City Council

Minutes Woodbury City Council Wednesday, September 9, 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 9th day of September 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; and Chris Hartzell, Engineering Director. 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 – August 12, 2020 Item B To adopt the following resolution Resolution 20-159 Resolution of the City of Woodbury, Washington County, Minnesota authorizing the extension of the Fair Housing Implementation (FHIC) Council Cooperative Funding Agreement. Item C To approve the Spancil Hill, Final Plat, Project No. 01-2020-00418 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- 202. 1. All conditions of Planned Unit Development and Preliminary Plat approval shall remain in full force and effect. 2. Prior to the release of the Final Plat, the Applicant shall enter into a Development Agreement.  City Council Meeting Minutes Wednesday, September 9, 2020 3. The Final Plat shall include all necessary easements to match the utility plans being prepared by the City’s consultant engineer. 4. 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. 5. The final street names shall be reviewed and approved by the Chief Building Official. 6. This Final Plat approval shall be contingent on meeting all required findings of Section 21-16 of the Woodbury City Code. 7. The Developer shall be financially responsible for 100% of all storm sewer, sanitary sewer and water main utility 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. 8. 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. 9. 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. 10. 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. 11. The Final Plat shall be recorded prior to issuance of a building permit. Item D To adopt the following resolution Resolution 20-160 Resolution of the City of Woodbury, Washington County, Minnesota authorizing the Mayor and City Administrator to execute and engineering consulting services contract with WSB & Associates, Inc., for construction administration services for the Canvas at Woodbury Utility & Street Improvement Project (Private Construction). Item E City Hall and Entryway Improvements Project, Authorize Execution of Purchase Order Agreement, Authorize Execution of All Appropriate Documents and Additional Agreements to Complete the Project, Approve a Budget Amendment to the Capital Improvement Fund. This item was pulled from the Consent Agenda and moved to the Discussion portion of the meeting. Item F To adopt the following resolution Resolution 20-162 Resolution of the City of Woodbury, Washington County, Minnesota authorizing eminent domain proceedings for acquisition of easements for the CSAH 19 (Woodbury Drive) & Local Road Capacity and Safety Improvement Project. Item G To adopt the following resolution Resolution 20-163 Resolution of the City of Woodbury, Washington County, Minnesota waiving Municipal Consent for State Project 8208-42 on Trunk Highway 95 from 115 feet south of Hudson Boulevard to 1,300 feet north of Valley Creek Road and 1,200 feet south of Valley Creek Road to the Junction of 40 th Street and Bailey Road within the City of Woodbury for mill and overlay improvements. Item H To adopt the following resolution Resolution 20-164 Resolution of the City of Woodbury, Washington County, Minnesota authorizing municipal support for the Minnesota Highway Freight Program (MHFP) federal grant application for the East Metro Interchange Improvements and the eastbound I-94 lane capacity expansion from the interchange to Woodbury Drive. Item I To adopt the following resolution Resolution 20-165 Resolution of the City of Woodbury, Washington County, Minnesota authorizing the purchase of the Panasonic Toughbooks for use as police squad computers. Item J To adopt the following resolution Resolution 20-166 Page 2 of 11  City Council Meeting Minutes Wednesday, September 9, 2020 Resolution of the City of Woodbury, Washington County, Minnesota approving the purchase of the MobilePro mobile security system and the wall system for HERO Center and authorizing a budget amendment. Item K Approval to Amend Chapter 8 Fire Prevention and Protection. This item was pulled from the Consent Agenda and moved to the Discussion portion of the meeting. Item L 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 August 7, 2020 in the amount of $2,397,406.99, August 14, 2020 in the amount of $1,885,866.42, August 21, 2020 in the amount of $1,679,428.41 and August 28, 2020 in the amount of $373,106.74. Councilmember Scoggins moved, seconded by Councilmember Date, to approve the Consent Agenda items, with the Exception of Items E and K that have been moved to the discussion portion of the meeting. Voting via voice: Andrea Date – aye Amy Scoggins – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Public Hearings A. Approval of 2019 CAPER Mayor Burt declared the public hearing open and recognized Community Development Coordinator Karl Batalden to give the background. Mr. Batalden explained what a Consolidated Annual Performance and Evaluation Report (CAPER) is. He said recipients of funding from the U.S. Department of Housing and Urban Development must submit a CAPER that reviews the prior year (July 2019 to June 2020) no later than September 28th of each year. The CAPER reports on accomplishments, milestones, investments, and expenditures. Mr. Batalden discussed the Program Year 2019 performance goals, fair housing, proposed regional analysis of impediments to fair housing choice process, and staff recommendation. Mayor Burt read a letter from Roger Green, 1254 Donegal Drive, Saint Paul. He acknowledged the challenges of affordable housing and homelessness and encouraged strategic focus on these areas by citizen leaders. 