City Council

Minutes Woodbury City Council Wednesday, September 28, 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 28th day of September 2022. Call to Order Mayor Anne Burt called the meeting to order at 7:06 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 to 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; Chris Nelson, City Attorney; Clinton Gridley, City Administrator; Janelle Schmitz, Community Development Director; Chris Hartzell, Engineering Director, Tony Kutzke, City Engineer; and Jennifer McLoughlin, Senior Environmental Resources Coordinator. There were approximately thirty (30) members of the public in attendance and nine (9) members of the public attending virtually. Special Order of Business A. Presentation of the Minnesota GreenStep Cities Award Sustainability Specialist Jennifer McLoughlin stated the City of Woodbury is being recognized for achieving Steps 4 and 5 of the GreenStep Cities Award Program. She added Woodbury is one of 31 cities to receive this recognition. She introduced Diana McKeown, Great Plains Institute, and invited her to address the City Council. Ms. McKeown stated Woodbury is being recognized due to several programs, including electric vehicles, new construction of sidewalks and trails, and an increased number of public electric vehicle charging stations. She added the City of Woodbury is establishing environmental stewardship as a strategic initiative. Mayor Burt thanked Ms. McKeown for the award, which is a special honor for the City of Woodbury. 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. 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 Morris requested that Items B and E be removed from Consent Agenda and added to Discussion.  City Council Meeting Minutes Wednesday, September 28, 2022 Item A Approval of Council Minutes – September 7, 2022 Item B Meadowood Villas, Extension of Approvals, Project Nos. 06-2019-00342 and 06-2021-00466. This Item was pulled from the Consent Agenda and added to Discussion. Item C To adopt the following resolution Resolution 22-177 Resolution of the City of Woodbury, Washington County, Minnesota approving the Cooperative Agreement with South Washington Watershed District for implementation of an enhanced street sweeping program, amending the 2022 budget, and authorizing the addition of a Public Service Worker to the Streets Division. Item D To adopt the following resolution Resolution 22-178 Resolution of the City of Woodbury, Washington County, Minnesota certifying curb stop repair for 7541 Carillon Plaza W to the Washington County Auditor. Item E Approval to Appoint Election Judges – November 8, 2022 State General Election. This Item was pulled from the Consent Agenda and added to Discussion. Item F 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 September 2, 2022 in the amount of $1,153,717.65 and September 16, 2022 in the amount of $2,750,933.31. Councilmember Date moved, seconded by Councilmember Morris, to approve the Consent Agenda items with the exception of Items 6B and 6E. Voting via voice: Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Public Hearings A. Agenda Item 7C – Postponed: Woodlane Park & Ride; Planned Unit Development, Conditional Use Permit, and Site and Building Plan; Project No. 08-2022-00483 Community Development Director Janelle Schmitz stated the applicant has requested to continue the public hearing. Councilmember Morris moved, seconded by Council Member Date To continue the public hearing for the Woodlane Park & Ride Planned Unit Development, Conditional Use Permit and Site and Building Plan, Project No. 08-2022-00483, at the request of the applicant, to the regular City Council meeting scheduled for Wednesday, October 12, 2022 at 7:00 p.m. Discussion during the motion: Mayor Burt asked why the location is being named after Woodlane Drive. She added the name should include Woodbury and I-494. City Engineer Tony Kutzke stated it is standard naming convention to use a street name from the nearest intersection. Mayor Burt stated that is unfortunate as it makes more sense to have the name include the city and destination. Councilmember Wilson agreed, adding the Sun Ray Park & Ride is not named after a street. Page 2 of 13  City Council Meeting Minutes Wednesday, September 28, 2022 Voting via voice: Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye B. Agenda Item 7A - 2023 Roadway Rehabilitation Project; Approve Preliminary Report; Order Project; Authorize Preparation of Plans and Specifications; Authorize Preparation, Acquisition and, if Necessary, Condemnation of Easements Mayor Burt declared the public hearing open. Engineering Director Chris Hartzell reviewed the 2023 Roadway Rehabilitation Project for the Royal Oaks neighborhood, which includes 515 single family homes, 7 public properties and 1 commercial property. The area was selected for rehabilitation due to the poor pavement and utility conditions. The City Council cancelled the project in 2022 to review the City’s roadway design principles related to pedestrian facilities, and the project was formally adopted in July 2022. Mr. Hartzell reviewed the design principles for roadway rehabilitation or reconstruction, and pedestrian improvements guidance. He showed a visual of pedestrian and bike usage in the Royal Oaks neighborhood. He added City Staff recommends removal and replacement of much of the watermain and service in the area, including sanitary sewer lining and service; storm sewer replacement and water quality improvements; full street reconstruction; traffic calming measures; trail construction and