City Council

Minutes Woodbury City Council Wednesday, November 10, 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 10th day of November 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. Mayor Burt expressed her appreciation to all Veterans for their service. She added a memorial service is scheduled for tomorrow, November 11, 2021, at Woodbury Lions Veterans Memorial Park. Roll Call Upon roll call the following were present: Mayor Anne Burt, Councilmembers: Kim Wilson, Andrea Date, Steve Morris, and Jennifer Santini. Absent: None Others Present: City Administrator Clint Gridley; Community Development Director Janelle Schmitz; Engineering Director Chris Hartzell; City Planner Eric Searles; Engineering Project Manager Ryan Hoefs; City Clerk Kimberlee Blaeser; and Mary Tietjen, City Attorney. Special Order of Business A. A Day of Thanksgiving Proclamation Mayor Burt read in full a Proclamation recognizing November 25, 2021 as a Day of Thanksgiving. B. Koins for K-9s Month Proclamation Mayor Burt welcomed Donna Smith Stafford and invited her to address the City Council. Ms. Stafford stated she established the Woodbury Police K-9 Fund 8 years ago in gratitude to the City’s Public Safety Department, and in honor of her late husband, Bruce, who was a firefighter, paramedic and first responder. She thanked the City Council, City Staff and the community for their support for the program. She added the program has raised enough funding to purchase five K-9s and provide officer training, as well as setting up a retirement account for retired K-9s. She noted 56 donation boxes will be placed at businesses throughout the community from November 20-December 20, 2021, and donations can be made at www.woodburyk9fund.org. Mayor Burt read a Proclamation designating the Koins for K-9s fundraiser to be held from November 20 – December 20, 2021. 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. There were no comments.  City Council Meeting Minutes Wednesday, November 10, 2021 Consent Agenda Councilmember Wilson requested that Consent Agenda Item 6M be removed for additional discussion. 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 – October 27, 2021 Item B To adopt a motion approving the Manning Meadows House Move Site and Building Plan, Project No. 25-2021-00463, subject to the conditions as outlined in Council Letter 21-264. 1. Prior to approval of the site and building plan and prior to the authorization to relocate the house, a tree impact plan shall be reviewed and approved by City Staff. Said plan shall include best practices for tree health, photos of the existing trees, and be completed and signed by a certified arborist. Impacts to trees, including trimming, limbing, pruning or the like, shall be clearly identified within the plan. The plan shall identify each individual impacted tree, if best practice work is proposed on private land, and a mitigation strategy for each tree to ensure best practices for tree survival and health are followed. 2. No cutting, pruning or limbing outside of the Right-of-Way shall be permitted without written private property owner authorization. 3. Prior to authorization to relocate the house, for all impacted Specimen trees, as defined by Chapter 27 of the Ordinance, the applicant shall provide an Arborist approved pre-treatment for Specimen trees that would be affected by tree limbing. Said pre-treatment shall be conducted by a certified Arborist and wholly funded by the Applicant. 4. Prior to approval of the site and building plan and prior to the authorization to relocate the house, a Right-of- Way permit shall be obtained from the Engineering Division. Securities shall be provided pursuant to the code requirements. 5. All applicable building permits shall be obtained for the new foundation and other work at 11860 Dale Road Court. 6. Following the house relocation, the Applicant shall backfill the existing foundation, located at 10350 Dale Road back to grade. 7. Within two (2) business days from the time of trimming, limbing or pruning, the Applicant shall collect and dispose of all tree branches and limbs impacted by the proposed house move. 8. Any damages to mailboxes incurred during the move shall be fixed and remedied by Applicant within 5 business days. 9. Within 72 hours of the proposed move, the Applicant shall deliver to the impacted property owners a schedule of house moving activities. Impacted property owners shall be defined as property owners within 500 feet of the address 11860 Dale Road Court, all property owners along the house move path, and any property impacted by the de-energizing of the power lines. 10. Any whole trees that are removed shall include stump removal and restoration of the impacted area, including turf establishment. 11. Prior to the approval of the tree impact plan and no less than three (3) days prior to tree impacts occurring, the Applicant shall mark with flagging tape the proposed cut location on all trees identified within the tree impact plan. 12. Prior to the approval of the site and building plan, the applicant shall receive approval from Xcel Energy to remove the one or two electric poles across the street from the 10910 Dale Road residence to maximize tree preservation for the existing historic Oak and Elm trees. 13. Prior to the approval of the site and building plan, the applicant shall receive approval from Xcel Energy to be within 2-5 feet of the existing power poles to limit tree impacts on the north side of Dale Road. 14. This approval shall expire within three months of approval by the City Council. Item C To adopt the following resolution Resolution 21-200 Resolution of the City of Woodbury, Washington County, Minnesota authorizing application to the Ramsey-Washington Metro Watershed District Stewardship Grant for the Proposed 2022 Capital Improvement Fund City Hall Parking Lot and Campus Improvement Project. Item D To adopt the following resolution Resolution 21-201 Resolution of the City of Woodbury, Washington County, Minnesota approving an amended Letter of Engagement to Short Elliott Hendrickson, Inc. in the amount of $44,000 for the Lake Road Page 2 of 20  City Council Meeting Minutes Wednesday, November 10, 2021 Rehabilitation and 4-3 Lane Conversion Project and approve the preparation of the preliminary report. Item E To adopt the following resolution Resolution 21-202 Resolution of the City of Woodbury, Washington County, Minnesota rescinding Resolution 21-154, authorizing the purchase and installation of two dump systems and two snow/ice controls systems for $289,600 from Towmaster, LLC Monroe, and authorizing the up-fitting of two truck cab chassis to include the purchase and installation of two dump systems and two snow/ice control systems from Towmaster, LLC Monroe for an amount not to exceed $305,608 through the State of Minnesota Cooperative Purchasing Venture and a total expenditure amount not to exceed $540,308. Item F To adopt the following resolution Resolution 21-203 Resolution of the City of Woodbury, Washington County, Minnesota approving the purchase of one replacement wheel loader, Volvo L70H from Nuss Truck & Equipment for $158,321 through the State of Minnesota Cooperative Purchasing Venture contract and a non-contract Plow/Wing for $81,179 for a total expenditure amount not to exceed $242,000. Item G To adopt the following resolution Resolution 21-204 Resolution of the City of Woodbury, Washington County, Minnesota Certifying Delinquent Utility Bills to the Ramsey County Auditor. Item H To adopt the following resolution Resolution 21-205 Resolution of the City of Woodbury, Washington County, Minnesota Certifying Delinquent Utility Bills to the Washington County Auditor. Item I To adopt the following resolution Resolution 21-206 Resolution of the City of Woodbury, Washington County, Minnesota to accept the American Rescue Plan Act, Coronavirus State and Local Fiscal Recovery Funds; authorize acceptance of award and approve the 2021 budget amendment. Item J To adopt a motion to approve: 1. Schedule a Council Workshop dinner for Wednesday, November 17, 2021 at 6:00 p.m. to be held in the Birch Conference Room at Woodbury City Hall; and 2. Schedule a City Council Meeting, with consent agenda items only, on Wednesday, November 17, 2021 beginning at 6:30 p.m. The City Council meeting will be held in the Ash North and South Conference Rooms at Woodbury City Hall; and 3. Schedule Council Workshop for Wednesday, November 17, 2021, beginning at 6:40 p.m., or just after the November 17, 2021 City Council Meeting. The Workshop Meeting will be held in the Ash and North Conference Rooms at Woodbury City Hall. Item K To adopt the following resolution Resolution 21-207 Resolution of the City of Woodbury, Washington County, Minnesota approving the general counsel (civil) attorney contract and the prosecuting attorney contracts with Eckberg Lammers, P.C. Item L To adopt the following resolution Resolution 21-208 Resolution of the City of Woodbury, Washington County, Minnesota authorizing approving the special counsel (development) attorney contract with Kennedy & Graven, Chartered. Item M Appointment of Administrative Technician – Engineering Dedo. This item was removed from the Consent Agenda and moved to the Discussion portion of the meeting. Page 3 of 20  City Council Meeting Minutes Wednesday, November 10, 2021 Item N 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 October 22, 2021 in the amount of $1,280,831.12 and October 29, 2021 in the amount of $1,814.845.25. Councilmember Date moved, seconded by Councilmember Santini, to approve Consent Agenda items A-N with the exception of M. Voting via voice: Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Public