City Council

Minutes Woodbury City Council Wednesday, July 15, 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 15th day of July 2020. Call to Order Mayor Anne Burt called the meeting to order at 7:30 p.m. Mayor Burt welcomed those listening and attending. 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; Clinton Gridley, City Administrator; Janelle Schmitz, Community Development Director; Karl Batalden, Community Development Coordinator; Michelle Okada, Parks and Recreation Director; Mike Adams, Parks Planner. Special Order of Business No items scheduled Open Forum The Open Forum is a portion of the Council meeting where a maximum of three persons will be allowed to address the Council on subjects, which are not a part of the meeting agenda. Persons wishing to speak must complete a sign-up sheet prior to the start of the meeting. Give the sign-up sheet to any staff person. Speakers are limited to two minutes each. The Council will listen attentively to comments but, in most instances, will not respond at the meeting. Typically, replies to the concerns expressed will be made via letter or phone call within a week. 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 24, 2020 Item B To approve the Canvas at Woodbury, Final Plat, Project No. 26-2020-00408 and to authorize the Mayor and City Administrator to execute the Development Agreement, including terms and conditions related to the sale of 4545 Woodbury Drive, will all approvals subject to the conditions as outlined in Council Letter 20-167. 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 easement to match the utility plans being prepared by the City’s consultant engineer. 3. 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. 4. The final street names shall be reviewed and approved by the Chief Building Official.  City Council Meeting Minutes Wednesday, July 15, 2020 5. Prior to the release of the Final Plat for recording, the Developer shall submit full payment for the property located at 4545 Woodbury Drive. 6. This Final Plat approval shall be contingent on meeting all required findings of Section 21-16 of the Woodbury City Code. 7. Pursuant to the Highcroft 1st Addition Development Agreement, the Developer and Landowner have agreed to fund improvements to Dale Road and Woodbury Drive payable with each development phase. The Canvas at Woodbury Development Agreement shall identify an assessment for roadway improvements consistent with the Highcroft 1st Addition agreement. 8. 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. 9. All permanent easements and rights-of-way (ROW) necessary for existing and proposed street and utility improvements shall be granted to the City at no cost or paid for by the Developer. 10. 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 the 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 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. 11. 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. 12. The Final Plat shall be recorded prior to issuance of a building permit. Item C To adopt the following resolution Resolution 20-133 Resolution of the City of Woodbury, Washington County, Minnesota authorizing Bolton & Menk, Inc., as the engineering consultant for the 2021 Roadway Rehabilitation Project and authorizing the preparation of preliminary reports. Item D To adopt the following resolution Resolution 20-134 Resolution of the City of Woodbury, Washington County, Minnesota authorizing execution of a Temporary Construction License Agreement between the City of Woodbury and Target Corporation for CSAH 19 (Woodbury Drive) and Local Roads Capacity and Safety Improvement. Item E To adopt the following resolution Resolution 20-135 Resolution of the City of Woodbury, Washington County, Minnesota authorizing the execution of the Settlement Agreement between the City of Woodbury and Inland Woodbury Commons, LLC, and amending the assessment roll for the CSAH 19 (Woodbury Drive) and Local Roads Capacity and Safety Improvement project. Item F To adopt the following resolution Resolution 20-136 Resolution of the City of Woodbury, Washington County, Minnesota approving the Settlement Agreement between the City of Woodbury and Bradley Birnberg, as trustee of the David W. Halper Irrevocable Trust and authorizing the Mayor and City Administrator to execute the Settlement Agreement. Item G To adopt the following resolution Resolution 20-137 Resolution of the City of Woodbury, Washington County, Minnesota awarding the construction contract to Minnesota Native Landscapes, Inc., for the Northview Channel Storm Improvement Project and authorizing the Mayor and City Administrator to sign said contract. Item H To adopt the following resolution Resolution 20-138 Resolution of the City of Woodbury, Washington County, Minnesota authorizing acceptance of Public Assistance Grant for $71,801.53 from the Federal Emergency Management Agency and Minnesota Homeland Security and Emergency Management. Item I To adopt the following resolution Resolution 20-139 Page 2 of 8  City Council Meeting Minutes Wednesday, July 15, 2020 Resolution of the City of Woodbury, Washington County, Minnesota appointing election judges for the August 11, 2020 Primary Election. Item J To adopt a motion approving the cancellation of the November 7, 2020 Advisory Commission interviews and