City Council

Minutes Woodbury City Council Wednesday, October 14, 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 14th day of October 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; Megan Beck, Communications Specialist; Karl Batalden, Community Development Coordinator; Chris Hartzell, Engineering Director; Janelle Schmitz, Community Development Director; and Clinton Gridley, City Administrator. Special Order of Business A. Presentation of Awards to Photo Contest Winners Communications Specialist Megan Beck explained that the City of Woodbury sponsored the 22 nd annual Focus on Woodbury photo contest. The contest is open to Woodbury residents and employees of Woodbury businesses. This year’s contest drew 223 entries. Normally the winners would be invited to the meeting, but due to the pandemic, this year would be all virtual. First place photos will be published in the October City Update newsletter. Additionally, selected photos are published throughout the year in Woodbury Magazine. The City also uses entries from the contest in various ways throughout the year, including on social media and other promotional materials. She then announced the awards to the following individuals: Nature 1st Place: “Prepare for Takeoff” by Tom Hawkinson 2nd Place: “Spring Storm” by Kent Nye 3rd Place: “Neowise over Woodbury” by Andy O’Meara Pets 1st Place: “Puppy LOVE!” By Sigrid Dabelstein 2nd Place: “Her Favorite Season” by Samu Miller 3rd Place: “Meow” by Heidi Hopps People 1st Place: “Topsy Turvy Summer” by Susan Jamison 2nd Place: “Quaranteam” by Mackenzie Harding 3rd Place: “Simple Summer” by Mackenzie Harding City Landmarks 1st Place: “Fading Day at Miller Barn, Valley Creek Park” by Brian Myer 2nd Place: “Sunshine on the Heritage House” by Heidi Hopps 3rd Place: “Broken Class” by Laila Masoud Events 1st Place: “Red Rock Teacher Parade” by Stephanie Lundell  City Council Meeting Minutes Wednesday, October 14, 2020 2nd Place: “Submerged” by Bethany Nordman 3rd Place: “COVID-19” by Donna Lloyd Reader's Choice Winner “Love Between Father and Daughter” by Nadine Schultz 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. Mike Mergens, Fitaholic Fitness, announced that the gym is holding a community event on October 24 th to support breast cancer awareness. The event is open to the community and involved a free open class and a fundraising raffle. 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 – September 30, 2020 Item B To adopt the following resolution Resolution 20-184 Resolution of the City of Woodbury, Washington County, Minnesota approving the First Amendment to the Contract for Private Redevelopment with Next-Tech Development LLC. Item C To adopt the following resolution Resolution 20-185 Resolution of the City of Woodbury, Washington County, Minnesota approving the updated Cobble Hill CDBG and HOME Written Agreements, satisfactions of mortgages, release of HOME declaration of covenants, and various documents related thereto. Item D To adopt the following resolution Resolution 20-186 Resolution of the City of Woodbury, Washington County, Minnesota authorizing the use of Ramsey- Washington Metro Trunk Storm Sewer Funds in 2020, selecting SEH for engineering consulting services and authorizing the preparation of Plans and Specifications for the Edgewood Avenue – Battle Creek Lake Culvert Improvements. Item E To adopt the following resolution Resolution 20-187 Resolution of the City of Woodbury, Washington County, Minnesota authorizing the use of Trunk Storm Sewer Funds in 2020 for the Erin Court Infiltration basin, Bailey Lake Lift Station Study, and Area Charge Updates. Item F To adopt the following resolution Resolution 20-188 Resolution of the City of Woodbury, Washington County, Minnesota appointing Tracy Sherbert to the position of Police Officer effective October 15, 2020, Alec Gulbranson to the position of Police Officer effective October 16,2020 and Brett Murphy to the position of Police Officer effective October 17, 2020. Item G To adopt the following resolution Resolution 20-189 Resolution of the City of Woodbury, Washington County, Minnesota appointing Brian Crask to the position of Building Inspector effective October 15, 2020. Page 2 of 6  City Council Meeting Minutes Wednesday, October 14, 2020 Item H The abstract of bills includes payments made from the operating or project budgets for expenses of the city. The expenditures are from all funds of the city. Any purchased contracts requiring signature of the mayor and City Administrator is hereby approved. Staff recommends approval of the abstract of bills for September 25, 2020 in the amount of $1,779,808.27 and October 2, 2020 in the amount of $673,247.07. 