Hearings A. Continued from October 27, 2021 City Council Meeting: 2022 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. Mayor Burt stated the public hearing that was continued from October 27, 2021 for the Royal Oaks Street Reconstruction Project is being re-opened tonight. She provided a review of recommendations for work needed for improvement and replacement of roads and utilities based on the City’s Capital Improvement Plan, as well as a policy established in 2009 by the Roadway Corridor Task Force related to sidewalks and trails, as outlined in the City’s 2040 Comprehensive Plan. Mayor Burt stated, without policy direction and guidance, City Staff and the City Council do not have a method to ensure consistent and fair application of roadway design. She added the public process includes opportunities for significant public input, which is important to the overall process. City Administrator Clint Gridley thanked Mayor Burt for her introduction. He reviewed the purpose of City policy in making these decisions – providing equity, consistency, precedence, fairness, affordability, clarity, framework, aspiration and vision. He added, from City Staff’s perspective, City Council decisions made in alignment with public policy is important. He noted City Staff recommends that if the City Council does not sustain the original proposed design, as based on policy, the project should be cancelled and policies should be revisited in 2022, along with other projects in the capital improvement planning process. Mayor Burt requested City Council deliberation of this issue. Councilmember Date stated she is not in favor of the City Council terminating the policy. She added the City Council voted to continue the hearing with a desire to see the project move forward, and she would still like to see it move forward in 2022 with a few modifications but without straying too far outside policy guidelines. She noted City Staff has put a lot of time and effort into this, and residents have also put a lot of time into it, and it would be unfair to cancel the project now. Councilmember Morris stated he understands the need for the project, and communication has been received from residents that the streets need to be done, and the infrastructure needs to be done. He added he does not support moving forward and addressing policy at a later date, as that sets a bad precedent for governance. He noted he does not believe it is a good idea to move forward in contradiction of the City’s own policy. Councilmember Wilson stated the City has modified policies in the past for other road rehabilitation projects. She added she has been asking for a review of policy for a while. She noted this project is big and will be a burden to the City as well as the taxpayers in the neighborhood. Councilmember Wilson stated Woodbury has unique and diverse housing types, as well as neighborhoods. She added she would not support trying to make every single neighborhood look like the City’s new neighborhoods. She noted, although she voted to continue the public hearing, she is in favor of postponing the project until next summer, to give the City Council the opportunity to have a workshop on road rehabilitation and reconstruction policies, as well as assessment policies. She noted she supports police enforcement to change driver behavior. Councilmember Date stated she agrees the public input process for Royal Oaks could have been done much better, and a lot has been learned from it. She added the outcome tonight would not be any different than the outcome that the City Council could recommend a year from now. She noted the City Council has heard the residents clearly, and has always had the freedom to flex policies, and has Page 4 of 20  City Council Meeting Minutes Wednesday, November 10, 2021 done so on just about every road rehabilitation project. She stressed the importance of recognizing the unique situation of a specific neighborhood, which is part of making good government. Councilmember Santini stated she struggles with postponing the project due to the fear of greater costs and worsening infrastructure. She added she agrees that it is important to maintain the character of the neighborhood, but also providing the necessary infrastructure for the community, and she worries that costs will escalate if the project is delayed. She expressed her support of proceeding with the project. Mayor Burt stated the Engineering Department has provided new recommendations for a slightly different plan. She added she agrees that there will be greater problems created if the project is delayed until next year. She requested the City Council’s consideration of coming to a decision and getting some agreement to move forward. Councilmember Wilson stated this would not be the first time that a major project is delayed. She added the City Council can indicate that they would support delaying the project until next year. Councilmember Morris stated the City Council brings up some good points. He added there is potential to move forward with the project and costs are going to increase if the project is postponed. He noted there are precedents for making changes to projects, but this would be a significant change in how large rehabilitation projects move forward. He expressed support for sidewalks on large capacity streets. Councilmember Morris stated Royal Oaks residents bought their homes without sidewalks; however, the City has an obligation for public safety. He added he does not think it is a good idea to move forward until the City Council has a better idea of what policy will be for large projects. He noted this is the first time this policy has been tested and he does not want to make a forced decision. Councilmember Date stated she is a big advocate of sidewalks, and the Royal Oaks residents have changed her mind in this case, as they have made some really good points, and housing diversity and housing choices are important. She added this neighborhood was built at a time when 32-foot width for roadways was the standard and is still an acceptable engineering design. She noted she hopes City Staff recommendations are a good fit so the City can move forward. Mayor Burt stated she is on the fence and could go either way. She added she would like to hear what Mr. Hartzell has to say, and what the City Council needs to do. Engineering Director Chris Hartzell thanked the City Council for the great introduction. He stated tonight’s public improvement hearing was continued upon City Council direction on October 27, 2021. He added City Council decision to move forward with the project requires a 4/1 vote. Mr. Hartzell reviewed the project location and scope of the project. He added the City Council requested that City Staff provide background on roadway corridor design principles; explore removal of sidewalks; provide cost difference between concrete and asphalt trails; and explore utility line replacement options with the goal of reducing tree impacts. He noted corridor design principles were instituted to ensure transportation equity and create a more livable community, as well as improve environmental and health benefits and increase public safety by slowing vehicle speeds. Mr. Hartzell stated City Council requested the removal of sidewalks, and placement of trails on Courtly Road, Ojibway Park, Queens Drive, Victoria Road, Montrose Road and a small section of trail on Afton Road. He added, with the removal of sidewalks, estimated tree removal would be reduced by 15 trees and the impact to private property and driveways would be reduced, with a small change to project costs and assessments. He noted traffic controls would not be addressed on Lamplight Drive. City Staff recommends that the City Council revisit policy considerations. Mr. Hartzell stated, if trails were to be constructed with concrete, the cost would increase by $219,000 on Courtly, Montrose, Victoria, and Queen. He added, in terms of utility service line replacements, property owners are responsible for service lines from the home to the main line. He noted the neighborhood’s 60-year-old services are getting close to the end of their life span, and will not last through the next 50-year cycle. Mr. Hartzell stated City Staff has reviewed a number of options, including replacement of all curb stops; installation of new curb stops closer to curb; leave services in place, which is what happened 25 years ago; and directional drill into home with hydro-excavation at the curb stop. He noted that leaving the curb stops and service lines in-place is not sustainable and City Staff believes it is important to replace the curb stop and service line at this time. Mr. Hartzell stated City Staff reviewed three options: replace all curb stops through open digging if there are no tree impacts; hydro- excavate at the curb stop to help preserve trees where possible; and install new curb stop and directional drill into the home. He noted the last option requires additional discussion, and would cost approximately $10,000 per service, which would be a major expense to homeowners. Page 5 of 20  City Council Meeting Minutes Wednesday, November 10, 2021 Mr. Hartzell stated, with regard to process timeline, City Staff will receive direction from the City Council tonight for design alternatives and potential future actions, with design development in March and April 2022, and construction in 2022 and 2023. He added City Staff can move forward with design considerations quickly if there is specific direction from the City Council. Mr. Hartzell stated, according to MN Statutes, Chapter 429, the process requires a 4/5 super majority vote for City Council-initiated projects. Councilmember