rehabilitation; and Chippewa Park parking lot rehabilitation. Mr. Hartzell stated City Staff are considering the addition of bump-outs and raised crosswalks. He added narrower streets have a well- documented effect of slowing traffic and have been used successfully in other areas of Woodbury. Trails are proposed along Queens Drive, Courtly Road and Montrose Road. The overall estimated cost is $28.9 million with assessments approximately 16% of the total project cost, which is 2% less than last year’s public hearing. He reviewed special assessment amounts for residential and commercial and public/semi-public properties. Mr. Hartzell stated an assessment hearing is planned for next spring, and notices will be sent. Residents can receive project updates on woodburymn.gov/intouch. Mr. Hartzell stated adoption of the Resolution will require a 4/5 super majority of the City Council to order the project and authorize plans and specifications. Mayor Burt stated several emails and letters have been received and documented, with three received today from Jennifer Goff, 7033 Montrose Road; Steve and Jessica Petersen, 2280 Queens Drive; and John Jarosh, 1649 Lamplight Drive. Edward McCue, 7317 Courtly Road, stated he has been a Royal Oaks resident for 54 years. He thanked the City of Woodbury for all their services. He added the neighborhood has 85-foot-wide lots, and people will have problems backing out of their driveways if there are pedestrians and bikers, and this is a safety concern as the neighborhood does not want accidents to occur. Mr. McCue expressed concern about street plowing and trail plowing. He added several polls were taken in the neighborhood that showed that residents do not want trails on Courtly Drive. Steve Meisel, 7906 Montrose Road, stated he is opposed to a trail on Montrose Road. He added the number of bicycles is very low and the trails are an illogical path as connectivity is not needed. He noted the City Council turned down this exact plan. He noted residents understand that the roads need to be reconstructed, but residents do not want a sidewalk. Mr. Hartzell stated this plan is substantially different from the previous version, in which sidewalks were proposed for all residential streets. Under this proposed plan, only neighborhood roadways with connectivity would have the option for a sidewalk or trail, and sidewalks are optional on other streets. Mayor Burt stated the City Council voted against the plan to provide an opportunity to review the policy. John Douvier, 2216 Queens Drive, stated he has only seen one accident on Queens Drive, and he does not believe it is a safety issue. He added it does not make sense for the trail to cross the road 5 times. He noted the addition of a sidewalk will not leave him much of a front yard and he will only be able to fit 1 car on his driveway. He noted his family will have to park on the street. Mr. Douvier stated this is an old established neighborhood, and the City is trying to put something there that does not work. Mr. Hartzell stated the trail is proposed to cross the road to minimize impacts as much as possible in terms of driveways and tree removal. Page 3 of 13  City Council Meeting Minutes Wednesday, September 28, 2022 Jim Noren, 7016 Montrose Drive, stated he has sent four emails to the City Council but only received one response. He added his neighbor, Ryan Goff, has some good ideas, and he wanted to have the City Council to talk to Mr. Goff. He was disappointed that only one Councilmember showed up. He asked whether there is bike traffic data for Montrose Drive. He added he would like to see more follow-up from the City Council before a final decision is made. John LaPrairie, 2208 Kings Drive, left the meeting. His wife stated that he echoes the comments of Jerry Backlund. Jerry Backlund, 2116 Queens Drive, expressed his thanks to Mr. Hartzell and City Staff for all the hard work in revising the plan from last year. He expressed concern that the City needs to move forward with the project. He referred to rising costs of materials, labor, inflation, fuel, as well as concerns about the aging water and sewer system in the neighborhood. He noted this will become a very real quality of life issue if these issues are not addressed soon. Mr. Backlund stated he understands people’s concerns about sidewalks and trails, but that cannot be avoided. Trails are needed for access and safety, to make a connection to the elementary school. He stressed the importance of getting the project approved so City Engineers can start formal project planning. Mike Rhyner, 7032 Montrose Road, stated neighbors have asked for traffic studies and Strava data is not sufficient. Traffic is fast on Montrose because the road is so wide. He does not see foot or cycle traffic on Montrose and a path that size is not necessary, and it will be adding more concrete and asphalt to the neighborhood. Mary LaPrairie, 2208 Kings Drive, stated this project needs to get done. She added the streets are horrendous, and she understands residents’ concerns about sidewalks, but the overall project needs to move along. Mayor Burt moved, seconded by Councilmember Morris, to close the public hearing. Voting in Favor: Wilson, Date, Morris, Santini, Burt Absent: None Councilmember Wilson requested clarification regarding the feasibility report, which shows 537 properties last year but 527 properties this year. Mr. Hartzell agreed to look into it. He added that would not have an effect on the overall cost of the project, but total amount assessed could change. Councilmember Wilson asked how narrow roads and