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 Scoggins asked if the letter was the only comment received. Mr. Batalden said it was and added the public hearing was noticed appropriately. Councilmember Scoggins moved, seconded by Councilmember Morris, To adopt the following resolution Resolution 20-167 Resolution of the City of Woodbury, Washington County, Minnesota approving the 2019 Consolidated Annual Performance and Evaluation Report (CAPER) and noting that the 2020-2024 Regional Analysis of Impediments to Fair Housing Choice is principally complete. Page 3 of 11  City Council Meeting Minutes Wednesday, September 9, 2020 Voting via voice: Andrea Date – aye Amy Scoggins – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye B. Salem Lutheran Church Digital Sign, Interim Conditional Use Permit, Project No. 29-2020-00414 Mayor Burt declared the public hearing open and recognized Community Development Director Janelle Schmitz to give the background. Ms. Schmitz explained that the City requires an Interim Conditional Use Permit for electronic display signs to improve enforcement and facilitate code changes prompted by changing technology. An interim use is defined as a temporary use of property until a particular date, until the occurrence of a particular event or until the zoning regulations no longer permits it. The existing sign along Bailey Road was constructed in 1990 with a stone base and designed to mimic the building. The Applicant is proposing to remove the existing sign and replace it with the proposed digital sign in a nearby location. Due to the expansion of Bailey Road, the sign needed to be relocated to allow the sign to meet the required 15-foot setback from the property line. The sign ordinance states institutional uses are allowed one freestanding sign with a maximum size of 60 square feet and eight feet in height. The proposed sign will be 52.26 square feet and 7.33 feet in height. Planning Commissioner Richard Johnson explained that the Planning Commission reviewed the application at their August 31, 2020 meeting. The Planning Commission discussed questions about design and broader City rules governing signs. The Planning Commission recommended approval of the Salem Lutheran Church Digital Sign Interim Conditional Use Permit by a 7-0 vote. 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 moved, seconded by Councilmember Date, to approve the Salem Lutheran Church Digital Sign Interim Conditional Use Permit based on the findings of fact in the attached resolution, Project No. 29-2020-00414, subject to the following conditions as outlined in Council Letter 20-212: 1. The Interim Conditional Use Permit shall terminate upon a change in zoning regulations which would prohibit the use or upon violation of the conditions under which the permit was issued. 2. The electronic display sign shall meet all requirements of the Sign Ordinance including location, area, materials and height. Electronics display sign messages shall not change more than what is permitted in the Sign Ordinance. 3. Upon the occurrence of the date or of the criteria for termination set forth in the Interim Conditional Use Permit, the city shall notify the Permittee in writing that the Interim Conditional Use Permit shall terminate not later than 30 days after the date of such notice. 4. The Interim Conditional Use Permit shall be reviewed annually but may be reviewed at any time if the City Council is of the opinion that the terms and conditions of the permit have been violated or if one of the criteria for termination has been met. 5. A sign permit is required before installation of the electronic display sign. 6. The Interim Conditional Use Permit shall be executed prior to the issuance of a sign permit for the electronic display sign. 7. The sign lighting shall not exceed 0-foot candles at the property line or landscaping may be required to shield the sign from adjacent residential uses. Voting via voice: Andrea Date – aye Amy Scoggins – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Page 4 of 11  City Council Meeting Minutes Wednesday, September 9, 2020 C. Kindeva, Planned Unit Development, Conditional Use Permit, Preliminary Plat and Site and Building Plan, Final Plat and Development Agreement, Project No. 01-2020-00415 and 01-2020-00416 Mayor Burt declared the public hearing open and recognized Community Development Director Janelle Schmitz to give the background. Ms. Schmitz explained that Ryan Companies US, Inc. has submitted an application for a Planned Unit Development, Conditional Use Permit, Preliminary Plat and Site Plan for an ultimately 136,200 square foot office/warehouse/light industrial building. The property is located in the northeast corner of Settlers Ridge Parkway and Hudson Road. The property is zoned Business Campus District and is guided as Places to Work on the Land Use Plan. The proposed project is located on an existing 70-acre site owned by DPS-Wooddale LLC. The Applicant is requesting Preliminary Plat and concept Planned Unit Development approval on the entire acreage. The Planned Unit Development will establish general site layout, architectural