City Council

Minutes Woodbury City Council Wednesday, December 8, 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 8th day of December 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. 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: Kimberlee K. Blaeser, City Clerk; Mary Tietjen, City Attorney; Clinton Gridley, City Administrator; Janelle Schmitz, Community Development Director; and Chris Hartzell, Engineering Director; and Michelle Okada, Parks & Recreation Director. Special Order of Business A. Report on November 17, 2021 Closed Session Regarding Labor Negotiations City Attorney Mary Tietjen reviewed the November 17, 2021 Closed Session related to labor negotiations strategy. She added City Staff received strategic direction from the City Council. She noted the Closed Session was attended by the Mayor and City Council, the Human Resources Manager, and Assistant City Administrator Angela Gorall. B. Report on November 17, 2021 Closed Session Regarding City Administrator Performance Review Ms. Tietjen reviewed the November 17, 2021 Closed Session related to the annual performance review for City Administrator Clint Gridley. She added the Closed Session was attended by the Mayor, City Council, City Attorney Mary Tietjen, and Chad Weinstein from Ethical Leaders in Action, Inc., a City-engaged consultant. She noted the review of the City Administrator was highly satisfactory. Open Forum The Open Forum is a portion of the Council meeting where a maximum of three persons will be allowed to address the Council on subjects, which are not a part of the meeting agenda. Persons wishing to speak must complete a sign-up sheet prior to the start of the meeting. Give the sign-up sheet to any staff person. Speakers are limited to two minutes each. The Council will listen attentively to comments but, in most instances, will not respond at the meeting. Typically, replies to the concerns expressed will be made via letter or phone call within a week. Discussion A. Truth in Taxation Public Meeting: 2022 Property Tax Levy and Budget City Administrator Clint Gridley reviewed the budget development process including the City’s guiding principles for budget development. Budget update information was provided in the City newsletter, and Truth-in-Taxation notices were sent. A public meeting was held to receive public input before adoption of the final budget. City Staff continue to ensure transparency and accountability with performance measurements, including a new online dashboard.  City Council Meeting Minutes Wednesday, Dec 8, 2021 Mr. Gridley stated the City’s biannual residents’ survey last conducted 3 years ago had , high overall citizen satisfaction. The City of Woodbury received a number of accolades, including a Triple A bond rating that has been held since 2009 and is the highest level of rating for performance management. Mr. Gridley stated the City faces issues related to community growth, rates of unemployment, and areas of risk, including: cybersecurity; faithful performance; intergovernmental revenues; unfunded liabilities; public pensions; liability claims; mandates from the State and federal government; General Fund revenue diversification; and Metropolitan Fiscal Disparity Program. Mr. Gridley stated the 2022 budget details include City funds and programs, as well as funding and expenditures. He reviewed five expenditure drivers: personnel costs; business standards and requirements; rising inflation and other costs; service demands and infrastructure and asset replacement. Mr. Gridley stated impact to the median value home in Woodbury is 2.7%, or $30, compared to $41 last year. The tax rate is decreasing by .5%, and the change in the property tax levy is 5.5%. He reviewed residential city property tax changes for specific properties in Woodbury. Mr. Gridley stated property values, set by Washington County, do not create the tax burden, but rather are used to distribute the tax burden. He added the City levy is fixed and does not change based on fluctuations in property valuation. Mr. Gridley stated City Staff recommends City Council adoption of various fund budgets, setting tax levies and canceling various debt levies for next year. Mayor Burt thanked Mr. Gridley for his presentation. Mayor Burt moved, seconded by Councilmember Morris, To adopt the following resolution Resolution 21-217 through Resolution 21-244 Resolution of the City of Woodbury, Washington County, Minnesota approving the various fund budgets, sets the tax levies and cancels various debt levies for next year. Voting via voice: Kim Wilson – no Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Consent Agenda Councilmember Morris requested that Agenda Item 7J be moved to Discussion. Councilmember Wilson requested that Agenda Item 7O be moved to Discussion. She requested that Agenda Items 7AC and 7AE be moved to Discussion as she plans to vote differently. 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 Minutes – November 10, 2021 Item B Approval of Minutes – November 17, 2021 Item C To adopt the following resolution Resolution 21-245 Resolution of the City of Woodbury, Washington County, Minnesota awarding a contract with Flagship Recreation / Landscape Structures Inc., in the amount of $274,967.84, for the Valley Creek Park playground project and authorizing the Mayor and City Administrator to sign said contract. Page 2 of 16  City Council Meeting Minutes Wednesday, Dec 8, 2021 Item D To adopt the following resolution Resolution 21-246 Resolution of the City of Woodbury, Washington County, Minnesota authorizing the acceptance of gift sponsorship donations totaling $20,050 from various Woodbury businesses and individuals. Item E To adopt a motion approving The Hartung Farm, Final Plat, Project No. 35-2021-00461. Staff further recommends Council authorize the Mayor and City Administrator to execute the Development Agreement with all approvals subject to the conditions as outlined in Council Letter 21- 292. 1. All conditions of Planned Unit Development and Preliminary Plat approval shall remain in full force and effect. 2. The Final Plat shall include all necessary easements to match the utility plans being prepared by the City’s consultant engineer. 3. The final street names shall be reviewed and approved by the Chief Building Official. 