City Council

Minutes Woodbury City Council Wednesday, December 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 December 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; Mary Tietjen, City Attorney; Janelle Schmitz, Community Development Director; Tony Kutzke, City Engineer; Mike Hejna, Engineer I; and Chris Hartzell, Engineering Director. Special Order of Business A. Recognition of Retiring City Council Member Amy Scoggins A video was presented detailing the 16 years Councilmember Scoggins spent on the City Council. Mayor Burt read Resolution 20-223, a resolution recognizing retiring City Councilmember Amy Scoggins. Councilmember Date moved, seconded by Councilmember Morris, To adopt the following resolution Resolution 20-223 Resolution of the City of Woodbury, Washington County, Minnesota recognizing retiring City Council Member Amy Scoggins. Voting in Favor: Date, Scoggins, Morris, Santini, Burt Absent: None Mayor Burt presented Councilmember Scoggins with a gift from the Council in recognition of her service. City Administrator Clinton Gridley presented a signed soccer ball in recognition of Councilmember Scoggins service on the HealthEast Sports Center. He presented her with books in recognition of her service on the Library Committee. And Mr. Gridley presented Councilmember Scoggins with a picture of an unrealized aquatic center. Each Councilmember shared memories and their thanks of serving with Councilmember Scoggins. Mr. Gridley added his memories and thank you. Councilmember Scoggins thanked everyone who has reached out to her over the past few weeks. She shared what the past 16 years of service has meant to her. City Clerk Kimberlee Blaeser read a note posted online from Margaret Wacholz. as follows: I met Councilmember Amy Scoggins 18 years ago at an ECFE class. I was intrigued with her intellect, insight and fun comments at a class and as our children grew. She’s carried this trait in her many tasks as a citizen of Woodbury. She is humble and kind. She never seeks thanks. She is authentic. Inez  City Council Meeting Minutes Wednesday, December 9, 2020 Oehlke used to say Woodbury is in good hands. And that was thanks to one of the most important persons in our Woodbury Council, Amy and her years of service. I admire Amy. I love how she loves Chip and her children and her church. Amy Scoggins is a good steward of money; this we appreciate very much. I would have loved her to approve millions for the Miller Barn project, but alas I’m grateful for Amy’s service and I cannot imagine the amount of time spent in preparation for all the projects for our wellbeing. I love Amy and I appreciate her very much. B. Report on November 18, 2020 Closed Session regarding City Administrator Performance Review City Attorney Mary Tietjen stated that on November 18, 2020 the City Council convened a closed meeting pursuant to Minnesota Statute 13D.05 Subdivision 3a to discuss matters on the Annual Performance Review of the City Administrator. The closed meeting was attended by the Mayor and all City Council Members, as well as myself and Mr. Mo Fahnestock from Authentic Leadership (city engaged consultant for review of the administrator). The Council received updated information from the consultant, including a report of councilmember interviews, performance assessment, and rating on leadership skills and attributes. The review was highly satisfactory. There was consensus and direction to give the administrator a salary increase of 3% effective January 1, 2021 dependent on the percentage increase allowed for local government compensation limits, which is set by the State Office of Management and Budget. 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. Discussion A. Truth in Taxation Public Meeting – 2021 Property Tax Levy and Budget Mayor Burt declared the public meeting open and recognized City Administrator Clinton Gridley to make the presentation. Mr. Gridley covered the following topics in his presentation:  Budget Public Process  2021 Budget Calendar  Fiscal Health o Balanced Budget o Managed Cash Flow o High Revenue Collection Rates o Strong General Fund Balance to Expenditures o Growth in Property Values o Low Revenue Risks  Transparency  Continuous Excellence Awards o 2020 50 Best Places to Live by Money Magazine o 2020 Certificate of Excellence in Performance Management by ICMA o Since 2001 Certificate for Excellence in Financial Reporting by Government Finance Officers Association o Since 2009 AAA Bond Rating by Standard & Poor’s  Serving a Growing Population  Fiscal Health – Risks o Natural Disasters o Intergovernmental Revenues o Growing Infrastructure Replacement Backlog o Unfunded Public Pension Liabilities o Insurance Claims o State Mandates or loss of Home Rule authority o Growth in Inflation and Population o Lack of General Fund Revenue Diversification o Reliance on Development o Current Draws on Fund Balance o Metropolitan Fiscal Disparity Program  Fiscal Disparities  2021 Budget Details o 2021 Budget Expenditure Drivers Page 2 of 16  City Council Meeting Minutes Wednesday, December 9, 2020  Flat or declining non-tax revenues  Street Reconstruction  Parks and Trails replacement  Personnel  Service demands from growing population  Water and Sewer costs o 2021 Budget Highlights  Total City Revenues - $91.8 million (decrease 5.0%)  City and HRA Tax Levy - $39.8 million (increase 4.9%)  Non-Levy Revenues - $52 million (decrease 11.5%)  Operating Expenditures - $62.8 million (increase 3.7%)  Capital Expenditures - $27.6 million (decrease 17.1%)  Debt Service Expenditures - $10.5 million (increase 64.3%) o Property Tax Levy Allocation  General Fund  EMS Fund  HERO Training Center  Capital Improvements  Street Reconstruction  Parks and Trails Replacement  Debt Service  HRA o General Fund Revenues  Property Taxes  Licenses and Permits  Intergovernmental  Recreation and Services  Transfers In / Other  Use of Fund Balance o General Fund Position Requests  One Administration Intern  One