City Council

Minutes Woodbury City Council Wednesday, October 26, 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 26th day of October 2022. Call to Order Mayor Anne Burt called the meeting to order at 7:00 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; Kevin Sandstrom, City Attorney, Clinton Gridley, City Administrator; Annie Coyle, Assistant to the City Administrator/Deputy Clerk; Assistant Community Development Director/City Planner, Eric Searles; Chris Hartzell, Engineering Director and Jason Egerstrom, Communications Manager. There were approximately twenty-five (25) members of the public in attendance and six (6) members of the public attending virtually. Special Order of Business A. Presentation of Awards to Photo Contest Winners Jason Egerstrom, Communications Manager stated City Staff initiated the focus of the Photo Contest in 1999 and it continues to be a popular summer tradition for amateur photographers. He stated Woodbury Magazine operates the contest and the City provide promotional support. As a part of the collaborative effort, they are able to use the photo contest entries and City publications on the website and social media accounts. Mr. Egerstron thanked the Woodbury Magazine for their efforts to keep the event thriving for the past 24 years. He stated first place entries were published in the October City update newsletter while all other winning images will be displayed during the City Council meeting. He introduced Hailey Almsted, the editor of the Woodbury Magazine. Ms. Almsted stated 291 images were submitted. She stated each winner and honorable mention showcases the beauty and livelihood of the community. Ms. Almsted and Mayor Burt presented the awards as follows:  1st place in Wildlife & Nature Category – Steven Meisel entitled Selfie  2nd place in Wildlife & Nature – Baylie DeLong entitled Markgrafs Mushroom  3rd place in Wildlife & Nature – Karl Schroeder entitled Fall on the Farm  Honorable Mention in Wildlife & Nature – Roberta Welp entitled Ready For My Closeup  Secondary Honorable Mention in Wildlife & Nature – Robert Rydeen entitled Sunflower  1st place in Pets category – Ariana Paratchek entitled Beautiful Distractions  2nd place in Pets – Steve Plocher entitled Freddie  3rd place in Pets – Dee Davis entitled Laundry Time  1st place in People & Families category – David Augustson entitled Sibling Swim  2nd place in People & Families – John Haldeman entitled Flying High at Ridge Park  3rd place in People & Families – Pat Donaghy entitled Raining Raptor  1st place in City Landmarks category – Reagan Davis entitled A Bright Spot  City Council Meeting Minutes Wednesday, October 26, 2022  2nd place in City Landmarks – Kent Nye entitled Heritage House at Winter  3rd place in City Landmarks – Ron Hawkins entitled Paddlin’ on Powers Lake  Honorable Mention in City Landmarks – Laura Hengrenes entitled This One’s for Chris  1st place in Community Activities & Events category – Stephanie Shellabarger entitled Woodbury Days  2nd place in Community Activities & Events – Nathan Kriel entitled Patriotic Joy  3rd place in Community Activities & Events – Nikki Osho entitled Viva La Vida!  Readers’ Choice – Steven Meisel entitled Selfie and Dragonfly for Lunch! 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. Brock Friesen, representative of Northstar Hemp with the brand Carpe Diem CBD and You Betcha! Cannabis Company, from Richfield, MN stated Northstar Hemp originated in 2018 and have been farming organic hemp since the Farm Bill was passed. He added their farm, which is located in Elk River, was USDA organic certified in the summer of 2022. He stated they primarily work with the health and wellness community such as chiropractors, physical therapists, acupuncturists, and massage therapists. In addition, they work with universities throughout the country. He stated they are in collaboration with Mayo Clinic to do THC and CDB research for chemo- therapy patients. He stated a small amount of CDB and THC combined can increase health benefits without it being intoxicating. He stated medical marijuana can be expensive and difficult to get which can make products limited. He stated the $10,000 fee for cannabinoid products puts a burden on small businesses since those businesses typically don’t see many customers per day and may make $600-$1,000 a month on CBD products. He stated the fee isn’t worth it to businesses. He added CBD products help people with pain management, sleep, mood management, and their well-being. He stated there is no comparison to tobacco and CBD products and by requiring CBD to be sold only in smoke shops can increase the stigma that they are the same. He offered farm tours and further discussion with the Council. Mayor Burt stated the full intent was to provide a plan quickly and then conduct research and community engagement to continue to look at the plan. 