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City Council

Regular Meeting

Woodbury, MN · March 23, 2022

AgendaMinutes

Minutes

Minutes Woodbury City Council Wednesday, March 23, 2022 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 23rd day of March 2022. Call to Order Mayor Anne Burt called the meeting to order at 6:30 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, Steve Morris, Jennifer Santini and Andrea Date. Others Present: Angela Gorall, Assistant City Administrator and Clinton Gridley, City Administrator. Special Order of Business No Items Scheduled 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. Jay Tophooven, 7687 Afton Court, Resident spoke in concern of the culvert between Bielenberg and Tower Drive, culvert faces his property (on south side of Valley Creek Road). Noted considerable trash and garbage he collects in the area that is more visible now with the snow gone. Has previously disposed of items himself, however now it is a considerable amount and his homeowners association can charge him for a higher amount than allowed. He had called the City previously and asked about any volunteer program, which he was told there was none. Council further discussed with the resident the location and details and thanked him for his efforts to keep the City clean. Public Works Director Hurliman was present and noted that he can be contacted following the meeting and trash collected can be picked up by the Public Works Department for disposal. Council also noted some other options from volunteer groups that may be applicable for the issue. Consent Agenda All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion and an affirmative vote by roll call of a majority of the members present. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event, the items will be removed from the consent agenda and considered a separate subject of discussion by the Council. Councilmember Wilson requested to pull Consent Agenda Item 5A. Item A Municipal Support for Washington County’s 2022 Regional Solicitation Application for Parking Structure at METRO Gold Line’s I-494 Park and Ride Station. This item was removed from the consent agenda and moved to the discussion portion of the meeting. City Council Meeting Minutes Wednesday, March 23, 2022 Item B To adopt the following resolution Resolution 22-58 Resolution of the City of Woodbury, Washington County, Minnesota authorizing the extension of the SoWashCo CARES CDBG-CV Written Agreement to August 31, 2022 Item C To adopt the following resolution Resolution 22-59 Resolution of the City of Woodbury, Washington County, Minnesota authorizing applications to the South Washington Watershed District’s Coordinated Capital Improvement Program Grant Solicitation Item D To adopt a motion canceling the April 20, 2022 City Council Workshop Meeting. Item E To adopt the following resolution Resolution 22-60 Resolution of the City of Woodbury, Washington County, Minnesota supporting Housing and Local Decision making authority Item F To adopt the following resolution Resolution 22-61 Resolution of the City of Woodbury, Washington County, Minnesota, canceling the Off Sale Intoxicating Liquor License and Tobacco Sales Licensed issued to T&Y CAW, LLC dba Short Stop Wine & Spirits, effective immediately and renewing the Off Sale Intoxicating Liquor License and Tobacco Sales License to K&B Liquor, Inc. dba Short Stop Wine & Spirits, effective April 1, 2022 Item G The abstract of bills includes the 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 March 11, 2022 in the amount of $1,115,113.22. Councilmember Date moved, seconded by Councilmember Morris, to approve Consent Agenda Items B through G, excluding Item A. Voting via voice: Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Public Hearings – No items scheduled Discussion Item moved from the Consent Agenda: Item 5A Municipal Support for Washington County’s 2022 Regional Solicitation Application for Parking Structure at METRO Gold Line’s I-494 Park and Ride Station Councilmember Wilson noted the item in question and will be voting differently. Mr. Gridley noted that this item is in support of the County in this effort, it is not a City effort and it is in the City’s interest financially and in support of the relationship the City has with the County. Councilmember Wilson noted that she is not in support of the Gold Line project and has many concerns with the project including, but not limited to, cost, location and prioritization over other projects and noted the burden being placed on residents. She further noted we are not doing a service to the residents of Woodbury, but also noted support of bus service in the City via current means. Councilmember Wilson noted additional concerns with the bus system in comparison to the proposed project. Page 2 of 3 City Council Meeting Minutes Wednesday, March 23, 2022 Councilmember Date moved, seconded by Councilmember Morris, To adopt the following resolution Resolution 22-62 Resolution of the City of Woodbury, Washington County, Minnesota authorizing municipal support for Washington County’s 2022 Solicitation of Federal funds through the Metropolitan Council’s Regional Solicitation Program for a parking structure at the MERO gold Line I-494 Park and Ride Station Voting via voice: Kim Wilson – nay Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt City Administrator’s Report Mr. Gridley reviewed upcoming meetings: Preliminary Public Hearings Scheduled for April 13, 2022: 1. Amira Woodbury, Comprehensive Plan Amendment, Rezoning, Planned Unit Development, Conditional Use Permit, Preliminary Plat, Project No. 07-2021-00477 2. Adoption of Special Assessments for the Lake Road and Pioneer Drive Intersection Improvements Project Other Meetings: 1. Economic Development Commission, March 29, 7:30 a.m., Ash North and South Conference Rooms 2. Special Joint Meeting with Cottage Grove, March 30, 6:30 p.m., HERO Center, Cottage Grove 3. Parks and Natural Resources Commission, April 5, 7 p.m., Ash North and South Conference Rooms Housing and Redevelopment Authority Meeting, April 13, 7 p.m., Council Chambers Adjourn to Council Workshop Meeting Mayor Burt moved, seconded by Councilmember Date, to adjourn the City Council meeting at 6:46 p.m. to the Council Workshop meeting. Voting via voice: Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Respectfully submitted, ________________________________________ Kimberlee K. Blaeser, City Clerk Approved by the Woodbury City Council on April 13, 2022 Page 3 of 3

