City Council

Minutes Woodbury City Council Wednesday, January 13, 2021 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 13th day of January 2021. 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. Oath of Office Mayor Burt administered the oaths of office to re-elected Councilmember Andrea Date and newly elected Councilmember Kim Wilson. Roll Call Upon roll call the following were present: Mayor Anne Burt, Councilmembers: Andrea Date, Steve Morris, Jennifer Santini, and Kim Wilson. Absent: None Others Present: Kimberlee K. Blaeser, City Clerk; Ryan Hoefs, Principal Engineer; Chris Hartzell, Engineering Director; Clinton Gridley, City Administrator; and Eric Searles, City Planner. Special Order of Business A. Radio Drive Pedestrian Bridge Over Interstate-94 – Present Ribbon Cutting Plaque Mayor Burt introduced Washington County Board Chair Lisa Weik. Ms. Weik presented a plaque commemorating a ribbon cutting of the Radio Drive pedestrian bridge over Interstate-94. The ribbon cutting ceremony was held on October 8 th to celebrate the grand opening of the bridge which will make it easier and safer to navigate the busy County Road 13 corridor. The plaque celebrated the strong partnership between the City of Woodbury and Washington County which made this trail/bridge possible. Mayor Burt thanked Ms. Weik for her presentation and the plaque. 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. City Clerk Kimberlee Blaeser read a comment from Washington County Commissioner Stan Karwoski. He said congratulations to Councilmembers Date and Wilson on your election and swearing in. 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.  City Council Meeting Minutes Wednesday, January 13, 2021 Item A Approval of Council Minutes – December 9, 2021 Item B To adopt the following resolution Resolution 21-01 Resolution of the City of Woodbury, Washington County, Minnesota approving the Cooperative Agreement with Washington County for Maintenance of the Traffic Signal System at the Intersection of County Road (CSAH) 18 (Bailey Road) and Benjamin Drive and authorizing Mayor and City Administrator to execute the agreement. Item C 1. To adopt the following resolution Resolution 21-02 Resolution of the City of Woodbury, Washington County, Minnesota approving amendment extending the expiration date of the South Washington Watershed District 2018 Coordinated Capital Improvement Grant in the amount of $200,000 to December 31, 2021 and Authorizing the Mayor and City Administrator to Sign Amendment; and 2. To adopt the following resolution Resolution 21-03 Resolution of the City of Woodbury, Washington County, Minnesota approving amendment extending the expiration date of the South Washington Watershed District 2019 Coordinated Capital Improvement Grant in the amount of $200,000 to December 31, 2022, and Authorizing the Mayor and City Administrator to Sign Agreement. Item D To adopt the following resolution Resolution 21-04 Resolution of the City of Woodbury, Washington County, Minnesota approving the service contract between the City of Woodbury and Washington County Department of Public Health and Environment to expand the recycling program at City Hall and Central Park. Item E To adopt the following resolution Resolution 21-05 Resolution of the City of Woodbury, Washington County, Minnesota approving Amendment No. 3 to the original Antenna Site Lease Agreement on the Woodlane Drive Water Tower with Cellco Partnership (d/b/a Verizon Wireless) and authorizing the Mayor and City Administrator to sign the Amendment. Item F To adopt the following resolution Resolution 21-06 Resolution of the City of Woodbury, Washington County, Minnesota approving the revised plans and specifications and establishing a February 9,2021 bid date for Northeast Area Trunk Sanitary Sewer Rehabilitation Project. Item G Authorizing Acceptance of City of Woodbury Water Treatment Plant Property Acquisition Grant from Minnesota Pollution Control Agency, Approval of Budget Amendment to the Water and Sewer Utility Fund, and Authorization of Property Acquisition of 8386 Ranch Road. This item was pulled from the Consent Agenda and moved to discussion. Item H 1. To adopt the following resolution Resolution 21-07 Resolution of the City of Woodbury, Washington County, Minnesota delegating authority to pay claims to the position of Controller and in his/her absence, to the Budget Manager; and 2. To adopt the following resolution Resolution 21-08 Resolution of the City of Woodbury, Washington County, Minnesota authorizing the position of Controller to set special assessment hearings; and 3. To adopt the following resolution Resolution 21-09 Resolution of the City of Woodbury, Washington County, Minnesota designating the