stalls. 20. The Applicant shall be required to notify the City in the event of a change of licensed capacity. If the licensed capacity increases, an amended Site and Building Plan may be required to review parking requirements. 21. The site plan shall be required to provide a bike rack. 22. Prior to the issuance of a Land Disturbance Permit, final irrigation reuse system and controls shall be reviewed and approved in writing by the Planning staff. The proposed reuse system shall be designed to meet stormwater management requirements and must meet the following design requirements:  The 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 by City staff.  The system must include a connection to municipal water as a back-up irrigation source – this connection must include an air gap or other backflow prevention practice.  Municipal water cannot be pumped into a pond to be later pumped into the irrigation system.  Private irrigation wells as a back-up irrigation source are not permitted.  Irrigation heads shall be placed a minimum of six 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 the Engineering staff in writing.  MP rotator heads or equivalent shall be used. 23. Prior to the issuance of a building permit, the Applicant shall submit a plan identifying placement of no less than four inches of an acceptable topsoil mix as determined by the Planning staff. 24. Prior to the installation of sod, the Applicant shall provide written verification that a minimum of four inches of topsoil has been placed throughout the site. Prior to installation of the sod, the City shall inspect and approve the placement of the topsoil in writing. Voting in Favor: Date, Scoggins, Morris, Santini, Burt Absent: None Page 4 of 11  City Council Meeting Minutes Wednesday, June 24, 2020 B. Spancil Hill Rezoning, Planned Unit Development, Conditional Use Permit, and Preliminary Plat, Project No. 01- 2020-00407 Mayor Burt declared the public hearing open and recognized Community Development Director Janelle Schmitz to give the background. Ms. Schmitz presented the application from Maplewood Development, Inc. for Rezoning, Planned Unit Development, Conditional Use Permit and Preliminary Plat for the Spancil Hill development. The applicant is requesting approval of 91 single-family lots on 40.33 acres. The property is located on the north side of Brookview Road, east of Eagle Brook Church. The property is currently zoned R-1, Urban Reserve District and is guided as Low Density on the Land Use Plan. Ms. Schmitz said, in regard to the Comprehensive Plan, the property is located in Phase 2 which is currently open for development. As the property transitions it is appropriate to rezone from R-1, Urban Reserve District to R-4, Urban Residential. Also, the City’s Functional Roadway Classification shows Eastview Road ultimately being extended to the east and it is classified as a planned, major collector. Brookview is not planned to be a major east/west street, but rather would be used to provide access to local parcels in the area. Access to this new residential neighborhood is provided by the extension of Eastview Road from the west at Eagle Brook Church and via Brookview Road to the south. Ms. Schmitz showed the locations where Brookview Road is proposed to be disconnected. Brookview Road south of Spancil Hill will end in a “T” intersection with Siesta Drive. Brookview Road to the east will end in a gravel hammerhead/cul-de-sac turnaround until ultimate development patterns in the area are known. The right-of-way area within this plat will be abandoned and used for a trail connection. She also discussed potential alignment options for Conifer Pass Ms. Schmitz said the proposed Preliminary Plat creates 91 single-family lots with one large outlot for the pipeline easement, trail and stormwater purposes and a second outlot adjacent to the trail connection on Brookview Road. The Planned Unit Development application requests flexibility to the Zoning Ordinance for the following requirements: minimum lot width from 80’ to 65’ and front setback from 35’ to 25’. In exchange for this flexibility, the applicant would construct the trail network at their cost. Ms. Schmitz talked about pedestrian connections. She said the proposed subdivision provides a pedestrian network that includes both trails and sidewalks which connect to the surrounding network including connections within this development and the adjacent development of North Bluff. The Council received an email from Tom Montgomery, 1070 Wyncrest Court, asking the City to consider extending the temporary maintenance access through the unimproved Eastview Road right-of-way to connect to the north end of the gas line easement trail. The extension would allow pedestrians to complete a trail loop back to the existing sidewalk on Eastview Road. Staff had looked at the proposal and is proposing a condition be added that states, “prior to the issuance of a land disturbance permit, the applicant shall evaluate