City Council

Minutes Woodbury City Council Wednesday, November 9, 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 9th day of November 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 Michelle Okada, Parks and Recreation Director, and Chris Hartzell, Engineering Director. There was one (1) member of the public in attendance and seven (7) members of the public attending virtually. Special Order of Business A. Koins for K-9s Proclamation Mayor Burt read the proclamation to declare November 20, 2022-December 20, 2022 as Koins for K-9s Month within the City of Woodbury. Mayor Burt introduced Donna Stafford and Officer Emily Wessels. Ms. Stafford stated it is the 7th year of Koins for K-9’s. She stated they are planning new events such as Canine Trivia on November 14, 2022 and December 8, 2022 and photos with Santa at Pet Evolution on December 11, 2022. She stated after January 1, 2022 they will give another canine to the City, which will round out the team to 4. She added it has been a blessing to provide a service community therapy dog, Otis. She stated they will provide national trainings to the police department in order to bring their expertise back. She thanked the City and City Council. Officer Wessels gave a report on her partner canine dog, Cain. Councilmember Santini asked which officer would be handling the new canine. Ms. Stafford stated it would be officer Bob Boleen. Mayor Burt asked when the canine would come. Ms. Stafford stated it would be around the 1st of January and from March-June 2023 the Officer and canine would begin certification training. B. A Day of Thanksgiving Proclamation Mayor Burt read the proclamation to declare November 24, 2022 as A Day of Thanksgiving within 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.  City Council Meeting Minutes Wednesday, November 9, 2022 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 26, 2022 Item B To adopt the following resolution Resolution 22-205 Resolution of the City of Woodbury, Washington County, Minnesota authorizing the acceptance of gift sponsorship donations totaling $24,216.62 from local Woodbury businesses, organizations and individuals. Item C To adopt the following resolution Resolution 22-206 Resolution of the City of Woodbury, Washington County, Minnesota authorizing the execution and delivery of a Subrecipient Agreement by and between Washington County Community Development Agency and the City of Woodbury, subject to the approval of the City Attorney. Item D To adopt the following resolution Resolution 22-207 Resolution of the City of Woodbury, Washington County, Minnesota awarding the construction contract to Stantec Consulting Services, Inc. Item E To adopt the following resolution Resolution 22-208 Resolution of the City of Woodbury, Washington County, Minnesota authorizing use of West Draw and East Mississippi Trunk Storm Sewer Funds for the Southwest Woodbury Analysis and Improvements. Item F To adopt the following resolution Resolution 22-209 Resolution of the City of Woodbury, Washington County, Minnesota approving the Public Works Joint Powers Mutual Aid Agreement. To adopt the following resolution Resolution 22-210 Resolution of the City of Woodbury, Washington County, Minnesota approving the Fencing Consortium Joint Powers Agreement. Item G To adopt the following resolution Resolution 22-211 Resolution of the City of Woodbury, Washington County, Minnesota authorizing acceptance of the Toward Zero Deaths (TZD) Traffic Safety Enforcement Grant from the Minnesota Department of Public Safety, Office of Traffic Safety. Item H To adopt the following resolution Resolution 22-212 Resolution of the City of Woodbury, Washington County, Minnesota authorizing the acceptance of grant funds from the U.S. Department of Justice, Office of Justice Programs, Bulletproof Vest Partnership Program. Item I To adopt the following resolution Resolution 22-213 Resolution of the City of Woodbury, Washington County, Minnesota approve the Joint Powers Agreement including the Court Data Services Subscriber Amendment between the Bureau of Criminal Apprehension and the City of Woodbury on behalf of the Public Safety Department for Subscription to the Criminal Justice Data Network. Page 2 of 8  City Council Meeting Minutes Wednesday, November 9, 2022 Item J To adopt the following resolution Resolution 22-214 Resolution of the City of Woodbury, Washington County, Minnesota certifying delinquent utility bills to the Washington County Auditor. Item K To adopt the following resolution Resolution 22-215 Resolution of the City of Woodbury, Washington County, Minnesota certifying delinquent utility bills to the Ramsey County Auditor. Item L To adopt the following resolution Resolution 22-216 Resolution of the City of Woodbury, Washington County, Minnesota approving the abolishment of the Paramedic and EMT positions and employees. Item M 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 21, 2022 in the amount of $1,673,020.50 and October 28, 2022 in the amount of $683,067.33. Councilmember Santini moved, seconded by Councilmember Morris, 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 No items scheduled Discussion A. Central Park Remodel Project