position of Controller as Treasurer and the position of Budget Manager as Deputy Treasurer effective January 15, 2021. Page 2 of 7  City Council Meeting Minutes Wednesday, January 13, 2021 Item I To adopt a motion designating CorTrust Bank as the City’s depository of public funds for the year 2021. Item J To adopt the following ordinance Ordinance 1995 Ordinance of the City of Woodbury, Washington County, Minnesota providing that the City Code be amended by amending Chapter 11, Licenses, Permits and Miscellaneous Regulations, Article I – License Background Checks, Section 11-2, Criminal History License Background Investigations. Item K To adopt the following resolution Resolution 21-10 Resolution of the City of Woodbury, Washington County, Minnesota appointing Emile Dedo to the position of Utility Billing Technician effective January 19, 2021. Item L To adopt the following resolution Resolution 21-11 Resolution of the City of Woodbury, Washington County, Minnesota appointing Thomas Kuefler to the position of Public Service Worker – Parks (Generalist) effective January 25, 2021. Item M To adopt the following resolution Resolution 21-12 Resolution of the City of Woodbury, Washington County, Minnesota appointing Jessica Bartelt to the position of Police Officer effective January 14, 2021 and Alberto Mendez to the position of Police Officer effective January 15, 2021. Item N To adopt the following resolution Resolution 21-13 Resolution of the City of Woodbury, Washington County, Minnesota amending Council Directive CD- ADMIN-1.3 Health Care Savings Plan Policy. Item O To adopt the following resolution Resolution 21-14 Resolution of the City of Woodbury, Washington County, Minnesota appointing Valentine Huerta to the position of Fire Commander effective January 14, 2021. Item P To adopt a motion appointing the persons, as listed within Council Letter 21-16, to City Advisory Commissions as well as appointment of Chairpersons and Vice Chairpersons to each Advisory Commission, effective January 14, 2021; and to approve the 2021 Council liaison and staff assignments as listed in Council Letter 21-16. Item Q 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 December 4, 2020 in the amount of $267,310.38, December 11, 2020 in the amount of $2,216,019.68, December 18, 2020 in the amount of $897,324.39 and December 23, 2020 in the amount of $1,786,402.80. Councilmember Date moved, seconded by Councilmember Santini, to approve the Consent Agenda items, with the exception of Item G. Voting via voice: Kim Wilson – aye Andrea Date – 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 Jessica Bartelt and Alberto Mendez forward. Page 3 of 7  City Council Meeting Minutes Wednesday, January 13, 2021 B. Oath – Mayor Burt and New Police Officers Jessica Bartelt and Alberto Mendez Mayor Burt presided over the swearing in of Police Officers Jessica Bartelt and Alberto Mendez, after which they each had their badges pinned on by a family member or other important person in their life. City Clerk Kimberlee Blaeser read a comment from Tim Brewington, 10750 Ashley Lane. He said thank you in advance for your service to our community. Public Hearings A. CSAH 19 (Woodbury Drive) Corridor Management and Safety Project, Approve Preliminary Report, Approve Plans and Specifications, Order Project Mayor Burt declared the public hearing open and recognized Principal Engineer Ryan Hoefs to give the background. Mr. Hoefs explained the meeting purpose is to hold the public improvement hearing and to adopt the proposed resolution. He discussed project coordination explaining that it is a cooperative project between Washington County and the City of Woodbury. On April 8, 2020, the City Council adopted a resolution of support. The cooperative agreements would be prepared after the project bid. Mr. Hoefs discussed public process, public engagement, and the project timeline. He shared the project area, proposed road improvements, proposed storm water improvements, proposed landscaping improvements, easement acquisitions, and construction traffic control. Mr. Hoefs talked about the benefited properties, estimated assessments, City funding sources, and assessment payments. Staff recommends Council adopt the attached resolution approving the preliminary report, approving plans and specifications and ordering the CSAH 19 (Woodbury Drive) Corridor Management and Safety Project. City Clerk Kimberlee Blaeser read a comment from Alyssa Knutson, 1536 Vine Street, Unit 104, Denver, Colorado, speaking on behalf of her parents who reside at 5200 Woodbury Drive. She stated an objection to the infrastructure improvements proposed at County Road 19 and Dale Road. Specifically, there is an objection to the assessment that