more impervious surface aligns with the City’s strategic initiative of environmental stewardship. Mr. Gridley stated that is a judgment call to be made by the City Council. Councilmember Wilson asked whether any alternative designs have been done. Mr. Hartzell stated, in terms of design, the City standard is a 12-foot-wide boulevard, 10-foot-wide trail with trees in the boulevard. He added this project has an 8-foot-wide trail. He noted the City Council can consider other options such as a 5-foot-wide concrete sidewalk. Councilmember Wilson asked whether any alternative plans were considered that had no sidewalks or trails in the neighborhood. Mr. Hartzell stated that was not reviewed. City Engineer Tony Kutzke stated other options were considered, and after reviewing policies and standards as well as engineering considerations, City Staff presented a recommendation. Mayor Burt stated, for purposes of clarification, City Staff are making this recommendation based on the guidance of the City Council. Councilmember Morris stated, in his four years on City Council, there has never been a request for Engineering to prepare alternative plans. He added City Council has given direction on making changes, but not to provide alternate plans. Mr. Gridley stated the issue is the design that is currently before the City Council for recommendation, and it is not about alternatives. He added the City Council approved the policy. Councilmember Wilson asked whether there is additional information on the number of rain gardens. Mr. Kutzke stated 5 or 6 properties have committed to having a rain garden. He added all appropriate neighborhood properties were contacted throughout the process regarding rain gardens. Councilmember Wilson asked why the trail does not go down to Chippewa Park and encompass the entire park. Mr. Kutzke stated that could be considered although there is no loop plan. Councilmember Wilson asked what would be the plan if the boulevard were to be 2 feet which would be insufficient for growing plants and trees. Mr. Hartzell stated site constraints will be considered as they occur. He added the boulevard is needed for signage. Page 4 of 13  City Council Meeting Minutes Wednesday, September 28, 2022 Councilmember Date stated the boulevard is recommended to create a canopy. Councilmember Wilson asked whether a resident could pay to have their water re-routed if they want to save a tree. Mr. Hartzell confirmed this, adding City Staff can help coordinate that effort where specimen tress have been identified. Councilmember Wilson requested clarification that an additional 100 trees will be removed. Mr. Hartzell stated many trees are not in good condition and are less desirable trees. Councilmember Morris requested clarification regarding the tree replacement plan. Mr. Hartzell stated the City will replace as many trees as possible. He added Engineering can provide a tree planting plan to be reviewed at another neighborhood meeting, that would also be shared with public prior to the assessment hearing. He noted replacement trees are included in the project cost. Mr. Kutzke stated over 100 ash trees previously removed by the public works department will be replaced as part of this project. Councilmember Wilson stated, with regard to traffic calming, the streets will be narrower. She asked whether narrower streets really do lower speed limits. Mr. Kutzke stated City Staff have collected speed data on approximately 200 locations around Woodbury, and compiled data based on street widths and traffic speeds. He added traffic speeds are lower by 4 miles per hour on 28-foot-wide streets than on 32-foot-wide streets. Councilmember Wilson asked whether elevated crosswalks are being considered. Mr. Kutzke stated the school crossings are being considered for raised crosswalks. Councilmember Wilson stated no police patrol has been done in the neighborhood to change behavior. Mr. Kutzke stated the radar speed signs are placed on Queens Drive on a rotation, to alert drivers of their speed. Councilmember Wilson stated the City has the ability to lower speed limits on residential roads. Mr. Kutzke confirmed there was a change in State Statute, which requires a full engineering study and City Council approval. Mr. Hartzell stated that would require a comprehensive study of the entire community, not just a single neighborhood. Mr. Kutzke stated it is more effective to design roadways that reduce speed than to reduce the speed limit. Councilmember Wilson stated she supports lowering speed limits in Woodbury to 25 miles per hour. She added other cities have done it, and the City has the authority to do it. She noted this could be an opportunity to reduce speeds. Councilmember Date stated, as referenced by Mr. Gridley, this discussion is related to the roadway rehabilitation project that is before the City Council, and lowering of traffic speeds is not currently up for discussion. Councilmember Wilson stated her question was whether enforcement of speed limits can be used to change driver behavior. Councilmember Morris stated the City Council has reviewed a lot of communication from residents, and Engineering has executed a policy guided by the City Council. He expressed his appreciation for the work that the Engineering Department has done in executing the City Council’s vision. He added there has been feedback from the public that is undeserved, and he appreciates the professionalism of the Engineering staff. Councilmember Morris stated, with regard to pedestrian access, residents have said they do not want their children to walk in the