Funding Agreement with Washington County; Memorandums of Understanding with Independent School District 833 and South Washington County Telecommunications Commission Parks and Recreation Director, Michelle Okada, stated discussion items A and B go together. Ms. Okada reviewed the funding agreement with Washington County. She stated there have been previous funding agreements and this particular funding agreement will carry through construction. She stated Staff negotiated with the County a lump sum payment which is not unusual for a project. She stated this saves the City from concurrence. Ms. Okada stated the funding agreement defines the roles and responsibilities for the project. The City and Washington County will be responsible for paying project costs as outlined in the funding agreement. The proposed funding agreement outlines a cost-share for the future phases of the project at a lump sum contribution of $4,500,000 from the County. The agreement designates the City as the fiscal and contractual agent for the project. The agreement further designates termination of the previous funding agreement and allocating the new agreement to include the County contribution of up to $192,965, payable to the City for their contribution to the schematic design phase of the project. This amount is in addition to the $4,500,000 contribution for the future project phases. Ms. Okada stated the agreement included full ownership of Valley Creek A and B Conference Rooms to the City to either maintain for the City or utilize for the school district. The City would give full ownership to the Oak and Tamarack Conference Rooms to the County. She stated there is strategic planning for the library to begin at the beginning of 2024. All expenses to do future remodels for the Oak and Tamarack Conference Rooms will be covered by the County. Mayor Burt asked to clarify the shared space. Ms. Okada stated the City co-owns the property in a Condo Agreement which means the building is jointly owned with the County. She stated Condo Unit 1 is owned by the County while Condo Unit 2 is owned by the City. Common elements include any space that is jointly used such as restrooms and elevators, those spaces are jointly owned. She stated the Funding Agreement adds on from the original agreement. Page 3 of 8  City Council Meeting Minutes Wednesday, November 9, 2022 Councilmember Santini asked for clarity around the feasibility of the restrooms. Ms. Okada stated occupancy and requirements of restrooms in certain areas accessed by the public will determine the feasibility. She added there will be studies in order to determine the need as well as impact on the public. Councilmember Wilson asked if the Condo Units are being exchanged in ownership in the agreement. Ms. Okada stated only the currently shared conference rooms. She added the downstairs conference room is the only area changing. Councilmember Wilson asked if it is comparable in square footage. Ms. Okada stated they are not because the Valley Creek Conference rooms are larger. She stated the intention is to add additional program space. Ms. Okada stated the Memorandums of Understanding’s (MOU) are with active partners in the project. Since it is unknown what the spaces will ultimately be, parameters have been created so both parties can go into the design development with understanding. She stated they are identifying general space needs. The school is currently using the space with the potential to have priority of Valley Creek Conference use or adding it to the lease. She stated this is still being determined. She stated they are currently charging proportional operational expenses as Common Area Maintenance (CAM). She stated this will continue to be in addition to their lease. Ms. Okada stated fair market value lease is anticipated. She stated Eric Searles is the subject expert on staff. She added that Mr. Searles will see what the fair market value and identify a general number to start negotiations with. She stated reimbursable design costs, if a lease is not executed. She stated this is not anticipated but are including it to cover every aspect. Ms. Okada stated the Independent School District 833 has affirmed their participation by approving the MOU. She stated the Cable Commission has discussed the opportunity and has started a fund to save for it, they started a building committee to discuss potential plans and needs. It is anticipated that they would discuss during their December 1, 2022 meeting. Councilmember Wilson asked what conference rooms the school would take. Ms. Okada stated the Valley Creek Conference Rooms. She added they would determine if it would be in the lease or some sort of priority use where the City could still have access to it. Councilmember Wilson asked how many square feet the Valley Creek Conference Rooms have. Ms. Okada stated she does not remember. Councilmember Morris asked if they would capital contribute up front instead of build into the lease. Ms. Okada agreed. Councilmember Morris stated it would reduce the bonding requirement up front since it is a capital contribution. City Administrator, Clint Gridley, stated the City budgeted the gross cost, and the lease will