4. This Final Plat approval shall be contingent on meeting all required findings of Section 21-16 of the Woodbury City Code. 5. Prior to the release of the Final Plat, a Developer Agreement shall be executed. 6. The Developer shall be financially responsible for 100 percent of all storm sewer, sanitary sewer and water main area and connection charges applicable to the property. These charges are identified in a preliminary report prepared for the project and shall be in the Development Agreement. 7. 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. 8. All permanent easements and rights-of-way (ROW) necessary for existing and proposed street and utility improvements within the plat boundary shall be granted to the City at no cost or paid for by the Developer. 9. All standard front, rear and side yard lot easements shall be shown on the plat. Standard front and rear yard easements are 10 feet and side yard easements are five (5) feet. Where public utilities are adjacent to side or rear lot lines, easements shall be a minimum of 10 feet wide on each side of the lot line. If the utilities are deeper than 10 feet, the easement width for each lot is calculated at a 1:1 depth-to-width ratio from the centerline of the utility. The easement width must then be adjusted to the nearest five-foot increment. If additional easements are not provided, then the layout of the watermain shall be adjusted. 10. The Final Plat shall be recorded prior to issuance of a building permit. 11. Park dedication shall be paid in cash in lieu of land dedication. Payment shall be made prior to the release of the Final Plat. Item F To approve the Sham’s Place, Final Plat, Project No. 10-2021-00469. Staff further recommends Council authorize the Mayor and City Administrator to execute the Development Agreement with all approvals subject to the conditions as outlined in Council Letter 21-293. 1. All conditions of Planned Unit Development and Preliminary Plat approval shall remain in full force and effect. 2. The Final Plat shall include all necessary easements to match the utility plans being prepared by the City’s consultant engineer. 3. Prior to the release of the Final Plat, a Developer Agreement shall be executed. 4. The Developer shall be financially responsible for 100 percent of all storm sewer, sanitary sewer and water main area and connection charges applicable to the property. These charges are identified in a preliminary report prepared for the project and shall be in the Development Agreement. 5. 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. 6. All permanent easements and rights-of-way (ROW) necessary for existing and proposed street and utility improvements within the plat boundary shall be granted to the City at no cost or paid for by the Developer. 7. All standard front, rear and side yard lot easements shall be shown on the plat. Standard front and rear yard easements are 10 feet and side yard easements are five (5) feet. Where public utilities are adjacent to side or rear lot lines, easements shall be a minimum of 10 feet wide on each side of the lot line. If the utilities are deeper than 10 feet, the easement width for each lot is calculated at a 1:1 depth-to-width ratio from the centerline of the utility. The easement width must then be adjusted to the nearest five-foot increment. If additional easements are not provided, then the layout of the watermain shall be adjusted. 8. Prior to the issuance of a building permit, Outlot A shall be dedicated to the City at no cost. 9. The Final Plat shall be recorded prior to issuance of a building permit. 10. Prior to the issuance of a right-of-way (ROW) permit, the Applicant shall provide a recorded cross access easement that memorializes shared access and maintenance for the driveway. 11. Park dedication shall be paid in cash in lieu of land dedication. Payment shall be made prior to the release of the Final Plat. Item G To adopt the following resolution Resolution 21-247 Resolution of the City of Woodbury, Washington County, Minnesota changing property address from 11497 Brookview Road to 1118 Conifer Pass. Item H To adopt the following resolution Resolution 21-248 Resolution of the City of Woodbury, Washington County, Minnesota accepting Highway Safety Improvement Project (HSIP) Grant in the amount of $1,620,000. Page 3 of 16  City Council Meeting Minutes Wednesday, Dec 8, 2021 Item I To adopt the following resolution Resolution 21-249 Resolution of the City of Woodbury, Washington County, Minnesota authorizing the use of the Central District Trunk Storm Sewer Fund in 2021 for the Flood Risk Reduction Grant Program. Item J Stop Sign Installation: Intersection of Plymouth Road and Bailey Lake Drive. This item was pulled from the Consent Agenda and moved to discussion Item K To adopt the following resolution Resolution 21-250 Resolution of the City of Woodbury, Washington County, Minnesota establishing a public improvement hearing date of January 12, 2022, for the Lake Road Rehabilitation and 4-3 Lane Conversion Project. Item L To adopt the following resolution Resolution 21-251 Resolution of the City of Woodbury, Washington County, Minnesota accepting Metropolitan Council’s Environmental Services 2019 Clean Water Efficiency Grant Amendment in the amount of $13,000 and approving the associated budget amendment. Item M To adopt the following resolution Resolution 21-252 Resolution of the City of Woodbury, Washington County, Minnesota authorizing acceptance of up to $2,401,061 in grant funds from the Minnesota Pollution Control Agency to reimburse the City’s expenses for implementation of the long-term water treatment plant preliminary engineering report and pilot study and approving a budget amendment to the Water and Sewer Utility Fund (Enterprise Fund). Item N To adopt the following resolution Resolution 21-253 Resolution of the City of Woodbury, Washington County, Minnesota authorizing the Mayor and City Administrator to execute a contract with Advanced Engineering and Environmental Services, LLC as the City’s consultant and engineering firm for services associated with the long-term water treatment plant preliminary engineering report and pilot study. Item O Annual Update to the Fee Schedule for 2022. This item was pulled from the Consent