will be charged against my parents as a result of this project. In the letter provided it is stated that this is being assessed because of the financial benefit that these properties will incur due to the infrastructure improvements. However, the benefit is really to be for the residential developers and the City itself. These improvements are not seen as a benefit to the residents that live here. I’m aware state laws allow for these assessments, but it doesn’t seem like the right thing to do. Mayor Burt moved, seconded by Councilmember Santini, to close the public hearing. Voting in Favor: Date, Morris, Santini, Wilson, Burt Absent: None Mayor Burt asked staff to address the concerns. Mr. Hoefs said the City is applying the special assessments per the City’s roadway rehabilitation financing policy. The property in question is outside the municipal utility service area so it is assessed at the adopted fee schedule. Mayor Burt asked if the proposed assessment is based on linear footage along Woodbury Drive. Mr. Hoefs said for properties outside of the municipal utility service area, the City’s policy states that the assessment is based the lower amount from either the adopted fee schedule or the special benefit appraisal. Zero to five acres is assessed $5,000 and five to ten acres is assessed $6,500. Engineering Director Chris Hartzell added that this is just one step in a multi-step process as part of the Chapter 429 requirements. This step is for the Council to decide whether to move forward with the project. The next step would be holding the assessment hearing in March. At that time, property owners would be given instructions on how to appeal their assessment several weeks before the hearing. Mayor Burt opened opportunity for discussion and questions from the Council. Councilmember Morris asked about water service being extended. Mr. Hoefs said there were several residents that expressed favorable interest in obtaining water services. However, the 35% needed for approval was not obtained after sending out the information and cost to residents. Page 4 of 7  City Council Meeting Minutes Wednesday, January 13, 2021 Mayor Burt asked about the lowering of Dale Road. Mr. Hoefs said the intersection of Woodbury Drive is being raised which created a flatter curve. They would not need to grade back as far because curb is being added. Mayor Burt asked if property owners were notified. Mr. Hoefs said a project update and proposed assessments were sent to impacted property owners in December 2020. City Clerk Kimberlee Blaeser read a comment from Tim Harris, 5180 Woodbury Drive. He agreed with his neighbor at 5200 Woodbury Drive. He thought the improvements were beneficial to the developers, but not the existing properties. Councilmember Morris moved, seconded by Councilmember Date, To adopt the following resolution Resolution 21-15 Resolution of the City of Woodbury, Washington County, Minnesota approving the preliminary report, approving plans and specifications and ordering the CSAH 19 (Woodbury Drive) Corridor Management and Safety Project. Voting via voice: Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Discussion A. Consent Agenda Item G. Authorizing Acceptance of City of Woodbury Water Treatment Plant Property Acquisition Grant from Minnesota Pollution Control Agency, Approval of Budget Amendment to the Water and Sewer Utility Fund, and Authorization of Property Acquisition of 8386 Ranch Road City Administrator Clinton Gridley said the property is key for the City to bring water treatment to Woodbury. The acquisition will allow the City to begin the design process, public input process, due diligence process, and really start to put legs on treating water. In 2018, the State of Minnesota and 3M entered into a grant agreement to mitigate the impacts of PFAS and “to enhance the quality, quantity and sustainability of the drinking water in the East Metropolitan Area.” The Minnesota Pollution Control Agency, with assistance from the Department of Natural Resources, are the responsible state agencies for administering the grant dollars. As part of this effort, the state has developed three draft conceptual drinking water supply options for the communities impacted by PFAS. All three draft options require a long-term water treatment facility in Woodbury. To facilitate the design and ultimate construction of a long-term water treatment plant, property acquisition is required. Staff, in coordination with the State of Minnesota and the city’s technical consultant AE2S, have identified the property located at 8386 Ranch Road as the optimal site of available options for location of a future water treatment plant. City staff and the Minnesota Pollution Control Agency have