Santini requested clarification that the assessment hearing would not require a super majority vote. Mr. Hartzell confirmed this. Tammy Diedrich, 7401 Wyndham Way, stated she has lived in Royal Oaks for 25 years, and the neighborhood was notified of a $28 million project with a postcard. She added they do not want sidewalks. She noted there are supply shortages and we are in the middle of a pandemic. She asked how the City can guarantee she will have access to her home during the pandemic. She asked whether there are any guarantees about costs. She noted she is in favor of postponing the project. Mr. Gridley stated costs, bids and timing are all of great concern. He added, even with a 4/5 majority vote of support, the project is not assured until bids are awarded. Greg Rieder, 7401 Wyndham Way, thanked the City Council for all the hard work. He stated the proposed amendments have addressed the issues he was going to speak about. He expressed concern about traffic control, and that the City can dictate the speed limit because they own the streets. He added school children cannot cross the street due to excessive speed. He noted he was a cop for 27 years and knows traffic laws, and it would not be too difficult to have law enforcement present during school passing times. Mr. Reider stated Mr. Hartzell mentioned the assessment of almost $10,000. He asked whether he could add the option of water main to his home. Mr. Hartzell confirmed this, although the City does not normally engage in improvements to private property. He added related discussions would be required if the project moves forward. Steve Meisel, 7096 Montrose Road, stated the revised plan was not revealed until 15 minutes ago, and there is nothing on the website. He added residents have not had an opportunity to see it and respond to it. He noted he finds that offensive. Mr. Meisel stated he works as a patient safety officer. He urged the City Council to think about unintended consequences. He added he spoke with someone on Colby Lake Drive who indicated that the boulevard grass has to be replaced because the trail is plowed, and the grass is damaged. He noted the boulevard grass does not get watered, and there is cracking in the driveway apron. Mr. Meisel stated traffic speeds have increased on Colby Lake Drive because roads were improved. He added 28 feet wide roads will become even smaller due to snow abatement. He noted this project will still cost taxpayers $9,500. He added speed bumps work, and there is one in Ojibway Park. Mike Chirpich, Windgate Road, stated some residents would have both a sidewalk and a trail, with the current proposal, and some residents would be responsible for shoveling 170 feet. He added the neighborhood was not planned for sidewalks and slopes, and a steep grade up to 4-feet high would change many properties near the street. He recommended that the City Council postpone the current project to better prepare and evaluate these details. Bryan Goff, 7033 Montrose Road, stated he had said that he would complete a root zone study, although there is a new proposal. He added a survey related to the project asked whether residents want a bike path, and there were mixed messages. He added he counted 320 trees measured at diameter at breast height (DBH) to the closest inch, and he measured distances from trees to the edge of the curb and increased the measurement by 6 inches. He noted the average DBH is 19 inches, with 294 trees affected in the root zone, and 218 trees have more than 50% Critical Root Zone (CRZ) intrusion, while 91 trees have more than 75% intrusion. He noted he believes this project will damage or kill 86.5 trees at a 95% rate based on the original design, and he understands the City is talking about changing the original design, but he is not sure whether the City Council has all the information they need. Mr. Goff stated 8-foot paths on Queen, Montrose and Courtly would result in 48 trees with CRZ value over 50%, with 20 trees that will be removed or killed, and these are big trees. He noted, if paths are decreased to 5- or 6-feet concrete walkways, no trees will be affected. Mr. Goff stated he supports hydro-excavation, and an alternative solution for every legacy tree, although he recognizes there is a cost. He stressed the importance of an equitable design based on the unique aspects of the neighborhood. He added a number of the City’s new developments have 4-foot sidewalks. He noted the City Council should get the guidance right and ensure that it works and fits. Kevin Johnson, 7201 Foxboro Lane, stated he has had all of his questions answered. He thanked Mr. Hartzell for the updated proposal and expressed appreciation for all of his hard work on this issue over the past two weeks. Francis White, 1849 Lamplight Drive, stated Councilmembers Morris and Date have expressed that there is some type of pressure to get this project done, but that is the wrong attitude. He added there is something wrong with City policy, which does not call for significant, Page 6 of 20  City Council Meeting Minutes Wednesday, November 10, 2021 substantial public input when a project is first being considered. He noted the smart thing would be to fix the policy and listen to the people. He requested that the City Council take a step back, review the supply chain issues, and take a look at the policy. Mr. White referenced the last paragraph of the City Council meeting agenda which states “The City of Woodbury is subject to Title 2 of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability by public entities.” Jerry Backlund, 2116 Queens Drive, thanked Mr. Hartzell and City Staff for providing revisions to the project plans. He added he heard many more positive comments this week, and this is a hard decision, and he is pleased that directional boring is one of the recommendations. He recommended that more public open houses be held in an area that is near the project area, before planning commences. City Clerk Kimberlee Blaeser reviewed residents’ comments received online: Russ Engstrom stated Royal Oaks roads surfaces deteriorate faster than other roads. He asked whether there might be any financial recourse with the previous contractor. Mr. Hartzell stated that project was completed a long time ago. He added there is generally a 1-2 -year warranty period, and the roads were designed and built according to specifications. Colleen Kotnor, 7116 Montrose Road, asked who will tell Wedgewood, Evergreen and Colby Lake residents that they will be getting sidewalks in their lawns. There is an elementary school next to Wedgewood. She expressed support of revisiting the policy. Voters and taxpayers should not be excluded from the government process. John Jarosch, 1649 Lamplight Drive, thanked the City Council for the excellent conversation around this project. He stressed the need for improvements to proceed in 2022. The average pavement index rating for this neighborhood was 9. The streets need to be repaired, and the water main is failing rapidly. Delaying the project will result in additional costs and decreased quality of life. Please separate this project from future modifications to the policy. David Loomis, 7048 Victoria Road, stated the project should be moved forward as soon as possible. He added there have been 4-5 water main repairs on his street. Henry Lozano, 7449 Courtly Road, thanked the City Council for considering modifications to the original plan. He asked that the City Council proceed with the plan. He stated he supports concrete sidewalk as it looks more residential. He noted no other traffic calming methods would be required on Courtly Road. An anonymous comment was received requesting clarification about why the first proposal had sidewalks for a total increase of $75,000 and the revised proposal without the sidewalks is now an increase of $200,000. Mr. Hartzell stated the original proposal was for asphalt trails. He added changing the trails from asphalt to concrete would be an additional $200,000. Mr. Gridley stated roadways of 32 feet in width will be more expensive to pave than 28 feet width. He added there is no financial gain from removing the sidewalks. Mayor Burt moved, seconded by Councilmember Morris, to close the public hearing. Voting in Favor: Wilson, Date, Morris, Santini, Burt Absent: None Mayor Burt thanked all the residents who provided their helpful feedback and comments. She added the City Council has also received scores of emails from residents who support the project that are also being taken into account. She noted she still believes the City is well-positioned to move forward with the project as revised. Councilmember Date stated the neighborhood lost many trees due to the emerald ash borer infestation, and residents have asked when those trees will be replaced. She added that is another aspect of the project that would be delayed if the City does not move forward as planned. She noted she would not like the neighborhood to have to wait any longer for those trees. Councilmember Wilson stated some aspects of the plan, a mini roundabout and cement barriers at intersections, were not included in the feasibility report. She added she agrees the trees should be replanted. She noted she is not comfortable with moving forward without seeing definite plans. Mr. Hartzell stated, for purposes of clarification, this is a public improvement hearing which is the first step before getting into specific project design details. He added the proposed project plans and specifications will require City Council consideration and approval at a future date. Page 7 of 20  City Council Meeting Minutes Wednesday, November 10, 2021 Councilmember Santini stated this has