design requirements and access location with further review and approval via the Site and Building Plan process as further development details are known. The Applicant is requesting Site and Building Plan review for the first building in the Planned Unit Development, which will occupy approximately 9.5 acres of the site. The northeast area is over 400 acres of contagious, mostly undeveloped land located along the I-94 corridor. In 2009, the City adopted the Alternative Urban Areawide Review (AUAR) as the appropriate planning document for evaluating the cumulative environmental impacts of development within the area. The AUAR was updated in both 2014 and 2019. The AUAR included multiple traffic studies which identified the needed traffic mitigation necessary to accommodate the additional vehicle trips generated by development. The proposed site has direct impacts to the operations of Hudson Road and Settlers Ridge Parkway. As development continues into the future the following improvements will ultimately be needed: 1. Signalization and intersection improvements at Settlers Ridge Parkway and Hudson Road. 2. Upgrade of Settlers Ridge Parkway from two (2) lanes to a four (4) lane divided section with turn lanes. 3. Upgrade of Hudson Road from two (2) lanes to a four (4) lane divided section with turn lanes. 4. Intersection improvements and signal modifications at Hudson Road and Manning Avenue. 5. Additional specific improvements, including additional signalized intersection at future development access points, as identified when future development characteristics (peak times, employment counts, use) are known. The Applicant requests a Planned Unit Development for the entire development site and requests flexibility to the Zoning Ordinance for the following requirements: Parking- The Zoning Ordinance does not provide parking requirements for research and development, lab space or manufacturing space. Instead it provides direction that detailed parking regulations shall be established via review by the Planning Commission and approval by the City Council. The proposed uses include office, lab space, R&D space, clean room/manufacturing space, and warehouse/space. Due to the number of uses proposed, staff researched standards from other municipalities and identified a consistent code requirement of one (1) parking space per 500 square feet for light industrial, office, and manufacturing uses which would generate a parking requirement of 272 parking spaces for the Phase 1 area and future expansion space. The proposed site plan identifies 250 parking spaces and an additional ability to construct 57 more spaces currently shown as proof of parking. Architecture- The Zoning Ordinance identifies that all non-residential buildings, regardless of use, that are adjacent to the interstate highway shall be constructed of 65% Class I materials. The code permits light industrial and warehouse buildings not adjacent to the interstate highway system to be built using 65% Class I and II materials. Using the 65% Class I standard to regulate office and retail development has served the City well and has delivered commercial centers that age gracefully with stable values and high aesthetic details. As it relates to the anticipated development patterns in the northeast area, the 65% Class I material requirement would not deliver the same high-quality building designs due to the anticipated large rectangular building footprints, necessary wall height and clustering of uses for shared delivery space. The height and shape needs of the targeted uses necessitate the modification from a 65% Class I material requirement to 65% Class I and II. The inclusion of the Class II material list found within the ordinance brings in the ability to utilize architecturally precast concrete materials. Precast materials deliver buildings that better manage the height and scale of industrial buildings versus brick or stone which are required Class I materials. The design concern of delivering these larger footprint structures using the existing code language is that the buildings will have an institutional feel rather than the clean and modern look of today’s flexible business park. Ms. Schmitz also discussed the Kindeva Site Plan, site access, future roadway improvements, pedestrian circulation and stormwater management. Aaron Mann, CEO of Kindeva, said Ms. Schmitz gave a terrific overview. He said that this is an exciting new chapter for the business. Dan Mueller, Ryan Companies US, Inc., echoed Mr. Mann’s excitement for this project in Woodbury. Planning Commissioner Richard Johnson explained that the Planning Commission reviewed the application at their August 31, 2020 meeting. The Planning Commission’s conversation centered around phasing and funding for road improvements, access roads and truck movement, and consistency of building material across the property. The Planning Commission recommended approval by a 7-0 vote. Page 5 of 11  City Council Meeting Minutes Wednesday, September 9, 2020 Mayor Burt read an email from Tom Montgomery, 1070 Wyncrest Court, Saint Paul, asking if a roundabout was considered for the Settlers Ridge Parkway/Hudson Road intersection. Mayor Burt also read the response from Senior Engineering Project Coordinator Warren Tracy which stated that a number of design issues guided the choice of a signalized intersection in lieu of a roundabout. 