Agenda

City Council Agenda March 23, 2022 | 6:30 PM This City Council meeting is taking place virtually and at the Woodbury City Hall in the Ash North and Ash South Conference Rooms. Members of the public may attend the meeting in person and may also join the meeting using a PC, Mac, iPad, iPhone, or Android device. Watch the Live Meeting 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. at 651-714-3524 or at council@woodburymn.gov. Questions received after 4:30 p.m. will be responded to in the next three to seven business days. Please note that all agenda times are estimates. 1. Call to Order 2. Pledge to Flag 3. Roll Call 4. Open Forum - 6:32 p.m. 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 and give the sign-up sheet to any staff person, or may also submit a question or comment virtually via the Q&A chat feature on the right side of the live event screen. Please provide your name and address with your question for the official record. 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. 5. Consent Agenda - 6:35 p.m. 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 Council Member 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. Woodbury City Council Agenda March 23, 2022 | 6:30 PM 5A. Municipal Support for Washington County’s 2022 Regional Solicitation 22-84 Application for Parking Structure at METRO Gold Line’s I-494 Park and Ride Station Staff recommends Council adopt RESOLUTION 22-58, a resolution authorizing municipal support for Washington County’s 2022 Solicitation of Federal Funds through the Metropolitan Council’s Regional Solicitation Program for a parking structure at the METRO Gold Line I-494 Park and Ride Station. 5B. Extension of SoWashCo CARES CDBG-CV Written Agreement 22-85 Staff recommends Council adopt RESOLUTION 22-59, a resolution authorizing the extension of the SoWashCo CARES CDBG-CV Written Agreement to August 31, 2022. 5C. Application to South Washington Watershed District’s Coordinated Capital 22-86 Improvement Program Grant Solicitation Staff recommends Council adopt RESOLUTION 22-60, a resolution authorizing applications to the South Washington Watershed District’s Coordinated Capital Improvement Program Grant Solicitation. 5D. Approval to Cancel April 20, 2022 City Council Workshop Meeting 22-87 Staff recommends Council approval to cancel the April 20, 2022 City Council workshop meeting. 5E. Resolution of Supporting Housing and Local Decision Making Authority 22-88 Staff recommends Council adopt RESOLUTION 22-61, a resolution supporting Housing and Local Decision making authority. 5F. Approval to Cancel T&Y CAW, LLC dba Short Stop Wine & Spirits; 2190 22-89 Eagle Creek Lane #F; Off Sale Intoxicating Liquor License and Tobacco Sales License and Approval to Renew K&B Liquor, Inc. dba Short Stop Wine & Spirits; 2190 Eagle Creek Lane #F; Off Sale Intoxicating Liquor License and Tobacco Sales License Staff recommends Council adopt RESOLUTION 22-62, a resolution canceling the Off Sale Intoxicating Liquor License and Tobacco Sales License issued to T&Y CAW, LLC dba Short Stop Wine & Spirits, effective immediately and renewing the Off Sale Intoxicating Liquor License and Tobacco Sales License to K&B Liquor, Inc. dba Short Stop Wine & Spirits, effective April 1, 2022. Woodbury City Council Agenda March 23, 2022 | 6:30 PM 5G. Abstract of Bills 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 are hereby approved. Staff recommends approval of the abstract of bills for March 11, 2022 in the amount of $1,115,113.22. 6. Staff Reports - 6:37 p.m. 6A. City Administrator's Report 7. Adjournment - 6:40 p.m. The City of Woodbury is subject to Title II of the Americans with Disabilities Act which prohibits discrimination on the basis of disability by public entities. The City is committed to full implementation of the Act to our services, programs, and activities. Information regarding the provision of the Americans with Disabilities Act is available from the City Administrator's office at 651-714-3523. Auxiliary aids for disabled persons are available upon request at least 72 hours in advance of an event. Please call the ADA Coordinator, Clinton P. Gridley at 651-714-3523 (TDD 714-3568) to make arrangements. 5A City of Woodbury, Minnesota Office of the City Administrator Council Letter 22-84 March 23, 2022 To: The Honorable Mayor and Members of the City Council From: Clinton P. Gridley, City Administrator Subject: Municipal Support for Washington County’s 2022 Regional Solicitation Application for Parking Structure at METRO Gold Line’s I-494 Park and Ride Station Summary The Metropolitan Council’s Regional Solicitation is a competitive process where federal funds are allocated to local governments, state agencies, and transit providers to fund regional transportation needs. Washington County will be applying for funds to construct a parking structure at the METRO Gold Line’s I-494 Park and Ride Station. This improvement will provide an important opportunity to add needed structured parking for METRO Gold Line Bus Rapid Transit (BRT) riders at this constrained station site. Letters or resolutions of support from impacted agencies are recommended as part of the application process for the regional solicitation funds to reduce the occurrence of agency opposition as projects are awarded grant funds. The proposed parking structure is consistent with the City’s 2040 Comprehensive Plan goals to implement the METRO Gold Line. Recommendation Staff recommends Council adopt a resolution authorizing municipal support for Washington County’s 2022 Solicitation of Federal Funds through