streets. The question of why residents are not seeing walkers and bikers on their streets may be because the streets are unsafe for walkers and bikers. Councilmember stated she echoes Councilmember Morris’ comments regarding the Engineering staff. She added the project must move forward and cannot be delayed. She noted the City Council should find a consensus and do what needs to be done tonight. Councilmember Wilson stated she agrees the project cannot be postponed, but alternative plans should be presented, especially after hearing feedback from the neighborhood. Mr. Gridley stated design details can be refined after tonight’s Council direction to move forward with the concept plan has been received. Councilmember Wilson asked why 32 feet is recommended for Courtly Road, rather than 28 feet. Mr. Hartzell stated there was discussion regarding the heavy usage of that road, and 32 feet was recommended. Mr. Gridley recommended that the road width issue could be resolved first. Mayor Burt stated she is in support of the proposed roadway widths. Page 5 of 13  City Council Meeting Minutes Wednesday, September 28, 2022 Councilmember Santini stated she walked this area with her two small children, and she believes a trail or sidewalk will give roads definition and safety. She added she would like to discuss the trail switching from side to side on Queens Drive. Mr. Kutzke stated driveway grades in that location would make it difficult to have a trail. Councilmember Santini stated she supports 28 feet on Queens Drive and Montrose Road, and Courtly Road should be the same for consistency. Councilmembers Morris and Date agreed. Councilmember Wilson stated she does not support 28-foot-wide roads. She added there are other ways to alter driver behavior. Councilmember Date stated there are many residents of the neighborhood who have expressed to the City Council that they want sidewalks. She added Courtly Road has plenty of room and needs a trail. She noted no trail on Queens or Montrose is not an option she would support. Councilmember Santini agreed. Councilmember Wilson stated she did community engagement in the neighborhood after the 2021 meeting, and she heard that the majority of residents were not in favor of sidewalks. She added it is concerning to her to remove trees. Mayor Burt stated the majority of tree removal is related to sewer replacement. Mr. Hartzell confirmed this. Councilmember Wilson expressed concern that the City is trying to make existing neighborhoods feel like newer neighborhoods by adding parks and trails, but the people who live there should be able to decide. Councilmember Date stated 3 roads will be modified, and the City is not changing the character of the entire neighborhood. She added the policy has been changed based on feedback from residents. Councilmember Wilson stated she supports a concrete sidewalk on Courtly Road as blacktop trail does not go with the existing driveways. She added she would like an 8-10 foot trail near the funeral home. She added she agrees that all the trail crossings on Queens are not necessary. She noted she hopes the City will put in concrete and not asphalt. Mr. Gridley stated neighborhoods can petition the City Council to upgrade to concrete, and the cost difference would be applied to assessments. Mr. Hartzell stated 100% agreement would be required from residents on the side of the roadway where a trail is proposed. He added residents would be assessed for the difference, or approximately $4,000. Councilmember Morris stated plastic ballards might be an option. Councilmember Date stated ballards would not improve aesthetics or safety. Mr. Hartzell stated an off-road trail or sidewalk would be preferable as there is sufficient right of way. Councilmember Date stated Queens Drive is a busy street, and it would make sense to transition to a sidewalk there. She added no pedestrian access is not an option, as a sidewalk or trail will achieve the objective of safe routes to school and parks. She added, with the additional cost, she is unsure whether giving residents a choice of concrete vs. asphalt is a good idea, as it could be frustrating for residents. The City attorney stated it would be incumbent upon residents to come to the City to petition. He added incurring costs would not be a part of any survey. Councilmember Wilson stated she is proposing concrete, as precedent has been set in other neighborhoods. Mr. Gridley stated the use of concrete would add to the precedent, and other neighborhoods have different assessment impacts in relation to project costs. He noted costs would be significantly more. Councilmember Date moved, seconded by Mayor Burt, To adopt the following resolution Resolution 22-180 Resolution of the City of Woodbury, Washington County, Minnesota approving the preliminary report, ordering the project, authorizing preparation of plans and specifications and authorizing preparation, acquisition and, if necessary, condemnation of easements for the 2023 Roadway Rehabilitation project with City Staff’s exploration and input from residents on the feasibility for the following design considerations: a. An 8-foot-wide trail or 5-foot-wide sidewalk along the new proposed trail alignment on the south side of Montrose Road and will receive property owner input on their preference for the options b. An 8-foot-wide trail or 5-foot-wide sidewalk along the new proposed trail alignment on the west side of Queens Drive and will receive property owner input on their preference for the options Page 6 of 13  City Council Meeting Minutes Wednesday, September 28, 2022 