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 about the timeline for improvements of Settlers Ridge Parkway in front of the project. Ms. Schmitz said it would be constructed with this project and will start out as full access. She said the road will ultimately be a divided four lane with a right-in-right-out access, with timing based on future development. Councilmember Scoggins asked if the entrance could be moved further north so that it would not have to be changed to right-in-right- out in the future. Engineering Director Chris Hartzell said the spacing is too close. There will be a full access intersection further to the east on Hudson Parkway that will provide access to this development. Councilmember Morris wondered what the congestion would look like in the future with only one full access point. Mayor Burt asked where the trails are proposed. Ms. Schmitz answered they would be on both the north and south side of Hudson Road. Councilmember Morris appreciated the mechanical equipment being placed on the inside of the development with less visibility from the public. Mayor Burt asked if the other buildings in this PUD would be required to coordinate with the first building in terms of materials. Ms. Schmitz explained one of the conditions required complementary materials to be used on all of the buildings as well as a complementary landscaping plan. Councilmember Date talked about the Class I and Class II materials. She liked the look of the Kindeva building, but worried about future buildings if the required amount of Class I materials is reduced. Ms. Schmitz said the ordinance requires all commercial buildings along the freeway to have at least 65 percent Class I materials; however, the Northeast Area is unique because of the types of uses anticipated, which will be a different type of business park than Woodbury has historically seen, staff feels that a broader mix of materials, including Class II, would better allow us to attract the type of light industrial users that the Comprehensive Plan envisions. She said staff toured some newer industrial parks and were very impressed by some of the materials. Mr. Mueller offered to provide a materials board. Councilmember Date asked about the City’s plan for public transit in the area. Ms. Schmitz said the primary transit is the proposed Gold Line. One of the priorities the Council identified as part of that project was an effective feeder bus network. The Northeast Area is one of the areas that we would want to be served by that bus network, but she cautioned that the implementation of a feeder bus system was still several years away. Councilmember Santini asked if tunnels for pedestrian trail crossings were a possibility. Ms. Schmitz was unsure, but said staff could look into the feasibility. Mayor Burt asked, in reference to Councilmember Date’s concerns, whether more specifics were needed for the types and percentage of materials for future buildings. Ms. Schmitz said it was not necessary because future buildings would need to come before the Council with site and building plans. Councilmember Santini moved, seconded by Councilmember Morris, To adopt the following resolution Resolution 20-169 Resolution of the City of Woodbury, Washington County, Minnesota adopting findings of fact for Kindeva Project No. 01-2020-00415 Page 6 of 11  City Council Meeting Minutes Wednesday, September 9, 2020 Voting via voice: Andrea Date – aye Amy Scoggins – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Councilmember Santini moved, seconded by Councilmember Morris, to approve the Planned Unit Development (PUD), Preliminary Plat and Site and Building Plan, Project No. 01-2020-00415, subject to the following conditions as outlined in Council Letter 20-213: 1. The PUD and CUP approval shall expire one year from the date of City Council approval unless a building permit has been requested or a time extension has been granted. 2. All requirements and conditions of the Northeast Area AUAR as they relate to this site shall remain in full force and effect as determined by the City. 3. The Preliminary Plat approval shall expire six months from the date of the City Council approval unless a Final Plat has been requested or a time extension granted by the City Council. 4. The PUD shall have architectural consistency throughout the entire project by using complementary architectural features and materials on all buildings. All buildings within the PUD shall be constructed of complementary materials and shall include one common masonry (brick or stone) building material adjacent to major building entries. 5. All future buildings shall be reviewed and approved through the Site and Building Plan process. 6. The Applicant shall privately construct and fund the required grading, ponding and subgrade corrections for the initial and future roadway improvements as identified by the City Engineer. 7. Staff shall review and approve, in writing, the final landscaping with additional hardwood and evergreen trees being added adjacent to the Hudson Road and Settlers Ridge Parkway. The final landscaping plan shall meet the City’s Landscaping Diversity Ordinance. 8. Prior to the issuance of a land disturbance permit, all easements necessary to construct the stormwater ponding for improvements to Settlers Ridge Parkway and Hudson Road, as identified by the City Engineer, shall be acquired by the Applicant. The easements shall be provided in a form approved by the City Attorney and shall be provided to the City at no cost. 9. All buildings within the PUD shall have landscaping plan consistency, with each landscaping plan using similar designs and materials to create a uniform landscaping appearance. 