City Council

Minutes Woodbury City Council Wednesday, May 24, 2023 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 24th day of May 2023. 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: Kevin Sandstrom, City Attorney; Angela Gorall, Assistant City Administrator; Clinton Gridley, City Administrator; Jennifer McLoughlin, Senior Environmental Resources Coordinator/Sustainability Specialist; Janelle Schmitz, Community Development Director; Eric Searles, Assistant Community Development Director/City Planner; and Chris Hartzell, Engineering Director. Reorder Agenda In consideration of audience members, Mayor Burt asked that Item 8B be moved to the top of the agenda. Councilmember Date moved, seconded by Mayor Burt to amend the agenda to move item 8B to top of the agenda. Voting in Favor: Wilson, Date, Morris, Santini, Burt Absent: None Discussion 8B. Environmental Stewardship Plan; Development; Budget Amendment Senior Environmental Resources Coordinator Jennifer McLoughlin explained in 2021, Council directed staff to work with the City’s Parks and Natural Resources Commission (PNRC) to evaluate the past twenty years of environmental stewardship. Staff created an inventory of key accomplishments, events, projects, activities, programs and policies and applied it to a timeline. Once complete, the Environmental Stewardship Report and timeline were presented to City Council and the PNRC. The report showed that although the City has made significant progress in preserving and enhancing the natural environment, what is missing is a Council-approved vision or plan, outlining strategies to ensure resilience into the future. Ms. McLoughlin noted in October 2022, Woodbury City Council adopted Environmental Stewardship as a Council Strategic Initiative. The two focus areas for the strategic initiative are: • Part I: Environmental Stewardship Plan • Part II: Education and Engagement for Property Owners Ms. McLoughlin explained the reasons to develop the plan are: • Unified vision for Environmental Stewardship • Woodbury specific plan • Identify goals and prioritize actions • Better positions the City for grants  City Council Meeting Minutes Wednesday, May 24, 2023 Ms. McLoughlin highlighted the goats at Hasenbank Woods. Mayor Burt noted the electrical fence protection is better than last season and was pleased to see it. Ms. McLoughlin stated based on the priorities and project scope confirmed with the PNRC, the RFP review team recommended paleBLUEdot for the project. One of the priorities identified by staff and the PNRC is that the ESP be specific to Woodbury and the challenges and resources that are unique to the City. As stated in their proposal, “paleBLUEdot believes effective, meaningful and community specific environmental stewardship planning is grounded in robust data collection and assessment of community existing conditions and metrics.” PaleBLUEdot has experience working with 60+ communities, is intentional, best value per hour and is understanding of opportunities and challenges for local government. Ms. McLoughlin noted the proposed highlights include having a collaborative approach and will have a team that includes PNRC, Staff, and commissions. When it comes to community engagement they value experience, and a full-time staff person dedicated to equity engagement and have tools to reach as many residents as possible. They will review the existing conditions, projects, programs and develop a range of goals. They will work with the plan team, create short- and long-term goals and prioritize a list of strategies and actions. Ms. McLoughlin reviewed the project budget and proposed the Environmental Stewardship Plan to be $96,800 and contingency at $5,200 with a total budget request of $102,000 with the source of funding coming from the general fund balance. Ms. McLoughlin explained the timeline: • Summer 2023: Project kick-off, data collection, community survey • Fall/Winter 2023: Existing conditions, plan team engagement, community engagement • Summer 2024: Draft plan • Fall 2024: Community engagement implementation tools • Q4 2024/Q1 2025: Final Environmental Stewardship Plan Mayor Burt noted there were 3 people who wanted to make public comments and she had also received a number of emails. She shared several emails were in support of the decision from Jane Sharer Maier, Roger Green, Roger Otstot, Joe Ward, and Andrea Hable. Sumitra Ness, 9640 Hillingdon Road, stated she volunteers with the League of Women Voters in Woodbury and Cottage Grove Area and is the co-chair of the League’s Environmental Committee. The League of Women Voters is a non-partisan in any level of government but is always working on vital issues of concern to members and the public. The League encourages the Council to vote in favor of the City’s Staff recommendation. She noted the League has a long history of