c. Evaluation of the new trail along Queens Drive being moved to the east side of the road d. The trail along Courtly Road shall be an 8-foot-wide trail. Discussion during the motion: Councilmember Santini requested an amendment to the motion to add an exploration of the option for moving the trail on Queens from east to west. Councilmember Date accepted the amendment. Voting via voice: Kim Wilson – nay Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye C. Agenda Item 7B - Wells Fargo Redevelopment; Comprehensive Plan Amendment; Rezoning; Planned Unit Development; Conditional Use Permit; Preliminary Plat and Site and Building Plan; Project No. 08-2022-00499 Mayor Burt declared the public hearing open. Ms. Schmitz reviewed a redevelopment proposal from Wells Fargo for a 44,000 square foot retail grocery store and 4,000 square foot bank building at 7525 Currell Boulevard. The property falls within the Gold Line Master Plan area and would require a land use change to Places to Shop. Specific design guidelines related to the Master Plan are also recommended for the site. The site would be accessed from Currell Boulevard. A pedestrian access would be provided via a new trail along Currell Boulevard, and an internal sidewalk. Ms. Schmitz stated approximately 70 trees would be removed to accommodate the expansion, mostly ornamental trees and shrubs. The plan would preserve as many of the existing trees as possible along Valley Creek Road to provide additional screening from existing residential properties. Ms. Schmitz stated a neighborhood meeting was held on September 8, 2022 and two residents attended, both from the same household, as well as a commercial property owner. Questions were asked regarding parking, grocery pick-up, phasing, aesthetics, and screening of loading areas. The Planning Commission also recommended an additional condition related to decorative fencing. Ms. Schmitz stated there is a small error both on the Council Letter and agenda recommendation that incorrectly stated B-1 as “General Business District” when it should have been B-1 “Office Park District”. She explained the ordinance provided to Council correctly identifies B-1 as “Office Park District”. Mayor Burt moved, seconded by Councilmember Morris, to close the public hearing. Voting in Favor: Wilson, Date, Morris, Santini, Burt Absent: None Mayor Burt asked how wide the internal sidewalk will be. Dan Regan, applicant, introduced Brian Wurdeman of Kimley-Horn. Mr. Wurdeman stated the connection along Currell Boulevard is 8 feet wide, but they are still working with City Staff regarding what the internal trail or sidewalk will look like. Mayor Burt stated she supports having a wider internal trail for bike access. Councilmember Date asked whether bike racks are proposed. Mr. Wurdeman stated there will be bike racks to the east of the grocery store entrance. There will be good connectivity between the two uses, but no bike racks are planned adjacent to the bank. Councilmember Morris stated that this could be added as a condition due to the City’s Bike Friendly Communities certification. Mayor Burt agreed. Mayor Burt stated the trees planted at City Place have not survived and are doing poorly. She asked whether there is enough space to ensure that newly planted trees in this development will have enough space to grow. Ms. Schmitz stated City Staff can review this issue. She added there are percentage requirements in terms of green space within the parking lot. She added there is an escrow to replace trees within 2 years. She added a condition could be added that requires the islands to be adequately sized so that trees have room to ensure survivability. The City Council agreed. Councilmember Morris requested clarification regarding staff parking. Ms. Schmitz stated the proposed 214 parking stalls is a reduction of 42 stalls. Employee parking is located along the west side of the property as well as the north side of the bank. Page 7 of 13  City Council Meeting Minutes Wednesday, September 28, 2022 Councilmember Morris asked whether City Staff are comfortable with only one entrance/exit from Currell Boulevard. Ms. Schmitz confirmed this. Mayor Burt asked whether 2 exiting turn lanes have been considered for left and right turn movements. Councilmember Morris asked whether City Staff would consider widening the entrance to allow for both left and right turn lanes. City Staff agreed to look into it. Mr. Hartzell stated Mr. Kutzke did not have any circulation issues with this entrance. The applicant stated traffic modeling was conducted at the location, and no conditions arose that were concerning to their engineer or City Staff. He added there would be sufficient space to make an additional exit turn lane. Councilmember Morris moved, seconded by Councilmember Santini, To approve a Comprehensive Plan Amendment from Places to Work to Places to Shop. Voting via voice: Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Councilmember Morris moved, seconded by Councilmember Santini, To adopt the following ordinance Ordinance 2028 Ordinance of the City of Woodbury, Washington County, Minnesota, rezoning certain property from B-1, Office Park District to B-3, Planned Shopping Center District. Voting via voice: Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Councilmember Morris moved, seconded by Councilmember Santini, To adopt the following resolution Resolution 22-181 Resolution of the City of Woodbury, Washington County, Minnesota, approving the Conditional Use Permit (CUP) and adopting findings of fact. Voting via voice: Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Councilmember Morris moved, seconded by Councilmember Santini, To approve the Wells Fargo Redevelopment Planned Unit Development (PUD), Preliminary Plat and Site and Building Plan, Project No. 08-2022-00499, all subject to the conditions outlined in Council Letter 22-242, and with the following additional conditions: 1. Prior to the issuance of a building permit, the site plan will be evaluated to ensure that the landscape islands in the parking lot are adequately sized to increase survivability of the trees that are planted within the islands. 