and if feasible, as determined by engineering staff, implement the connection of the temporary maintenance access with the northeast trail.” Ms. Schmitz explained the historic use of the property was a tree farm that was established in the early 1990s. Many of the pine trees on the western half of the site were planted during this operation. They have become overgrown over the years since the trees stopped being farmed. Staff has walked the site with the City’s forestry division to determine the health and viability of this tree resource. She showed on a map where the applicant is proposing to preserve trees. Other tree removal would be required to meet the City’s tree replacement requirements. The Applicant is also proposing to plant 145 overstory trees and 142 coniferous trees throughout the development to meet the City’s ordinance of three trees per lot, with a minimum of two trees on the lot where feasible with tree preservation. A final landscaping plan shall be reviewed and approved for tree replacement calculations. Ms. Schmitz also talked about stormwater management. The proposed plat provides multiple stormwater basins to meet the required water quality, quantity and infiltration requirements. Iron enhanced filtration basins are proposed in two locations due to the proximity of bedrock in the area. Planning Commission Member Shannon Olsen presented the Planning Commission recommendation from its June 15, 2020 meeting. She noted that Spancel Hill was named after a small town in Ireland. She said a question was raised concerning the home setbacks, but staff confirmed this was normal for this type of development. There was also discussion about the number of retaining walls on the property, screening between the property and church, the high use of Settlers Ridge Parkway, and who would maintain the stormwater basin. Ms. Olsen said the Planning Commission recommended approval of the Spancil Hill development proposal by a 6-1 vote. The dissenting vote was due to concerns over the tree impacts. Councilmember Morris moved, seconded by Councilmember Scoggins, 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 for clarification on the requested extension of the maintenance bench and whether the recommendation was to just extend it or to extend and pave it. Ms. Schmitz showed the location on the map and said the recommendation is to have further Page 5 of 11  City Council Meeting Minutes Wednesday, June 24, 2020 discussion with engineering staff to see whether there were concerns with the extension. Mayor Burt asked if the extension was temporary because the future trails would be on the north side. Ms. Schmitz agreed. Mayor Burt asked about the two options for the potential north south road. Ms. Schmitz explained both options were conceptual because there was not a master plan for this area. A north south connector would be needed in the long term. Mayor Burt was concerned whether it would be clear to potential buyers that there could be a road behind the homes in the future. . Councilmember Morris agreed. He said there was another development with a trail that had always been planned; however, the property owners were not made aware when they purchased the property. Councilmember Date agreed that it should be made clear so there was no confusion or issues in the future. Councilmember Morris said there was significant discussion with Brookview Road being disconnected at the Planning Commission meeting. He asked why it was decided to disconnect the road. Ms. Schmitz said the plan is to dead end Brookview Road at Siesta Drive. There would be a trail within the abandoned section. She said as Phase 3 develops, Brookview Road could stay on its current alignment or shift slightly. The idea is to eliminate the sharp turn on Brookview Road and prevent people from using this gravel road as a shortcut to and from Manning Avenue. Councilmember Morris said he understood the concern of the homeowners on Brookview Road, but supported staff’s recommendation. Councilmember Scoggins asked about the timing around the extension of Conifer Pass. Ms. Schmitz said there were a couple of properties still in Phase Two that would deal with the southern portion of Conifer Pass. As it moved to the north, it would be development dependent, which is in Phase 3. Councilmember Date asked about the placement of the proposed sidewalk on the northside of Eastview Road. Ms. Schmitz said the sidewalk was better suited on the north side. Councilmember Date said lots of busier roads have trails on both sides. She asked the City and the developer to look again at putting sidewalks on the cul-de-sacs feeding into the trails. Mayor Burt asked Ms. Schmitz to talk more about the tree removal. Ms. Schmitz said the property was a tree farm so there were a lot of evergreens, but the evergreens were very scrubby underneath as they had become overgrown and close together. Staff walked the site to evaluate the health and determined that some areas could be preserved. The