reschedule to November 21, 2020. Item K 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 19, 2020 in the amount of $2,139,343.97, June 26, 2020 in the amount of $2,030,199.24 and July 3, 2020 in the amount of $1,048,806.58. Councilmember Scoggins 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 – aye Public Hearings A. Animal Humane Society, Outdoor Enrichment Space, Amended Conditional Use Permit, Project No. 03-2020- 00412 Mayor Burt declared the public hearing open and recognized Community Development Director Janelle Schmitz to give the background. Ms. Schmitz said the Animal Humane Society of Woodbury, which is located at 9785 Hudson Road, is requesting an Amended Conditional Use Permit to construct outdoor play yards on the property to provide space for animal exercise, enrichment and socialization. The property is zoned FC-2, Freeway Special Impact District and is guided as Places to Work on the Land Use Plan. At their April 24, 1996 meeting, City Council approved the Special Use Permit for the St. Croix Animal Shelter, which is now the Animal Humane Society. During this process, the applicant received approvals for the construction of an animal shelter, which included a condition of approval that stated all activities of the animal shelter shall be conducted within the building. When the existing shelter was built it was reviewed under the regulations identified within the I-1, Light Industrial Zoning District. At that time outdoor runs were specifically prohibited by the code. Since then the I-1 language has been updated to allow outdoor activities as a Conditional Use. In 2011, the subject property was rezoned to the FC-2 District. The FC-2 District allows for Animal Shelters as a Conditional Use, which is the appropriate mechanism to review the addition of the proposed outdoor play area. Planning Commissioner Member Kay Kern said the Planning Commission considered this item at their July 6, 2020 meeting and recommended approval by a 6-0 vote. She discussed some of the questions and concerns including lighting and hours of use. Mayor Burt asked why the enclosed area was not closer to the main building requiring the dogs be on leashes. Scott Schroepfer explained there is a significant slope behind the building. 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 Santini asked if the animals would be monitored in the play area. Scott Schroepfer responded the play areas would only be used by Animal Humane Society animals and always with trained staff members. There would only be two to six dogs at a time using the areas and only during business hours. Councilmember Scoggins thought it was good for the animals to be socialized. Councilmember Morris moved, seconded by Councilmember Scoggins, Page 3 of 8  City Council Meeting Minutes Wednesday, July 15, 2020 To adopt the following resolution Resolution 20-140 Resolution of the City of Woodbury, Washington County, Minnesota adopting findings of fact for The Animal Humane Society Outdoor Enrichment Space subject to the following conditions: 1. All conditions of the original approval remain in full force and effect. 2. All areas of the site, where practical, shall be maintained. 3. The Applicant shall execute an operations and maintenance agreement which identifies a standard for pet waste removal and fence maintenance. 4. Any future trash containers for animal excrement shall be screened. The location shall be approved by the Planning Division. Voting in Favor: Date, Scoggins, Morris, Santini, Burt Absent: None Scott Schroepfer thanked the Planning Commission and City Council. B. Authorization to Apply for various Grant Funds from DEED Mayor Burt declared the public hearing open and recognized Community Development Coordinator Karl Batalden to give the background. Mr. Batalden explained that the purpose of the hearing is to facilitate the relocation of Kindeva’s world headquarters to Woodbury, staff will submit grant requests to Minnesota Department of Employment and Economic Development for: $350,000 from the Job Creation Fund; $515,000 from the Minnesota Investment Fund; and $610,866 from the Innovative Business Development Public Infrastructure program. To access these business subsidy dollars from Minnesota Department of Employment and Economic Development, a public hearing is required to authorize the submittal of a grant request. If successful, this would be Woodbury’s first business subsidy in more than a decade. The $515,000 Minnesota Investment Fund application is contingent on the City issuing the funds to Kindeva as a forgivable loan; and, a public acknowledgement that but-for the State assistance the Kindeva jobs currently located in Minnesota would likely exit the state. He noted that this presentation is in fact said public acknowledgement. He said Woodbury’s grants management policy requires a two-step process: first adopt a resolution authorizing the submittal of the grant request and then adopt a second resolution accepting terms and conditions of grant, following a grant award. Mr. Batalden talked about Kindeva Drug Delivery Systems which is a spinoff of a 3M line of business with a 60-year history. They have roughly 1,000 employees worldwide. Kindeva would like to open a 135,000 square foot building on July 1, 2021. This would be a fantastic kick off from Woodbury’s economic