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 Swearing in of New Police Officers A. Meaning of the Badge Public Safety Director/Police Chief Lee Vague shared the meaning of the badge and called Tracy Sherbert, Alec Gulbranson and Brett Murphy forward. B. Oath – Mayor Burt and New Police Officers Tracy Sherbert, Alec Gulbranson and Brett Murphy Mayor Burt presided over the swearing in of Police Officers Tracy Sherbert, Alec Gulbranson and Brett Murphy, after which they each had their badges pinned on by a family member or other important person in their life. Public Hearings A. Math and Science Academy Conduit Debt Refinancing Mayor Burt declared the public hearing open and recognized Community Development Coordinator Karl Batalden to give the background. Mr. Batalden presented the proposed bond issuance. MSA Building Company has requested the City of Woodbury issue not more than $10 million in conduit revenue bonds to refund debt previously issued by the City of Woodbury in 2012 connected to the Math and Science Academy. The proceeds of the proposed bond issuance will be used to: 1. Redeem and prepay the outstanding principal amount of the 2012 bonds; 2. Fund a debt service reserve fund; and 3. Pay a portion of the costs of issuing the bonds. Conduit bonds are a common financing mechanism that allows a project to use tax-exempt bonds as its funding mechanism rather than taxable bonds. This will result in significant interest cost savings to the Math and Science Academy over the life of the bonds. Banks purchase municipal bonds to obtain the benefit of earning tax-exempt interest. Cities, Housing and Redevelopment Authorities and Economic Development Authorities may each issue up to $10 million of bank qualified debt annually. Only a portion of the proposed bonds affect Woodbury’s annual bank qualified cap. As such, the proposed issuance benefitting the Math & Science Academy should not conflict with other debt issuances planned by the City for the 2020 calendar year. Woodbury has a long history of issuing conduit bonds to facilitate development. Bonds will be a special, limited obligation of the City:  No general or moral obligation of the City.  Not secured by the taxing powers of the City or any assets or property of the City. Math and Science Academy will pay all costs associated with the issuance of the bonds. Mr. Batalden talked about risk management. 1. Conduit bonds have been authorized in Minnesota for more than 50 years. 2. In no instance has a city, Housing and Redevelopment Authority or Economic Development Authority been included in litigation related to a default on a conduit revenue bond. 3. The documents prepared by bond counsel include indemnification provisions that require the City to be reimbursed by the conduit borrower for any expenses the City incurs with respect to this financing. Page 3 of 6  City Council Meeting Minutes Wednesday, October 14, 2020 Staff recommends Council adopt the draft resolution authorizing the issuance of revenue bonds under Minnesota Statutes, Sections 469.1655, as amended, to refinance an existing public schoolhouse for the benefit of MSA Building Company and Math & Science Academy, approving related documents; and taking certain other action with respect thereto. Councilmember Scoggins moved, seconded by Councilmember Date, 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, in reference to the bank qualified debt cap, how much advance notification did staff receive to ensure there was no other debt coming this year. Mr. Batalden said staff began working on the Math & Science Academy about two months ago. Step one is working with the Finance Department to identify the city’s needs because the city’s needs are the first priority. The impact to the bank qualified cap is about $1.3 million. Mr. Batalden added there is a small chance for an opportunity to refund at the end of the year; however, the amount is small enough that the City can pull the trigger if it needed to. Councilmember Date moved, seconded by Councilmember Santini, To adopt the following resolution Resolution 20-190 Resolution of the City of Woodbury, Washington County, Minnesota authorizing the issuance of revenue bonds under Minnesota Statutes, Section 469.152 through 469.165, as amended, to refinance an existing public schoolhouse for the benefit of MSA Building Company and Math & Science