forestry division also noted the trees were about halfway through their lives. The tree ordinance required replacement of the trees being replaced. Mario Cocchiarella, Maplewood Development, answered questions about grading, tree removal and retaining walls. Councilmember Date asked about safe crossings to the school and sidewalks on the cul-de-sacs. Mr. Cocchiarella said the sidewalks could not go on the south side of the cul-de-sacs because of grading and that sidewalks were not needed in cul-de-sacs and could be problematic. Mayor Burt asked if the development would have a Homeowner’s Association. Mr. Cocchiarella said it would not. City Administrator Clinton Gridley mentioned that because there was not a Homeowner’s Association the sidewalk would become the responsibility of the City. Ms. Schmitz agreed the City would be responsible for repairing and replacing the sidewalk, but not clearing the sidewalk. Councilmember Morris agreed the top cul-de-sac needed a sidewalk on one side. Councilmember Date said she understood the request is optional because of the City’s current ordinances. She thought the Council needed to look at requiring a sidewalk on cul-de-sacs that had more than a certain number of houses. Mr. Gridley said it was a code issue that staff could look at. Ms. Schmitz agreed staff could bring back a recommendation. She said they would need to talk to Public Works and Parks and Recreation about implications, as this would bring long term maintenance and replacement obligations. Mr. Cocchiarella said he would be happy to take a really hard look and if they could put in sidewalks on one or some of the cul-de-sacs, they would do so. Councilmember Morris moved, seconded by Councilmember Santini, To adopt the following ordinance Ordinance 1984 Ordinance of the City of Woodbury, Washington County, Minnesota rezoning certain property from R-1, Urban Reserve District to R-4, Urban Residential District. Voting in Favor: Date, Scoggins, Morris, Santini, Burt Absent: None Councilmember Morris moved, seconded by Councilmember Santini, To adopt the following resolution Resolution 20-131 Page 6 of 11  City Council Meeting Minutes Wednesday, June 24, 2020 Resolution of the City of Woodbury, Washington County, Minnesota adopting findings of fact for Spancil Hill, Project No. 01-2020-00407. Voting via voice: Andrea Date – aye Amy Scoggins – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Councilmember Morris moved, seconded by Councilmember Santini, to adopt a motion approving the Spancil Hill Planned Unit Development and Preliminary Plat, Project No. 01-2020-00407 subject to conditions outlined in Council Letter 20-165: 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 by the City Council. 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 has been granted by the City Council. 3. Final park dedication shall be satisfied via cash dedication. Final dedication shall be memorialized in the Development Agreement. 4. Prior to the release of the Final Plat, the street names shall be reviewed and approved by the Building Inspections Division. 5. Staff shall review and approve, in writing, the final landscaping plan showing a minimum of three (3) trees per lot and all trees necessary for tree replacement calculations. The final landscaping plan shall meet the City’s Landscaping Diversity Ordinance. Additional plantings shall be added along the eastern and western property lines for screening. 6. A Development Agreement shall be fully executed prior to the release of the Final Plat for recording. 7. Prior to the approval of the Final Plat, all required findings of Chapter 21-16 shall be met. This includes participation for public infrastructure including storm sewer, water, sanitary sewer and transportation infrastructure. Approval of the Preliminary Plat is conditional upon satisfactory compliance with Chapter 21-16 of the Woodbury City Code. 8. Prior to the issuance of a land disturbance permit, City staff shall review and approve termination of Brookview Road and the final design and condition of the abandoned portion of the road. Staff shall also review and approve the final turn-around details on Brookview Road east of Spancil Hill including but not limited to cul-de-sac size, condition of the abandoned portion of the roadway, trail designs and safety signage. 9. Outlot B shall be incorporated into the adjacent Lot 20, Block 5. 10. Prior to the issuance of a Land Disturbance Permit, the following Parks Department comments shall be incorporated into the final plan: a. The proposed trail along the pipeline shall be moved away from private property lines with a minimum of seven (7) feet of separation to the lot line. b. All trail intersections shall incorporate a large enough radius for maintenance. c. Trail profiles shall be provided and reviewed and approved by staff. d. Staff shall review and approve final landscaping and seeding plan for Outlot A. e. Staff shall review and approve the locations of public/private sign posts. 