development perspective to the northeast area. Ryan Companies would like to develop a business park at the northeast corner of Hudson Road and Settlers Ridge Parkway. Kindeva would be the sole tenant of the first building. This type of use is what the 2018 Economic Development Strategic Plan and 2040 Comprehensive Plan envisioned. He discussed risk management for each of the three funds. He also talked about the development review. He said Ryan Companies has submitted a development application. The project is likely to come before the Planning Commission and City Council in August/September time frame. Innovative Business Development Public Infrastructure program grant funds are a needed component of the overall public infrastructure package. Mr. Batalden shared next steps and said final acceptance of the grants is conditioned on development approvals. Mayor Burt moved, seconded by Councilmember Morris, 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 how long the review from the state takes. Mr. Batalden said staff expected the review process to be fairly expedited, but with so many moving parts it was hard to specify a date. Mayor Burt said it sounds like an exciting project and it was a wonderful business for the area. She asked if the project is contingent on receiving the $610,866. Mr. Batalden said because the development review was still in process it was hard to say. The technical documents such as traffic studies were already underway. He assured the Council the grant dollars were needed and that without the IBDPI grant dollars there would be a significant gap in the development pro forma and there would need to be a discussion of how to fill such a gap in the development pro forma and there would need to be a discussion of how to fill such a gap. City Administrator Clinton Gridley said the City is doing parallel paths, both a grant path and an application path. Kindeva has a very aggressive timeline and they had made the investment to make the application. He said the City is also doing the grant path. Page 4 of 8  City Council Meeting Minutes Wednesday, July 15, 2020 Councilmember Date noted that the City gets a better outcome from development like this when it does a Planned Unit Development. She thought the project is a great anchor, but hoped to see it followed by a Planned Unit Development. She asked what Kindeva is using the $515,000 forgivable loan for. Mr. Batalden said Kindeva planned to use those dollars to enter into a long-term lease agreement with Ryan Companies. It was a straight forward business subsidy to ensure Kindeva could make the lease payments so Ryan Companies could move forward with public infrastructure and private development costs connected to the business park. Councilmember Date moved, seconded by Councilmember Santini, To adopt the following resolution Resolution 20-141 Resolution of the City of Woodbury, Washington County, Minnesota authorizing application for $610,866 of Funds from the Innovative Business Development Public Infrastructure Program. Voting via voice: Andrea Date – aye Amy Scoggins – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Councilmember Date moved, seconded by Councilmember Santini, To adopt the following resolution Resolution 20-142 Resolution of the City of Woodbury, Washington County, Minnesota authorizing application for $350,000 of Funds from the Job Creation Fund, a Business Subsidy that would benefit Kindeva Drug Delivery, LP. Voting via voice: Andrea Date – aye Amy Scoggins – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Councilmember Date moved, seconded by Councilmember Santini, To adopt the following resolution Resolution 20-143 Resolution of the City of Woodbury, Washington County, Minnesota authorizing application for $515,000 of Funds from the Minnesota Investment Fund, a Business Subsidy that would benefit Kindeva Drug Delivery, LP. Voting via voice: Andrea Date – aye Amy Scoggins – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Discussion A. Valley Creek Park / Miller barn Parks and Recreation Director Michelle Okada presented the Valley Creek Park Master Plan. She said at the City Council Workshop on June 17, 2020, staff presented a concept plan for the development of Valley Creek Park, seeking authorization to move the project into the phase of design development and construction documents. City Council expressed satisfaction for the overall concept plan and supported the Parks and Natural Resources Commission’s recommended priorities, including the nature and adventure play structure, mix of paved and unpaved trails, and appreciated the focus on retaining and enhancing the natural qualities of the park through habitat Page 5 of 8  City Council Meeting Minutes Wednesday, July 15, 2020 restoration. Council provided direction related to the pedestrian trail alignment from the neighborhood off Deephaven Drive, asking that the trail be placed behind the homes and as far east as reasonable. She said before they went further, the Council needed to discuss Miller Barn options. Staff is requesting authorization to utilize the Legacy grant and move forward to bid barn renovations which involves formalizing an agreement with the Woodbury Heritage Society for $60,000 plus $13,000 material donation and 50/50 cost share for ongoing maintenance of the barn. The options