Agenda and moved to discussion. Item P To adopt the following resolution Resolution 21-254 Resolution of the City of Woodbury, Washington County, Minnesota authorizing the calling for redemption of General Obligation Improvement Bonds, Series 2011A. Item Q To adopt the following resolution Resolution 21-255 Resolution of the City of Woodbury, Washington County, Minnesota authorizing g the Woodbury Public Safety Department to accept Toward Zero Deaths (TZD) Traffic Safety Enforcement Grant from the Minnesota Department of Public Safety, Office of Traffic Safety. Item R To adopt the following resolution Resolution 21-256 Resolution of the City of Woodbury, Washington County, Minnesota authorizing the acceptance of grant funds from the U.S. Department of Justice, Office of Justice Programs, Bulletproof Vest Partnership Program. Item S To adopt the following resolution Resolution 21-257 Resolution of the City of Woodbury, Washington County, Minnesota approving the designation of polling places for 2022 elections and all subsequent elections until changed by the City Council of the City of Woodbury. Page 4 of 16  City Council Meeting Minutes Wednesday, Dec 8, 2021 Item T To approve an Addendum to Recording Secretary Service Agreement for Transcription Services in 2022. Item U To adopt a motion approving the 2022 City Council meeting calendar as listed in Council Letter 21-308. Month Type of Meeting Start Time April 13 Regular meeting 7:00 p.m. April 20 Workshop meeting 6:30 p.m. April 27 Regular meeting 7:00 p.m. May 11 Regular meeting 7:00 p.m. May 18 Workshop meeting 6:30 p.m. May 25 Regular meeting 7:00 p.m. June 8 Schedule consent agenda only Council meeting 6:30 p.m. June 8 Schedule council workshop 6:40 p.m. or just after consent agenda only Council meeting June 15 Workshop meeting Canceled June 29 Regular meeting 7:00 p.m. July 13 Regular meeting Canceled July 20 Workshop meeting 6:30 p.m. July 27 Regular meeting 7:00 p.m. August 10 Regular meeting 7:00 p.m. August 17 Workshop meeting 6:30 p.m. August 24 Regular meeting 7:00 p.m. September 7 Regular meeting 7:00 p.m. September 14 Budget workshop meeting 4:00 p.m. September 21 Regular meeting Canceled September 28 Schedule regular meeting 7:00 p.m. October 12 Regular meeting 7:00 p.m. October 19 Workshop meeting 6:30 p.m. October 26 Regular meeting 7:00 p.m. November 5 Council Advisory Commission Interviews 8:00 a.m. November 9 Regular meeting 7:00 p.m. November 16 Workshop meeting 6:30 p.m. November 24 Cancel regular meeting Canceled November 30 Schedule regular meeting 7:00 p.m. December 14 Regular meeting 7:00 p.m. December 21 Workshop meeting Canceled December 28 Regular meeting Canceled Item V To adopt a motion designating the St. Paul Pioneer Press as the City’s official newspaper for the year 2022 effective January 1, 2022. Item W To adopt a motion appointing the persons, as listed within Council Letter 21-310, to City Advisory Commissions as well as appointment of Chairpersons and Vice Chair Persons (Chair and Vice Chair appointments are for one year) to each Advisory Commission, effective January 1, 2022. Staff further recommends that Council approve the 2022 Council liaison and staff assignments as listed within Council Letter 21-310. List of Commission Appointments Commission Term Expires Planning Shannon Olsen – Chair John Jarrett – Vice Chair David Hoelzel – New three-year appointment 12-31-24 Sathyamohan Gavvagi – New three-year appointment 12-31-24 Stephanie Haacke – New three-year appointment 12-31-24 Sahithi Polavarapu – Student one year appointment 12-31-22 Hunter Hakkila – Student one year appointment 12-31-22 Audit and Investment Blake Darsow – Chair John Lehman – Vice Chair Annmarie Weiser – New three-year appointment 12-31-24 Frank Gilbertson – New three-year appointment 12-31-24 Alec Sonsteby – New three-year appointment 12-31-24 Cody Groth – New three-year appointment 12-31-24 Page 5 of 16  City Council Meeting Minutes Wednesday, Dec 8, 2021 Parks and Natural Resources Greta Bjerkness – Chair Arin Kurttila – Vice Chair Timothy Brewington II – Reappointment three year 12-31-24 Deborah Musser – Reappointment three year 12-31-24 Wallace Wadd – New three-year appointment 12-31-24 Brandon Mersch – Student one year appointment 12-31-22 Emerson Siefken – Student one year appointment 12-31-22 Economic Development Craig Johnson – Reappointment three year and Chair 12-31-24 Kimberly Moore – Vice Chair Pam Morke – Reappointment two-year term 12-31-23 Bill Routt – Reappointment three-year term 12-31-24 Jenny DeMaria – New appointment three-year term 12-31-24 Ruth Godfrey – New appointment three-year term 12-31-24 South Washington Watershed Brian Johnson – Reappointment 12-31-24 Item X To adopt a motion to amend the Tobacco Sales license to reflect the assumed name change of Maze Enterprises, Inc. dba Woodbury Shell to Maze Enterprises, Inc. dba Woodbury BP. Item Y To adopt the following ordinance Ordinance 2012 Ordinance of the City of Woodbury, Washington County, Minnesota, providing that the City Code be amended amending Chapter 2, Administration, Article II City Council, Section 2-22 Meetings- Generally. Item Z To adopt the following resolution Resolution 21-258 Resolution of the City of Woodbury, Washington County, Minnesota creating the position of Environmental Resources Technician, placing the position in Grade 4 of the Woodbury Classification Plan and appointing Heidi Quinn to the position of Environmental Resources Technician effective December 9, 2021. Item AA To adopt the following resolution Resolution 21-259 Resolution of the City of Woodbury, Washington County, Minnesota appointing Luke Beaudoin, Andrew Atwater, Zachary Haugen and Spencer Gease to the position of Firefighter effective January 1, 2022. Item AB To adopt the following resolution Resolution 21-260 Resolution of the City of Woodbury, Washington County, Minnesota amending Council Directive CD- ADMIN-1.3 Health Care Savings Plan Policy. Item AC 2022 Classification and Compensation Plan for Unrepresented Employees. This item was pulled from the Consent Agenda and moved to discussion. Item AD To adopt the following resolution Resolution 21-261 Resolution of the City of Woodbury, Washington County, Minnesota authorizing approving the Settlement Agreement with Savanna