11. Prior to the issuance of a building permit, the Applicant shall provide the recorded covenants for maintenance of the monument signs for neighborhood identification. 12. Prior to the issuance of a land disturbance permit, staff shall review and approve a plan for the retaining walls adjacent to lots 18-22 to address maintenance concerns on the land below the wall. 13. Prior to the issuance of a land disturbance permit, the applicant shall evaluate and if feasible, as determined by engineering staff, implement the connection of the temporary maintenance access with the northeast trail. Engineering Conditions: 1. The Applicant shall be financially responsible for all applicable water, sanitary sewer and storm sewer area and connection charges. Rates applied shall be those in effect at the time of Final Plat approval and will be memorialized in a feasibility/preliminary report for the project. 2. The Applicant shall be financially responsible for trunk sanitary sewer and trunk watermain lateral benefit charges applicable to the site. Lateral benefit charges will be based on the rates in effect for the year the Development Agreement is executed. 3. Prior to the issuance of a Land Disturbance Permit, the sewer capacity for the northern lots shall be reviewed and approved by the City. If capacity does not exist, the Applicant shall be required to use an alternate method, as approved by the City, to provide the necessary sanitary sewer infrastructure to serve the development. The subdivision is deemed premature until the City Engineer approves an acceptable design solution regarding the sanitary sewer. 4. Prior to the issuance of a Land Disturbance Permit, the proposed stormwater facility designs shall meet the City’s stormwater design standards including filtration, quality and quantity ponding. 5. The Applicant shall be responsible for compliance with the City’s Land Disturbance and Erosion and Sediment Control Ordinance and must obtain a Land Disturbance Permit along with any necessary right-of-way permits from the City’s Engineering Division prior to the commencement of any site activities or site disturbance. The Developer will also be responsible for obtaining any other permits necessary from other applicable agencies such as the Minnesota Pollution Control Agency NPDES Permit for Construction Activities permit prior to commencing any site activities. 6. The Applicant shall provide approved street lighting at every intersection, end of cul-de-sac and/or every 300 feet. Page 7 of 11  City Council Meeting Minutes Wednesday, June 24, 2020 7. Where public utilities and/or overland emergency overflows run 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 shall then be adjusted to the nearest five (5) foot increment. 8. The Applicant shall be responsible for protecting all on- or off-site storm sewer filtration basins and components and adjacent storm sewer facilities from exposure to stormwater runoff, sediment and debris during construction activities. Temporary stormwater facilities may be necessary to protect the aforementioned improvements during all construction activities. Construction and maintenance of any temporary stormwater facilities shall be the responsibility of the Developer. A SWPPP shall be submitted to the City for review and approval as part of the Land Disturbance Permit process. 9. Temporary sediment basins shall be identified on the grading plan that are sufficient in size to address stormwater management during construction. These basins shall be located out of the right-of-way and be maintained throughout housing construction. 10. Final utility and storm sewer revisions shall be made by the City’s consultant engineer for the project. Any required changes to the plat due to the final utility design shall be made as part of the Final Plat submittal. 11. All homes shall have a 25-foot useable backyard area (flat for approximately 25 feet out from the house pad). All drainage swales shall have a minimum grade of 2.0 percent. The grading plan notes currently identify a minimum drainage swale grade of 1.75 percent. 12. Outlots and easements that contain public structures and utilities shall be kept free of landscaping and retaining walls. All pond accesses and maintenance benches shall be kept free of planting, retaining walls, etc. 13. Prior to the issuance of a Land Disturbance Permit, the Applicant shall provide updated plans that provide conduit crossings for irrigation lines to avoid utility conflicts. Voting via voice: Andrea Date – aye Amy Scoggins – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Discussion A. Wedgewood Park Pond, Affirming Wedgewood Park Basin Staff Recommendation Water Resource Engineer Emily Stephens explained that in 2017, the City completed a maintenance project to excavate deposited sediment from the existing basin and create a new bioretention basin in Wedgewood Park to provide additional water quality benefits. Following the improvements, the existing