be put into the operating side. However, if they do the capital contribution themselves it would reduce their lease contribution which would have impacts on the operational side. Councilmember Morris stated the net result would benefit the City since they are taking it up front. Ms. Okada stated the budget only includes the shell of the project and doesn’t include the build out of the project. Their investment into the capital would be above the anticipated costs. Councilmember Morris asked if the reduction to lease value based on capital contribution is a capital contribution to the project total or the lease hold improvement. Ms. Okada stated it is a contribution to their build. Mr. Gridley stated they have not got down to that level of detail. He stated they have designated money to a portion of the project. He stated the City has indicated if the money goes to the City’s capital build it will reduce their lease and if it goes toward the lease hold improvements than it won’t. Councilmember Morris moved, seconded by Councilmember Santini, To adopt the following resolution Resolution 22-217 Resolution of the City of Woodbury, Washington County, Minnesota approving the Central Park Remodel Project Funding Agreement with Washington County to guide the design development, construction documents, construction and warranty phases for the facility improvements and authorize the Mayor and City Administrator to sign said agreement. Voting via voice: Kim Wilson – nay Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Councilmember Morris moved, seconded by Councilmember Santini, Page 4 of 8  City Council Meeting Minutes Wednesday, November 9, 2022 To adopt the following resolution Resolution 22-218 Resolution of the City of Woodbury, Washington County, Minnesota approving the Memorandums of Understanding (MOU) with South Washington County Telecommunications Commission and Independent School District 833 and authorize the Mayor and City Administrator to sign said agreements. Voting via voice: Kim Wilson – nay Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye B. Central Park Improvements Project; Professional Design and Construction Administration Consulting Services; Consultant Selections; Amend 2022 Budget Ms. Okada reviewed the consultant agreements. She stated the City currently have contracts with Hammel, Green and Abrahamson, Inc (HGA) and Kraus-Anderson. HGA is the consultant that worked through schematic design and would continue to offer design development, construction documents, bidding support, construction administration and warranty support. She stated the desire is to get into the full contract and that pausing at each point is time intensive and puts the City at a disadvantage at the negotiation. She stated the Council has decisions at each point and the contract allows flexibility if there are decisions to adjust the project. She stated it is in the better interest to execute the contract through construction and warranty, but are opportunities throughout the project to exit the contract. Ms. Okada reviewed the costs included in the consultant agreements. The total requested budget amendment is $4,930,000 with costs including HGA at $1,741,426, Kraus-Anderson at $1,703,109 and owner costs at $1,485,465. Ms. Okada reviewed the next steps in the plan where the Staff will bring back the plan to Council for further direction. City Council will have an opportunity to make adjustments and decisions during those times. She stated according to the timeline, design development would begin next week. Councilmember Wilson asked where the money from the Community Investment Fund comes from. Mr. Gridley stated the Community Investment Fund came from residuals from the funds set up for bond issuances that got prepaid early. Councilmember Wilson asked if there is a continuation of levies assessed against taxpayers. Mr. Gridley stated the Community Investment Fund has one portion which is a levy which is a part of the tax abatement district that closed per the tax abatement plan. The levy got shifted to the Community Investment Fund to help support the project. Councilmember Morris stated it is not a general levy. Councilmember Wilson agreed. Councilmember Santini asked if the community investment fund was used for the Hero Center. Mr. Gridley agreed. Councilmember Wilson asked how much is in the Community Investment Fund. Mr. Gridley stated it is located in the financial statements and offered to send it in an email to Councilmember Wilson. Mayor Burt asked if there is enough to cover the costs. Mr. Gridley confirmed there is enough to cover the costs. He stated in 2023 they will have the bond issuance details brought to the Council. Councilmember Wilson asked if the project has been in process since 2014. Mr. Gridley agreed. Councilmember Wilson asked if there has been planning on how to pay for the project since then. Mr. Gridley stated it has been a slow process with the partners to determine who would be involved. He stated payment has been anticipated all along but needed to discover the project to approve in order to determine the funding mechanism. Councilmember Morris stated anytime there is an asset there is a thought