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. Item A Approval of Council Minutes – October 12, 2022 Item B To adopt a motion approving the Currell Corners 1st Addition, Final Plat, Project No. 08-2022-00500, and authorizing the Mayor and City Administrator to execute the Development Agreement/Builders Agreement with all approvals subject to the conditions as outlined in Council Letter 22-257. 1. All conditions of the Planned Unit Development, Site and Building Plan and Preliminary Plat approval shall remain in full force and effect. 2. The Final Plat shall include all necessary easements and ROW to match the street and utility plans being prepared by the City’s consultant engineer. 3. Plat approval and release shall be conditional on adherence to all requirements of the city attorney, including, but not necessarily limited to, any express requirements contained in the city attorney’s plat opinion. 4. Prior to the release of the Final Plat for recording, the City Engineer shall review and approve the final construction plans. The Developer shall privately construct and wholly fund all identified improvements. 5. The Developer shall be financially responsible for 100 percent of all storm sewer, sanitary sewer and water main area and connection charges applicable to the property. 6. All permanent easements and rights-of-way (ROW) necessary for existing and proposed street and utility improvements shall be granted to the City at no cost or paid for by the Developer. 7. All standard front, rear and side yard lot easements shall be shown on the plat. Standard front and rear yard easements are 10 feet and side yard easements are five (5) feet. Where public utilities are adjacent to side or rear lot lines, easements shall be a minimum of 10 feet wide on each side of the lot line. If the utilities are deeper than 10 feet, the easement width for each lot is calculated at a 1:1 depth-to-width ratio from the centerline of the utility. The easement width must then be adjusted to the nearest five-foot increment. If additional easements are not provided, then the layout of the watermain shall be adjusted. 8. The Final Plat shall be recorded prior to issuance of a building permit. Page 2 of 10  City Council Meeting Minutes Wednesday, October 26, 2022 Item C To adopt a motion authorizing transmittal of the draft comment letter to Washington County regarding their Draft Capital Improvement Plan 2023-2027. Item D To adopt the following resolution Resolution 22-191 Resolution of the City of Woodbury, Washington County, Minnesota authorizing the Mayor and City Administrator to execute a Letter of Engagement with WSB, Inc., for preliminary design field survey services for the Woodbury Water Treatment Plant To adopt the following resolution Resolution 22-192 Resolution of the City of Woodbury, Washington County, Minnesota authorizing the Mayor and City Administrator to execute a Letter of Engagement with Bolton and Menk, Inc., for preliminary design field survey services for the Woodbury Water Treatment Plant. Item E To adopt the following resolution Resolution 22-193 Resolution of the City of Woodbury, Washington County, Minnesota authorizing the Mayor and City Administrator to execute a Letter of Engagement with Short Elliott Hendrickson, Inc., as the engineering consultant for the Lake Road 4-3 Lane Conversion and Pavement Management Project from Pioneer Drive to Manning Avenue and authorizing the preparation of preliminary report. Item F To adopt the following resolution Resolution 22-194 Resolution of the City of Woodbury, Washington County, Minnesota approving the amended Letter of Engagement from Short Elliott Hendrickson, Inc., (SEH) for the Lake Road Trail Improvement Project. Item G To adopt the following resolution Resolution 22-195 Resolution of the City of Woodbury, Washington County, Minnesota authorizing acceptance of the City of Woodbury PER and Pilot Grant Amendment #1, Contract #204381 for $900,000 from the Minnesota Pollution Control Agency for implementation of preliminary design field survey services and approving a budget amendment to the Water and Sewer Utility Fund (Enterprise Fund). Item H To adopt the following resolution Resolution 22-196 Resolution of the City of Woodbury, Washington County, Minnesota approving the Joint Powers Agreement between the State of Minnesota and the City of Woodbury for participation in the Minnesota Financial Crimes Task Force. Item I To adopt a motion approving issuing a Cannabinoids Product license to Genesis 112, LLC dba Midwest Craft for their location at 9000 Hudson Road, Suite 616. Item J To adopt the following ordinance Ordinance 2029 Ordinance of the City of Woodbury, Washington County, Minnesota amending Chapter 2 Administration, Article V Personnel Division 