Wedgewood Park basin unexpectedly started infiltrating runoff and causing the normally wet basin to become a dry bioretention basin. On May 22, 2019, a number of residents approached the Council in the open forum portion of the meeting with a desire to have the City consider reverting the basin back to a “wet” pond. Staff has carefully reviewed and considered the request over the last year while concurrently cleaning, grading, and seeding the basin in the fall of 2019 and spring of 2020. Staff reviewed two feasible potential alternatives to address the situation including restoring the basin as-is or lining with imported clay/bentonite soils. On December 12, 2019, staff held a meeting with residents adjacent to the Wedgewood Park to share information and receive input about the draft staff recommendations and the petition for local improvements process. Staff has not received a petition for local improvements from property owners and is ready to move forward with a recommendation to clean, restore, and vegetate the basin to continue functioning as a dry bioretention basin similar to the upstream 2017 bioretention basin project. This alternative is entirely contained within City property and has the highest probability of success at the lowest costs to achieve maximum reduction in suspended solids and nutrients from entering downstream water bodies. Staff will continue to monitor the native vegetation and plantings with the Wedgewood Park bioretention basin until fully established and annually thereafter with the City’s vegetation management program. Staff is in receipt of a Wedgewood Park Pond Proposal e-mail correspondence from Cordell Hardy to Council dated June 17, 2020 and is included as an attachment to Council Letter 20-166. Staff recommends Council adopt the attached resolution affirming Wedgewood Park Basin staff recommendation to clean, restore, and vegetate the Wedgewood Park Basin to function as a dry bioretention basin. Mayor Burt also recognized two letters received from children in the neighborhood. She said cost was an issue and asked Ms. Stephens to talk about cost. Ms. Stephens said staff received a proposal from a contractor for $8,000 to leave it dry. She said staff was about 72% complete with that option. The cost to revert the basin back to a wet pond would be approximately $125,000. City Clerk Kimberlee Blaeser read a comment from Cordell Hardy, 3522 Richmond Parkway. He said regarding the resolution being considered it was noted that no petition has been received from property owners. He said the residents had been dealing with COVID- 19 and civil unrest. If a petition would be influential, he asked for time to actively work to get one completed. Mayor Burt asked to review public input. Engineering Director Chris Hartzell said he had met with several residents following the construction of the project. Through correspondence and email, the residents had first come to staff in mid-2019. He said there had been correspondence back and forth leading up to a meeting in December. At the meeting, it was explained the Council would consider Page 8 of 11  City Council Meeting Minutes Wednesday, June 24, 2020 a petition for local improvements from 100% of property owners abutting the pond. The improvements would then be assessed to the property owners. Mr. Hartzell said it had been an unusual time, but staff had not received a petition. Councilmember Morris said the request was not unreasonable and thought the Council should consider allowing the residents time to organize. City Administrator Clinton Gridley asked the Council to establish a date certain if it proceeded that way. Mayor Burt asked what still needed doing on the current project and whether delaying is detrimental. Ms. Stephens said the additional work is maintaining the seed and spraying for invasive species. Mayor Burt asked if the project is completed as staff recommends, is there still an opportunity to go back. Mr. Gridley said that is what he recommends. Close the contract and complete the project, but allow adequate time for the residents to decide what they want to do. Councilmember Santini asked if there was a detriment to converting it back to a wet pond. Ms. Stephens said there was not a negative impact to reverting it to a wet pond. Mr. Hartzell said because the pond was never lined, both options were acceptable from an engineering perspective. Mr. Gridley said the biggest concern was precedence if it was funded by the City. Councilmember Date said it was also an equity issue whether the neighborhood pays for the pond or not. She thought the dry basin would be equally beautiful and more beneficial, but did not think there was a downside to allowing the residents more time. Councilmember Morris agreed all of the issues were important, but there was no harm in allowing the residents 30 more days. Councilmember Scoggins asked if there were inlets and outlets. Ms. Stephens said there is a stormwater inlet and storm sewer outlet. The