process that occurs when the asset needs to be replaced or repaired which is a part of the capital planning. He gave examples of assets that needed repairing or replacing. Mayor Burt asked if it was a similar process as the Ojibway Park Building. Mr. Gridley agreed and stated there were many different funding sources, similar to the current project. Councilmember Morris moved, seconded by Councilmember Santini, To adopt the following resolution Resolution 22-219 Resolution of the City of Woodbury, Washington County, Minnesota approving the Mayor and City Administrator to amend the professional design and construction administration consulting services agreement with HGA, amend the pre-construction and construction management professional services agreement with Kraus-Anderson, and amend the 2022 Adopted Community Investment Fund budget for the Central Park Improvements project. Page 5 of 8  City Council Meeting Minutes Wednesday, November 9, 2022 Voting via voice: Kim Wilson – no Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye C. 2023 Roadway Rehabilitation Project – Montrose Road and Queens Drive Pedestrian Facilities Direction City Engineer, Chris Hartzell, stated at the September 28, 2022, Public Improvement Hearing for the 2023 Roadway Rehabilitation Project in the Royal Oaks Neighborhood, Council directed staff to engage residents on their desire for either an 8-foot asphalt trail or 5- foot concrete sidewalk along Montrose Road and Queens Drive south of Chippewa Park. Staff sent questionnaires to all residents with frontage on the side of the roadway with the proposed pedestrian facilities for Montrose Road (13 questionnaires) and Queens Drive (17 questionnaires) south of Chippewa Park on October 21, 2022, with a requested response date of October 28, 2022. He stated residents were provided with information on the differences between the two options, with a sidewalk being 5 feet wide, constructed with concrete, and snow removal is the responsibility of the homeowners versus the trail, which is 8 feet wide, constructed with asphalt, and snow removal is the responsibility of the city. Mr. Hartzell shared the results of the questionnaire stating there was a 50% response rate for the two options. The results showed on Queens Drive 4 residents desired a sidewalk while 5 desired a trail. On Montrose Road 5 residents desired a sidewalk while 2 desired a trail. He stated the Council letter does not display the same results because a late questionnaire was received. Councilmember Wilson asked to clarify the Staff’s recommendation. Mr. Hartzell stated the recommendation is to remain consistent with the adopted policies to place a trail along neighborhood collector roadways. Councilmember Wilson asked if it was a policy or ordinance. Mr. Hartzell stated it was a policy. Councilmember Wilson asked the difference between a policy and ordinance. Mr. Hartzell stated an ordinance is codified in law while a policy is how the Council would like to apply their vision and values to the community. Mayor Burt stated while it is not an open forum, she offered comments and questions to the public. Councilmember Morris stated he believes a sidewalk would aesthetically look better while looking at the context of the area. He stated it would fit in the neighborhood feel more than a trial. Mayor Burt stated her disappointment in the number of responses. She added the lack of response is a response. She stated the decision would last decades and she personally would like to be cautious to not obligate those who did respond to wanting a sidewalk to have to shovel in the future. Councilmember Wilson stated she has made her opinion clear throughout the process and expressed the issues and concerns putting a trail or sidewalk will bring to the neighborhood. She stated while the Council would like the particular neighborhood to look like the rest of Woodbury by placing trails and sidewalks in, it will still not look like the rest of Woodbury since it’s a unique neighborhood. She stated the Council has an opportunity to go against the policy. She stated it is more than just deciding between a trail or a sidewalk. Councilmember Morris asked if there is a recommendation. Councilmember Wilson stated her recommendation is to place painted lines on the road instead of changing the neighborhoods. Councilmember Date stated it is about safe routes to school and does not believe painted lines on the street with accomplish that. Councilmember Date noted it is a retrofit and is not the same as building from scratch. She stated either a trail or sidewalk will accomplish the goal of creating safe routes to schools. She added residents had an opportunity to respond and the majority wanted a sidewalk. She stated she doesn’t believe both roads need to be consistent. She agreed with Councilmember Morris that a sidewalk on Queens Drive would look better but the majority of residents on Queens Drive desired a trail which she would respect. Councilmember Morris clarified that Queens Drive had a 4-5 vote for a trail. He stated overall between both roads, there is a 9-7 vote for sidewalks. Councilmember Santini agreed with Councilmember Date on not needing consistency