been a difficult decision for the City Council, and there has been a lot of resident feedback and input that has been received. She added she feels more confident making decisions when the City Council has gotten so much feedback. She noted the overall guidance from City policy is viable, and the modifications are appropriate to the character of Royal Oaks. Councilmember Santini stated pedestrian access and safety is very important to the City Council, but she supports the project moving forward into the planning stages. She added an older neighborhood like Royal Oaks will require specific analysis. She noted she is supportive of authorizing the plans. Councilmember Morris thanked all the residents for their valuable feedback, which helps the City Council make informed decisions. He added this is not the City’s first deviation from policy, and the modified plan takes public feedback into account. He noted he is not yet ready to move forward as he does not have the comfort level that the City knows exactly what we want, and he supports postponing the project until policy conversations can be undertaken. Councilmember Date stated she has gone through this process as a Councilmember a few times, and it can be contentious, but at this point in the process the City Council is giving general direction about trails that are necessary for pedestrian safety and walkability to schools and regional parks in the community. She added she has heard many residents say that they want the project to move forward and delaying the project by a year will not change the outcome. Councilmember Santini asked, from a timing perspective, what the policy review will look like if the City Council rejects this proposal. Mr. Gridley stated City Staff would focus on reviewing policies and the capital improvement project plans in 2022, assess this project and make decisions on priorities for this and other projects that are scheduled to occur. He added it would not be possible to manage a project of this size at the same time as other proposed projects. Councilmember Morris stated this project is a complete rehab in an established neighborhood, and the City Council should consider individual projects rather than ignoring policy guidelines. Councilmember Date stated, in terms of a revised policy, the City Council could stay the course and keep sidewalks as a priority or recognize and consider the unique character of each individual neighborhood. She added she agrees the policy should be changed but changing the policy will not change outcomes for Royal Oaks next year. Councilmember Date stated she changed her mind about sidewalks for this project because it is a unique neighborhood. She added it is not fair to other neighborhoods to delay their projects, and it is not fair to the Royal Oaks neighborhood to delay their project because it is urgently needed. She noted the City Council has received direction and knows what needs to be done. Councilmember Date moved, seconded by Councilmember Santini, To adopt the following resolution: Resolution of the City of Woodbury, Washington County, Minnesota approving the preliminary report, with Council directed scope reductions or minor modifications as necessary, ordering the project, authorizing preparation of plans and specifications and authorizing preparation, acquisition and, if necessary, condemnation of easements for the 2022 Roadway Rehabilitation project. Discussion during motion – Councilmember Date thanked all the audience members who participated in the tonight’s meeting. She added she knows some of the residents do not agree with moving the project forward. She noted she hopes the residents can recognize that she believes there are many neighbors who do want the project to move forward. Voting via voice: Kim Wilson – nay Andrea Date – aye Steve Morris – nay Jennifer Santini – aye Anne Burt – aye Motion failed due to lack of 4/5 super majority vote; therefore the resolution was not adopted. Councilmember Morris moved, seconded by Councilmember Santini, To adopt a motion to direct City Staff to prepare improvements to Ojibway Park and trails surrounding Ojibway Park in coordination with rehabilitation of trails along Lake Road. Page 8 of 20  City Council Meeting Minutes Wednesday, November 10, 2021 Discussion during the motion: Councilmember Date stated the project will be more expensive to complete if it is done in isolation. Councilmember Wilson requested clarification regarding trail width. Mr. Hartzell stated the standard width is 10 feet, but 8 feet is also acceptable. Voting via voice: Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Councilmember Wilson stated she hopes the City Council will be able to discuss these policies at a workshop before City Staff does a lot of work. She asked whether this will be broad forward with the Lake Road project feasibility. Mr. Hartzell stated it will be a separate project that will require City Council authorization for design and award of contract. Mayor Burt stated the decision has been made to delay the project, which gives residents an additional year to plan for approximately $9,000 in assessments. Mr. Gridley stated the project will not occur in 2022 but will be reconsidered with the Capital Improvement Plan. He added City Staff will set up a process to devote time to review policies and receive City Council input and feedback, especially with regard to reconstruction and resurfacing. B. Lake Road and Pioneer Drive Intersection Improvements Project: Approve Preliminary Report; Order Project Mayor Burt declared the public hearing open. Mr. Hoefs reviewed recommended intersection improvements at Lake Road and Pioneer Drive, including 2020 intersection control evaluation and two virtual community feedback events, as well as a preliminary report and Council workshop for project review. Public feedback was sought regarding the preference for a traffic signal or single-lane roundabout. Residents and the School District have expressed a lot of concern about traffic, visibility, pedestrian safety, bus and emergency vehicle access to schools. Mr. Hoefs stated City Staff is recommending a single-lane roundabout to best address the needs of the intersection, including slowing traffic speeds, controlling traffic, reducing delays, and enhanced pedestrian crossings. The roundabout would address “Safe Routes to School” plan recommendations for both Lake Middle School and Middleton Elementary School. Mr. Hoefs stated two small easements and minor grading will be needed for construction. Project funding of approximately $4.3 million will come mostly from Municipal State Aid Roadway Construction Fund, storm sewer fund, major roadway special assessment funds, and assessments. Mr. Hoefs stated City Staff recommends City Council approval of the feasibility and preliminary reports, and to order the project. Mayor Burt welcomed comments from members of the public. Betsy Brummer stated she is an adult crossing guard for Lake Middle School, and she is opposed to a roundabout. She added narrower roads do not reduce traffic speeds but rather increase congestion, and both schools will be affected. She noted she supports a traffic signal. She noted having the crosswalk at a roundabout would reduce her sight line for traffic and students and make it more difficult for emergency vehicles and buses. Mr. Hoefs stated the crosswalk was moved further east to eliminate those movements. Ms. Brummer stated she still does not support the roundabout. Councilmember Wilson asked whether left turns would be restricted during school hours. Mr. Hoefs stated the left turn lane could be restricted but traffic studies indicated that it was not necessary. Kari Olson, 2227 St. Johns Place, stated she is the Director of Transportation for South Washington County Schools. She expressed the School District’s opposition to a roundabout at Lake and Pioneer. She added there will be students trying to walk across the pedestrian crosswalk at the roundabout, which is not a good fit for school traffic. She noted a School District survey showed that pedestrians do not feel comfortable navigating a roundabout. She reiterated the District’s position in opposition to the proposed roundabout. Councilmember Burt moved, seconded by Councilmember Date, to close the public hearing. Page 9 of 20  City Council Meeting Minutes Wednesday, November 10, 2021 Voting in Favor: Wilson, Date, Morris, Santini, Burt Absent: None Councilmember Santini stated she goes through this intersection all the time. She asked what the design in the middle of the circle will be like. Mr. Hoefs stated the center can be kept low with minimal maintenance grass, and not a lot of plantings. Councilmember Santini stated she had some hesitation with the roundabout proposal, but there is a different feel with a 1-lane roundabout. She added better education for driver and pedestrians about roundabouts would be helpful. She noted she would support having some police officers stationed at the roundabout, from a control perspective. Councilmember Santini stated the issue she struggles with traffic signals because pedestrians do not have the right of way. She added pedestrians in a crosswalk have the right of way. She noted she is opposed to a traffic signal, but she can understand the hesitation with a traffic circle. Councilmember Wilson stated she does not like stop lights as they are very frustrating, but as a pedestrian she despises roundabouts. She added drivers look to the left when they are approaching a roundabout, and there may be people standing to your right waiting to cross. She noted the survey indicated that the majority of people are not comfortable with a roundabout. She expressed