2. Prior to the issuance of a building permit, the Applicant shall add bike racks near the proposed bank building. Page 8 of 13  City Council Meeting Minutes Wednesday, September 28, 2022 The number and location shall be approved, in writing, by Planning staff. 3. Prior to the issuance of a land disturbance permit, the access point onto Currell Boulevard shall be modified to include both a left and right turn lane for vehicles exiting the site with the final design reviewed and approved by the Engineering Division. Planning Conditions 1. The Applicant shall obtain Metropolitan Council approval for the Comprehensive Plan Amendment prior to the issuance of a building permit for the retail building. 2. The PUD and CUP approval shall expire one year from the date of City Council approval unless a building permit has been requested or a time extension has been granted. 3. Prior to the issuance of a land disturbance permit, the Applicant shall provide a preliminary plat exhibit with the revised plans. The Preliminary Plat approval shall expire six months from the date of the City Council approval unless a Final Plat has been requested or a time extension granted by the City Council. 4. The Final Plat shall be approved by the City Council and released for recording prior to the issuance of a building permit. 5. The Applicant shall wholly construct and fund the identified trail improvement. 6. Prior to the issuance of a building permit, a final landscaping plan shall be reviewed and approved by staff. Additional landscaping and placemaking elements shall be added to the northwest corner consistent with the Gold Line Station Area Master Plan. 7. All fencing and retaining wall materials shall be complementary to the building materials and shall be approved in writing by the Planning Department prior to issuance of a building permit. Retaining walls greater than four (4) feet in height shall be engineered and detailed calculations shall be submitted to the City. 8. Prior to the release of the Final Plat for recording, the Applicant shall enter into a Builders Agreement. 9. Prior to the application of the building material, the Applicant shall construct sample material mock-ups on site for both of the buildings. 10. All building materials within the PUD shall be of a similar design and color. Furthermore, fencing materials, retaining walls and landscaping elements shall also be coordinated and unified. 11. Prior to the issuance of a building permit, a snow removal plan shall be reviewed and approved, in writing, by staff. 12. Prior to the release of the building permit, a landscape financial security shall be submitted. The landscaping plan shall meet all landscaping ordinance requirements including canopy coverage and tree and species diversification. 13. Prior to the release of the Final Plat for recording, staff shall finalize the tree replacement calculations and method of achieving replacement or payment in lieu. 14. The property owner of Lot 1, Block 1 shall complete snow removal, maintenance and replacement of all proposed sidewalks and trails adjacent to the site. 15. Prior to the issuance of a land disturbance permit, the Applicant shall submit a plan that identifies a trail on the south side of Currell Boulevard. The plans shall be reviewed and approved by the Engineering Department, in writing. 16. All building and site lighting shall be of a consistent style and color throughout the Planned Unit Development. All light poles, including base, shall be a maximum of 25 feet in height and shall be shoebox style, downward directed, with high-pressure sodium lamps or LED and flush lenses. Other than wash or architectural lighting, attached security lighting shall be shoebox style, downward directed with flush lenses. In addition, any lighting under canopies (building entries) shall be recessed and use a flush lens. 17. All signage on the southern elevation shall be downward directed or halo lit. 18. All building lighting on the southern elevation shall be downward directed. Glare shields shall be added to the south side of all light pole fixtures. 19. All areas of the site, where practical, shall be sodded or seeded and maintained. The property owner shall mow and maintain all site boulevards to the curb line of the public streets. 20. All HVAC and other roof- or ground-mounted equipment shall be hidden from view with materials that match materials and colors used on the building. Prior to the installation all roof screening materials and colors shall be reviewed and approved by staff. 21. Any trash enclosures shall utilize wooden gates and be constructed on three sides using the same materials and patterns used on the building. 22. No exterior storage shall be permitted. 23. Prior to the issuance of a building permit for the retail building, the Applicant shall execute a cross-parking and access agreement. 24. Prior to the issuance of a building permit for the retail building, the Applicant shall provide elevations and specifications for the wing walls to screen the loading area, trash enclosure and transformers. 