Oaks Coach Homes Association, Inc. for a utility overpayment. Item AE To adopt a motion approving the proposed 2022 Woodbury Legislative Program. This item was pulled from the Consent Agenda and moved to discussion. Item AF To adopt a motion to approve the abstract of bills includes payments made from the operating or project budgets for expenses of the city. The expenditures are from all funds of the city. Any purchased contracts requiring signature of the mayor and City Administrator is hereby approved. Staff recommends approval of the abstract of bills for November 12, 2021 in the amount of $2,968,750.60 and November 24, 2021 in the amount of $348,866.53. Councilmember Date moved, seconded by Councilmember Morris, to approve Consent Agenda items 7A-7AF, with the exception of 7J, 7O, 7AC and 7AE. Page 6 of 16  City Council Meeting Minutes Wednesday, Dec 8, 2021 Voting via voice: Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Public Hearings A. Donovan Ventures, LLC dba Cilantro Restaurant, 10150 Hudson Road, Suite 122; On Sale Intoxicating Liquor License including Sunday and Patio Sales Mayor Burt declared the public hearing open. City Clerk Kim Blaeser reviewed a request for an on-sale intoxicating liquor license including Sunday and patio sales from Donovan Ventures, LLC dba Cilantro Restaurant to be located at 10150 Hudson Road, Suite 122. Ms. Blaeser stated City staff recommends approval of the on-sale intoxicating liquor license for Cilantro Restaurant. Mayor Burt moved, seconded by Councilmember Morris, to close the public hearing. Voting in Favor: Wilson, Date, Morris, Santini, Burt Absent: None Councilmember Date moved, seconded by Councilmember Santini, to approve an On Sale Intoxicating Liquor License including Sunday and Patio Sales to Donovan Ventures, LLC dba Cilantro Restaurant located at 10150 Hudson Road, Suite 122. Voting via voice: Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye B. Copper Hills; Rezoning; Planned Unit Development; Conditional Use Permit; Preliminary Plat and Site and Building Plan; Project No. 33-2021- 00455 Mayor Burt declared the public hearing open. Community Development Director Janelle Schmitz reviewed a request for rezoning, Planned Unit Development, Conditional Use Permit, Preliminary Plat and Site and Building Plan approval for the Copper Hills development (Case No. 33-2021-00455). The property is currently zoned R-1, and is located on south side of Dale Road, east of Radio Drive. The applicant is requesting that the property be rezoned to R-4. The property is guided as low density on the Comprehensive Land Use Plan and is included in Phase 2-C which was recently opened for development. Ms. Schmitz stated the developer is proposing 112 single family units and 70 multi-family units on 71.22 acres. The property is guided by the South of Dale Master Plan, which guides development decisions in this area related to infrastructure needs. The development closely follows the Master Plan and is consistent with the goal of delivery of both single family and multi-family housing options. Ms. Schmitz stated the developer is requesting a PUD with a reduction in lot width for single family units from 80 feet wide to 65 feet wide, as well as front yard setback from 35 feet to 25 feet. This request is consistent with flexibility that has been allowed in other developments through the PUD process. In exchange for this flexibility, the developer will provide a trail network throughout the development and will providing grading and stormwater management for the park. Ms. Schmitz stated the proposed development would include 112 single family lots that would be a minimum of 65 feet wide and 130 feet deep, as well as 70 multi-family townhome units. The townhomes would have 2-car garages and adequate parking space in the driveway for two more cars. Guest parking is planned throughout the townhome development, along the drives and at their terminus. Ms. Schmitz stated the developer is proposing five access points to the development including two entrances off Dale Road to the north that line up with existing streets. A future access point is planned from Radio Drive as well as a new Minnesota State Aid (MSA) Page 7 of 16  City Council Meeting Minutes Wednesday, Dec 8, 2021 roadway through the development. The connection to Radio Drive will likely not occur until the Radio Drive Improvement Project is completed. Ms. Schmitz stated the developer has identified space for 2.6-acre park in the development’s southwest corner to create a gateway feature, as well as a trail and sidewalk network within the development. These features are consistent with guidance from the South of Dale Master Plan as well as the City’s pedestrian and bike plan. Stormwater management is guided by the Master Plan, with the multiple basins on the site. Ms. Schmitz stated the applicant is proposing an on-site reuse system for a portion of the single-family homes in the development. The reuse system meets all stormwater requirements, and is an exciting proposal, as this will be the first single-family development to utilize a reuse system. Mayor Burt asked whether irrigation systems will pull from the reuse system. Ms. Schmitz confirmed this, adding there will be a back- up system in place to pull from City water if necessary. She added the proposed reuse system would provide a benefit to the City in terms of groundwater conservation. Planning Commissioner John Jarrett stated the Planning Commission felt that this was a beautiful development. He added a neighborhood meeting was held July 15, 2021, and 11 neighbors attended, expressing concerns about traffic and construction on Dale Road as well as trail connections. He noted the proposed reuse of water is very exciting. Mayor Burt moved, seconded by Councilmember Morris, to close the public hearing. Voting in Favor: Wilson, Date, Morris, Santini, Burt Absent: None Councilmember Date stated she is excited about the proposal for reuse of water. She asked how that will work for the residents, and whether a separate association will be required. Reid Schulz, D.R. Horton, 20860 Kenbridge Court, Lakeville, expressed his thanks to City Staff for their hard work on this application. He added that his company is currently reviewing ways to maintain the