frustration that the City asks for feedback, and then ignores the feedback. Councilmember Date stressed the importance of public input. She thanked the residents who came and spoke on this issue. She stated she feels the City Council is getting dangerously close to legislating on issues that are not within the City Council’s areas of expertise. She added the City Council has always trusted the City’s Engineering Department to provide recommendations as they are the experts. She noted she does not believe they would be recommending this option if they did not believe it was the best way forward. Councilmember Date stated she values public input, and she understands the concerns of the School District. She added the City Council decided at its recent workshop to move forward with the City Staff’s recommendation, and the City Council should follow through with that. Councilmember Morris stated he agrees with the comments of his fellow Councilmembers. He added he has confidence that the City Engineers would not bring forward a bad option, and this is the best worst option for this intersection. He expressed his support for a roundabout at this location. Mayor Burt stated she appreciates all the feedback and comments. She added she has used that intersection for many years, and it can be chaotic during school arrival and departure times. She added she supports reducing the roadway to one lane in each direction, and a single lane roundabout. She expressed her support for the recommendation of the City’s Engineering staff and the project. Councilmember Morris moved, seconded by Councilmember Date, To adopt the following resolution Resolution 21-209 Resolution of the City of Woodbury, Washington County, Minnesota approving the preliminary report and ordering the project for the Lake Road and Pioneer Drive Intersection Improvement project. Voting via voice: Kim Wilson – nay Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye C. Amendment to Council Directive CD-COMDEV 3.1; Phase 2 Growth Management Strategy and Opening of Sub- phase 2C Mayor Burt stated this item is not a public hearing. City Council action is required before the public hearing for Item 7D. City Planner Eric Searles reviewed amendments to the Phase 2 Growth Management Strategy and a proposal to open Sub-Phase 2C. The growth management strategy is intended to promote contiguous development, appropriate staging and availability of infrastructure, and is consistent with the 2040 Comprehensive Plan. Staff is recommending a smaller Sub-Phase 2-C be opened at this time to give the City Council further control and to limit the amount of development that will be allowed. The City Council will be asked to open Sub-Phase 2-D in approximately 3-4 years. Page 10 of 20  City Council Meeting Minutes Wednesday, November 10, 2021 Staff recommends City Council adopt a Resolution amending Council Directive CD-COMDEV 3.1 Phase 2 Growth Management Strategy, establishing Sub-Phase 2-C and 2-D, and opening Sub-Phase 2-C. Councilmember Morris asked, with regard to water availability, whether opening Sub-Phase 2-C will place the City in any jeopardy based on water projections. Mr. Searles stated the growth management strategy assumes the continued development of infrastructure, including Wells 20 and 21, as anticipated in the 2040 Comprehensive Plan. Councilmember Wilson stated if Sub-Phase 2-C is open for development with 1500 units that will bring the City’s lot inventory to more than a 3-year supply. Mr. Searles agreed, but added that utility sequencing is anticipated and not all of the lots would be brought on- line at once. Councilmember Burt asked how the number of units will affect workload capacity. Mr. Searles stated the process moving forward is that grading activities would likely occur in the fall of 2021 with utilities in the spring of 2022, and delivery of lots and absorption in 2023. He added there is a significant lead time in infrastructure development. Councilmember Morris moved, seconded by Mayor Burt, To adopt the following resolution Resolution 21-210 Resolution of the City of Woodbury, Washington County, Minnesota amending Council Directive CD- COMDEV-3.1 Phase 2 Growth Management Strategy, establishing Sub-phases 2C and 2D and opening Sub-phase 2C. Voting via voice: Kim Wilson – nay Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye D. Items related to Briarcroft South, Hartung Farm, and AirLake North Mayor Burt declared the public hearing open for all three projects. Mr. Searles reviewed residential development applications from Briarcroft South, Hartung Farm and AirLake North for properties located to the east of Woodbury Drive and north and south of Dale Road. The three proposed subdivisions are being reviewed together due to their close proximity to each other. The subdivisions require rezoning from R-1 to R-4 as well as approvals for Planned Unit Development, Conditional Use Permit and Preliminary Plat. The identified 55-foot-wide detached townhome lots are proposed with association-provided snow removal and lawn maintenance. Without the common maintenance element, City Staff would not support rear yard and side yard setback reductions. Mr. Searles stated access for all 3 subdivisions would be from Woodbury Drive, Dale Road and Alice Trail. Dale Road will be reconstructed to a 2-lane divided road with turn lanes at intersections. The southernmost access off Woodbury Drive is proposed to be constructed and funded by the Highcroft South developer. The Preliminary Plats include single family lots, detached townhomes and row townhomes. Sidewalk systems are proposed for all three developments, based on City Council direction regarding sidewalks on cul- de-sacs beyond a certain length. Mr. Searles stated the Planning Commission reviewed the applications at their November 1, 2021 meeting and unanimously recommended City Council approval of each project. Mr. Searles stated authorization and preparation of preliminary reports and preparation of plans and specifications is requested for AirLake North, as well as execution of an engineering consulting agreement with WSB. All anticipated costs are to be funded by the developer. Mr. Searles stated City Staff recommends approval of the three development applications and associated approvals. There were no public comments. Councilmember Morris moved, seconded by Councilmember Santini, to close the public hearing for all three projects. Voting in Favor: Wilson, Date, Morris, Santini, Burt Absent: None Page 11 of 20  City Council Meeting Minutes Wednesday, November 10, 2021 Councilmember Santini asked whether Hartung Farm will have an association. Mr. Searles stated Hartung Farm will be a single-family development with proposed lot reductions, to accommodate a shared storm water system in cooperation with Briarcroft South. Mayor Burt requested clarification regarding sidewalk alignment. Mr. Searles stated the Planning Commission recommended City Staff review of sidewalk locations and are currently reviewing logistics and design. He added the sidewalk in Briarcroft South is proposed to be moved to the north side of the road. Councilmember Date stated she is pleased to see the new sidewalk policy for cul-de-sacs being implemented in these proposed residential developments. Councilmember Morris stated a big concern of the Parks & Natural Resources Commission, particularly on Briarcroft, was that development of homes will precede park development, and determination of amenities. He requested City Staff communicate with the developer on this issue. Mr. Searles agreed. Councilmember Wilson stated she thought the Dale Road extension was approved to accommodate the Wozniak development. Mr. Searles stated the City Council approved initial funding to begin planning and preparation for future improvements to Dale Road. He added the improvements ended at the first phase of Briarcroft to the north of Dale Road. D1. Briarcroft South: Rezoning; Planned Unit Development; Conditional Use Permit and Preliminary Plat; Project No. 35-2021-00451; Hartung Farm: Rezoning; Planned Unit Development; Conditional Use Permit and Preliminary Plat; Project No. 35-2021-00460 Councilmember Date moved, seconded by Councilmember Morris, To adopt the following ordinance Ordinance 2008 Ordinance of the City of Woodbury, Washington County, Minnesota rezoning certain property from R-1, Urban Reserve District to R-4, Urban Residential District. Voting via voice: Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Councilmember Date moved, seconded by Councilmember Morris, To adopt the following resolution Resolution 21-211 Resolution of the City of Woodbury, Washington County, Minnesota approving Conditional Use Permit and adopting findings of fact for Briarcroft South. Voting via voice: Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Councilmember Date moved, seconded by Councilmember Morris, To approve the Briarcroft South Planned Unit Development (PUD) and Preliminary Plat, Project No. 35-2021-00451, all subject to the conditions as outlined in Council Letter 21-279. 1. The PUD and CUP approval shall expire one (1) year from the date of City Council approval unless a building permit has been requested or a time extension has been granted by the City Council. 2. The Preliminary Plat approval shall expire six (6) months from the date of the City Council approval unless a Final Plat has been requested or a time extension has been granted by the City Council. 