Accountant II (2020 approved hire)  One Police Sergeant  One PSW – Municipal Fleet Technician  Three Eliminated Positions – Finance, Planning and Engineering  One Net General Fund Addition o Employees Per 1,000 Capita o EMS Fund Levy o HERO Training Center Fund Levy o Capital Improvements Levy o Street Reconstruction Levy o Parks and Trails Replacement Levy o Debt Service Levy o HRA Levy  Property Tax Calculation o For Governments – Property Tax Levy ÷ Tax Base = Tax Rate o For Taxpayers – Parcel Valuation × Tax Rate = Tax Bill  Taxable Market Value Change  Tax Capacity  Falling Property Tax Rates  Property Tax Summary o Median Value Home Impact – 3.8% / $41 o Change in City Property Tax Rate – (0.7)% o % Change in Property Tax Levy – 4.9%  15 Years of Property Tax Levy Changes  Variable Annual Property Tax Impacts  Estimated Impacts of Levy Increase  Residential City Property Tax Changes  Tax Levy Distribution o School District – 50% o City of Woodbury – 25% o Special Taxing Districts – 2% o Washington County – 23%  Tax Rate Comparison Page 3 of 16  City Council Meeting Minutes Wednesday, December 9, 2020  Proposed Rate Changes o Water administrative charge - $2.00/quarter o Water tier rates - $0.20/1,000 gallons o Sanitary sewer MCES rates – No change o City sanitary sewer operating - $1.13/quarter o Irrigation (HOA and commercial) - $0.23/1,000 gallons o Storm water fee – 3.0% o Street lighting – No change o Ambulance rate – No change  Property Tax Relief Programs o Property Tax Refund  Based on income and property tax due  2021 limits are not yet available o Special Property Tax Refund  No income requirements  For property owners whose taxes increased more than 12% and the increase was at least $100  The refund is 60% of the increase over 12%  Maximum of $1,000  Must own and occupy home on January 2, 2020 and January 2, 2021  File by August 15, 2021  Information available on M1PR State Tax Form or call 651-296-3781 Mayor Burt thanked Mr. Gridley for the summary. She said it reminded her of how much work the budget takes throughout the year. She thanked Mr. Gridley and staff for keeping all of it rolling year to year. City Clerk Kimberlee Blaeser read a comment posted online from Amanda Hemmingsen-Jaeger, 583 Eagle Ridge Road, as follows: Previous meetings and workshops discussed appropriating money for a diversity equity and inclusion director. However, I didn’t notice such a position on the staffing plan slide. Could you please describe how this position will be allocated or how work surrounding diversity and inclusion will be done? Mr. Gridley said the Council had a very active discussion concerning this. They talked about the programs that were already in place since 2012 and the best way to move forward. He said there were quite a few staff members that are passionate about this topic. There was a discussion about bringing in a leadership position, but the conclusion was to create capacity by bringing in an administration intern. The Council will have the opportunity to reevaluate mid-year. Mayor Burt asked about the timing for the intern. Mr. Gridley said they were already in the interview process. Councilmember Scoggins moved, seconded by Councilmember Date, To adopt the following resolution Resolution 20-224 through Resolution 20-252 Resolution of the City of Woodbury, Washington County, Minnesota adopting various 2021 budget adoption resolutions. Voting via voice: Andrea Date – aye Amy Scoggins – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye 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 – November 10, 2020 Item B Approval of Canvassing Board Minutes – November 12, 2020 Page 4 of 16  City Council Meeting Minutes Wednesday, December 9, 2020 Item C To adopt the following resolution Resolution 20-253 Resolution of the City of Woodbury, Washington County, Minnesota approving Brookview Elementary/North Bluff Trail Encroachment Agreements with Northern Natural Gas Company and authorizing the Mayor and City Administrator to sign said two encroachment agreements. Item D To adopt the following resolution Resolution 20-254 Resolution of the City of Woodbury, Washington County, Minnesota authorizing the acceptance of gift sponsorship donations totaling $24,800, from various Woodbury businesses and individuals. Item E To adopt the following resolution Resolution 20-255 Resolution of the City of Woodbury, Washington County, Minnesota approving the 2021 Management Agreement by and between the City of Woodbury and the Housing and Redevelopment Authority in and for the City of Woodbury. Item F To adopt the following ordinance Ordinance 1990 Ordinance of the City of Woodbury, Washington County, Minnesota providing that the City Code be amended by amending Chapter 6- Buildings and Building Regulations, Article II- Building Code, Division 1- Generally, Section 6-17- Adoption by Reference. Item G To adopt the following ordinance Ordinance 1991 Ordinance of the City of Woodbury, Washington County, Minnesota providing that the City Code be amended by amending Chapter 19, Solid Waste, Article I – In General, Section 19-14, Storage and placement for collection. Item H To adopt a motion authorizing the Mayor and City Administrator to execute the Private Stormwater Maintenance and License Agreement. Item I To adopt a motion extending the project approvals for Meadowood Villas, Project No. 06-2019-00342 subject to the conditions of approval listed in Council Letter 20-292: 1. All conditions of the original approval shall remain in full force and effect. 