25. All fencing shall use decorative fence designs as approved in writing by Planning staff. Engineering Conditions Engineering Conditions 26. Prior to the issuance of a land disturbance permit, a final stormwater management plan shall be reviewed and approved by the City. 27. Prior to the issuance of a land disturbance permit, a construction staging plan shall be submitted and reviewed and approved by Planning & Engineering staff. 28. Prior to the issuance of a land disturbance permit, final canopy calculations shall be submitted to the City. 29. Prior to the issuance of a land disturbance permit, the Applicant shall submit an operation and maintenance plan for the long-term care of all on-site storm sewer, sanitary sewer, water main and roadway systems components to the City for review and approval. The Applicant will be responsible to carry out these operation and maintenance activities and to submit the appropriate documentation to the City as specified. 30. The Applicant shall be financially responsible for all applicable water, sanitary sewer and storm sewer area and connection charges. Rates applied shall be those in effect at the time of Final Plat approval and shall be memorialized in the Builders Agreement. Page 9 of 13  City Council Meeting Minutes Wednesday, September 28, 2022 31. The Applicant shall be responsible for protecting the proposed on-site storm sewer underground filtration basins and components and adjacent storm sewer facilities from exposure to stormwater runoff, sediment and debris during construction activities. Temporary stormwater facilities may be necessary to protect the aforementioned improvements during all construction activities. Construction and maintenance of any temporary stormwater facilities shall be the responsibility of the Applicant. 32. Prior to issuance of the land disturbance permit, the developer shall post with the City a cash escrow of $6,000.00 for inspection of the underground stormwater system during installation assuming they are installed with same phase. 33. The Developer will also be responsible for obtaining any other permits necessary from other applicable agencies, such as, MPCA, Ramsey Washington Metro Watershed District (RWMWD), Washington County, etc. prior to commencing any site activities. 34. The Applicant shall be responsible for compliance with the City’s Land Disturbance and Erosion and Sediment Control Ordinance and must obtain a land disturbance permit along with any necessary right-of-way permits from the City’s Engineering Division prior to the commencement of any site activities or site disturbance. The Applicant will also be responsible for obtaining any other permits necessary from other applicable agencies such as the Minnesota Pollution Control Agency NPDES Permit for construction activities. 35. Final grading, drainage and erosion control phasing plans must be submitted for review and approval prior to issuance of a land disturbance permit. All site activities shall adhere to the City’s Land Disturbance and Erosion and Sediment Control Ordinance, other City ordinances, NPDES permit requirements, MPCA requirements, and RWMWD requirements prior to commencing any site activities. 36. Emergency overflows (EOF) shall be shown for all catch basins, ponds, basins, rain gardens, swales, etc. proposed with the project. All emergency overflows shall be a minimum of 1.5 feet lower than the lowest ground elevation of adjacent buildings. 37. All public utility improvements and connections to the public systems shall be designed by the City in accordance with all City standard specifications, standard detail plates and standard plans. Easements necessary to accommodate public utility improvements will be determined by the final design and shall be shown on the Final Plat. Responsibility for construction of public utility improvements will be determined at the time of Final Plat approval. 38. The Applicant shall be financially responsible for any cost incurred for removal and/or relocation of existing small utilities, utility poles, undergrounding existing overhead electric utilities and other associated private utilities adjacent to and within the development and/or related to the public improvements needed to service the development. 39. Street lights shall be required to be installed and maintained by the property owner at all intersections. 40. The location of landscaping irrigation lines shall be shown on the utility plan for irrigation of medians or at locations where irrigation lines cross public streets. 41. Prior to the issuance of a land disturbance or building permit, the irrigation system shall be reviewed and approved and shall be designed to meet the following design requirements:  Location and amount of irrigated area shall be approved by staff. Any irrigated area shall be mowed and maintained by the property owner.  System shall be designed by a certified irrigation contractor.  The system, including pumps, controllers, connections and irrigation line placement shall be submitted for review and approval by City staff.  Irrigation heads shall be placed a minimum six (6”) inches from back of curb, trail, sidewalk, or other hard surface to avoid damage.  Irrigation mainlines shall be placed outside of the City right-of-way to avoid damage.  EPA WaterSense approved smart controllers shall be utilized and approved by City staff.  Drip irrigation, high efficiency rotating nozzles, pressure regulated spray and rotors, and other efficiency component shall be used as appropriate.  