3 – Employee Benefits To adopt the following resolution Resolution 22-197 Resolution of the City of Woodbury, Washington County, Minnesota authorizing the expansion of AD-ADMIN 1.28 Short Term Disability to include parental leave. Item K To adopt the following resolution Resolution 22-198 Resolution of the City of Woodbury, Washington County, Minnesota authorizing the purchase of group medical insurance from the Public Employee Insurance Program (PEIP) and amending the City contribution toward the employee group medical insurance program. To adopt the following resolution Resolution 22-199 Page 3 of 10  City Council Meeting Minutes Wednesday, October 26, 2022 Resolution of the City of Woodbury, Washington County, Minnesota authorizing the City to self-fund dental insurance benefits, hiring HealthPartners as the administrative service organization and maintaining the City contribution toward the Employee Group Dental Insurance Program. To adopt the following resolution Resolution 22-200 Resolution of the City of Woodbury, Washington County, Minnesota authorizing the purchase of employee assistance services from Sand Creek EAP. To adopt the following resolution Resolution 22-201 Resolution of the City of Woodbury, Washington County, Minnesota authorizing the purchase of life and long-term disability insurance from Symetra. To adopt the following resolution Resolution 22-202 Resolution of the City of Woodbury, Washington County, Minnesota authorizing the purchase of short term disability advice-to-pay administrative services from Symetra. To adopt the following resolution Resolution 22-203 Resolution of the City of Woodbury, Washington County, Minnesota authorizing the offering of voluntary supplemental insurance from AFLAC and voluntary vision insurance from EyeMed Vision Care. Item L The abstract of bills includes payments made from the operating or project budgets for expenses of the city. The expenditures are from all funds of the city. Any purchased contracts requiring signature of the mayor and City Administrator is hereby approved. Staff recommends approval of the abstract of bills for October 7, 2022 in the amount of $742,428.16 and October 14, 2022 in the amount of $2,562,304.19. Councilmember Date moved, seconded by Councilmember Santini, to approve the Consent Agenda items. Voting via voice: Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Public Hearings A. Black Diamond Mini Storage; Conditional Use Permit; Site and Building Plan; Project No. 01-2022-00493 Mayor Burt declared the public hearing open. Assistant Community Development Director/City Planner Eric Searles stated MSP Commercial has submitted an application to construct a new self-storage facility. The application proposes multiple buildings with a combined square footage of 180,000 square feet for a self-storage use. The property is located north of Eastview Road and east of Settlers Ridge Parkway. The property is zoned BCD, Business Campus District and guided Places to Work on the land use plan. Mr. Searles stated the Council approved the Black Diamond Commercial PUD on April 27, 2022 which included the review of uses, access points, screening and landscaping, stormwater management, etc. He stated the PUD contemplated uses such as 180,000 square foot flex light industrial building to be used for warehouse/office/light industrial use and two separate mini storages uses. Mr. Searles stated the Black Diamond PUD identified the mini storage uses created an efficient transition between the single family residential neighborhoods to the south, near the Spancil Hill neighborhood and the more intensive distribution and light industrial uses to the north including Royal Gateway,I-94 logistics, and the new Amazon facility. Mr. Searles stated a single access point is proposed to be off the private drive which extends off Eastview Road to Karen Drive. He stated the applicant is providing the required parking stalls by providing 1 stall per unit. In addition, the applicant will provide striping to Page 4 of 10  City Council Meeting Minutes Wednesday, October 26, 2022 identify guest parking in the lot. No exterior parking such as RV’s or boats will be permitted in the striped zones or elsewhere on the site. Mr. Searles stated the applicant is proposing to construct the building with class 2 materials, with rock faced block and smooth block. He stated underlining PUD identified a perimeter landscaping plan with a creation of a 20-30 foot berm on the south side of the development. Mr. Searles stated a Neighborhood meeting was held on September 20, 2022 with no members of the public in attendance. He added the Planning Commission reviewed the application on October 17, 2022. Planning Commissioner Avin Kallenbach reviewed the questions during the Planning Commission meeting which included questions