the Metropolitan Council’s Regional Solicitation Program for a parking structure at the METRO Gold Line I-494 Park and Ride Station. Fiscal Implications Regional Solicitation funding requires a 20 percent local match for project funding. Washington County proposes that the 20 percent match would be made through the existing METRO Gold Line funding commitment between Ramsey and Washington Counties. Metro Transit will be responsible for the maintenance of the structure as outlined in the maintenance memorandum for the project. No financial commitment or contribution from Woodbury is identified. Council Letter 22-84 March 23, 2022 Page 2 Policy The 2040 Comprehensive Plan supports the implementation of the METRO Gold Line BRT, with three stations to be located in Woodbury. In addition, on September 30, 2020, the City Council adopted Resolution 20-171, which states that the City will continue to advocate for a parking structure at the I-494 Park and Ride to provide the best opportunity for consolidation of the express bus and BRT services, as well as transit oriented development. Public Process While there has been extensive public process for the METRO Gold Line, to date there has not been a specific public process for the parking structure at the I-494 Park and Ride Station. Parking structures are regulated through the zoning ordinance and the structure will be required to go through the entitlement process, which involves both PUD and CUP review by the Planning Commission and City Council. Background Every two years, the Regional Solicitation distributes federal transportation funds to locally initiated projects that meet regional transportation needs. The Metropolitan Council, as the region’s Metropolitan Planning Organization, works with the Transportation Advisory Board to review and allocate these funds, using an objective, data-driven, transparent process. The three federally funded programs for the solicitations are the Surface Transportation Block Grant Program, the Congestion Mitigation Air Quality program, and Highway Safety Improvement Program. Washington County submitted the I-494 Park-and-Ride application in 2020 and while it received the top score in the Transit Expansion category, a different Gold Line project was funded during that funding cycle. Due to Regional Solicitation rules about one project per transitway per funding cycle, the parking structure was not awarded funding at that time. The County then attempted to redirect the funds that were originally allocated to the Lake Elmo Park-and-Ride in 2009 (yet never spent) to the I-494 Park-and-Ride as it achieves the same purpose. However, those dollars were ultimately placed in the 2022 Regional Solicitation funding cycle, and the County is making a new request for these dollars at this time. Written By: Janelle K. Schmitz, Community Development Director Approved Through: Clinton P. Gridley, City Administrator Attachment: Resolution Resolution 22- Resolution of the City of Woodbury Washington County, Minnesota Municipal Support for Washington County’s 2022 Solicitation of Federal Funds through the Metropolitan Council’s Regional Solicitation Program for a parking structure at the METRO Gold Line I-494 Park and Ride Station WHEREAS, Washington County intends to apply for funds to construct a parking structure at the METRO Gold Line I-494 Bus Rapid Transit (BRT) Park and Ride Station; and WHEREAS, the proposed project includes the construction of a new parking structure at the METRO Gold Line BRT station near Woodlane Drive and Guider Drive; and WHEREAS, this improvement will provide an important opportunity for increased METRO Gold Line BRT rider parking at this constrained station site; and WHEREAS, these improvements are consistent with both the City’s and the County’s 2040 comprehensive plans; and WHEREAS, the City will work with County staff and the Gold Line Project Office to develop the design and plans for the park and ride parking structure with a deliberate focus on integrating the station and parking structure within a single structure; and WHEREAS, the City will work with County staff and Metro Transit to study the feasibility, impacts and alignment of the trail on the west side of Woodlane Drive, south to Valley Creek Road; and WHEREAS, a separate approval and entitlement process will be required for the parking structure before construction can begin; and WHEREAS, the required local match for the parking structure would be made through the funding commitment between Ramsey and Washington Counties, and maintenance of the parking structure would be the responsibility of Metro Transit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Woodbury, Washington County, Minnesota, that the City of Woodbury extends its support for the application by Washington County for the 2022 Solicitation of Federal Funds through the Metropolitan Council’s Regional Solicitation program for a parking structure at the METRO Gold Line I-494 Park and Ride Station. This Resolution was declared duly passed and adopted and was signed by the Mayor and attested to by the City Administrator this 23rd day of March, 2022. Attest: Anne W. Burt, Mayor Clinton P. Gridley, City Administrator (SEAL) 5B City of Woodbury, Minnesota Office of the City Administrator Council Letter 22-85 March 23, 2022 To: The Honorable Mayor and Members of the City Council From: Clinton P. Gridley, City Administrator Subject: Extension of SoWashCo CARES CDBG-CV Written Agreement Summary As part of the federal Coronavirus Aid, Relief, and Economic Security Act (CARES Act), supplemental Community Development Block Grant (CDBG) dollars known as CDBG-CV to be distributed by the US Department of Housing and Urban Development (HUD) and to be used solely to plan for and prevent the spread of COVID-19 were authorized. Woodbury received a $382,340 allocation of CDBG-CV of which a $19,000 grant was awarded to SoWashCo CARES following an open and competitive request for proposals process. The $19,000 in grant funds allocated to SoWashCo CARES are to be used to pay for