supporting environmental stewardship. Wallace Wadd, 2530 Queensport Road stated he is a member of the Parks and Natural Resources Commission but would be speaking on behalf of himself. He thanked the Council for their long-range thinking on environmental stewardship and their work with Staff the PNRC. He thanked the residents who wrote emails and showed their support throughout the years. He asked the Council to vote yes on the resolution in order to have a plan for the future. Joe Ward, 7817 Summerset Circle thanked the Council and stated it has been a long-time effort. He explained his delight in the proposal and the choice in the consultant and knows them personally and knows he is experienced and will work with community work and engagement. He encouraged the Council to vote in favor of the resolution Mayor Burt opened the discussion to Councilmembers. Councilmember Wilson asked how long the strategic initiatives were in place. Mayor Burt stated generally it is a 2-year window but some initiatives are longer such as water. It is possible this strategic initiative will be extended but the Council will continue to discuss it. Councilmember Wilson noted her concern was that the consultant fees were not included in the budget after discussing the possibility for years. She wondered what the Council was saying no to in order to make room in the budget. Mayor Burt agreed and mentioned the question is why not wait to do it during the budget process. City Administrator Clint Gridley stated it was submitted as part of the 2023 budget and went to the unfunded list. There are adequate funds in the general fund balance to accomplish the work. Councilmember Morris stated he took notes during the meeting where the Council discussed the matter. A part of the conversation was “crawl, walk, run” for the strategic initiative with the first step being to take inventory what has already been done. He noted at the time the Council knew it would come back to them when they had a better scope. Councilmember Wilson agreed and added her confusion on why it is not included in the budget to begin with if they had an idea on how much it would cost. Mr. Gridley explained the fund would come from the general fund balance and the work would be led by the environmental division of the engineering department. Mayor Burt asked if the money would shift from the general fund balance to engineering. Mr. Gridley agreed. Councilmember Morris noted the other option was a levy and the Council desired not to do that. Page 2 of 15  City Council Meeting Minutes Wednesday, May 24, 2023 Mayor Burt asked to clarify the timeline on how the funds would come out. Mr. Gridley stated the money would be encumbered and would continue to use the funding throughout the project with the budget carrying over each year. Councilmember Wilson stated she likes the environment but does not like budget amendments especially when it was known the project was coming up and chosen to put it on the unfunded list. She asked if the Council approved solar panels. Mr. Gridley stated it was a grant request for solar panels. Councilmember Wilson requested that the Council could see where the $102,000 investment was going to pay off if the resolution was approved. Mayor Burt asked Ms. McLoughlin to review the grant information. Ms. McLoughlin stated it is federal funding with a lot of it being funneled through the State. It will include solar for community buildings, and residents. It is required that cities have goals in order to understand how the money is going to be spent. Engineering Director, Chris Hartzell added the legislature has been busy and the City is still analyzing the new bills that have been passed. There will be a requirement in the next Comprehensive Plan to have priorities and goals related to sustainability, resiliency, and environmental stewardship. Councilmember Wilson asked if the strategic initiative would be enough to apply for the grants. Ms. McLoughlin stated showing that the City is creating their plan will help since eventually cities without a plan will automatically adopt the State’s plan. Mayor Burt stated there has been a massive amount of work done in the past 2 decades. She added she likes that there is community engagement included. Councilmember Date stated she was proud to be a leader in environmental stewardship and to be moving forward. She thanked the residents for being passionate and their work to bring it into fruition. Councilmember Wilson asked if the engineering department had the capacity. Mr. Hartzell stated there are 3 divisions within the department, a substantial part of the Environmental Division’s planned workload was to manage this strategic initiative. Ms. McLoughlin added something that stood out about paleBLUEdot was their experience in working with cities, which will increase staff efficiencies. Councilmember