surrounding light pollution, the consistency of the height of the berm, security, and the bald eagle nest. Mayor Burt moved, seconded by Councilmember Morris, to close the public hearing. Voting in Favor: Wilson, Date, Morris, Santini, Burt Absent: None Mayor Burt opened opportunity for discussion and questions from the Council. Councilmember Wilson asked if the houses on the south were elevated higher up. Mr. Searles confirmed they are. Councilmember Wilson asked for confirmation that no public members attended the neighborhood meeting. Mr. Searles confirmed no members of the public were in attendance. Councilmember Wilson asked how many invites go out for the meeting. Mr. Searles stated anyone located within 500 feet received an invitation. Councilmember Wilson asked where the sidewalks along Eastview Road would be located. Mr. Searles stated there are trails located on the north side of Eastview Road which was proposed as the part of the PUD, but there are no sidewalks or trails on the south side of Eastview Road. Councilmember Wilson asked if there were any trails by the houses where the storage facility will be. Mr. Searles stated there are no trails on the south side of Eastview Road. Mayor Burt asked if the colors displayed would be the color scheme for the building. Mr. Searles agreed, stating the colors were chosen to blend into the elevation and hide dirt. He added other industry standards are corporate identity on the doors which they wanted to mitigate. Mayor Burt asked if there would be signage for corporate identity. Mr. Searles stated there is potential for wall signage but not corporate identity through the elevations. Mayor Burt asked due to the building being tucked in, would there be a big sign sticking out. Mr. Searles stated there would not be and the maximum height would be 25 feet. Mayor Burt asked where the location of the sign would be. Mr. Searles stated it would be on Eastview, with the potential of it being on Karen Drive as well. Councilmember Wilson expressed her concern on lack of sidewalks provided as well as the view elevated neighborhood homes will have on the building. Councilmember Date asked if there was history the Council discussed regarding the trail on the south side of Eastview Road. Councilmember Morris stated the conversation was on elevation regarding Spancil Hills. He added there was a height problem from where the property was completed and where the road was. He stated his understanding of Councilmember Wilson’s concern and added the applicant does not own the property with her concerns. Mayor Burt agreed with Councilmember Morris. Councilmember Date stated the appropriate place to put sidewalks is in the Parks and Trails plan. Mayor Burt asked who evaluates the 500 feet to invite the community. Mr. Searles stated they use GIS. Councilmember Date stated she is a strong advocate for master plans for developing areas so residents have a clear idea. She stated the area was zoned for light industrial which could be under considerations as residents purchased homes in the area. She suggested in the future all new developments should be under a master plan so all residents have a clear understanding on what is there. She stated the alternatives are limited to the area and could be worse. Councilmember Morris reviewed a previous project which centered on visibility for residents. He stated it’s a good question to ask regarding the discussion and also agreed with Councilmember Date’s comments. Councilmember Date asked what was on the right of the building plan map. Mr. Searles stated it is a second mini storage condo use which is a part of the PUD. Councilmember Date asked if it was approved. Mr. Searles stated it is identified under the PUD but a conditional use permit and site plan will be in front of Council in the future. Councilmember Morris asked if it would be multi-story. Mr. Searles stated it would be single story. He added Staff have had conversations with potential home buyers to the south who have expressed concerns regarding truck traffic and noise instead of the visual and view aspect. Councilmember Morris moved, seconded by Councilmember Santini, To adopt the following resolution Resolution 22-204 Page 5 of 10  City Council Meeting Minutes Wednesday, October 26, 2022 Resolution of the City of Woodbury, Washington County, Minnesota 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 adopt a motion approving the Black Diamond Mini Storage Site and Building Plan, Project No. 01-2022-00493, subject to the following conditions as outlined in Council Letter 22-267: 1. The 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. 2. All conditions of the existing Black Diamond PUD shall remain in full force and effect. 