mental health care needs of low- and moderate-income families living in specific Census Tract Block Groups per the attached map below, according to HUD’s “Low/Mod Area Benefit” (LMA) approach to determining income eligibility. SoWashCo CARES has not yet drawn down on the CDBG-CV funding and their written agreement expired at the end of 2021. SoWashCo CARES has requested an extension of their written agreement because they believe that there are families in need who they can assist with these funds in the coming months. Recommendation Staff recommends Council adopt the attached resolution authorizing the extension of the SoWashCo CARES CDBG-CV Written Agreement to August 31, 2022. Fiscal Implications The proposed extension of the written agreement with SoWashCo CARES does not impact the City’s budget. These funds were approved as part of 2021 Adjusted Housing and Urban Development Fund (Special Revenue fund) budget and were included as a carryover request from 2021 to 2022. For purposes of clarity, these CDBG-CV dollars created by the CARES Act are separate from the City of Woodbury’s approximately $5.3 million allocation of federal Coronavirus Relief Fund dollars, which were also created via the CARES Act. The CDBG-CV grants for public services in the community are possible because of the one-time funding allocation connected to the CARES Act. This Council Letter does not set a precedent and does not suggest that these types of public services grants will become routine or be repeated in the future. Council Letter 22-85 March 23, 2022 Page 2 Policy At the federal level, the CARES Act, PL 116-136, was signed into law on March 27, 2020. From a regulatory perspective, CDBG is governed by 24 CFR 570. There are also a wide range of cross- cutting federal laws and regulations that provide a regulatory framework for these HUD funds. The underlying CDBG laws and regulations apply to CDBG-CV except for a handful of waivers authorized by the CARES Act designed to streamline the deployment of these dollars. Additionally, while public services are an authorized CDBG expenditure, the CDBG-CV dollars created by the CARES Act require that the funds be used solely for the purpose of planning for, preparing for, and/or preventing the spread of COVID-19. At the local level, in addition to the City’s federal grants and awards compliance policy, six Council directives provide guidance regarding the operation and management of HUD funds including CD-COMDEV-3.12 through 3.16, inclusive, and CD-COMDEV-3.21. Public Process 1. March 27, 2020: CARES Act signed into law creating the CDBG-CV program; 2. June 10, 2020: City Council adopted an amendment to the 2019 Annual Action Plan authorizing CDBG-CV dollars to be invested in a range of activities including grants addressing public services needs of the community to prevent the spread of COVID-19; 3. June 23, 2020: Economic Development Commission reviewed a draft RFP regarding CDBG-CV grant dollars; 4. July 5, 2020: Notice of CDBG-CV funding availability published in the Pioneer Press; 5. August 12, 2020: City Council approved allocation of CDBG-CV grants to local non- profits, including $19,000 to SoWashCo CARES. Background The City’s amended 2019 Annual Action Plan identified the spending of the $382,340 of CDBG- CV funds allocated by HUD to the City of Woodbury in the following manner: 1. $238,000 grant award to the Washington County CDA to be used in the shape of emergency financial assistance to help low- and moderate-income homeowners in Woodbury avoid foreclosures. Funds can be used to pay loan principal, utilities, HOA dues and assessments, and similar related costs. 2. $91,000 to local non-profits further broken out as: a. Christian Cupboard Emergency Food Shelf (CCEFS) will receive $31,000 to pay for the cost of providing food to low- and moderate-income households. CCEFS has created a mobile food delivery system and is using these CDBG-CV dollars for monthly deliveries of food to Cobble Hill Apartments and Woodbury Senior Living residents. b. Community Action Partnership of Ramsey & Washington Counties will receive $26,000 to provide emergency assistance with past-due rent and utilities. c. The South Washington County Schools Education Foundation (which is branded in the community as SoWashCo CARES) will receive $19,000 to help provide access to mental health services for income-qualified households. d. The Woodbury YMCA will receive $15,000 to pay for additional staff to provide free day care services to income-qualified households. Council Letter 22-85 March 23, 2022 Page 3 3. $39,000 to pay for urgent public safety needs in the community. (Author’s note: HUD has since changed its mind and is not allowing this expenditure. Staff anticipates a future discussion with the City Council regarding how these funds should be expended.) 4. $14,340 for program administration. The majority of CDBG-CV funds are intended to be spent on public services activities. These are not typically activities that are funded by the City; however, the federal allocation of funds requires that the dollars be used to plan for, prepare for or prevent the spread of COVID-19. Written By: Karl A. Batalden, Housing and Economic Development Manager Approved Through: Janelle K. Schmitz, Community Development Director Attachment: Resolution Resolution 22 - Resolution of the City of Woodbury, Washington County, Minnesota Authorizing the extension of the SoWashCo CARES CDBG-CV Written Agreement to August 31, 2022 WHEREAS, the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”), invested five billion dollars in the US Department of Housing and Urban Development’s Community Development Block Grant program (“CDBG-CV”) to be used to prevent, prepare for, and respond to COVID-19; and WHEREAS, the City of Woodbury was allocated $382,340 of CDBG-CV funds; and WHEREAS, the City of Woodbury City Council authorized that $19,000 of CDBG-CV funds be awarded to the South Washington County Schools Education Foundation (which is branded in the community as SoWashCo CARES) to help provide access to mental health services for low- and moderate-income households; and WHEREAS, the SoWashCo CARES has requested that the term of their written agreement governing the $19,000 be extended. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Woodbury that the CDBG-CV written agreement between the City of Woodbury and SoWashCo CARES be extended to August 31, 2022; and NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Woodbury that the Mayor and City Administrator are authorized and directed to enter into an extension to the CDBG-CV written agreement between the City of Woodbury and SoWashCo CARES as referenced above, upon the approval of the City Attorney. This Resolution was declared duly passed and adopted and was signed by the Mayor and attested to by the City Administrator this 23rd day of March, 2022. Attest: Anne W. Burt, Mayor Clinton P. Gridley, City Administrator (SEAL) 5C City of Woodbury, Minnesota Office of City Administrator Council Letter 22-86 March 23, 2022 To: The Honorable Mayor and Members of the City Council From: Clinton P. Gridley, City Administrator Subject: Application to South Washington Watershed District’s Coordinated Capital Improvement Program Grant Solicitation Summary South Washington Watershed District offers an annual Coordinated Capital Improvement Program (CCIP) Grant to assist Cities with Municipal Separate Storm Sewer Systems (MS4) within their jurisdiction to accomplish goals and projects that improve downstream water quality. The City of Woodbury operates under an MS4 permit and therefore is responsible for operation and maintenance of the storm sewer system. Staff is proposing the following applications to the CCIP grant program:  $70,000 for pond lining project at Eagle Valley Golf Course (2023)  $100,000 for stormwater best management practice maintenance (2022)  $105,000 for Bailey Lake Lift Station analysis (2022)  $63,750.50 for replacement of an excavator used for pond maintenance (2022)  $10,000 to update parking lot salt spreader with new technology that will result in a reduction of salt use (2023) If grant funds are awarded to the City, Council will be requested to accept the grant in accordance with Minnesota Statutes. Recommendation Staff recommends Council adopt the attached resolution authorizing applications to the South Washington Watershed District’s Coordinated Capital Improvement Program Grant Solicitation. Fiscal Implications The South Washington Watershed District CCIP requires a 50 percent match of the total project cost of awarded projects. Sufficient funding is available within the 2022 Adopted Budget and the 2023-2027 Proposed Capital Improvement Plan for the proposed CCIP grant solicitation applications. If grant funds are awarded for any or all of the projects, a budget adjustment may be necessary to account for the additional revenue. Policy Critical Success Factor – Environmental Stewardship and Administrative Directive AD-FIN-4.3 Grant Application and Management Policy. Council Letter 22-86 March 23, 2022 Page 2 Public Process This is the first public process for this item. Background South Washington Watershed District (SWWD) offers the annual Coordinate Capital Improvement Program (CCIP) to provide financial assistance to local land use and public works authorities for water quality improvement projects. The CCIP seeks to:  Facilitate local government units within the District to explore water quality improvement opportunities and incorporate those opportunities into routine infrastructure operation and maintenance projects;  Promote closer collaboration between local units and the District on water quality improvement efforts as an element of capital improvement plans;  Foster stormwater management innovation and create demonstration/education examples;  Defray local costs in the broader, watershed-wide interest of improving water quality;  Improve de-icing operations throughout the District; and  Promote actions to increase resiliency of District resources. Written By: Kristin Seaman, Environmental Resources Specialist Approved Through: Chris Hartzell, Engineering Director Attachment: Resolution Resolution 22 – Resolution of the City of Woodbury, Washington County, Minnesota Authorizing Application to the South Washington Watershed District’s Coordinated Capital Improvement Program Grant Solicitation WHEREAS, the City and South Washington Watershed District’s (SWWD) have an interest in improving water quality; and WHEREAS, South Washington Watershed District offers an annual Coordinated Capital Improvement Program (CCIP) Grant Program to assist City’s with Municipal Separate Storm Sewer Systems (MS4) within their jurisdiction; and WHEREAS, the City owns and operates a Municipal Separate Storm Sewer System (MS4) which includes natural and constructed features; and WHEREAS, staff recommends Council authorizing applications to the South Washington Watershed District’s Coordinated Capital Improvement Program Grant Solicitation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Woodbury, Washington County, Minnesota, apply to South Washington Watershed District’s Coordinated Capital Improvement Program Grant. This Resolution was declared duly passed and adopted and was signed by the Mayor and attested to by the City Administrator this 23rd day of March, 2022. Attest: Anne W. Burt, Mayor Clinton P. Gridley, City Administrator (SEAL) 5D City of Woodbury, Minnesota Office of City Administrator Council Letter 22-87 March 23, 2022 To: The Honorable Mayor and Members of the City Council From: Clinton P. Gridley, City Administrator Subject: Approval to Cancel April 20, 2022 City Council Workshop Meeting Summary Due to various scheduling conflicts, the April 20, 2022 City Council Workshop meeting needs to be canceled. This meeting will not be rescheduled. Recommendation Staff recommends Council approval to cancel the April 20, 2022 City Council workshop meeting. Fiscal Implications There are no fiscal implications. Policy Minnesota Statute Chapter 13D – Open Meeting Law. Public Process This is the first