3. Prior to the issuance of a building permit, the Applicant shall record the final plat. Page 12 of 20  City Council Meeting Minutes Wednesday, November 10, 2021 4. All trees planted onsite as part of the approved landscaping plan shall be replaced, with heights consistent with original planting heights, regardless of reason why the tree did not survive. Said replacement shall occur within one (1) growing season after request by the City. 5. Final park dedication shall be satisfied via cash dedication. Final dedication shall be memorialized in the Development Agreement. 6. Staff shall review and approve, in writing, the final landscaping plan showing a minimum of three (3) trees per lot and all trees necessary for tree replacement calculations. 7. Prior to the issuance of a land disturbance permit, additional trees shall be added along the perimeter of Hartung Farm- Lots 9-36, Block 5 of the preliminary plat. The final landscaping plan shall meet the City’s Landscaping Diversity Ordinance. 8. Prior to the issuance of a land disturbance permit, the Applicant shall submit a landscaping plan that provides significant landscaping on the rear lot lines for the lots adjacent to the southwest entrance road- Lots 23-26, Block 1 of the preliminary plat. 9. A Development Agreement shall be fully executed prior to the release of the Final Plat for recording. 10. Prior to the approval of the Final Plat, all required findings of Chapter 21-16 shall be met. This includes participation for public infrastructure including storm sewer, water, sanitary and transportation infrastructure. Approval of the Preliminary Plat is conditional upon satisfactory compliance with Chapter 21-16 of the Woodbury City Code. 11. Prior to the issuance of a land disturbance permit, Staff shall review and approve the final landscaping and seeding plan for Outlots A & B. 12. Prior to the issuance of a building permit, all retaining walls shall be reviewed and approved by Planning staff. All retaining walls shall be maintained by the HOA regardless of location. 13. Prior to the issuance of a land disturbance permit, the Applicant shall address access concerns with Lot 1, Block 8. 14. Prior to the issuance of a building permit, the Applicant shall relocate the sidewalk on AirLake Draw to the north side to match with the required sidewalk for Hartung Farm. 15. The Applicant shall grade the boulevard and provide required stormwater management for Dale Road with the designs approved by the City Engineer. 16. To cure the prematurity of the roadway network, the Applicant shall improve Dale Road to a two-lane divided roadway with designs approved by the City Engineer. The Applicant shall either privately construct these improvements or may request a 429 assessment for the City to allow for public construction. The construction shall be memorialized within the Development Agreement. 17. Prior to the issuance of a land disturbance permit, the Applicant shall revise the plans to show the sidewalk on Briarcroft Lane on the east side of the road. Engineering Conditions: 1. The Applicant shall be financially responsible for all applicable water, sanitary sewer and storm sewer area and connection charges. Rates applied shall be those in effect at the time of Final Plat approval and will be memorialized in a feasibility/preliminary report for the project. 2. The Applicant shall be financially responsible for trunk sanitary sewer and trunk watermain lateral benefit charges applicable to the site. Lateral benefit charges will be based on the rates in effect for the year the Development Agreement is executed. 3. Prior to the issuance of a Land Disturbance Permit, the proposed stormwater facility designs shall meet the City’s stormwater design standards including infiltration, quality and quantity ponding. 4. The Applicant shall be responsible for compliance with the City’s Land Disturbance and Erosion and Sediment Control Ordinance and must obtain a Land Disturbance Permit along with any necessary right-of-way permits from the City’s Engineering Division prior to the commencement of any site activities or site disturbance. The Developer will also be responsible for obtaining any other permits necessary from other applicable agencies such as the Minnesota Pollution Control Agency NPDES Permit for Construction Activities permit prior to commencing any site activities. 5. The Applicant shall provide approved street lighting at every intersection and/or every 300 feet. The Applicant shall also be responsible to provide major roadway street lighting if a road intersects a major collector. 6. Where public utilities and/or overland emergency overflows run adjacent to side or rear lot lines, easements shall be a minimum of 10 feet wide on each side of the lot line. If the utilities are deeper than 10 feet the easement width for each lot is calculated at a 1:1 depth to width ratio from the centerline of the utility. The easement width shall then be adjusted to the nearest five (5) foot increment. 7. The Applicant shall be responsible for protecting all on- or off-site storm sewer basins and components and adjacent storm sewer facilities from exposure to stormwater runoff, sediment and debris during construction activities. Temporary stormwater facilities may be necessary to protect the aforementioned improvements during all construction activities. Construction and maintenance of any temporary stormwater facilities shall be the responsibility of the Developer. A SWPPP shall be submitted to the City for review and approval as part of the Land Disturbance Permit process. 8. Temporary sediment basins shall be identified on the grading plan that are sufficient in size to address stormwater management during construction. These basins shall be located out of the right-of-way and be maintained throughout housing construction. 9. All homes shall have a 25-foot useable backyard area (flat for approximately 25 feet out from the house pad). Page 13 of 20  City Council Meeting Minutes Wednesday, November 10, 2021 10. Outlots and easements that contain public structures and utilities shall be kept free of landscaping and retaining walls. All pond accesses and maintenance benches shall be kept free of planting, retaining walls, etc. 11. Prior to the issuance of a Land Disturbance Permit, the Applicant shall provide updated plans that provide conduit crossings for irrigation lines to avoid utility conflicts. 12. Dale Road improvements shall be wholly funded by the Applicant. The final roadways plans shall be designed by the City’s consultant and constructed privately. 13. Prior to the issuance of a land disturbance permit, the Applicant shall provide updated plans that show a temporary cul-de-sac will be required at the west end of AirLake Draw if exception parcel does not move forward with development concurrently. Same comments apply to the east end of Blackmoor Drive. The Applicant shall be responsible to prepare and execute easement documents prior to construction of utility and street improvements. 14. Prior to the issuance of a land disturbance permit, the Applicant shall show how a road stub can be accommodated on Blackmoor Road for the southern exception parcel. 15. The Applicant shall be responsible for obtaining all drainage and grading easements from adjacent property owners. Proof of easements shall be presented to the City prior to the issuance of a land disturbance permit. Voting via voice: Kim Wilson – nay Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Councilmember Date moved, seconded by Councilmember Morris, To adopt the following ordinance Ordinance 2009 Ordinance of the City of Woodbury, Washington County, Minnesota, rezoning certain property from R-1, Urban Reserve District to R-4, Urban Residential District. Voting via voice: Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Councilmember Date moved, seconded by Councilmember Morris, To adopt the following resolution Resolution 21-212 Resolution of the City of Woodbury, Washington County, Minnesota approving the Conditional Use Permit (CUP) and adopting findings of fact for Hartung Farm Voting via voice: Kim Wilson – nay Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Councilmember Date moved, seconded by Councilmember Morris, To adopt a motion approving the Hartung Farm Planned Unit Development (PUD) and Preliminary Plat, Project No. 35-2021-00460, all subject to the conditions as outlined in Council Letter 21-279. 1. The PUD and CUP approval shall expire one (1) year from the date of City Council approval unless a building permit has been requested or a time extension has been granted by the City Council. 2. The Preliminary Plat approval shall expire six (6) months from the date of the City Council approval unless a Final Plat has been requested or a time extension has been granted by the City Council. Page 14 of 20  City Council Meeting Minutes Wednesday, November 10, 2021 3. Prior to the issuance of a building permit, the Applicant shall record the final plat. 4. All trees planted onsite as part of the approved landscaping plan shall be replaced, with heights consistent with original planting heights, regardless of reason why the tree did not survive. Said replacement shall occur within 1 growing season after request by the City. 5. Final park dedication shall be satisfied via cash dedication. Final dedication shall be memorialized in the Development Agreement. 6. Staff shall review and approve, in writing, the final landscaping plan showing a minimum of three (3) trees per lot and all trees necessary for tree replacement calculations. The final landscaping plan shall meet the City’s Landscaping Diversity Ordinance. 7. Prior to the release of the Final Plat for recording, staff shall finalize the tree replacement calculations and method of achieving replacement or payment in lieu. 8. A Development Agreement shall be fully executed prior to the release of the Final Plat for recording. 