between the roads. She stated if the Council desires consistency she feels comfortable putting a sidewalk on Queens Drive since Montrose desired a sidewalk. Councilmember Morris stated the negative aspect of a sidewalk is that property owners have the responsibility to shovel. He stated the plan includes language around context several times. He stated he agrees with Councilmember Date and Santini to put a trail on Queens Drive and a sidewalk on Montrose since that is the preference from the residents. Mr. Hartzell stated when policies are deviated, trust and respect is lost in the community. In order to provide Staff clarity and for them to build trust with the community, his recommended the policy to be changed before implementation. Mr. Gridley stated Mr. Hartzell’s recommendation would be easy to administer. He stated context sensitive solutions are a part of what any City goes through, particularly in older neighborhoods. He stated he believes it is appropriate to follow the direction of the residents. He encouraged the Council to think through trail connectivity and consistency. He stated Montrose Road is different because Page 6 of 8  City Council Meeting Minutes Wednesday, November 9, 2022 there is no connectivity for trails. He stated survey is not a vote, it is feedback with a low survey count. He encouraged the Council to have independent decisions instead of basing the decision off of the survey since the sidewalk or trial would be permanent. He stated policies will need to be reviewed and have language around context included and defined. Mayor Burt moved, seconded by Councilmember Morris, to authorize the construction, which is consistent with neighborhood feedback, of a trail along Queens Drive and a sidewalk along Montrose Road. Voting via voice: Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye D. Authorization for Memorandums of Understanding for Cannabinoid Products License Applicants Meeting Certain Criteria Annie Coyle, Assistant to the City Administrator/Deputy Clerk stated in the previous City Council meeting the Council directed Staff to find a solution for businesses that are otherwise eligible for licensure but ineligible due to their location. She stated she has had an opportunity to speak with businesses who are in the situation and could be eligible if Council choses to give the authorization. Mayor Burt asked how many businesses would meet the certain criteria. Ms. Coyle stated 2 businesses. Councilmember Santini noted a discrepancy in the resolution stating the date should be noted as August 2022 instead of August 2021. Councilmember Wilson asked if they were changing the law. Mr. Gridley stated the resolution would be to offer more time. Councilmember Morris stated it is temporarily considering a part of the ordinance to not enforce the two businesses. Mr. Gridley added it would include a specified time period. Ms. Coyle stated it would be included in the Memorandum of Understanding. She added it would allow time for businesses to move and collectively move into an engagement process and get the feedback to bring recommendations to Council. Mr. Gridley stated it will allow them to see if there are changes to Legislation. Councilmember Santini stated at some point there will be a review of various ordinances in order to potentially change ordinances and standards. Councilmember Wilson asked if all businesses received a letter asking to apply for a license by a certain date. Ms. Coyle stated they did not. Councilmember Morris stated since it was an unregulated product, it is unknown which businesses are selling cannabinoid products. Councilmember Wilson asked business owner of Smokeless on 8470 City Center Drive Jesse Griffith, how he knew to apply for a license. Mr. Griffith stated he followed what city council’s around the metro might do about cannabinoid products. They have followed city council agendas and have preemptively reached out to city council’s to be a part of the discussion. In addition they have a legislative specialist that keeps an eye on it. Councilmember Morris moved, seconded by Councilmember Santini, To adopt the following resolution Resolution 22-220 Resolution of the City of Woodbury, Washington County, Minnesota authorizing Memorandums of Understanding for Cannabinoid Products License applicants that meet certain criteria. Voting via voice: Kim Wilson – nay Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Transportation Report (2nd meeting of the month, May-October) No items scheduled Page 7 of 8  City Council Meeting Minutes Wednesday, November 9, 2022 City Administrator’s Report City Administrator Clinton Gridley gave a verbal update of upcoming City meetings.  November 21, 2022 –Planning Commission Meeting on Copper Ridge 9th Addition  November 30, 2022 –Public Hearing for Haiku Japanese Dinkytown, Inc., On Sale wine and beer liquor license, 7:00 p.m. Council Chambers Councilmember Wilson asked if there is an engine breaking ordinance in place. Mr. Gridley stated he would follow up. Adjournment Mayor Burt moved, seconded by Councilmember Morris, to adjourn the meeting at 8:13 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 November 30, 2022 Page 8 of 8