reuse system, by means of an HOA or covenants in the neighborhood. He noted it would be maintained to ensure the system is functional for the residents. Councilmember Date asked whether residents will be charged the same rate for water as other City residents. Ms. Schmitz stated residents would only pay if they used water from the City’s system. Mayor Burt asked whether residents would have the option choose whether they want the reuse system. Ms. Schmitz stated they would be required to participate as it is part of the stormwater management plan. She added calculations are quantified to ensure that the pond is sized adequately to serve the residential area identified, as well as to meet stormwater requirements of the City and Watershed District. She noted the secondary source being the City water, would be available when water levels are below a certain level. Councilmember Morris asked whether this should be memorialized to ensure that plans are carried through. He asked how the system will be maintained. Ms. Schmitz stated these types of details will be included in the operations and maintenance agreement. Councilmember Morris stated he thinks it is a fantastic plan, but it is the City Council’s first time reviewing this kind of plan in a residential area. He stressed the importance of protecting the City. Mayor Burt asked whether a reuse plan has been done for townhomes. Engineering Director Chris Hartzell stated this has been done for businesses near Hargis Parkway. He added he believes the reuse plan would be recorded on the homes’ property titles, as stormwater maintenance is a City requirement. Mr. Hartzell stated stormwater management would not be the City’s responsibility as the pond will be located on private property, but there would be an operations and maintenance agreement. Mr. Schulz stated D.R. Horton has completed many water reuse programs, working out partnerships for maintenance and ensuring that systems are maintained for the long term. He added D.R. Horton will work with City Staff to determine the most appropriate way to maintain the irrigation pond. He reiterated all details can be worked out with City Staff. Councilmember Wilson asked how they will address odor that sometimes come from stagnant water in ponds. Mr. Schulz stated the new location of the reuse pond, in the northeast corner of the development, will provide for more volume of water, which will encourage circulation. He added water filters can also be added if necessary. Page 8 of 16  City Council Meeting Minutes Wednesday, Dec 8, 2021 Councilmember Wilson asked where the system will cross the road. Mr. Schulz stated the systems work with a pump and distribution system to the network of homes, with a separate line into the irrigation system. Mayor Burt stated she likes the idea. She asked what are the benefits of the reuse system. Mr. Hartzell stated the City must meet runoff and volume reduction requirements, so the reuse system is a benefit to the City as it recharges the groundwater aquifer. He added this evening’s agenda item is a preliminary plat, and many of the details mentioned by the City Council will be addressed and reviewed by the City Staff before the final plat. Mayor Burt asked what other options are available if the reuse system is not pursued. Mr. Hartzell stated more ponding and more infiltration will be required to reduce volume. Mayor Burt expressed concern, moving forward, about who will be responsible for ownership and maintenance of the system. Councilmember Morris stated he would like to add a new condition to the approval related to a plan for long term maintenance and management of the reuse system. Mr. Hartzell stated this is similar to what is required for other projects. He added this can be added to the conditions. Planning Commissioner Jarrett stated there Condition #17 includes a 3-year maintenance requirement for the seeding and establishment of native areas in the stormwater ponding areas. He added the Planning Commission had similar questions and that there have been other examples of reuse systems installed in Woodbury since he joined the Planning Commission. Councilmember Date stated she would like to reiterate the excitement over this development and the reuse system, which is a great opportunity. She added she sees great opportunities for the future, and this new system could be a model for other developments. She noted she does not feel the additional condition is necessary, but she will support the wishes of the City Council. Mayor Burt asked whether there would be adequate parking in the townhouses portion of the development. Ms. Schmitz stated there are several guest parking areas, and parking is also available at the end of the private streets that serve the buildings. Councilmember Wilson asked whether the entrance off Radio Drive will be a full access intersection into the development. Ms. Schmitz confirmed that this was her understanding. Councilmember Wilson stated that is concerning. She added there are no other full access streets onto Radio Drive right now, except at Ashford. She asked whether the intersection at Dale Road will be controlled in the future with either a traffic circle or a stoplight. Ms. Schmitz stated Bailey Lake Road has a full access onto Radio Drive, just to the north of Dale Road, and that there are other full access points in accordance with the County’s spacing requirements. Councilmember Santini stated City Staff had mentioned that the County is assessing the intersection of Radio and Dale. She added a resident who attended the Planning Commission meeting expressed concern about traffic on Dale Road. Mr. Jarrett confirmed that there was some discussion at the Planning Commission meeting that the County is looking at traffic control options for this intersection. Mayor Burt stated Radio Drive reconstruction is not up for discussion right now. Councilmember Wilson stated it should be discussed if there will be full access to Radio Drive for residents of the proposed development. Mr. Hartzell stated the Radio Drive road improvement project is the County’s latest CIP, with the design study being slated for 2024 to 2025. Councilmember Wilson asked whether there will be enough parking for the park. Ms. Schmitz stated the park is envisioned to be a