9. Prior to the approval of the Final Plat, all required findings of Chapter 21-16 shall be met. This includes participation for public infrastructure including storm sewer, water, sanitary and transportation infrastructure. Approval of the Preliminary Plat is conditional upon satisfactory compliance with Chapter 21-16 of the Woodbury City Code. 10. Prior to the issuance of a land disturbance permit, the Applicant shall submit revised plans showing a five (5) foot sidewalk on the north side of AirLake Draw. 11. The Applicant shall grade the boulevard and provide required stormwater management for Dale Road with the designs approved by the City Engineer. 12. To cure the prematurity of the roadway network, the Applicant shall improve Dale Road to a two-lane divided roadway with designs approved by the City Engineer. The Applicant shall either privately construct these improvements or may request a 429 assessment for the City to allow for public construction. The construction shall be memorialized within the Development Agreement. Engineering Conditions: 1. The Applicant shall be financially responsible for all applicable water, sanitary sewer and storm sewer area and connection charges. Rates applied shall be those in effect at the time of Final Plat approval and will be memorialized in a feasibility/preliminary report for the project. 2. The Applicant shall be financially responsible for trunk sanitary sewer and trunk watermain lateral benefit charges applicable to the site. Lateral benefit charges will be based on the rates in effect for the year the Development Agreement is executed. 3. Prior to the issuance of a Land Disturbance Permit, the proposed stormwater facility designs shall meet the City’s stormwater design standards including infiltration, quality and quantity ponding. 4. The Applicant shall be responsible for compliance with the City’s Land Disturbance and Erosion and Sediment Control Ordinance and must obtain a Land Disturbance Permit along with any necessary right-of-way permits from the City’s Engineering Division prior to the commencement of any site activities or site disturbance. The Developer will also be responsible for obtaining any other permits necessary from other applicable agencies such as the Minnesota Pollution Control Agency NPDES Permit for Construction Activities permit prior to commencing any site activities. 5. The Applicant shall provide approved street lighting at every intersection and/or every 300 feet. The Applicant shall also be responsible to provide major roadway street lighting if a road intersects a major collector. 6. The Applicant shall grade the Dale Road ROW to accommodate future expansion. Final design shall be reviewed and approved by Engineering staff prior to the issuance of a land disturbance permit. 7. Where public utilities and/or overland emergency overflows run adjacent to side or rear lot lines, easements shall be a minimum of 10 feet wide on each side of the lot line. If the utilities are deeper than 10 feet the easement width for each lot is calculated at a 1:1 depth to width ratio from the centerline of the utility. The easement width shall then be adjusted to the nearest five (5) foot increment. 8. The Applicant shall be responsible for protecting all on- or off-site storm sewer basins and components and adjacent storm sewer facilities from exposure to stormwater runoff, sediment and debris during construction activities. Temporary stormwater facilities may be necessary to protect the aforementioned improvements during all construction activities. Construction and maintenance of any temporary stormwater facilities shall be the responsibility of the Developer. A SWPPP shall be submitted to the City for review and approval as part of the Land Disturbance Permit process. 9. Temporary sediment basins shall be identified on the grading plan that are sufficient in size to address stormwater management during construction. These basins shall be located out of the right-of-way and be maintained throughout housing construction. 10. All homes shall have a 25-foot useable backyard area (flat for approximately 25 feet out from the house pad). 11. Outlots and easements that contain public structures and utilities shall be kept free of landscaping and retaining walls. 12. Prior to the issuance of a Land Disturbance Permit, the Applicant shall provide updated plans that provide conduit crossings for irrigation lines to avoid utility conflicts. Page 15 of 20  City Council Meeting Minutes Wednesday, November 10, 2021 Voting via voice: Kim Wilson – nay Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye D2. AirLake North: Rezoning, Planned Unit Development, Conditional Use Permit, Preliminary Plat, and Site and Building Plan, Project No. 26-2021- 00446 Councilmember Date moved, seconded by Councilmember Morris, To adopt the following ordinance Ordinance 2010 Ordinance of the City of Woodbury, Washington County, Minnesota, rezoning certain property from R-1, Urban Reserve District to R-4, Urban Residential District. Voting via voice: Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Councilmember Date moved, seconded by Councilmember Morris, To adopt the following resolution Resolution 21-213 Resolution of the City of Woodbury, Washington County, Minnesota approving the Conditional Use Permit (CUP) and adopting findings of fact. For AirLake North. Voting via voice: Kim Wilson – nay Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Councilmember Date moved, seconded by Councilmember Morris, To adopt a motion approving the AirLake North Planned Unit Development (PUD), Preliminary Plat and Site and Building Plan, Project No. 26-2021-00446, all subject to the conditions as outlined in Council Letter 21-280. 1. The PUD and CUP approval shall expire one (1) year from the date of City Council approval unless a building permit has been requested or a time extension has been granted by the City Council. 2. The Preliminary Plat approval shall expire six (6) months from the date of the City Council approval unless a Final Plat has been requested or a time extension has been granted by the City Council. 3. Prior to the issuance of a building permit, the Applicant shall record the final plat. 4. Final park dedication shall be satisfied via cash dedication and improvements. Final dedication shall be memorialized in the Development Agreement. 5. A Development Agreement shall be fully executed prior to the release of the Final Plat for recording. 6. Prior to the approval of the Final Plat, all required findings of Chapter 21-16 shall be met. This includes participation for public infrastructure including storm sewer, water, sanitary and transportation infrastructure. Approval of the Preliminary Plat is conditional upon satisfactory compliance with Chapter 21-16 of the Woodbury City Code. Page 16 of 20  City Council Meeting Minutes Wednesday, November 10, 2021 7. To cure the prematurity of the roadway network, the Applicant shall improve Dale Road to a two-lane divided roadway with designs approved by the City Engineer. The Applicant shall either privately construct these improvements or may request a 429 assessment for the City to allow for public construction. The construction shall be memorialized within the Development Agreement. 8. Prior to the issuance of a land disturbance permit, the Applicant shall revise the landscaping plan and shall increase the plantings along Dale Road and Atlas Trail. Furthermore, additional landscaping shall be added on Lot 1 Block 2, Lot 1 Block 5, Lot 10-17 Block 10. Finally, landscaping shall be added in the front yards of multifamily units to ensure trees are located in front of all units. 9. Prior to the issuance of a land disturbance permit, staff shall finalize the tree replacement calculations and method of achieving replacement or payment in lieu. 10. Prior to the issuance of a building permit, staff shall review and approve the architecture designs of the proposed row townhomes. Said designs shall vary setbacks to break up driveway and flat planes of rear yard elevations. Front building elevations shall have design features to break-up roof lines and rear elevations shall use differing materials and colors to break-up long elevations. 11. Prior to the issuance of a land disturbance permit, an Operations and Maintenance Plan shall be approved by the City. 12. Prior to the issuance of a land disturbance permit, Engineering staff shall review and approve the seeding plan for the stormwater ponding area. Said plan shall include a minimum of 3 years of maintenance to establish native areas within the outlot. 13. Prior to the issuance of a building permit, all retaining walls shall be reviewed and approved by Planning staff. All retaining walls shall be located on private property and shall be maintained by the HOA or underlying private property owner. 14. The Applicant shall grade the boulevard and provide required stormwater management for Dale Road with the designs approved by the City Engineer. 15. All detached townhome and row townhome lots shall have common area maintenance, lot maintenance and association snow removal. Engineering Conditions: 1. The Applicant shall be financially responsible for all applicable water, sanitary sewer and storm sewer area and connection charges. Rates applied shall be those in effect at the time of Final Plat approval and will be memorialized in a feasibility/preliminary report for the project. 2. The Applicant shall be financially responsible for trunk sanitary sewer and trunk watermain lateral benefit charges applicable to the site. Lateral benefit charges will be based on the rates in effect for the year the Development Agreement is executed. 