public process for this item. Background Not applicable. Written By: Kimberlee K. Blaeser, City Clerk Approved Through: Angela Gorall, Assistant City Administrator Attachment: None 5E City of Woodbury, Minnesota Office of City Administrator Council Letter 22-88 March 23, 2022 To: The Honorable Mayor and Members of the City Council From: Clinton P. Gridley, City Administrator Subject: Resolution of Supporting Housing and Local Decision Making Authority Summary The attached resolution is based on a draft authored by the League of Minnesota Cities regarding various legislative bills that would have significant impact on local land use authority. Staff will draft a letter for the Mayor’s signature that will be sent to the Governor and our state representative delegation that will provide a copy of the approved resolution as well as City of Woodbury’s and MLC specific legislative program in this regard. Recommendation Staff recommends Council adopt the attached resolution supporting Housing and Local Decision making authority. Fiscal Implications Not applicable. Policy This is in response to proposed legislation opposing local control and home rule for housing and development decisions. Public Process This is the first time this item has been before the City Council. Background In response to proposed state incursions on local home rule on housing and home ownership, our City legislative program, LMC, Metro Cities and the MLC all have platforms in this regard. The City of Woodbury legislative program on housing states: a. The City of Woodbury opposes legislation that reduces or eliminates the City’s authority in the areas of local land use controls - local zoning, land use, comprehensive planning, utility and transportation planning, etc. These types of Council Letter 22-88 March 23, 2022 Page 2 regulations have significant impacts to local neighborhoods. Cities are best positioned to govern these matters and have effective processes for hearing and addressing concerns of affected citizens. The City’s adopted 2040 Comprehensive Plan is based on broad community input that articulates the community’s goals. Interference with these effective local processes impedes the City’s ability to effectively implement its Comprehensive Plan. b. If there are any new legislative limitations on local development review processes connected to housing, they should be paired with meaningful and measurable metrics and requirements to achieve housing affordability based on a commonly understood and agreed-upon definition. c. The Legislature should authorize local units of government to impose infrastructure fees so new development pays its fair share of the off-site, as well as the on-site, costs of public infrastructure and other public facilities needed to adequately serve new development. d. The City of Woodbury supports federal action to increase the amount of private activity bonds available in Minnesota to better leverage the 4 percent Low Income Housing Tax Credit, thereby expanding cities’ ability to facilitate the development of affordable rental communities. e. Housing is a broad and complicated system. The state should continue to invest in both rental and ownership tools. f. No governmental regulation can overpower the natural forces of the real estate market. Given the recent and sustained increase in sales of residential real estate, the state should consider a significant investment in a new regional or statewide down- payment assistance mechanism. A significant component of the funding can be in the shape of loans as opposed to grants. A key barrier to more affordable homeownership continues to be lack of down payment resources. The MLC program on housing states: Housing is a top priority for MLC cities, particularly in supporting affordable home ownership for low to moderate income residents. Increasing access to home ownership for black, indigenous, and people of color is a high priority for our Association. A variety of housing options within each of our cities is very important; however, MLC is focusing its efforts on access to moderately priced starter homes, which will enhance the ability of Minnesotans to achieve inter-generational wealth growth via homeownership. Specifically, supporting initiatives and funding to secure and maintain existing housing stock (NOAH) as well as find ways to incentivize builders to bring affordable housing options to our cities. Opportunities for affordable home ownership continue to be a challenge in our communities for a number of reasons, especially as the real estate market has transformed the housing industry and builders are now focusing on single-family and townhomes with more square footage and higher quality amenities than previously, which drive up the cost of housing transactions. In addition to the changes driven by the market, Minnesota faces a variety of challenges including an underproduction of new home construction for the past 10 years, the high cost and scarcity of land, building materials, and labor, the exceptionally active real estate market, institutional Council Letter 22-88 March 23, 2022 Page 2 investors purchasing existing homes with significant conversion to rental as well as other market forces. In order to address this challenge, a variety of housing solutions will be necessary to provide more affordable home ownership opportunities including significant State investments. Below are some potential solutions that MLC supports to increase access to affordable home ownership: I) Support for Affordable Home Ownership Defined as buyers making 80% AMI and spending no more than 30% of their income on housing. a. Restructure the Minnesota Housing Finance Agency’s first-time homebuyer program i. Offer larger per unit financial investments in a manner that offers a larger per unit financial investment to address impacts of PMI/MIP (Private Mortgage Insurance/Mortgage Insurance Premium). b. Incentivize production of affordable homes by: i. Supporting a state tax exemption/credit. ii. Supporting a state program to waive city fees