2. The extension shall expire on December 9, 2021 unless a building permit has been issued or an additional time extension has been granted. Item J To adopt the following resolution Resolution 20-256 Resolution of the City of Woodbury, Washington County, Minnesota establishing a public improvement hearing date of January 13, 2021, for the CSAH 19 (Woodbury Drive) Corridor Management and Safety Improvement Project. Item K To adopt the following resolution Resolution 20-257 Resolution of the City of Woodbury, Washington County, Minnesota authorizing the Mayor and City Administrator to execute the METRO Gold Line Subordinate Funding Agreement #2 to the Master Funding Agreement between the City of Woodbury and the Metropolitan Council. Item L To adopt the following resolution Resolution 20-258 Resolution of the City of Woodbury, Washington County, Minnesota authorizing the Mayor and City Administrator to execute the METRO Gold Line Subordinate Funding Agreement #3 to the Master Funding Agreement between the City of Woodbury and the Metropolitan Council. Item M To adopt the following resolution Resolution 20-259 Resolution of the City of Woodbury, Washington County, Minnesota authorizing the Mayor and City Administrator to execute the METRO Gold Line Subordinate Funding Agreement #4 to the Master Funding Agreement between the City of Woodbury and the Metropolitan Council. Page 5 of 16  City Council Meeting Minutes Wednesday, December 9, 2020 Item N To adopt the following resolution Resolution 20-260 Resolution of the City of Woodbury, Washington County, Minnesota authorizing an engineering consulting services agreement with SEH, Inc., preparation of the preliminary report, and preparation of plans and specifications for the Lake Road and Pioneer Drive Intersection Project. Item O To adopt the following resolution Resolution 20-261 Resolution of the City of Woodbury, Washington County, Minnesota providing the City of Woodbury’s Official Comments on the State of Minnesota 3M PFC Settlement Draft Conceptual Drinking Water Supply Plan. Item P To adopt the following resolution Resolution 20-262 Resolution of the City of Woodbury, Washington County, Minnesota for the assessment of utility charges for the Spancil Hill Addition. Item Q 1. To adopt the following ordinance Ordinance 1992 Ordinance of the City of Woodbury, Washington County, Minnesota providing that the City Code be amended by amending Sections 2-3, Fees for Various Services of Article I of Chapter 2, Administration; and 2. To Authorize staff to publish the Summary of the Fee Ordinance in the City’s designated official newspaper, the St. Paul Pioneer Pres. It should be noted that a printed copy of the entire Ordinance will be available for inspection by any person during regular office hours at the City Administrator’s office. Item R 1. To adopt the following resolution Resolution 20-263 Resolution of the City of Woodbury, Washington County, Minnesota awarding the sale of General Obligation Improvement Bonds, Series 2020A, in the original aggregate principal amount of $7,015,000; fixing the form and specifications; directing their execution and delivery and providing for their payment; and 2. To adopt a motion authorizing the Controller to enter into an agreement with Ehlers for arbitrage calculations and the continuing disclosure requirements of the bonds. Item S To adopt the following resolution Resolution 20-264 Resolution of the City of Woodbury, Washington County, Minnesota authorizing acceptance CARES Act Provider Relief Fund and approving associated Budget Amendment. Item T To adopt a motion approving the 2021 – 2025 Capital Improvement Plan Item U To adopt the following resolution Resolution 20-265 Resolution of the City of Woodbury, Washington County, Minnesota authorizing the acceptance of grant funds of $5,200 from the U.S. Department of Justice, Office of Justice Programs, Bulletproof Vest Partnership Program. Item V To adopt the following resolution Resolution 20-266 Resolution of the City of Woodbury, Washington County, Minnesota approving the designation of polling places for 2021 elections and all subsequent elections until changed by the City Council of the City of Woodbury. Item W To adopt a motion approving the addendum to recording secretary service agreement by and between Timesaver Off Site Secretarial, Inc. and the City of Woodbury and to authorize the Mayor and City Administrator to sign the addendum to the agreement. Item X 2021 Advisory Commission Appointments and City Council Assignments for 2021. This item was pulled from the Consent Agenda and will be reviewed by the City Council during their regular January 13, 2021 meeting. Page 6 of 16  City Council Meeting Minutes Wednesday, December 9, 2020 Item Y To adopt the following ordinance Ordinance 1993 Ordinance of the City of Woodbury, Washington County, Minnesota providing that the City Code be amended by amending Woodbury City Code Chapter 2, Administration, Article VIII Boards and Commissions and Chapter 17 – Planning and Development – Division 2 Economic Development Commission, Section 2- 368 (a) Officers and Meetings; Division 3 Audit and Investment Commission, Section 2-373 (a) Officers and Meetings; Division 6 Woodbury Parks and Natural Resources, Section 2-393 – Woodbury Parks and Natural Resources Commission (b)(1) Membership and (c)(3) Officers and Meetings and Chapter 17 Planning and Development, Article II Planning and Zoning Commission, Section 17 17 Membership. Item Z 1. To adopt the following ordinance Ordinance 1994 Ordinance of the City of Woodbury, Washington County, Minnesota providing that the City Code be amended by amending Chapter 11- Licenses, Permits and Miscellaneous Business Regulations, Article IX – Bingo, Raffles, etc.; and 2. To Authorize staff to publish the Summary of the Ordinance Amending Chapter 11 – Licenses, Permits and Miscellaneous Business Regulations, Article IX – Bingo, Raffles, etc. It should be noted that a printed copy of the entire Ordinance will be available for inspection by any person during regular office hours at the City Administrator’s office. Item AA To adopt a motion approving the 2021 City Council meeting calendar as listed in Council Letter 20-310. Item AB To adopt a motion designating the St. Paul Pioneer Press as the City’s official 2021 legal publication newsletter. Item AC To adopt proposed 2021 legislative program. Item AD To adopt the following resolution