10. Additional turn lanes and adjacent roadway geometric modifications to Settlers Ridge Parkway and Hudson Road are required to provide safe access to the proposed site. These improvements shall be completed by the Applicant with the terms and construction methods identified within the Development Agreement. 11. Prior to the issuance of a building permit, the Applicant shall submit a materials board. All final building materials shall be approved by the Planning staff in writing. 12. 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. 13. Prior to the issuance of a building permit, the Applicant shall execute an approved Operations and Maintenance Plan for all onsite infrastructure. 14. Prior to the issuance of a building permit, the Developer shall provide a snow removal and storage plan detailing how snowfalls will be accommodated on site. 15. All fencing and retaining wall materials shall be complementary to the building materials and shall be approved in writing by the Planning Division prior to issuance of a building permit. Retaining walls greater than four (4) feet in height shall be engineered and detailed calculations should be submitted to the City. 16. All building and site lighting shall be of a consistent style and color throughout the Planned Unit Development. All light poles, including base, shall be a maximum of 25 feet in height and shall be shoebox style, downward directed, with high-pressure sodium lamps or LED lamps with flush lenses. Other than wash or architectural lighting, attached security lighting shall be shoebox style, downward directed with flush lenses. In addition, any lighting under canopies (i.e. building entries or drive- through) shall be recessed and use a flush lens. 17. All HVAC and other roof- or ground-mounted equipment shall be hidden from view with materials that match materials and colors used on the building. 18. Any future trash enclosures shall utilize wooden gates and be constructed on three sides using the same materials and patterns used on the building. Locations shall be approved by the Planning Division. 19. No exterior storage shall be permitted. 20. As a condition of the PUD, the existing billboard shall be removed from the proposed Lot 1 Block 1. The Development Agreement shall identify the timing of removal. All other billboards within the PUD area shall be removed concurrently with development of Outlot B on the Preliminary Plat. 21. The Final Plat shall be approved by the City Council and released for recording prior to the issuance of a building permit. 22. This approval does not include signage. A separate sign permit shall be required. 23. All drive aisles shall have a minimum width of 25 feet. 24. The Applicant shall be financially responsible for 100 percent of all storm sewer, sanitary sewer and watermain area and connection charges applicable to the property. Page 7 of 11  City Council Meeting Minutes Wednesday, September 9, 2020 25. Heavy duty silt fence and adequate erosion control around the entire construction site shall be required and maintained by the Developer during construction to ensure that sediment and stormwater does not leave the project site. 26. All disturbed boulevards shall be restored with turf. The property owner shall mow and maintain to the curb of all public streets. If a native planting approach is proposed, a minimum of three-year maintenance agreement shall be provided to ensure proper implementation. 27. All onsite sanitary sewer, watermain and storm sewer facilities installed to accommodate the site are private and shall be the Developer’s responsibility for the design, installation, maintenance, repair, replacements, operation, protection, etc. All utility inspections shall be coordinated with the City’s Building Inspections Division. 28. The Applicant shall extend the trunk water and sewer to the site privately. The City shall design and inspect the improvements with final terms identified within the Development Agreement. 29. The Applicant shall be responsible for obtaining a land disturbance permit from the City’s Engineering Department prior to the commencement of any site activities as well as any necessary right-of-way permits. 30. Prior to issuance of a building permit, the Applicant shall submit a plan identifying placement of no less than four (4) inches of an acceptable topsoil mix as determined by Planning staff. 31. Prior to installation of sod, the Applicant shall provide written verification that a minimum of four (4) 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. 32. Prior to the release of the building permit, a landscape financial security shall be submitted for at least 150 percent of the estimated cost of landscaping including sod. The landscaping plan shall meet all landscaping ordinance requirements including canopy coverage and tree and species diversification. 33. The Applicant shall be responsible for obtaining any other permits necessary from other agencies, MPCA, watershed, etc. prior to the start of any site activities. 