for production of affordable homes (based on the definition of affordability). Waived fees by cities would be reimbursed through state program to avoid passing on costs to existing tax payers. c. Increase state funding for community land trusts. d. Support financing opportunities for BIPOC first-time home-buyers. II) Collaboratively address statewide housing cost drivers a. Streamline state building codes and determine if existing codes create competitive advantages for neighboring states. b. Eliminate duplication and redundancy between the agencies involved in the storm water/environmental permitting process. III) Preserve existing affordable homes a. Support NOAH preservation grants. b. Continued investment in housing infrastructure bonds. c. Expand NOAH Preservation programs to include townhome and condominium ownership. IV) Preserve local autonomy and community characteristics a. Support city authority to protect existing tax payers and recover costs associated with development activity including street infrastructure. b. Preserve local government authority for land use decisions-zoning and regulatory controls. c. Recognize benefits of having a diverse collection of communities that provide choices across the housing spectrum. Written By: Kimberlee K. Blaeser, City Clerk Approved Through: Clinton P. Gridley, City Administrator Attachment: Resolution Resolution 22- Resolution of the City of Woodbury, Washington County, Minnesota Supporting Housing and Local Decision-Making Authority WHEREAS, local elected decision-makers are in the best position to determine the health, safety, and welfare regulations that best serve the unique needs of their constituents; and WHEREAS, zoning regulation is an important planning tool that benefits communities economically and socially, improves health and wellness, and helps conserve the environment; and WHEREAS, local zoning regulation allows communities to plan for the use of land transparently, involving residents through public engagement; and WHEREAS, cities across the state are keenly aware of the distinct housing challenges facing their communities and they target those local housing challenges with available tools; and WHEREAS, multiple bills restricting local decision-making related to housing have been introduced in the 2021-2022 biennium. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Woodbury that this Council supports local decision-making authority and opposes legislation that restricts the ability for local elected officials to respond to the needs of their communities. BE IT FURTHER RESOLVED that this Council supports housing policy that advances solutions to support full housing spectrum solutions, local innovation, incentives instead of mandates, and community-specific solutions throughout Minnesota. This Resolution was declared duly passed and adopted and was signed by the Mayor and attested to by the City Administrator this 23th day of March, 2022. Attest: Anne W. Burt, Mayor Clinton P. Gridley, City Administrator (SEAL) 5F City of Woodbury, Minnesota Office of City Administrator Council Letter 22-89 March 23, 2022 To: The Honorable Mayor and Members of the City Council From: Clinton P. Gridley, City Administrator Subject: Approval to Cancel T&Y CAW, LLC dba Short Stop Wine & Spirits; 2190 Eagle Creek Lane #F; Off Sale Intoxicating Liquor License and Tobacco Sales License and Approval to Renew K&B Liquor, Inc. dba Short Stop Wine & Spirits; 2190 Eagle Creek Lane #F; Off Sale Intoxicating Liquor License and Tobacco Sales License Summary On March 16, 2022, the City Council approved the issuance of a new liquor license and tobacco sales license to T&Y CAW, LLC dba Short Stop Wine & Spirits, located at 2190 Eagle Creek Lane, Suite F, Woodbury, Minnesota, effective as of April 1, 2022. On March 17, 2022, staff was informed that the parties’ purchase/sale transaction has been delayed and will not be closed by the first part of April, 2022, and instead K&B Liquor, Inc. intends to continue its operations until such time as a closing occurs. Staff received in writing that T&Y CAW, LLC wishes to cancel their liquor license and tobacco sales license as T&Y CAW, LLC is presently unable to close on the sale of the new business being purchased from K&B Liquor, Inc. Also, at the request of the City Attorney, T&Y, CAW, LLC has confirmed in writing that it agrees to waive any right to notice or hearing on termination of its newly issued licenses under Minnesota Statute 340A.415 or other applicable laws. On March 17, 2022, staff received a request from K&B Liquor, Inc. dba Short Stop Wine & Spirits, the original owners of the liquor store, located at 2190 Eagle Creek Lane, Suite F, Woodbury, Minnesota, to renew their liquor license and tobacco sales license. Recommendation Staff recommends Council adopt the attached resolution canceling the Off Sale Intoxicating Liquor License and Tobacco Sales License issued to T&Y CAW, LLC dba Short Stop Wine & Spirits, effective immediately and renewing the Off Sale Intoxicating Liquor License and Tobacco Sales License to K&B Liquor, Inc. dba Short Stop Wine & Spirits, effective April 1, 2022. Fiscal Implications If T&Y CAW LLC no longer wishes to pursue an off sale intoxicating liquor license and tobacco sales license, a refund of $500 will be processed. Council Letter 22- March 23, 2022 Page 2 K&B, Inc. has submitted a $200 renewal fee for the off sale intoxicating liquor license and $300 for the tobacco sales license. Policy Minnesota Statute 340A.415 and Woodbury City Code Chapter 4 Alcoholic Beverages regulates liquor licensing and Woodbury City Code Chapter 11 Licenses, Permits and Miscellaneous Business Regulations, Article II Tobacco Sales. Public Process Liquor license hearing conducted on March 16, 2022. Background K&B Liquor, Inc. was and is in the process of attempting to sell the “Short Stop Wine & Spirits” business, located at 2190 Eagle Creek Lane, Suite F to T&Y CAW, LLC. Due to the pending purchase of Short Stop Wine & Spirits, which was anticipated to be closed on or shortly after