3. Prior to the issuance of a Land Disturbance Permit, the proposed stormwater facility designs shall meet the City’s stormwater design standards including infiltration, quality and quantity ponding. 4. The Applicant shall be responsible for compliance with the City’s Land Disturbance and Erosion and Sediment Control Ordinance and must obtain a Land Disturbance Permit along with any necessary right-of-way permits from the City’s Engineering Division prior to the commencement of any site activities or site disturbance. The Developer will also be responsible for obtaining any other permits necessary from other applicable agencies such as the Minnesota Pollution Control Agency NPDES Permit for Construction Activities permit prior to commencing any site activities. 5. The Applicant shall provide approved street lighting at every intersection and/or every 300 feet. The Applicant shall also be responsible to provide major roadway street lighting if a road intersects a major collector. 6. Where public utilities and/or overland emergency overflows run adjacent to side or rear lot lines, easements shall be a minimum of 10 feet wide on each side of the lot line. If the utilities are deeper than 10 feet the easement width for each lot is calculated at a 1:1 depth to width ratio from the centerline of the utility. The easement width shall then be adjusted to the nearest five (5) foot increment. 7. The Applicant shall be responsible for protecting all on- or off-site storm sewer basins and components and adjacent storm sewer facilities from exposure to stormwater runoff, sediment and debris during construction activities. Temporary stormwater facilities may be necessary to protect the aforementioned improvements during all construction activities. Construction and maintenance of any temporary stormwater facilities shall be the responsibility of the Developer. A SWPPP shall be submitted to the City for review and approval as part of the Land Disturbance Permit process. 8. Temporary sediment basins shall be identified on the grading plan that are sufficient in size to address stormwater management during construction. These basins shall be located out of the right-of-way and be maintained throughout housing construction. 9. All homes shall have a 25-foot useable backyard area (flat for approximately 25 feet out from the house pad). 10. Outlots and easements that contain public structures and utilities shall be kept free of landscaping and retaining walls. All pond accesses and maintenance benches shall be kept free of planting, retaining walls, etc. 11. Prior to the issuance of a Land Disturbance Permit, the Applicant shall provide updated plans that provide conduit crossings for irrigation lines to avoid utility conflicts. 12. The Applicant shall be responsible for obtaining all drainage and grading easements from adjacent property owners. Proof of easements shall be presented to the City prior to the issuance of a land disturbance permit. Page 17 of 20  City Council Meeting Minutes Wednesday, November 10, 2021 Voting via voice: Kim Wilson – nay Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye D3. AirLake North: Addition Utility and Street Improvements (Private Construction); Authorize Preparation of Preliminary Report; Authorize Preparation of Plans and Specifications; Consultant Selection Councilmember Date moved, seconded by Councilmember Morris, To adopt the following resolution Resolution 21-214 Resolution of the City of Woodbury, Washington County, Minnesota, authorizing the Mayor and City Administrator to execute an engineering consulting services agreement with WSB, Inc., for preparation of the Preliminary Report and Plans and Specifications for the AirLake North Utility and Street Improvements Project (private construction). Voting via voice: Kim Wilson – nay Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye E. Blaksley 2nd Addition; Preliminary Plat; Project No. 32-2021-00471; Final Plat; Project No. 32-2021-00472 Community Development Director Janelle Schmitz reviewed the Preliminary Plat and Final Plat from applicant Joel Seleskie for a lot split at 7400 Glen Road for property that is zoned R-2 and guided as Rural Estate in the Comprehensive Plan. The 12-acre lot was created in 1989 is proposed to be further subdivided into two lots totaling 6.27 acres and 5.9 acres. The existing home will remain on Lot 1, and a new home is proposed to be constructed on Lot 2, which is a “flag lot”, with a long narrow driveway leading to the north end of the property. Some minor soft wood trees are requested to be removed, but a large cluster of trees on the property will be preserved. Ms. Schmitz stated the Planning Commission recommended City Council approval of the Preliminary Plat at their November 1, 2021 meeting. She added the Commission raised questions regarding driveway spacing, number of out buildings and tree replacement, all of which meet City requirements. Mayor Burt stated the public hearing is open. There were no comments. Mayor Burt moved, seconded by Councilmember Morris, to close the public hearing. Voting in Favor: Wilson, Date, Morris, Santini, Burt Absent: None Mayor Burt requested clarification regarding road assessments. Mr. Hartzell stated specific assessment requirements for flag lots are included in City Code, and that they are based on acreage and the back lot line. Councilmember Date moved, seconded by Councilmember Morris, To adopt a motion approving Blaksley 2nd Addition Preliminary and Final Plat, Project Numbers 32-2021-00471 And 32-2021-00472, Subject to Conditions Outlined in Council Letter 21-282. 1. Prior to the issuance of a building permit, the Final Plat shall be recorded. 2. These approvals shall expire six (6) months from the date of City Council approval unless a Final Plat has been recorded or a time extension has been granted by the City Council. 3. Prior to the release of the final plat for recording, the Applicant shall dedicate all on site permanent road rights-of- way and drainage and utility easements, to the City of Woodbury at no cost, without encumbrances or restrictions, including right-of-way for Glen Road. Page 18 of 20  City Council Meeting Minutes Wednesday, November 10, 2021 4. The Applicant shall be financially responsible for all applicable storm sewer area and connection charges. The Applicant shall also be responsible for any cost incurred for private utilities adjacent to and within the development. 5. The Applicant shall be responsible for compliance with the City’s Land Disturbance and Erosion and Sediment Control Ordinance and must obtain a Land Disturbance Permit along with any necessary right-of-way permits from the City’s Engineering Division prior to the commencement of any site activities or site disturbance. The Applicant will also be responsible for obtaining any other permits necessary from other applicable agencies such as the Minnesota Pollution Control Agency NPDES Permit for construction activities. 6. Park dedication shall be paid in cash in lieu of land dedication. Payment shall be made prior to the release of the Final Plat. 7. Prior to the issuance of a building permit, the Engineering Division shall review and approve the final plan including the grading plan, location of proposed well and septic, culverts, power pole locations and the like. 8. Prior to the issuance of a building permit, the Applicant shall obtain a sanitary sewer permit for the private construction of a new well. 9. Lot 2 (the flag lot) cannot be further subdivided in the future due to lack of required roadway frontage along Glen Road and access. 10. Plat approval and release shall be conditional on adherence to all requirements of the city attorney, including, but not necessarily limited to, any express requirements contained in the city attorney’s plat opinion. Voting via voice: Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye F. Consent Agenda Item 6M - Appointment of Administrative Technician - Engineering Dedo Councilmember Date moved, seconded by Councilmember Morris, To adopt the following resolution Resolution 21-214 Resolution of the City of Woodbury, Washington County, Minnesota, creating the position of Administrative Technician – Engineering placing the position in grade 3 of the Woodbury Classification Plan and appointing Emily Dedo to the position of Administrative Technician – Engineering effective January 3, 2022. Discussion during the motion: Mr. Gridley stated, for purposes of clarification, this is a reclassification of an existing position. Councilmember Wilson stated she will still be voting no based on her email exchange with City Staff. Mr. Gridley stated Angela (Assistant City Administrator Gorall) indicated in her email today that this was not an additional position. Councilmember Wilson asked whether a new position is being created, as indicated in the motion. Mr. Gridley stated a position is open due to a retirement, and the job title is being changed to move the employee to a higher grade. Voting via voice: Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Discussion No items scheduled 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. Page 19 of 20  City Council Meeting Minutes Wednesday, November 10, 2021 Transportation Report (2nd meeting of the month, May-October) No report was given. Administrative Report Mr. Gridley stated he would forego the Administrator’s Report due to the late hour. Adjournment Mayor Burt moved, seconded by Councilmember Santini, to adjourn the meeting at 11:07 p.m. Voting in Favor: Wilson, Date, Morris, Santini, Burt Absent: None Respectfully submitted, ________________________________________ Kimberlee K. Blaeser, City Clerk Approved by the Woodbury City Council on December 8, 2021 Page 20 of 20