Resolution 20-267 Resolution of the City of Woodbury, Washington County, Minnesota amending Council Directive CD- ADMIN-1.3 Health Care Savings Plan Policy. Item AE To adopt the following resolution Resolution 20-268 Resolution of the City of Woodbury, Washington County, Minnesota establishing the 2021 Classification and Compensation Plan for Unrepresented Employees. Item AF To adopt the following resolution Resolution 20-269 Resolution of the City of Woodbury, Washington County, Minnesota appointing Kevin Asauskas effective January 4, 2021 and Michael Martin effective January 2, 2021 to the position of Firefighter. Item AG To adopt the following resolution Resolution 20-270 Resolution of the City of Woodbury, Washington County, Minnesota appointing Andrew Osendorf to the position of Public Service Worker – Parks (Horticulture) effective December 14, 2020. Item AH 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 November 6, 2020 in the amount of $3,841,144.99, November 13, 2020 in the amount of $1,942,055.35, November 20, 2020 in the amount of $1,596,304.44, and November 25, 2020 in the amount of $3,384,797.51. Councilmember Scoggins moved, seconded by Councilmember Date, to approve the Consent Agenda items, with the Exception of Item X. Page 7 of 16  City Council Meeting Minutes Wednesday, December 9, 2020 Voting via voice: Andrea Date – aye Amy Scoggins – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Public Hearings A. Lund Beverages, LLC dba Lunds & Byerlys Wines & Spirits, 7050 Valley Creek Plaza, Off Sale Intoxicating Liquor License Mayor Burt declared the public hearing open and recognized City Clerk Kimberlee Blaeser to give the background. Ms. Blaeser explained that Lund Food Holdings, Inc. dba Lunds & Byerlys Wines & Spirits will be realigning their entity structure to Lund Beverages LLC effective January 4, 2021. As a result of the realignment, Lund Beverages LLC dba Lunds & Byerlys Wines & Spirits has applied for a new off sale intoxicating liquor license for their location at 7050 Valley Creek Plaza. Lund Beverages LLC is owned 100% by Lund Food Holdings, Inc. The principal owners of Lund Food Holdings, Inc. are comprised of 10 trusts with five trustees owning more than 5% of the trusts. They are as follows: Patricia R. Lund 51.948%, Russell T. Lund III 9.090%, Shauna L. McFeeley 9.090% and Robert T. Lund 9.090%. The Corporate Officers of Lund Beverages LLC are: Russell T. Lund III, Chairman and CEO and Von Paul Martin, Chief Administrative Officer. Relative to criminal history checks and background checks conducted by staff as to principal owners, trustees and corporate officers, the following individuals have no pertinent criminal history relative to this application: Russell T. Lund III, Von Paul Martin, Patricia R. Lund (deceased), Shauna L. McFeeley and Robert T. Lund. The City Attorney has reviewed the application materials and has found them to be in order. Staff recommends Council approve issuing an off-sale intoxicating liquor license to Lund Beverages, LLC dba Lunds & Byerlys Wines & Spirits effective January 4, 2021. Mayor Burt 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 Scoggins moved, seconded by Councilmember Date, to approve issuing an off-sale intoxicating liquor license to Lund Beverages, LLC dba Lunds & Byerlys Wines & Spirits located at 7050 Valley Creek Plaza effective January 4, 2021. Voting via voice: Andrea Date – aye Amy Scoggins – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye B. Hiway Credit Union, Conditional Use Permit, Preliminary Plat, and Site and Building Plan, Project No. 07-2020- 00419 Mayor Burt declared the public hearing open and recognized Community Development Director Janelle Schmitz to give the background. Ms. Schmitz explained that HTG Architects on behalf of Hiway Credit Union has submitted an application for a Conditional Use Permit, Preliminary Plat and Site and Building Plan for a new financial institution. The Applicant is proposing to remove the existing buildings at 1580 Woodlane Drive and construct a new 5,105 square foot credit union with a drive thru. The property is located at the northwest corner of Valley Creek Road and Woodlane Drive. The property is zoned B-2, General Business District and is guided as Places to Shop on the Land Use Plan. The existing building was constructed in 1976 for Minnesota Federal Bank. In 1993, the use changed to retail Page 8 of 16  City Council Meeting Minutes Wednesday, December 9, 2020 which remains the existing uses found onsite. A Conditional Use Permit is required for a bank with a drive thru located within the B-2, General Business District. The Applicant is proposing to utilize the existing access point from Woodlane Drive into the site for vehicle access. It is anticipated that the trip generation for the proposed financial institution use will be less than the existing retail uses currently found onsite. Furthermore, the Applicant proposes to rebuild the existing northbound trail to better meet boulevard design requirements. This trail will extend to the northern property line to facilitate future extension along existing commercial properties to the north and the Gold Line project. For financial institution uses, the Zoning Ordinance requires one stall per 200 square feet, or 26 stalls. The Applicant is proposing to construct 29 stalls to meet this need. Additionally, the applicant is providing space for stacking to occur for the drive thru lanes. The Applicant is proposing to install 18 trees, 47 shrubs and numerous perennials. As part of the redevelopment process, six trees will be removed from the site. The Applicant shall be required to meet tree canopy requirements prior to the issuance of a land disturbance permit. Stormwater management for the site will be designed to meet quality, quantity and rate control requirements. The Applicant is proposing two underground filtration basins. This system must be approved prior to the issuance of demolition and land