April 1, 2022, T&Y CAW, LLC, applied for a liquor license and tobacco sales license to the City of Woodbury. Based upon the representations of K&B Liquor, Inc. and T&Y CAW, LLC as to the status of and intended closing date for their transaction, the City allowed K&B Liquor, Inc.’s licenses to not be renewed effective as of April 1, 2022 and duly noticed a public hearing for consideration of granting a liquor license and tobacco sales license to T&Y CAW, LLC to be effective on April 1, 2022. On March 17, 2022, T&Y CAW, LLC informed City staff, in writing (refer to attached email from Scott Kranz dated March 17, 2022), that it wishes to cancel their liquor license and tobacco sales license as T&Y CAW, LLC is presently unable to close on the sale of the new business being purchased from K&B Liquor, Inc. On March 17, 2022 the City of Woodbury received a request from K&B Liquor, Inc. dba Short Stop Wine & Spirits, (refer to attached email from Brian Aagaard dated March 17, 2022) the original owners of the liquor store, located at 2190 Eagle Creek Lane, Suite F, Woodbury, Minnesota, to renew their liquor license and tobacco sales license. The City Attorney has reviewed all items associated with this request and has approved the City’s process of canceling T&Y CAW LLC’s liquor and tobacco sales licenses and the renewal of K&B, Inc.’s liquor and tobacco sales licenses. Written By: Kimberlee K. Blaeser, City Clerk Approved Through: Angela Gorall, Assistant City Administrator Attachment: 1. Resolution 2. March 17, 2022 Email from Scott Kranz – T&W CAW LLC 3. March 17, 2022 Email – Brian Aagaard – K&B Liquor, Inc. Resolution 22- Resolution of the City of Woodbury, Washington County, Minnesota Canceling the Off Sale Intoxicating Liquor License and Tobacco Sales License issued to T&Y CAW, LLC dba Short Stop Wine & Spirits, Effective Immediately and Renewing the Off Sale Intoxicating Liquor License and Tobacco Sales License to K&B Liquor, Inc. dba Short Stop Wine & Spirits, Effective April 1, 2022 WHEREAS, K&B Liquor, Inc. was previously the holder of a liquor license and tobacco sales license for the off sale retail business known as “Short Stop Wine & Spirits” located at 2190 Eagle Creek Lane, Suite F, Woodbury, Minnesota; and WHEREAS, K&B Liquor, Inc. was and is in the process of attempting to sell the “Short Stop Wine & Spirits” business to T&Y CAW, LLC; and WHEREAS, due to the pending purchase of Short Stop Wine & Spirits, which was anticipated to be closed on or shortly after April 1, 2022, T&Y CAW, LLC applied for a liquor license and tobacco sales license to the City of Woodbury; and WHEREAS, based upon the representations of K&B Liquor, Inc. and T&Y CAW, LLC as to the status of and intended closing date for their transaction, the City allowed K&B Liquor, Inc.’s licenses to not be renewed effective as of April 1, 2022 and duly noticed a public hearing for consideration of granting a liquor license and tobacco sales license to T&Y CAW, LLC to be effective on April 1, 2022; and WHEREAS, on March 16, 2022, the City Council of the City of Woodbury approved the issuance of a new liquor license and tobacco sales license to T&Y CAW, LLC dba Short Stop Wine & Spirits, located at 2190 Eagle Creek Lane, Suite F, Woodbury, Minnesota, effective as of April 1, 2022; and WHEREAS, on March 17, 2022, the City of Woodbury was informed that the parties’ purchase/sale transaction has now been delayed and will not be closed by the first part of April, 2022, and instead K&B Liquor, Inc. intends to continue its operations until such time as a closing occurs; and WHEREAS, on March 17, 2022, T&Y CAW, LLC informed in writing that it wishes to cancel their liquor license and tobacco sales license as T&Y CAW, LLC is presently unable to close on the sale of the new business being purchased from K&B Liquor, Inc; and WHEREAS, at the request of the City Attorney, T&Y, CAW, LLC has confirmed in writing that it agrees to waive any right to notice or hearing on termination of its newly issued licenses under Minnesota Statute 340A.415 or other applicable laws; and WHEREAS, on March 17, 2022 the City of Woodbury received a request from K&B Liquor, Inc. dba Short Stop Wine & Spirits, the original owners of the liquor store, located at 2190 Eagle Creek Lane, Suite F, Woodbury, Minnesota, to renew their liquor license and tobacco sales license. Resolution 22- March 16, 2022 Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Woodbury, Washington County, Minnesota that: 1. The off sale intoxicating liquor license and tobacco sales License issued to T&Y CAW, LLC dba Short Stop Wine & Spirits, located at 2190 Eagle Creek Lane, Suite F is canceled effective immediately; and 2. The renewal of K&B Liquor, Inc. dba Short Stop Wine & Spirits off sale intoxicating liquor license and tobacco sales license, located at 2190 Eagle Creek Lane, Suite F, is approved and in effect as of April 1, 2022 This Resolution was declared duly passed and adopted and was signed by the Mayor and attested to by the City Administrator this 23rd day of March, 2022. Attest: Anne W. Burt, Mayor Clinton P. Gridley, City Administrator (SEAL) [01601-35842/3033273/1] 6A City Administrator's Report March 23, 2022 Neighborhood Meetings: No Items Scheduled. Preliminary Public Hearings Scheduled for April 13, 2022: 1. Amira Woodbury, Comprehensive Plan Amendment, Rezoning, Planned Unit Development, Conditional Use Permit, Preliminary Plat, Project No. 07-2021-00477 2. Adoption of Special Assessments for the Lake Road and Pioneer Drive Intersection Improvements Project Other Meetings: 1. Economic Development Commission, March 29, 7:30 a.m., Ash North and South Conference Rooms 2. Special Joint Meeting with Cottage Grove, March 30, 6:30 p.m., HERO Center, Cottage Grove 3. Parks and Natural Resources Commission, April 5, 7 p.m., Ash North and South Conference Rooms 4. Housing and Redevelopment Authority Meeting, April 13, 7 p.m., Council Chambers Respectfully submitted, Clinton P. Gridley City Administrator

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