drafted the required grant agreement which would wholly fund the cost of site acquisition, due diligence, and legal costs associated with the proposed property acquisition. Staff is requesting approval and acceptance of the City of Woodbury Water Treatment Plant Property Acquisition Grant from the Minnesota Pollution Control Agency and approval for acquisition of the property located at 8386 Ranch Road using dollars obtained from the Minnesota Pollution Control Agency grant. Councilmember Wilson said she expected that most people were aware of the PFAS issues in the City’s drinking water. The first time she heard there was a site that the City wanted to secure to build the treatment facility was in the Council packet for this meeting. She expressed gratefulness to the City staff for meeting with her and said she is excited the City is moving forward with the beginning steps of a new water treatment facility. She expressed concern over the site for the adjacent property owners. She said if the project moved forward, she wanted to make sure that Lennar is notified so they could be transparent with future buyers. Councilmember Wilson also hoped the City would work closely with the existing homes to ensure the structure is properly screened. Mayor Burt said this has been a very big project with a lot going into it. She was thrilled the City has a temporary treatment facility, but the City needed a long-term plan. She congratulated staff for what it takes to coordinate something this big with so many parties. Councilmember Morris understood Councilmember Wilson’s concerns and also had a conversation with staff about the property. He asked City Planner Eric Searles to recap some of his explanation. Mr. Searles said staff would begin immediately, pending action tonight, the discussion with adjacent property owners about the potential mitigation necessary to implement the design of the treatment facility. It would include listening, due diligence, and identifying the opportunities. The goal is to soften the impact of the facility. City Administrator Clinton Gridley said one of the significant points about the property is its size. The size allowed room to do landscaping, berming, or screening. The City also had architectural control and is getting in ahead of most development. He also said the site worked very well with other City assets. Page 5 of 7  City Council Meeting Minutes Wednesday, January 13, 2021 Councilmember Morris suggested adding a condition to require signage on site of future development. Mr. Gridley said a condition is not necessary. Councilmember Date said the size is an asset. As a future property owner, you may be expecting to have houses behind you, but now they would have a large buffer of land. She said it could be a positive impact. Councilmember Morris moved, seconded by Councilmember Date, To adopt the following resolution Resolution 21-16 Resolution of the City of Woodbury, Washington County, Minnesota authorizing acceptance of City of Woodbury Treatment Plant Property Acquisition Grant from the Minnesota Pollution Control Agency in the amount of $2,747,000 and approving a budget amendment to the Water and Sewer Utility Fund. Voting via voice: Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Councilmember Morris moved, seconded by Councilmember Date, To adopt the following resolution Resolution 21-17 Resolution of the City of Woodbury, Washington County, Minnesota authorizing the acquisition of 8386 Ranch Road in the amount of $2,385,000 which includes purchase price, closing costs, a leaseback provision for the existing owners until July 1, 2022, and attorney fees. Voting via voice: Kim Wilson – aye Andrea Date – 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 year’s end update on development and also highlighted some public safety items. Mr. Gridley then gave a verbal update of upcoming City meetings. Council Workshop Meeting of January 20, 2021 1. Tour of City Hall (optional) 2. Ensure Our Parks and Trails Meet the Needs of a Growing and Changing Community Strategic Initiative Update  Parks and Trails Financing plan  Parks and Natural Resource Commission and Audit and Investment recommendations 3. Council Strength Finders results discussion Page 6 of 7  City Council Meeting Minutes Wednesday, January 13, 2021 Council Meeting of January 27, 2021 1. Shams Place, Preliminary Plat, Project No. 10-2020-00421 Adjournment Councilmember Morris moved, seconded by Councilmember Date, to adjourn the meeting at 8:38 p.m. Voting in Favor: Date, Morris, Santini, Wilson, Burt Absent: None Respectfully submitted, _________________________________________ Kimberlee K. Blaeser, City Clerk Approved by the Woodbury City Council on January 27, 2021 Page 7 of 7