disturbance permit. The Zoning Ordinance requires commercial buildings to be constructed with 65% Class I materials which includes brick, glass and stone. The existing building found onsite does not meet this aesthetic and quality requirements as the structure was built in advance of the creation of the architecture ordinance. The Applicant is proposing to construct the Hiway Credit Union building out of 83% Class I materials featuring large windows on all elevations and honed stone panels. Planning Commission Member Kay Kern noted that Planning Commission had recommended approval of this request with Member Jarrett abstaining. The Commission discussed the drive thru and headlights. Mayor Burt 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 commented that it is a very nice-looking building for a prominent corner. Councilmember Morris asked if the sub-tenants are being relocated within the City. Ms. Schmitz said their leases run through March, but she was unaware as to any of their plans. Councilmember Morris asked if the large elevation change on the south side of the property is a wall or a berm. Ms. Schmitz thought it is a retaining wall. Councilmember Morris asked about the proposed sidewalk. Ms. Schmitz answered that it would be a trail along Valley Creek Road and sidewalk along Woodlane Drive. Councilmember Scoggins asked if the stormwater management is an improvement over the current state. City Engineer Tony Kutzke said the site is currently undertreated for stormwater and the plan to do underground systems will meet the requirements. Councilmember Scoggins moved, seconded by Councilmember Morris, To adopt the following resolution Resolution 20-271 Resolution of the City of Woodbury, Washington County, Minnesota adopting findings of fact for Hiway Credit Union, Project No. 07-2020-00419. Voting via voice: Andrea Date – aye Amy Scoggins – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Councilmember Scoggins moved, seconded by Councilmember Date, to adopt a motion approving the Hiway Credit Union Preliminary Plat and Site and Building Plan, Project No. 07-2020-00419, all subject to the following conditions as outlined in Supplemental Council Letter 20-318: Page 9 of 16  City Council Meeting Minutes Wednesday, December 9, 2020 1. The 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. 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. 3. The Final Plat shall be approved by the City Council and released for recording prior to the issuance of a building permit. 4. This approval does not include signs. A separate sign permit is required for all proposed signage. 5. Final landscaping plan shall be approved by staff prior to the issuance of a building permit. The plan shall be updated to meet City requirements for tree canopy coverage. 6. Prior to the issuance of a building permit, a landscape financial security shall be submitted in accordance with the Zoning Ordinance. 7. Prior to the issuance of a building permit the applicant shall provide a cross- access agreement with the parcel to the north. 8. All areas of the site, where practical, shall be sodded and maintained. 9. All ground mounted mechanical equipment shall be hidden from view with materials that match the materials and colors used on the building. 10. Any future trash enclosures shall utilize wooden gates and shall be constructed on three (3) sides using the same materials and patterns used on the building. The location shall be approved by the Planning Division. 11. 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. 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. 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. 14. 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 storm water does not leave the project site. 15. All disturbed boulevards shall be restored with sod. The property owner shall mow and maintain all onsite turf to the edge of the adjacent public street. 16. All 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. 17. 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. 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 Developer. 18. Prior to the issuance of a building permit final utility plans shall be approved by the Engineering Department. 19. 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. Snow storage cannot be in stored in required parking stalls, public walkways, or adjacent to stormwater manholes. 20. 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 the Planning staff. 21. 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. 22. Prior to the issuance of a land disturbance permit, the Applicant shall execute an operations and maintenance agreement in a format approved by the City. 23. Irrigation system information meeting the following requirements must be submitted before a land disturbance permit will be released: a) System must be designed by a certified irrigation contractor. b) The system, including pumps, controllers, connections and irrigation line placement must be submitted for review and approval by City staff. c) Private irrigation wells as a back-up irrigation source are not permitted. d) Irrigation heads shall be placed a minimum six (6”) inches from back of curb, trail, sidewalk, or other hard surface to avoid damage. e) Irrigation mainlines must be placed outside of right-of-way to avoid damage. f) EPA WaterSense approved smart controllers shall be used. The controller shall be approved by Engineering Staff in writing. g) Drip irrigation, high efficiency rotating nozzles, pressure regulated spray and rotors, and other efficiency component shall be used. 24. Prior to the release of a land disturbance or demolition permit, staff shall review and approve, in writing, the stormwater design and calculations. This includes shop drawings of the underground systems. 