3. All requirements and conditions of the Northeast Area AUAR as they relate to this site shall remain in full force and effect as determined by the City. 4. Prior to the issuance of a building permit, a landscape financial security shall be submitted in accordance with the Zoning Ordinance. The landscaping plan shall meet all landscaping ordinance requirements including canopy coverage and tree and species diversification. 5. Prior to issuance of a building permit, the Applicant shall submit a plan identifying placement of no less than four (4) inches of an acceptable topsoil mix as determined by Planning staff. 6. Prior to installation of sod, the Applicant shall provide written verification that a minimum of four (4) inches of topsoil has been placed throughout the site. Prior to installation of the sod, the City shall inspect and approve the placement of the topsoil in writing. 7. No exterior storage is permitted. 8. All areas of the site, where practical, shall be sodded or seeded and maintained. 9. All disturbed boulevards shall be restored with turf. The property owner shall mow and maintain to the curb of all public streets. If a native planting approach is proposed, a minimum of three-year maintenance agreement shall be provided to ensure proper implementation. 10. This approval does not include signs. A separate sign permit is required for all proposed signage. 11. All ground mounted mechanical equipment shall be hidden from view with materials that match the materials and colors used on the building. 12. Prior to the issuance of a building permit, staff shall review and approve in writing, all final architectural plans. 13. Prior to the issuance of a building permit, the Applicant shall submit a materials board. All final building materials shall be approved by the Planning staff in writing. 14. Prior to the application of building materials, the Applicant shall construct sample material mock-ups on-site. The mock-ups shall be approved by the Planning staff. 15. Any future trash enclosures shall utilize wooden gates and shall be constructed on three (3) sides using the same materials and patterns used on the building. The location shall be approved by the Planning Division. 16. 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 lamps with 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 (i.e. building entries or drive-through) shall be recessed and use a flush lens. 17. The Developer shall be responsible for protecting the proposed on-site storm sewer infrastructure and components and any existing storm sewer from exposure to any and all stormwater runoff, sediments and debris. 18. The Developer shall be responsible for obtaining any other permits necessary from other agencies, MPCA, Valley Branch Watershed, etc. prior to the start of any site activities. 19. Prior to the issuance of a building permit, the Applicant shall provide a site plan that identifies parking stalls to be striped on the east and northern edges of the asphalt area. 20. Prior to the issuance of a building permit, the Applicant shall execute an approved Operations and Maintenance Plan for all onsite infrastructure. 21. Prior to the issuance of a building permit, the Developer shall provide a snow removal and storage plan detailing how snowfalls will be accommodated on site. 22. All fencing and retaining wall materials shall be complementary to the building materials and shall be approved in writing by the Planning Division prior to issuance of a building permit. Retaining walls greater than four (4) feet in height shall be engineered and detailed calculations should be submitted to the City. 23. All drive aisles shall have a minimum width of 25 feet. 24. Prior to the issuance of a land disturbance permit, final drainage, utility, and stormwater plans shall be approved by the Engineering Department. 25. This project shall require a General Stormwater Permit from the MPCA since more than one acre of land will be disturbed. In addition, a Stormwater Pollution Preventive Plan (SWPPP) shall be included on the Grading and Erosion Control Plan along Page 6 of 10  City Council Meeting Minutes Wednesday, October 26, 2022 with Best Management Practices (BMPs) such as concrete washout area, temporary sediment basins, stabilization methods for exposed areas, etc. These BMPs shall be clearly identified on the plan. The plan shall include permitee and inspector contact information. 26. 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. 27. 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. 28. Street lights shall be required to be installed by the Developer, at their cost, as directed by the City. 29. The location of any landscaping irrigation lines shall be shown on the utility plan for irrigation of medians or at locations where irrigation lines cross public streets. 30. Any irrigation systems shall be designed to meet the following design requirements:  System must be designed by a certified irrigation contractor.  