outlet connects to Colby Lake which is impaired water. Councilmember Scoggins asked what the effect would be if it were lined. Ms. Stephens said it would still remove some sediment and some nutrients, but when it overflowed it would go downstream. Mayor Burt asked why it was dredged in the first place and how often dredging is done. Ms. Stephens explained that typical ponds are dredged between 15 and 20 years of life. The City has an assessment program where the sediment is measured. The pond was chosen because it had significant sediment. Mr. Gridley added the dredging program was paused due to this incident to analyze the dredging program. He added that a slow maybe might be harder than a fast no. He said it was important to be sure that there was a good chance of saying yes if the residents came forward with a petition and the money. Mr. Hartzell added the City did stormwater dredging because of the environmental benefits, but also because there is a statutory requirement as a municipal separate storm sewer system through our national pollutant discharge elimination system permit. The pause is to create a better program, but the program will need to continue. Councilmember Santini said the Council could not guarantee what happened in the future even if the residents did donate the money. Councilmember Morris said he was conflicted and agreed with all of the points made. He said he typically landed on a more fiscally conservative side in terms of long-term costs. Councilmember Date said it was a tough issue, but thought the best option for the City was option one. Councilmember Date moved, seconded by Councilmember Scoggins, To adopt the following resolution Resolution 20-132 Resolution of the City of Woodbury, Washington County, Minnesota affirming Wedgewood Park Basin staff recommendation to clean, restore and vegetate the Wedgewood Park Basin to function as a dry bioretention basin. Mayor Burt said this did not shut the door on the residents petitioning the Council. She said anyone could petition the Council at any time. Councilmember Date said it gave closure in the short term and staff direction, but did not preclude future action. Voting via voice: Andrea Date – aye Amy Scoggins – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Transportation Report (2nd meeting of the month, May-October) Page 9 of 11  City Council Meeting Minutes Wednesday, June 24, 2020 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 Stage 1B & 1C o The contractor is currently working on the storm sewer on the south side  Progress continues to be slowed pending Xcel Energy relocating remaining power poles 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 Radio Drive  Washington County is conducting pavement rehabilitation project on the north bound lanes  Contractor has completed all of the pavement and sidewalk on the project I-94 East Metro Interchange  Texas Turnaround is back in place for the 2020 construction season  Contractor substantially finished on northbound I-494 bridge and the northbound loop ramps  Work to begin next week on northbound I-494/I-694 with additional widening at Tamarack, I-94 and 10 th Street 2020 Reclamite Project  Scheduled to begin June 25th  Residents received notification in the mail 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  Check out www.woodburymn.gov/goldline.com Administrative Report City Administrator Clinton Gridley shared some significant projects in Community Development, the recognition received as a Step 4 and 5 Minnesota GreenStep City, HealthEast Sports Center reopened for rental groups. He also said Eagle Valley Golf Course and the bike playground were now open and talked about public safety. He then gave a verbal update of upcoming City meetings. Planning Commission Meeting, July 6, 2020 1. Commerce Hill Retail, Site and Building Plan, Preliminary Plat, Project No. 03-2020-00399 2. Woodbury Outdoor Enrichment Space (Humane Society), Amended Conditional use Permit, Project No. 03-2020-00412 3. Settlers Ridge Apartments, Planned Unit Development, Preliminary Plat, Site and Building Plan, Conditional Use Permit, Project No. 01-2020-00409 4. Settlers Ridge Apartments, Final Plat, Project No. 01-2020-00410 Council Meeting, July 15, 2020 1. Commerce Hill Retail, Site and Building Plan, Preliminary Plat, Project No. 03-2020-00399 2. Woodbury Outdoor Enrichment Space (Humane Society), Amended Conditional use Permit, Project No. 03-2020-00412 3. Settlers Ridge Apartments, Planned Unit Development, Preliminary Plat, Site and Building Plan, Conditional use Permit, Project No. 01-2020-00409 Other Meetings 1. Parks and Natural Resources Commission, July 7th, 7 p.m., Council Chambers and virtually at woodburymn.gov/virtual meetings Page 10 of 11  City Council Meeting Minutes Wednesday, June 24, 2020 Adjournment Councilmember Santini moved, seconded by Councilmember Scoggins, to adjourn the meeting at 10:16 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 July 15, 2020 Page 11 of 11