25. Prior to the issuance of a building permit, the Applicant shall provide a revised landscaping plan with low level plantings along the southern property line identified, to screen headlights from the road. Page 10 of 16  City Council Meeting Minutes Wednesday, December 9, 2020 26. Prior to the issuance of a building permit, the Applicant shall provide a directional signage and striping plan. 27. The Applicant shall review opportunities to incorporate additional pedestrian access into the site. Voting in Favor: Date, Scoggins, Morris, Santini, Burt Absent: None C. Chase Bank, Amendment Planned Unit Development, Conditional Use Permit, and Site and Building Plan, Project No. 08-2020-00420 Mayor Burt declared the public hearing open and recognized Community Development Director Janelle Schmitz to give the background. Ms. Schmitz explained that JPMorgan Chase Bank N.A. has submitted an application for an Amended Planned Unit Development, Conditional Use Permit and Site and Building Plan for a new financial institution. The Applicant is proposing to remove the existing building at 7020 Valley Creek Plaza and construct a new 3,293 square foot bank with a drive through. The property is located north of Valley Creek Road and west of Valley Creek Plaza. The property is zoned B-3, Planned Shopping Center District and is guided as Places to Shop on the Land Use Plan. The existing building was constructed in 1991 for Barnes and Noble which relocated to City Place in 2019. The Woodbury Village PUD identified the type and number of permitted and conditional uses within the development. The PUD has been amended on several occasions and remains in full force and effect. The only modification within this proposal is to add an additional financial institution with drive through as a conditional use. The existing findings of fact for the Woodbury Village PUD remain in full force and effect. The site is served by the existing access point off of Valley Creek Road that served the previous Barnes and Noble use as well as other commercial uses within Woodbury Village. It is anticipated that traffic generated by the proposed use will be less than the previous retail user. The proposed sidewalk connects to the existing trail along the north side of Valley Creek Road and will extend through the site to provide access to the rest of Woodbury Village. The Applicant is proposing to install trees and shrubs as identified on the landscaping plan that enhance the existing landscaping found onsite. The Applicant shall submit revised landscaping plans that provide an alternate method of screening the drive through in the southeast corner. Stormwater management for the site will be designed to meet quality, quantity and rate control requirements. The Applicant is proposing both an underground filtration basin located to the north of the building and a surface basin located to the east. These systems shall be fully reviewed and approved prior to the issuance of demolition and land disturbance permit. The Zoning Ordinance requires commercial buildings to be constructed with 65% Class I materials which includes brick, glass and stone. The Applicant is proposing to construct the Chase Bank building out of 68% Class I materials. The proposed materials are designed to complement the other uses found within Woodbury Village. Planning Commission Member Kay Kern said the Commission’s main concern is the filtration basin and whether it would be able to withstand run off. Other concerns involved the door of the trash area and the crosswalk. She said that the Planning Commission had recommended approval of this request. Mayor Burt 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 about the plan for the sign. Ms. Schmitz said sign permits are reviewed after approval. Mayor Burt asked if the infiltration basin had a lot of native plants noting that they take a few years to develop. Ms. Schmitz thought that was correct. Councilmember Scoggins asked about the clockwise drive through. Terron Wright, the Applicant, said that site access dictated the placement of the ATM and drive through. Additionally, site circulation was taken into consideration for trash, etc. Councilmember Morris asked about the location of the mechanical equipment. Ms. Schmitz said it would be rooftop and they would have to be screened. City Clerk Kimberlee Blaeser read a comment posted online from Denise Koukal, 529 Eagle Ridge Road, as follows: If there has to be a trail could concrete be considered instead of asphalt? Page 11 of 16  City Council Meeting Minutes Wednesday, December 9, 2020 Ms. Schmitz explained that the north south segment is a sidewalk, which is concrete, and the segment along Valley Creek is a trail which would be black top consistent with other trails. Mayor Burt asked City Administrator Clinton Gridley to explain why the trails are asphalt. Mr. Gridley said generally speaking the City’s trails are asphalt and the sidewalks are concrete. There had been some unique circumstances where the City had chosen concrete for trails. Councilmember Scoggins moved, seconded by Councilmember Date, To adopt the following resolution Resolution 20-272 Resolution of the City of Woodbury, Washington County, Minnesota adopting findings of fact for Chase Bank, Project No. 08-2020-00420. Voting via voice: Andrea Date – aye Amy Scoggins – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Councilmember Scoggins moved, seconded by Councilmember Date, to adopt a motion approving the Chase Bank Amended Planned Unit Development, Site and Building Plan, Project No. 08-2020-00420, all subject to the following conditions as outlined in Supplemental Council Letter 20-319: 1. The 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. This approval does not include signs. A separate sign permit is required for all proposed signage. 3. Final landscaping plan shall be approved by staff prior to the issuance of a building permit. An alternate planting approach shall be utilized to screen the drive through use. 4. Prior to the issuance of a building permit, a landscape financial security shall be submitted in accordance with the Zoning Ordinance. 