The system, including pumps, controllers, connections and irrigation line placement must be submitted for review and approval, in writing, by City staff.  Private irrigation wells as a back-up irrigation source are not permitted.  Irrigation heads shall be placed a minimum six (6) inches from back of curb, trail, sidewalk, or other hard surface.  EPA WaterSense approved smart controllers shall be used. The controller shall be approved by Engineering Staff in writing.  MP rotator heads or equivalent shall be used throughout. Voting via voice: Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Discussion A. Denying Cannabinoid Products License Application of Smokeless Smoking, Inc., 8470 City Center Drive Assistant to the City Administrator/Deputy Clerk Annie Coyle reviewed the Cannabinoid ordinance that came into effect in September, 2022. Businesses are required to have a cannabinoid license to sell products containing cannabinoid or any trace of THC. She noted businesses that are selling CBD only products or medial cannabinoid it would not require a license. Ms. Coyle stated an application for a new Cannabinoids Products License was received on September 30, 2022 from Smokeless Smoking, 8470 City Center Drive. The business does not meet the license eligibility criteria for a Cannabinoids Product License under City Code Section 11-513 (12) provides “No license shall be granted for any business which principal building is within 500 feet of any school, licensed day care center, park, or playground”. She stated Staff recommends Council to adopt the draft resolution denying the cannabinoid products license application of Smokeless Smoking. She added the resolution includes a refund of the application fee. Mayor Burt gave an opportunity for the applicant to comment. Councilmember Morris asked City Clerk Kimberlee Blaeser if the application deadline of September 30, 2022 is annual. Ms. Blaeser stated the renewal time begins in November. Councilmember Santini asked if the application can be submitted at any time. Ms. Blaeser agreed. The applicant, Jesse Griffith, 11260 Sandcastle Drive, Woodbury, stated the business has been around for over a decade and has passed every compliance check. He stated there are policies in place to prevent sales to minors and a City attorney came to their business before the ordinance was passed. He stated his understanding of the distance required in the ordinance and stated the business was in place before the school was constructed. He stated the original intent was not to sell CBD products, but noticed competitors beginning to sell the products so they decided to also sell CDB products. He stated they consider themselves information based to inform their customers on the best decision to make. He stated they would be willing to move but are under lease for the next year. He stated they would not like half of their business to be shut down for the year. He stated most products people want contain less than .3% amount of THC. He asked the Council for time to move in order to continue to be a compliant building. Mayor Burt stated they had received the letter they had submitted as well as a letter supporting the business with some considerations. She added the topic has been a complex issue. She stated the Council and City staff worked hard to come up with a plan while knowing Page 7 of 10  City Council Meeting Minutes Wednesday, October 26, 2022 there would need to be continued community engagement and research. She expressed her appreciation for Mr. Griffith’s comments. She stated it would take time to continue to review this. She suggested an interim license for an additional 6 months for their business. Councilmember Date stated her concern regarding the business being around before the school. She stated it is unfair to establish regulations to businesses that are not permanent like a for-profit daycare versus a public school. She stated the purpose of the 500 feet is to prevent minor’s access from purchasing products. She added the fear would be around middle and high school students more than day care children. She stated when the ordinance is reviewed for the Council to review the concerns, noting the lease is a valid concern and hoped the Council could come up with a solution. Councilmember Morris agreed with the 6 month interim license and added there could be a reconsideration in 6 months. He asked the Council to reconsider this again. He stated the business is an age restrictive facility and has measures to make sure minors do not have access. He stated since the Council had to act quickly, they were not able to prepare for the full ramifications of the effects of current businesses. He encouraged Staff to keep in mind the effect the ordinance will have on existing businesses who