small neighborhood park. She added the Parks & Recreation Department will be responsible for the park design. Councilmember Morris expressed concern that the preliminary plat shows a baseball diamond in the park, which should not be included because then it is documented on the plat and becomes an expectation for future residents. He asked whether proposed park amenities and conceptual parking will be reviewed before the final plat review. Ms. Okada confirmed this. She added the initial concept for parking is bump-ins on both sides of the park, and she is unsure whether a ballfield is in the plans. She noted City Staff hopes to have a park concept soon if this item is approved tonight. Ms. Okada stated she agrees that the visual amenities in the park should be not be included in the preliminary plat. She noted City Staff intends to balance park amenities throughout the South of Dale Master Plan area. Page 9 of 16  City Council Meeting Minutes Wednesday, Dec 8, 2021 Councilmember Date stated it appears that bump-in parking spaces near the park will be more than adequate. Ms. Schmitz stated City Staff will continue to work on the concept for the park and be prepared to include this information with final plat. Councilmember Wilson asked whether there will be a cut-through trail access to the park. Ms. Schmitz stated no cut-through access is proposed, as there is good pedestrian circulation within the development. Councilmember Wilson requested clarification regarding the lot closest to the roundabout on the south end of the development. She asked whether that property’s driveway will enter into the roundabout. Ms. Schmitz stated that property’s driveway would be on the north side of the property on the other side of the median which is proposed at that location. Councilmember Wilson stated D.R. Horton is a great builder. She added she is concerned about homes on the far edges of the development having access to the park. She noted the City supports parks and trails and connectivity, and there should be a better connection to the park to provide kid-friendly access through the neighborhood. Councilmember Wilson stated she is concerned about the lot right by the roundabout, as well as parking for the townhomes. Councilmember Morris noted the townhomes will have two car garages and space in the driveways for two more cars. He added parking is a valid concern, but in this case, there will be sufficient off-street parking. He noted this is the preliminary plat, and the City Council will review the final plat. Councilmember Wilson stated she is concerned that, if the preliminary plat is approved, it will go forward the way it is currently drawn. Ms. Schmitz stated the preliminary plat addresses density, layout of streets and lots, as well as other major components, which provides a basis for the final plat. She noted that the preliminary plat allows the developer to proceed with grading work, consistent with the layout of the preliminary plat. Councilmember Morris asked whether the proposed driveway location and its proximity to the intersection meets engineering standards. Ms. Schmitz confirmed this. Councilmember Wilson asked how the start of the intersection is determined since it is a roundabout. Mr. Schulz stated the developer will work with the City Staff on details discussed tonight. He added they hope to keep the process moving forward and address these issues through conditions of approval rather than table this item. Councilmember Date stated she does not feel this item should be tabled as there is enough direction to move forward. She added she is not in favor of adding more parking to the townhomes, as this would add impervious surface. She noted she agrees that park access is important, but this will not be the only park in the neighborhood, and there are sidewalks on every street so all residents can walk from every home to the park. Councilmember Santini stated there are more locations in the city where driveways are close to intersections than they realize, but this probably seems different because it is one of the first times we’ve seen a driveway so close to a traffic circle. Councilmember Date moved, seconded by Councilmember Morris, To adopt the following Ordinance Ordinance 2013 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 – no Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Councilmember Date moved, seconded by Councilmember Santini, To adopt the following resolution Resolution 21-262 Page 10 of 16  City Council Meeting Minutes Wednesday, Dec 8, 2021 Resolution of the City of Woodbury, Washington County, Minnesota approving the Conditional Use Permit (CUP) and adopting findings of fact. Mayor Burt stated she agrees with Councilmember Wilson that people will find a way to cut through the yards to get to the park. She added it would be beneficial to add a direct access to the park. Councilmember Morris agreed. Councilmember Morris stated he would like to modify the motion to include a condition regarding park access and also add a condition regarding maintenance and management of the proposed stormwater reuse system as they had previously discussed. Councilmember Date agreed and requested that the motion be modified to reflect the added conditions. Councilmember Morris moved, and seconded by Councilmember Santini, To amend the motion adopting Resolution 21-262 approving the CUP to add the following conditions: Condition 21: Prior to the issuance of the Land Disturbance Permit, staff shall review and approve the HOA documents to ensure long term maintenance and management of all stormwater reuse systems. The required Operations and Maintenance Agreement shall also memorialize these obligations. Condition 22: Prior to approval of the Final Plat, additional pedestrian access shall be designed which provides access to the northeast portion of the park. Voting via voice: Kim Wilson – nay Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Councilmember Date moved, To adopt a motion approving the Copper Hills Planned Unit Development (PUD), Preliminary Plat and Site and Building Plan, Project No. 33-2021-00455, all subject to the conditions as outlined in Council Letter 21-320. There was no second to the motion, and the Council discussed adding Conditions 21 and 22 to the approval