5. Prior to the issuance of a building permit, the Applicant shall provide a plan for review and approval by the City Engineer regarding additional crosswalks to the north of the proposed site. The Applicant shall complete all identified crosswalk improvements. 6. Prior to the issuance of a building permit, the Applicant and City shall evaluate opportunities to add directional signage that identify pedestrian routes to the shopping area to the north. If directed by the City, the Applicant shall install and maintain the directional signage. 7. All ground mounted mechanical equipment shall be hidden from view with materials that match the materials and colors used on the building. 8. Prior to the issuance of a building permit, the Applicant shall revise the proposed screening and gates system for the proposed trash enclosure. Attention should be given to the north and east elevations. 9. 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. 10. 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. 11. 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. 12. 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 storm water does not leave the project site. 13. All disturbed boulevards shall be restored with sod. The property owner shall mow and maintain all onsite turf to the edge of the adjacent public street. 14. All 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. 15. 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. 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 Developer. 16. Prior to the issuance of a building permit, final utility plans shall be approved by the Engineering Department. Page 12 of 16  City Council Meeting Minutes Wednesday, December 9, 2020 17. 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. Snow storage cannot be in stored in required parking stalls, public walkways, or adjacent to stormwater manholes. 18. 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 the Planning staff. 19. 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. 20. Prior to the issuance of a land disturbance permit, the Applicant shall execute an operations and maintenance agreement in a format approved by the City. 21. Irrigation system information meeting the following requirements must be submitted before a land disturbance permit will be released: a) System must be designed by a certified irrigation contractor. b) The system, including pumps, controllers, connections and irrigation line placement must be submitted for review and approval by City staff. c) Private irrigation wells as a back-up irrigation source are not permitted. d) Irrigation heads shall be placed a minimum six (6”) inches from back of curb, trail, sidewalk, or other hard surface to avoid damage. e) Irrigation mainlines must be placed outside of right-of-way to avoid damage. f) EPA WaterSense approved smart controllers shall be used. The controller shall be approved by Engineering Staff in writing. g) Drip irrigation, high efficiency rotating nozzles, pressure regulated spray and rotors, and other efficiency component shall be used. 22. Prior to the release of a land disturbance or demolition permit, staff shall review and approve, in writing, the stormwater design and calculations. This includes shop drawings of the underground systems. Voting in Favor: Date, Scoggins, Morris, Santini, Burt Absent: None D. 2021 Roadway Rehabilitation Project, Approve Preliminary Report, Order Project, Authorize Preparation of Plans and Specifications, Authorize Preparation, Acquisition and if necessary, Condemnation of Easements Mayor Burt declared the public hearing open and recognized Engineer I Mike Hejna to give the background. Mr. Hejna explained that as part of the City’s ongoing pavement management program, roadway rehabilitation projects are performed annually to provide a cost-effective means of extending the life expectancy of the City street system. The proposed 2021 Roadway Rehabilitation project includes the Preserve Area and Hudson Road between Radio Drive and Globe Drive. The general scope of work includes the removal and replacement of damaged curb and gutter, minor storm sewer, sanitary sewer, and water main repairs, storm water quality improvements, pavement, and trail construction. He talked about the public engagement process and schedule. Mr. Hejna discussed the project area and proposed construction. The recommended project scope is Hudson Road including pavement resurfacing with minimal curb repair, minor spot utility repairs, and trail rehabilitation along Hudson Road. He said 25 trees may be impacted by trail construction, driveways, and private utilities. Mr. Hejna presented the benefitted properties, estimated assessments, estimated project costs and estimated funding sources. Assessment payments can be made for 30 day no-interest payment period or over 15 years, first payment due with first half of property tax payment in 2021. The interest rate is based on a number of factors including the City bond rating. Showed benefitted properties. Presented estimated assessments – preserve area, Hudson Road. Estimated project costs. Estimated funding sources. Assessment payments: assessment hearing held prior to project award, 30 day no-interest payment period, payments can be made over 15 years, first payment due with first half of property tax payment in 2021, interest rate based on a number of factors including City bond rating. City Clerk Kimberlee Blaeser read a comment posted online from Denise Koukal, 529 Eagle Ridge Road, as follows: Could concrete be considered for this trail on Landau Drive? Will there be any decrease of property on the east side to narrow the road? How will you manage the narrowing of the curb and the road on or nearing the north end of Eagle Ridge Road. Mr. Hejna said there was consideration as to whether to construct a five-foot trail or a sidewalk. The resident feedback was concerned with snow removal on the trails. Also, all of the work will be within the City’s right-of-way so lot sizes will not change. Mayor