sell restrictive products as they review the ordinance. He agreed with the 6 month interim license. Mayor Burt asked if the liquor ordinance prohibits 500 feet from schools. Ms. Coyle confirmed stating the requirement is with principle schools. Mayor Burt asked if daycares are principled schools. She also asked for clarification on the THC ordinance requirements with youth locations including schools, parks, and daycares. She stated she does not want it to be too restrictive for businesses. City Attorney Kevin Sandstrom recommended to table the issue until a November meeting so City Staff can craft a resolution. He added the current ordinance doesn’t currently allow an interim license. He stated if that was possible, he would recommend to craft a specific resolution that lists the terms and conditions for an interim license to be granted. He recommended to pass a motion to table the discussion until November. City Administrator Clint Gridley stated November 30, 2022 would be the best date for the discussion. Councilmember Date asked how that would affect the business. Mr. Sandstrom stated to include in the motion that City Staff and law enforcement are directed to not take action against the business in the interim. Councilmember Wilson asked if gas stations are selling CDB products. Mr. Sandstrom stated if they are licensed they are allowed to. Councilmember Wilson stated many gas stations will be heavily impacted if they are close to schools, parks, or daycares. She stated if they are going to give an interim license to Smokeless Smoking, they will need to give many interim license to other businesses. She asked if the school near the business is a for-profit school and if the Kwik Trip by the Daycare is within 500 feet of a daycare. Ms. Blaeser stated the Kwik trip it is not within the 500 feet. Councilmember Wilson recommended pushing the ordinance review up to see how it will impact businesses forward. She stated if a cannabinoid business is in the City first, the City should be mindful of where they place future schools and daycares to honor the requirements on the business. Councilmember Santini asked if the tobacco ordinance includes the 500 feet requirement. Councilmember Wilson agreed. She asked the applicant if CBD has been sold previously in the business. Mr. Griffith stated a couple months after the Farm Bill was passed, they began selling CBD products. He explained the process of extracting CBD only products. He reviewed the history of the Farm Bill stating .3% of THC included in the Bill left a lot of lead way which influenced the market to include low dosages of THC, including delta 8 products. Councilmember Wilson asked if the City ordinance prevents him from selling something he sold before the ordinance. Mr. Griffith stated it does. Councilmember Wilson asked if he would need to take product off his shelf due to the ordinance. Mr. Griffith stated roughly 40% of revenue would need to be taken off the shelf. Councilmember Santini agreed with Councilmember Wilson’s comment to expedite review of the ordinance regarding the 500 feet requirement. She stated she prefers to treat the cannabinoid and tobacco ordinances the same and recommended a review of tobacco, cannabinoid and alcohol ordinances. Councilmember Morris stated the issue is due to previously unlicensed products and not knowing who is selling what products while tobacco stores have further research on what products are being sold. He asked what a grandfathering process would look like. Councilmember Date stated it is not her desire to grandfather in businesses but to make decisions that are consistent with policies in place. Councilmember Morris clarified that businesses would be discussed to be grandfathered if there was a change in a reviewed ordinance. Councilmember Wilson asked if the September 30, 2022 was when licenses were required for businesses. Ms. Blaeser agreed. Mayor Burt has how many businesses applied. Ms. Coyle stated 2 businesses applied before the September 30, 2022 deadline and 2 other applications had submitted after the deadline. Mr. Gridley acknowledged the desire to expedite reviewing the ordinance and stated time is needed to do community engagement with businesses and residents, look at the matrix, and see what the State legislation is doing. He stated there is no quick resolution and encouraged the Council to be thoughtful in decisions so it doesn’t create further issues in the future. He stated there needs to be a means and method to allow interim licenses. Councilmember Wilson expressed her concerns regarding issuing temporary licenses and asked what happens after the 6 months of an interim license. Councilmember Morris agreed. Councilmember Morris, seconded by Mayor Burt, to table agenda item 8a, Cannabinoid Products License Application of Smokeless