of the PUD, Preliminary Plat and Site and Building Plan. Ms. Schmitz recommended that the added conditions be included in the motion to be consistent with the just approved CUP. Councilmember Date agreed. Councilmember Morris moved, seconded by Councilmember Santini, To amend the above motion to include Conditions 21 and 22 as previously added to the Resolution approving the CUP. Voting via voice: Kim Wilson – nay Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Discussion A. Consent Agenda Item J. Stop Sign Installation: Intersection of Plymouth Road and Bailey Lake Drive Page 11 of 16  City Council Meeting Minutes Wednesday, Dec 8, 2021 Councilmember Morris stated he pulled this item from the Consent Agenda as there has been concern in the neighborhood about the Traffic Control Committee’s decision to add a two-way stop at the intersection due to traffic volume. He added there is a high rate of speed and adding a stop sign will make the speeding issue worse. He noted he wants traffic control there, but he believes it is on the wrong sides. Chris Hartzell stated City Staff have been monitoring that intersection since 2019, including 11 site visits. He added stop signs are not an effective speed control measure as generally there is 20% noncompliance. He noted there is a lot of high school cut through traffic, and the signal should be programmed with school hours. He noted a temporary dynamic speed limit sign as well as enforcement are recommended. Councilmember Santini stated a four-way stop would make access less convenient and drivers would find another route. Councilmember Date stated she is not in favor of more stop signs, as that will not solve the issue. She added she supports the recommendations of the City’s Engineers, as she follows their judgment and trusts their advice. Councilmember Wilson asked what the stop signs are going in for. Mr. Hartzell stated the intent is to provide vehicle management at the intersection. Councilmember Wilson stated it does not meet traffic control criteria. Mr. Hartzell stated it is very close to criteria. Councilmember Morris stated he would support the Engineer’s recommendations. Chair Burt requested clarification regarding a device in the budget. Mr. Hartzell stated the City has budgeted for 6 temporary dynamic speed display signs, to be rotated around throughout the City and create speed awareness. Councilmember Date asked why this administrative issue is being addressed by the City Council. Mr. Gridley stated new stop signs must be reviewed by the City Council by Ordinance. Councilmember Date stated this item could be tabled. Councilmember Wilson agreed. Councilmember Morris stated tabling the issue does not solve the problem. Councilmember Wilson stated she respects engineers, but sometimes the situation looks different when you are living it or doing it every day. She added she did not know there was a Traffic Control Committee. Mr. Gridley stated a two-way stop could be installed and monitored, and the other 2 sides could get a stop sign if necessary. He added it can be done on an incremental basis. Mr. Hartzell stated, to answer Councilmember Wilson’s question, the Traffic Control Committee is an advisory group made up of staff from Engineering, Public Works and Public Safety to provide guidance on traffic issues. Councilmember Date moved, seconded by Councilmember Morris, To adopt the following resolution Resolution 21-263 Resolution of the City of Woodbury, Washington County, Minnesota authorizing the installation of a two-way stop- controlled intersection with stop signs located on northbound and southbound Bailey Lake Drive at Plymouth Road. Voting via voice: Kim Wilson – nay Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye B. Consent Agenda Item O. Annual Update to the Fee Schedule Councilmember Wilson stated she pulled this item as she intends to vote differently. Councilmember Santini moved, seconded by Councilmember Date, To adopt the following ordinance Ordinance 2011 Page 12 of 16  City Council Meeting Minutes Wednesday, Dec 8, 2021 Ordinance of the City of Woodbury, Washington County, Minnesota providing that the City Code be amended by amending Sections 2-3, Fees for Various Services of Article I of Chapter 2, Administration. Voting via voice: Kim Wilson – nay Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Councilmember Santini moved, seconded by Councilmember Morris, to authorize staff to publish the Summary of the Fee Ordinance in the City’s designated official newspaper, the St. Paul Pioneer Press. Voting in Favor: Wilson, Date, Morris, Santini, Burt Absent: None C. Consent Agenda Item AC. 2022 Classification and Compensation Plan for Unrepresented Employees Councilmember Wilson stated she pulled this item as she intends to vote differently. Councilmember Santini moved, seconded by Councilmember Date, To adopt the following resolution Resolution 21-264 Resolution of the City of Woodbury, Washington County, Minnesota establishing the 2022 Classification and Compensation Plan for Unrepresented Employees. Voting via voice: Kim Wilson – nay Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye D. Consent Agenda Item AE. 2022 Legislative Initiatives Councilmember Wilson stated she pulled this item as she intends to vote differently. Councilmember Santini moved, seconded by Councilmember Date, To adopt a motion approving the 2022 Legislative Program. Voting in Favor: Date, Morris, Santini, Burt Voting Against: Wilson Absent: None E. Central Park Remodel Project Funding Agreement with Washington County Parks & Recreation Director Michelle Okada reviewed the Central Park Project agreement, for which City Staff is seeking City Council consideration of approval of a funding agreement with Washington County; and approval of design services, a pre-construction management contract and budget amendment for services through schematic design. Ms. Okada reviewed project history, and action steps taken in 2021, including finalizing the scope and concept options and preparing Requests for Proposals (RFPs) for distribution. City Staff worked closely with legal advisors regarding specific contracts already in place and how to move the project forward. Ms. Okada stated City Staff is seeking concurrent approval of contracts and a funding