System shall have meter that reads in gallons and be accessible to City staff for annual reporting required by the Minnesota Department of Natural Resources(MN DNR)  The controllers shall be maintained as WaterSense certified and verified as working during each growing season.  Pressure regulated heads shall be utilized.  System shall have an irrigation audit completed by a certified landscape irrigation auditor and submitted to the City once every five years. Audit results, including auditor, date, time, issues identified and recommended improvements shall be submitted to the City by Dec. 31 of the audit-year. Voting via voice: Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Discussion A. Consent Agenda Item B. Approval of Meadowood Villas, Extension of Approvals, Project Nos. 06-2019-00342 and 06-2021-00466. Page 10 of 13  City Council Meeting Minutes Wednesday, September 28, 2022 Councilmember Morris stated this is the third extension of Meadowwood Villas. Ms Schmitz clarified that this is the second extension. Councilmember Morris requested that the Council consider making this the last postponement. Mayor Burt agreed. Councilmember Wilson stated she would like to see the City’s new bike and pedestrian policy implemented there. Councilmember Morris moved, seconded by Mayor Burt, To extend the project approvals for Meadowood Villas, Project Nos. 06-2019-00342 and 06-2021-00466 with the understanding that this will be the last extension of the existing plan, and subject to the conditions of approval listed in Council Letter 22-237. 1. All conditions of the original approvals shall remain in full force and effect. 2. The extension shall expire on September 28, 2023 unless a building permit has been issued Discussion during the motion: Mayor Burt stated that City Staff can communicate to the applicant that any additional requests would require adherence to the City’s bike and pedestrian policy. Ms. Schmitz agreed. Voting via voice: Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye B. Consent Agenda Item E. Approval to Appoint Election Judges – November 8, 2022 State General Election Councilmember Morris stated he would like to commend Councilmember Wilson for serving as an Election Judge. He added this is also for purposes of transparency. Councilmember Morris moved, seconded by Councilmember Santini, To adopt the following resolution Resolution 22-179 Resolution of the City of Woodbury, Washington County, Minnesota, appointing election judges for the November 8, 2022 State General Election. Voting via voice: Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye C. Approving the Preliminary 2023 Property Tax Levy; Authorizing the Cancellation or Changes to Certain Debt Levies; Establishing the Date for the Public Meeting for the Property Tax Levy and Budget Adoption Mr. Gridley reviewed the 2023 preliminary property tax levy adoption process. The truth-in-taxation meeting date notice and preliminary levy are required to be adopted at the last meeting of the year. The City has received a Triple A bond rating, the top rating possible for financial reporting since 2001, and the top rating for the performance management program. Mr. Gridley reviewed 2023 expenditures, including expenditures by departments and by type. He added the factors that drive the budget are inflation; service demands; statutory property tax system; street, parks and trails levies; personnel costs; and debt service, tax abatement and interest. Mr. Gridley reviewed the statutory property tax system, including conversion of market value to tax capacity; property tax rates; class rate changes for homes over $500,000 assessed value; and the impact of a shift of the tax burden to residential properties, affecting the median value home impact. Page 11 of 13  City Council Meeting Minutes Wednesday, September 28, 2022 Councilmember Date moved, seconded by Mayor Burt, To adopt the following resolution Resolution 22-183 Resolution of the City of Woodbury, Washington County, Minnesota approving a preliminary tax levy and budget for 2023 for purposes of the truth-in-taxation public meeting. Voting via voice: Kim Wilson – nay Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Councilmember Date moved, seconded by Councilmember Morris, To adopt the following resolution Resolution 22-184 Resolution of the City of Woodbury, Washington County, Minnesota authorizing the County Auditor of Washington County to cancel or change certain ad valorem debt levies for 2023. Voting via voice: Kim Wilson – nay 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 22-185 Resolution of the City of Woodbury, Washington County, Minnesota approving the preliminary 2023 Housing and Redevelopment Authority’s (HRA) tax levy for purposes of the truth-in-taxation public meeting. Voting via voice: Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Councilmember Date moved, seconded by Councilmember Santini, To adopt a motion confirming that the Truth-in-Taxation public meeting is scheduled for Wednesday, December 14, 2022 at 7:00 p.m. Voting via voice: Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Transportation Report (2nd meeting of the month, May-October) Page 12 of 13  City Council Meeting Minutes Wednesday, September 28, 2022 The City Council agreed to forego this item in the interest of time. City Administrator’s Report The City Council agreed to forego this item in the interest of time. Adjournment Mayor Burt moved, seconded by Councilmember Santini, to adjourn the meeting at 10:33 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 October 12, 2022 Page 13 of 13