Smoking, Inc., 8470 City Center Drive, with the following conditions: 1. Direct Public Safety to not enforce at the applicants place of business for the next 6 months 2. Direct Staff to investigate possibilities of an interim temporary license and associated impacts that subject permit would have. Including but not limited to the fee schedule. Page 8 of 10  City Council Meeting Minutes Wednesday, October 26, 2022 Discussion during the motion: Mayor Burt stated Mr. Sandstrom recommended enforcement would not happen until November 30, 2022 so Staff have enough time to issue interim licenses. Councilmember Date stated the application fee needs to be reexamined and asked if the fee would be retroactive to September 30 for the applicate if are given a temporary license so it’s consistent with the license’s given to other applicants. Councilmember Morris amended to Councilmember Date’s comments. 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) City Engineer Chris Hartzell reviewed the following construction projects:  Hudson Road turn lanes and watermain at Karen Drive have been completed. The final clean up and turf restoration are anticipated in the Spring of 2023.  City Hall parking lot has been completed. Public Works Staff will complete planting and medians Spring 2023.  Ojibway Park parking lot is completed with the exception of signage, stripping and minor restoration. They are scheduled to reopen October 28, 2022.  Edgewood Avenue culver replacement is still underway. Curb and gutter are scheduled to be poured within the week. Paving is tentatively scheduled for next week. They are anticipating the roadway reopening on November 4, 2022. Mayor Burt asked if the culvert replacement was indicated in red. Mr. Hartzell stated the red represented the roadway and the drainage will go into Battle Creek.  I-94 Construction is reduced to two lanes between Woodbury Lane and St. Croix River and will remain two lanes until the end of October 2022. Construction crews will reinforce the road shoulders along the stretch in preparation for pavement resurfacing in 2023.  Gold Line BMPs are installed and are being maintained. Tree clearings are completed. The shoulder lane, and partial lane closure northbound on Bielenberg Lane is expected to be removed at the end of the week. Excel will begin utility relocations on both electric and gas this week while other private utilities are expected to start in mid-November 2022 and will continue in 2023. Construction in instillation of stormsewer wetponds and infiltration basins, site prep work, on Bielenberg Lane are expected to start this week. He stated the public can subscribe to updates on their website. Mr. Hartzell stated updates can be found online at woodburymn/cip.com and to sign up on InTouch updates on current construction updates. Councilmember Morris asked for clarification on utility relocations. Mr. Hartzell stated there is not a determination to bury energy lines unless the Gold Line would request it. Councilmember Santini asked if this was a new decision. Mr. Hartzell stated a comment during the planning process due to the movement of the Gold Line it left specific space for utility lines to be relocated. There are discussions to minimize relocations of utility lines. If there is space on the west side, there could be an opportunity to relocate poles on the property. City Administrator’s Report City Administrator Clinton Gridley gave a verbal update of upcoming City meetings.  October 26, 2022 – Neighborhood Meeting for Park Place Storage, 6:00 p.m. at Ash North and South Conference Room  November 3, 2022 – Neighborhood Meeting for Copper Ridge Ninth Addition at 6:00 p.m. in Council Chambers  November 1, 2022 – Parks and Natural Resource Commission, 6:15 p.m. at West Lobby in M Health Fairview Sports Center 4125 Radio Drive with a meeting at 7:00 p.m. in the upper level conference room.  November 1, 2022 – Council listening session, 12:00 p.m.  November 2, 2022 – Council listening session, 6:30 p.m.  November 4, 2022 – Audit Investment Meeting, 7:30 a.m. Ash North and South Conference Room  November 5, 2022 – Advisory Commission Interviews Mayor Burt asked how many applicants there were. Ms. Blaeser stated there are 21 new applicants with 10 reappointments. Page 9 of 10  City Council Meeting Minutes Wednesday, October 26, 2022  November 7, 2022 – Planning Commission Meeting items cancelled  November 9, 2022 –No public hearing scheduled for the Council meeting Adjournment Mayor Burt moved, seconded by Councilmember Morris, to adjourn the meeting at 8:21 p.m. to a council workshop meeting. Voting in Favor: Wilson, Date, Morris, Santini, Burt Absent: None Respectfully submitted, _________________________________________ Kimberlee K. Blaeser, City Clerk Approved by the Woodbury City Council on November 9, 2022 Page 10 of 10