being considered included Option 1 which preserves Miller Barn as a fixture on the park’s landscape, provided stabilization of the structure with a new roof and reclaimed siding, secured the structure and improved the area directly adjacent to the barn. Option 5 is removal of the barn from the site. She shared the estimated City contribution for both options. Mayor Burt confirmed the Council would like to address the Miller Barn. Mayor Burt recapped what has evolved from the last meeting. She said clarity was needed pertaining to what the Heritage Society is committing to contribute. She talked about the options and why the Heritage Society had landed on Option 1. Mayor Burt acknowledged the emails received over the past week and opened the floor for public comment. Wayne Schilling, President Woodbury Heritage Society, said he is a fifth-generation farmer and landowner in Woodbury. He thought seeing things in real life rather than in a picture or on a screen is important. He said seeing the Miller Barn in person helped make the history of Woodbury come to life. The Heritage Society is willing to pay 60% of the cost of keeping the barn. That is less than $3 per citizen. The Heritage Society wanted to be part of preserving Woodbury’s history. Megan Samuel, 1661 Deephaven Drive, said people move to Woodbury for parks and open spaces. She said when Valley Creek Park was purchased it was to protect the property, but the barn was not mentioned. She talked about maintaining the Valley Creek Park stream and ecosystem. She said the plan would affect wildlife and vegetation. Daniel Hazaert, 1592 Headwaters Lane, said he was relatively new to Woodbury, but he supported the development of Valley Creek Park. He said there was a need for land so children could play safely. He thought Valley Creek Park presented a good opportunity for a place children could be and looked forward to walking the paved trails. Relatively new to Woodbury. Very positive and supportive of the development of Valley Creek Park. Need land for children to be off streets. Valley Creek Park presents a good opportunity for young children to be. Looking forward to be able to walk paved trails. Heather Ruggero, 8608 Spring Lane, said she had lived in Woodbury for 52 years. She said farm families are an important part of the fabric of Woodbury. One by one the barns had gone, but farming was part of the culture. She said maintaining wilderness in Woodbury is not possible, but maintaining the history of the farmer is possible. She supported the barn being turned into some sort of center for education and history. Jim Currell, 2226 St. Johns Circle, said he was born and raised in Woodbury and got involved with the Heritage Society a couple of years ago. He talked about the style and architecture of the barn and how it is important. City Clerk Kimberlee Blaeser read a comment from Mariah Neuharth, 1553 Headwaters Lane. She wrote please remove Miller Barn from Valley Creek Park space and keep park natural with path and features that allow all people to observe and interact with nature and get exercise that will ultimately benefit more people now and in the future. By limiting any material developments there is lower liability for maintenance cost and strains on natural resources. The Valley Creek Park is not a setting that supports the curating of heritage and cultural preservation. It is completely infeasible for the barn to be developed to the extent desired by the Heritage and if it remains where it is it takes away from the full preservation of natural resources. This project seems to have become a true zero-sum game. If the Heritage Society is able to garner so many funds, I would love to see different options for the barn in a different location. If it can’t be rebuilt, perhaps the wood could be repurposed and used to make benches, pergolas, etc. that are spread throughout the City. There are any number of ways the barn could be repurposed in a way that fits better with Woodbury today and in a way that will still make sense in the future. Ms. Blaeser read a comment from Iven Ose, 11325 Sandcastle Drive Unit F. He wrote by the end of the discussion on June 17 th, some of the Councilmembers seemed to have a moment of clarity realizing that anything other than removing the barn will result in a lot of ongoing upkeep and restoration costs in the future. As I recall, one person suggested that the City Council should set a donation level commitment requirement and if a donor stepped forward with the funds, they could do the restoration at a specific level. If no donor stepped forward, Option 5 would be operative. That is tearing down the barn at a cost of $62,000. I really look forward to walking and bicycling through the park next year. Miller Barn Option 1 means kicking the can down the road and setting ourselves up for a major future expense. Deteriorating barns are hard to keep upright. I hereby promise to contribute $5,000 toward a beautiful plaque monument to be placed at the site where the barn will be removed. Kim Wilson, 9146 Cambridge Alcove, said she remembered when the barn came before the City Council maybe five years ago. She wondered why it was still being talked about and how tearing it down was being considered. She said the history is great and it was up to us to maintain it. Page 6 of 8  City