agreement by Library Park Association, the County Board And City Council. She added further evaluation will be necessary as future phases are brought forward. Ms. Okada stated tonight’s approval would direct City Staff to authorize consulting services and agreements with regard to schematic design, pre-construction services, contingency and owner costs. She added City costs are based on current project cost estimates. Page 13 of 16  City Council Meeting Minutes Wednesday, Dec 8, 2021 Councilmember Morris asked whether this constitutes other funding opportunities. Ms. Okada stated, if the contracts are approved, the City will be able to sign contracts and adjust the timeline. Ms. Okada stated City Staff recommends City Council approval of the funding agreement, design services and pre-construction management contract, and budget amendment for those services through the schematic design. Councilmember Date stated she likes the insert as it is very helpful, and she is excited to see something different. Councilmember Wilson asked whether the bonding bill is $15 million. Ms. Okada confirmed this, adding State bonding is generally a matching fund. Councilmember Wilson asked whether there is a budget for this project. Ms. Okada stated Option A is based on necessary requirements, and Option B is additional items. Councilmember Morris moved, seconded by Councilmember Date, To adopt the following resolution Resolution 21-265 Resolution of the City of Woodbury, Washington County, Minnesota approving the Central Park Funding Agreement with Washington County for cost sharing related to professional services and owner costs related to the Central Park remodel project and authorizing the Mayor and City Administrator to sign said agreement. Discussion during the motion: Councilmember Wilson stated she is hesitant to support this as she has a problem with sending things out for bid when there is no budget in place. Mr. Gridley stated, as outlined by Ms. Okada, this agreement will determine the scope of services and costs. He added there is not enough information yet to set a budget. Councilmember Wilson stated the City could determine an amount with which it is comfortable to move the project forward. Mr. Gridley stated this step is necessary to get an idea of costs and funding proposals. Councilmember Morris stated this is a philosophical difference of approach. Councilmember Wilson agreed, adding this will be a levy. Mr. Gridley stated that is not known at this point. Councilmember Santini asked for clarification regarding sales tax for materials. Mr. Gridley stated that is a legislative item that will need to be resolved. Voting via voice: Kim Wilson – nay Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye F. Central Park Improvements Project; Professional Design and Preconstruction Consulting Services; Consultant Selection; Amend 2021 Budget Councilmember Morris moved, seconded by Councilmember Date, To adopt the following resolution Resolution 21-266 Resolution of the City of Woodbury, Washington County, Minnesota authorizing the Mayor and City Administrator to execute a professional design and pre-construction consulting services agreement with HGA and Kraus-Anderson, for professional design and pre-construction services for the Central Park Improvements project and amending the 2021 Adopted Community Investment Fund budget. Voting via voice: Page 14 of 16  City Council Meeting Minutes Wednesday, Dec 8, 2021 Kim Wilson – nay Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye G. Approval of CD-ADMIN-1.1 Authorizations and Procedures for Personnel Management Mr. Gridley reviewed three municipal constitutional constructs that are currently used in the State of Minnesota: Standard Plan (weak Mayor/Council); Plan B (Council/Manager); and Home Rule Charter. He added the City of Woodbury currently operates under the Standard Plan, and the City Council approves all personnel action, which reduces responsiveness and is increasingly burdensome and inefficient. Mr. Gridley stated a fourth option that is currently recommended by City Staff is the designation of specified personnel authority be given to the City Administrator per policy. He added the City Administrator would have general control and supervision of all employees; appointment of all employees’ performance pay increases; salary freezes or decreases; and extension for employee probation periods. He noted the City Administrator would not terminate regular employees; appoint department heads; or create position classifications or positions. Mr. Gridley stated City Staff recommends City Council adoption of Resolution 21-239 renaming and amending Council directive CD- ADMIN-1.1 Classification and Compensation plan Policy. Councilmember Santini asked, under Section 3, why the Exclusion of Delegated Authority does not include termination. Mr. Gridley stated that could be added in, and its omission was not intentional. Councilmember Morris requested the following amendment to the Resolution: the addition of “Termination” under Exclusions”. Councilmember Morris moved, seconded by Councilmember Santini, To adopt the following resolution Resolution 21-267 Resolution of the City of Woodbury, Washington County, Minnesota renaming and amending Council Directive CD-ADMIN-1.1 Classification and Compensation Plan Policy to CD-ADMIN-1.1 Authorizations and Procedures for Personnel Management, as amended. 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. Staff Reports Mr. Gridley stated 2021 has been a big year for development in Woodbury. He added the last meeting of the year will be the EDC on December 14, 2021 at 8:00 a.m. in Ash North and South Conference Rooms. He thanked the City Council for their support throughout the past year. He noted he is proud to work for this special community, the citizens are fantastic, and City Staff are fabulous, and they make him proud every day to be a part of this community. Mayor Burt expressed her appreciation to the City’s Commissioners, who help support the work of the City Council. Page 15 of 16  City Council Meeting Minutes Wednesday, Dec 8, 2021 Adjournment Mayor Burt moved, seconded by Councilmember Morris, to adjourn the meeting at 11:00 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 January 12, 2022 Page 16 of 16