Burt moved, seconded by Councilmember Scoggins, to close the public hearing. Page 13 of 16  City Council Meeting Minutes Wednesday, December 9, 2020 Voting in Favor: Date, Scoggins, Morris, Santini, Burt Absent: None Mayor Burt opened opportunity for discussion and questions from the Council. Councilmember Date commented on the trails. She said it was always nice to bring more connectivity to all of the residents, but acknowledged that it could be concerning for the homeowners adjacent to the trails. She said the City has done this before and it works out pretty seamlessly and looks nice. Councilmember Morris said the traffic calming measures will address some of the problems. He liked the engineering and thought the trails and narrowing were a win win. Mayor Burt asked about the portion of Hudson Road that did not connect. Mr. Henja explained that section was completed in 2010 so it still had life in it. Councilmember Morris wondered about doing it now to lessen the disruption. Mr. Gridley said staff would definitely look into that possibility. Engineering Director Chris Hartzell said if the road is only 10 years old, then the properties would have been assessed 10 years ago. The properties may have to pay for another assessment to be consistent with policy. He said it was also mill and overlay which is substantially less disruptive. Councilmember Scoggins asked about the timing of the proposed trails in the preserve area. Mr. Henja said it varied greatly and depended on the Gold Line work. Councilmember Scoggins moved, seconded by Councilmember Date, To adopt the following resolution Resolution 20-273 Resolution of the City of Woodbury, Washington County, Minnesota approving the preliminary report, ordering the project, authorizing preparation of plans and specifications and authorizing preparation, acquisition and, if necessary, condemnation of easements for the 2021 Roadway Rehabilitation project. Voting via voice: Andrea Date – aye Amy Scoggins – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Discussion A. Closed Session to discuss personnel issue Mayor Burt stated that the Council was moving into a Closed Session to evaluate the performance of Bryan Wagner pursuant to Minnesota Statute 13D.05 Subdivision 3a. Mr. Wagner received written notice of this meeting. Before I entertain a motion to close this portion of the meeting for the performance evaluation of Mr. Wagner, I want to state on the record that Mr. Wagner has the right to have this discussion conducted in an open and public meeting. He was informed of that right and did not respond that he wished to exercise that right. As is required by State Statute, the Council will provide a summary of the evaluation at its next regular meeting. Councilmember Date moved, seconded by Councilmember Scoggins, to hold a City Council closed meeting for the purposes previously stated. Voting in Favor: Date, Scoggins, Morris, Santini, Burt Absent: None Mayor Burt reconvened the meeting at 10:15 p.m. Councilmember Date moved, seconded by Councilmember Scoggins, To adopt the following resolution Resolution 20-274 Page 14 of 16  City Council Meeting Minutes Wednesday, December 9, 2020 Resolution of the City of Woodbury, Washington County, Minnesota for the non-disciplinary removal from employment of Brian Wagner, Police Officer, effective December 9, 2020. 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 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 few highlights from 2020:  Administration and Finance Departments o Department consolidation and duty changes o Virtual audit – no findings o Infectious Disease and Remote Work policies o COVID response leadership o No missed deadlines o Gambling Ordinance o CARES Act financial management o HERO Operations o AAA bond rating renewal o Elections  Community Development o Department Head transition o Removal of Key Inn and Spire Building, TIF o Development management o Kindeva Drug Delivery new 136,000 square foot global headquarters for 200 employees o On-line Building Permits o Virtual Building Inspections o HAP and Phase 2 Master Planning at 50% o METRO Gold Line  Engineering o I-94/494/694 interchange improvements o Woodbury Drive – I-94 to Tamarack o Bailey Road – Newport to Woodbury o City Hall Safety and Efficiency Project o Drinking Water Quality Strategic Initiative o Consultant QBS process o Stormwater Ordinance and area charge updates o Personnel and duty changes o METRO Gold Line  Information and Communications Technology o Switch to virtual base – Teams, Net Motion o Public meeting productions o CARES Act technology implementations o GIS Strategic Plan o Personnel changes o Cybersecurity grant Page 15 of 16  City Council Meeting Minutes Wednesday, December 9, 2020  Parks and Recreation o Parks and Trails Strategic Initiative o Valley Creek Park Master Planning o Central Park Project o Eagle Valley Golf Course bust and boom amidst COVID o HealthEast Sports Center boom and bust – down 10 weeks o Navigating State COVID guidelines with Recreation programming  Public Safety o Adapt and Enhance Public Safety Effectiveness Strategic Initiative o CityGate Staffing Study o Fire/EMS proposal and implementations o Multicultural Advisory Committee o Standing up EOC last 10 months o No interruption of emergency services o Safety of front-line staff o HERO Center first year operations o Community engagements  Public Works o Drinking Water Quality Strategic Initiative o Temporary Treatment Plant o Co-trustee Working Groups coordination o Parks and Trails Strategic Initiative o Maintained service levels without most seasonal and institutional labor o Public Works building finalizations Mayor Burt said it was remarkable to look at what all had been done and thanked Mr. Gridley and staff for all of their hard work. Adjournment Councilmember Scoggins moved, seconded by Councilmember Date, to adjourn the meeting at 10:29 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 January 13, 2021 Page 16 of 16