Council Meeting Minutes Wednesday, July 15, 2020 Mayor Burt appreciated all of the comments. Parks Planner Mike Adams provided the Council more of the background of the park for clarification. He said the property was acquired through a City Open Space referendum in 1998. It was added to the Comprehensive Plan in 2000 and identified as a community park to develop a balance of active and passive recreation. Valley Creek was added to the Fish Lake Greenway Corridor Management plan in 2005. Some of the goals of the management plan included the establishment of trails for natural resource management and to provide opportunities for passive and active recreation while sustaining natural integrity. It was contemplated to be a potential trail center or cross-country ski center. For the last 20 years from a staff perspective, the language had been very clear as to the intent of Valley Creek Park. Mayor Burt noted that Options 1 and 5 were being considered because the other options had more of an environmental impact. Ms. Blaeser read a comment from Steve and Krista Luger, 11507 Valley Creek Road. They wrote keep the barn. Ms. Okada said the acquisition was to prevent the development of housing or retail. They City was thoughtful to look ahead and preserve areas of open space. Councilmember Scoggins said the land is beautiful. She said she never sees people there and thought it was important that people know it’s there. She said it did preserve the greenway corridor. She said she had been unsure about keeping the barn as a practical person. She read a quote from Theodore Roosevelt. She said after all of the discussion, she is comfortable with Option 1. Councilmember Santini agreed. She thought this is a good middle ground. She said there is history and the City needed a reminder of what it used to be. She thought the barn did not detract from park. Councilmember Morris said he met with the Heritage Society to gain a better understanding of the significance of the barn. He said his practical side is saying that it is a lot of money for a fixture on a landscape. He supported Option 3 or 4 because he would rather see it utilized, but he agreed that it is not the best location. He landed on Option 1 because the City owed it to future generations to preserve the history. He appreciated staff identifying additional funding sources. Councilmember Date said she had always been a big proponent of preserving the history of Woodbury since she served on the Parks and Natural Resources Commission. She said farming is important to preserve. She appreciated the Heritage Society coming back with a proposal for Option 1. She thought history and natural resources are intertwined and both important. Mayor Burt talked about the financial investment. She said it was an additional $90,000 and there is several million in the park fund. She said it is important to remember where we came from. She also thought the barn is architecturally significant and thanked the Heritage Society. Ms. Okada said the previous Council accepted the Legacy grant. Staff is looking for the next piece to formalize and provide staff the authority to engage in conversation to memorialize the contribution. If the Council decided to use the Legacy grant, barn renovations would move forward in 2020. The rest of the project would be conducted in 2021. Councilmember Date asked if staff will work with the Heritage Society to figure out what the 50/50 cost share will look like. Ms. Okada said staff was trying to implement timeframes in all agreements going forward. Councilmember Date moved, seconded by Councilmember Scoggins, To adopt the following resolution Resolution 20-144 Resolution of the City of Woodbury, Washington County, Minnesota approving the plans and specifications, authorizing design development, construction document and seek bids for the Valley Creek Park Project and the Miller Barn renovation 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 7 of 8  City Council Meeting Minutes Wednesday, July 15, 2020 No items scheduled Development Update Community Development Director Janelle Schmitz presented a development update to the Council. She talked about residential developments including Arbor Ridge, Oak Hill, the Dominium affordable multi-family project, Bridlewood Farms, Copper Ridge, Glen View Farms, Highcroft, Briarcroft, North Bluff, Spancil Hill, Sundance of Woodbury, and Beyond Apartments. Next, she discussed commercial development activity including CityPlace, CityPlace Medical II, CityPlace Medical III, Park Dental at CityPlace, CityPlace Specialty Healthcare, Launch- Tamarack, Valley Creek Redevelopment, Heartland Dental, and KinderCare. Administrative Report City Administrator Clinton Gridley gave a verbal update of upcoming City meetings. Neighborhood Meeting 1. Salem Lutheran Church Sign, July 23rd, 6:00 p.m. (meeting will be held virtually on the Microsoft Team platform) Council Workshop Meeting of July 22, 2020 1. Tour of Bailey Lake Park 2. Annual Performance Measurement Report 3. Annual review of Long-Term Financial Projections and 2021 Property Tax Levy Target 4. METRO Gold Line Update 5. CARES Act application Adjournment Councilmember Morris moved, seconded by Councilmember Date, to adjourn the meeting at 9:25 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 29, 2020 Page 8 of 8