34. The Applicant shall be responsible for protecting the proposed on-site storm sewer infrastructure and components and any existing storm sewer from exposure to any and all stormwater runoff, sediments and debris during all construction activities. Temporary stormwater facilities shall be installed to protect the quality aspect of the proposed and existing stormwater facilities prior to and during construction activities. Maintenance of any and all temporary stormwater facilities shall be the responsibility of the Applicant. 35. This project shall require a General Stormwater Permit from the MPCA since more than one acre of land will be disturbed. In addition, a Stormwater Pollution Preventive Plan (SWPPP) shall be included on the Grading and Erosion Control Plan along with Best Management Practices (BMPs) such as concrete washout area, temporary sediment basins, stabilization methods for exposed areas, etc. These BMPs shall be clearly identified on the plan. The plan shall include permitee and inspector contact information. 36. Prior to the issuance of a land disturbance permit, final drainage, utility, and stormwater plans shall be approved by the Engineering Department. 37. Grades at all intersections where a vehicle must stop shall be 1.0 percent or less for at least 100 feet from the stop location or an alternate standard approved by the Engineering staff in writing. 38. Prior to the approval of the Final Plat, all right-of-way widths and street names shall be reviewed and approved in writing by the Planning staff. All required right-of-way shall be dedicated to the City at no cost and free of encumbrances. 39. The Applicant shall dedicate, at no cost and free of encumbrances, the outlot identified as Outlot A on the Preliminary Plat. 40. All intersections of interior streets with collector/arterial roadways need to be identified as necessary stop sign locations. Said stop signs will be privately owned and maintained by the property owner. 41. Concrete driveway aprons shall be required at the intersections with City streets as per City detail plates and specification. 42. The Developer shall be responsible for installing the sidewalks within the project. Subsequent to installation, the sidewalks within the project and shall be maintained by the property owner. Such maintenance shall include but not be limited to promptly removing ice and snow, other obstructions, and repair and replacement as necessary to ensure the safe passage of pedestrians. This includes sidewalk connections located within the right-of-way that ultimately connect to the City trail system. 43. Prior to the issuance of a land disturbance permit, a final stormwater management plan shall be reviewed and approved by the City. This includes required treatment for upgraded Settlers Ridge Parkway and Hudson Road as identified by the City Engineer. 44. Prior to the issuance of a land disturbance permit, final utility plans shall be approved by the Engineering Division. 45. 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 shall be memorialized in the Development Agreement. 46. All public utility improvements and connections to the public systems shall be designed by the City in accordance with all City standard specifications, standard detail plates and standard plans. Easements and right of way necessary to accommodate public street and utility improvements will be determined by the final design and shall be shown on the Final Plat. 47. All rights-of-way, easements and outlots shall be kept free of plantings, retaining walls, signage, etc. that would affect their intended purpose. 48. The Applicant shall be financially responsible for any cost incurred for removal and/or relocation of existing small utilities, utility poles, undergrounding existing overhead electric utilities and other associated private utilities adjacent to and within the development and/or related to the public improvements needed to service the development. 49. Street lights shall be required to be installed by the Developer, at their cost, as directed by the City. 50. The location of landscaping irrigation lines shall be shown on the utility plan for irrigation of medians or at locations where irrigation lines cross public streets. 51. The irrigation system shall be designed to meet the following design requirements: Page 8 of 11  City Council Meeting Minutes Wednesday, September 9, 2020  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, in writing, by City staff.  Private irrigation wells as a back-up irrigation source are not permitted.  Irrigation heads shall be placed a minimum six (6) inches from back of curb, trail, sidewalk, or another hard surface.  EPA WaterSense approved smart controllers shall be used. The controller shall be approved by Engineering Staff in writing.  MP rotator heads or equivalent shall be used throughout. Voting via voice: Andrea Date – aye Amy Scoggins – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Councilmember Santini moved, seconded by Councilmember Morris, to approve the Final Plat and authorize the City Administrator and Mayor to execute the Development Agreement, Project No. 01-2020-00416, subject to the following conditions as outlined in Council Letter 20-213: 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 and rights-of-way (ROW) to match the utility and street plans being prepared by the City’s consultant engineer. All permanent easements and 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 Applicant. 3. This Final Plat approval shall be contingent on meeting all required findings of Section 21-16 of the Woodbury City Code. 4. Prior to the release of the Final Plat, the Applicant shall enter into a Development Agreement. 