Academy, approving related documents; and taking certain other actions with respect thereto. Voting via voice: Andrea Date – aye Amy Scoggins – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye B. Assessment of Stephens Way (MSAS Route 143) Street Extensions & Bielenberg Drive/Tamarack Road Intersection Improvements Mayor Burt declared the public hearing open and recognized Engineering Director Chris Hartzell to give the background. Mr. Hartzell explained that the project is bounded by Tamarack Road to the north, Bielenberg Drive to the east and the Tamarack Swamp to the south. The recent improvements in the area include Saluté Dental, Premier Bank and Stephens Way (MSAS Route 143). The City entered into multiple Development Agreements which required developers to fund improvements necessary to serve the development. The developers each signed a waiver of hearing notice to waive the Public Improvement Hearing. However, the development has since subdivided and changed ownership. Mr. Hartzell shared the project funding. Minnesota Eye is proposed to be assessed $178,430.62 and Launch/Tamarack is proposed to be assessed $1,296,202.58 for a total of $1,474,633.20 Total Assessments. Staff recommends Council adopt the draft resolution for the Assessment of Stephens Way (MSAS Route 143) Street Extension and Bielenberg Drive/Tamarack Road intersection. 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. Page 4 of 6  City Council Meeting Minutes Wednesday, October 14, 2020 Councilmember Date moved, seconded by Councilmember Scoggins, To adopt the following resolution Resolution 20-191 Resolution of the City of Woodbury, Washington County, Minnesota for the Assessment of Stephens Way (MSAS Route 143) Street Extension & Bielenberg Drive/Tamarack Road Intersection Improvements. Voting via voice: Andrea Date – aye Amy Scoggins – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye C. Certifying Delinquent Unpaid Special Charges – Property Cleanup to the Washington County Auditor Mayor Burt declared the public hearing open and recognized Community Development Director Janelle Schmitz to give the background. Ms. Schmitz explained the public hearing is being held to certify unpaid special charges for property cleanup to the Washington County auditor. The public hearing follows a long process that has happened over the course of the year. As properties are issued code enforcement citations, they are given a specified time to correct the violation. The City’s standard practice is to issue two written warnings. If not corrected, the City can abate the nuisance and bill the property owner for cost incurred. If the invoice is not paid, the cost is placed as a pending assessment on the property. The City does an annual review in the fall of the status of unpaid special charges. Pursuant to Minnesota Statutes Chapter 429, the City may certify the unpaid special charges for property cleanup as a special assessment. The total amount of delinquent unpaid special charges is $1,974.00. All accounts will be charged 3% interest on their balance and pursuant to the fee schedule the City will also be collecting a $25 special assessment administrative fee per property. Staff recommends Council adopt the draft resolution Certifying Delinquent Unpaid Special Charges – Property Cleanup to the 2021 property taxes. 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 moved, seconded by Councilmember Date, To adopt the following resolution Resolution 20-192 Resolution of the City of Woodbury, Washington County, Minnesota certifying Delinquent Unpaid Special Charges – Property Cleanup to the 2021 property taxes. Voting via voice: Andrea Date – aye Amy Scoggins – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Additional Virtual Open Forum Comments The additional virtual 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 Page 5 of 6  City Council Meeting Minutes Wednesday, October 14, 2020 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. Transportation Report (2nd meeting of the month, May-October) No items scheduled Administrative Report City Administrator Clinton Gridley gave a verbal update of upcoming City meetings. Council Workshop Meeting of October 21, 2020 1. Water Treatment Master Plan and State Conceptual Drinking Water Supply Plan 2. Gambling Ordinance 3. Gold Line Station Area Master Plan 4. Housing Action Plan Adjournment Mayor Burt moved, seconded by Councilmember Morris, to adjourn the meeting at 8:06 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 October 28, 2020 Page 6 of 6