5. The Applicant shall be financially responsible for 100 percent of all storm sewer, sanitary sewer and watermain area and connection charges applicable to the property. 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 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 (5) 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. 8. The Applicant 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 Applicant. 9. The Final Plat shall be recorded prior to issuance of a building permit. Voting in Favor: Date, Scoggins, Morris, Santini, Burt Absent: None Discussion A. Consent Agenda Item E. Approval of City Hall and Entryway Improvement Project, Authorize Execution of Purchase Order Agreement, Authorize Execution of All Appropriate Documents and Additional Agreements to Complete the Project, Approve a Budget Amendment to the Capital Improvement Fund Engineering Director Chris Hartzell gave a history of the building and renovations of City Hall. A study in 2009 identified a number of safety and security improvements. Staff had planned a five-year horizon for complete improvements, but now recommended to complete all of the remodeling work now reducing the overall cost to the City. Staff thought the project minimized disruption to staff and the public. Kim Wilson, 9146 Cambridge Alcove, expressed concerns over funding. She said the Capital Improvement Plan is never utilized the way it is supposed to be. She was concerned over the increased cost. City Administrator Clinton Gridley said a plan is the City’s best estimate of what is going to happen. He said the project was always anticipated in the plan. He said staff thought about the disruption and the increased levels of staff working from home. The City was trying to save money and cause less disruption to staff and the public. Staff recommended consolidating phases one and two. Mayor Burt said the City did not plan for this, but it also did not plan for COVID-19. She thought the timing was right. Page 9 of 11  City Council Meeting Minutes Wednesday, September 9, 2020 Councilmember Morris asked if future Capital Improvement Plan budgets would be reduced by the placeholder for phase two. Mr. Gridley said that is absolutely correct. Councilmember Scoggins moved, seconded by Councilmember Morris, To adopt the following resolution Resolution 20-161 Resolution of the City of Woodbury, Washington County, Minnesota authorizing the Mayor and City Administrator to execute a Purchase Order Agreement with Kraus-Anderson Construction Company, all appropriate documents and additional agreements to complete the project, and approve a budget amendment to the Capital Improvement Fund. Voting via voice: Andrea Date – aye Amy Scoggins – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye B. Consent Agenda Item K. Approval to Amend Chapter 8 Fire Prevention and Protection Fire Marshall Rick Current explained the purpose of the amendment is to update and improve Chapter 8. He said it brought the ordinance in line with what is on the City’s web page and would help with citizen’s requests and complaints. Councilmember Date said she pulled the item because she and Councilmember Santini received a letter from a concerned resident. She asked if there had been a public process. Fire Marshal Current said he took the lead from some other communities. He also noted that some of the requests in the letter were not in the Fire Marshal’s jurisdiction. Councilmember Date talked about the Minnesota Pollution Control Agency and thought this might be an item to be reviewed for public process. Mr. Gridley said questions could be added to the community survey. Councilmember Santini said the resident made good points, but thought it was important to hear from more residents. Mr. Gridley discussed some options for the Council. Councilmember Scoggins was comfortable with the amendment and was not in favor of making it more restrictive. Councilmember Scoggins moved, seconded by Councilmember Morris, To adopt the following ordinance Ordinance 1986 Ordinance of the City of Woodbury, Washington County, Minnesota providing that the City Code be amended by amending Chapter 8, Fire Prevention and Protection. Voting in Favor: Date, Scoggins, Morris, Santini, Burt Absent: None Additional Virtual Open Forum Comments The additional open forum is a portion of the Council meeting where the City Council will allow persons (maximum of three), attending the Council meeting virtually, to address the Council on subjects which are not a part of the meeting agenda. Persons wishing to submit a question or comment virtually via the Q&A chat feature may do so on the right side of the live event screen. Please provide your name and address with your question for the official record. There were no additional comments from the public. Transportation Report (2nd meeting of the month, May-October) Page 10 of 11  City Council Meeting Minutes Wednesday, September 9, 2020 No items scheduled Administrative Report City Administrator Clinton Gridley gave a verbal update of upcoming City meetings. Neighborhood Meeting 1. PetSuites, September 14, 6:00 p.m. (meeting will be held virtually on the Microsoft Teams platform) Council Budget Workshop, September 16, 4:00 p.m., Public Safety Education Center Adjournment Mayor Burt moved, seconded by Councilmember Date, to adjourn the meeting at 9:16 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 September 30, 2020 Page 11 of 11