Date moved, seconded by Councilmember Santini, To adopt the following resolution Resolution 23-87 Resolution of the City of Woodbury, Washington County, Minnesota authorizing a budget amendment for development of the Environmental Stewardship Plan. Voting via voice: Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Special Order of Business No Items Scheduled Open Forum The Open Forum is a portion of the Council meeting where a maximum of three persons will be allowed to address the Council on subjects, which are not a part of the meeting agenda. Persons wishing to speak must complete a sign-up sheet prior to the start of the meeting. Give the sign-up sheet to any staff person. Speakers are limited to two minutes each. The Council will listen attentively to comments but, in most instances, will not respond at the meeting. Typically, replies to the concerns expressed will be made via letter or phone call within a week. Gavriel DePrenger-Gottfried, 11755 Independence Way, expressed his frustration over a solar panel and battery system installation that was completed several months ago but was held up due to the City’s electrical inspector. It has been difficult to pin down the specific issues that the inspector would like to see addressed. He noted the inspector has refused to approve the final inspection for him to operate for the solar installation. The manufacturer is a leader in the solar industry and has thousands of installations throughout the country. The inspector has asked if the manufacturer would be willing to draft a letter to address his concerns but they are unable to do so due to legal liability. The concern is the installation is not unique since the plans were submitted, the permits were issued and installer completed the installation in accordance with the permits, and he has been unable to turn on the system. Page 3 of 15  City Council Meeting Minutes Wednesday, May 24, 2023 Mr. Gridley stated they would address the issue individually and reach out to him. Mayor Burt asked that staff provide a follow up to the Council, as solar array systems seem to be increasing. 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 – May 10, 2023 Item B Dancing Waters 2nd Addition Site and Building Plan; Project No. 11-2022-00506. This item was removed from the Consent Agenda and moved to the Discussion portion of the meeting Item C To adopt the following resolution Resolution 23-88 Resolution of the City of Woodbury, Washington County, Minnesota authorizing acceptance of a grant for $62,653 from the 2020 Metropolitan Council Environmental Services Municipal Inflow and Infiltration Mitigation Grant Program and approving associated budget amendment to the Water and Sewer Utility Fund. Item D To adopt the following resolution Resolution 23-89 Resolution of the City of Woodbury, Washington County, Minnesota authorizing acceptance of Coordinated Capital Improvement Program Grant from South Washington Watershed District for the Stormwater Best Management Practice Maintenance projects. To adopt the following resolution Resolution 23-90 Resolution of the City of Woodbury, Washington County, Minnesota authorizing acceptance of Coordinated Capital Improvement Program Grant from South Washington Watershed District for the Regional Stormwater, Natural Resources, and Park Amenity Study. To adopt the following resolution Resolution 23-91 Resolution of the City of Woodbury, Washington County, Minnesota authorizing acceptance of Coordinated Capital Improvement Program Grants from South Washington Watershed District for the System-wide Natural Resources Management Plan and approving budget amendment. To adopt the following resolution Resolution 23-92 Resolution of the City of Woodbury, Washington County, Minnesota authorizing acceptance of Coordinated Capital Improvement Program Grant from South Washington Watershed District for improved plow blade replacement and approving budget amendment. To adopt the following resolution Resolution 23-93 Resolution of the City of Woodbury, Washington County, Minnesota authorizing acceptance of Coordinated Capital Improvement Program Grant from South Washington Watershed District for purchase of additional brine tanks. To adopt the following resolution Resolution 23-94 Resolution of the City of Woodbury, Washington County, Minnesota authorizing acceptance of Coordinated Capital Improvement Program Grant from South Washington Watershed District for purchase of tandem dump truck to improve efficiency of Enhanced Street Sweeping Program. Page 4 of 15  City Council Meeting Minutes Wednesday, May 24, 2023 Item E To adopt the following resolution Resolution 23-95 Resolution of the City of Woodbury, Washington County, Minnesota authorizing execution of the agreement with The Metropolitan Council to participate in the Citizen-Assisted Monitoring Program. Item F To adopt the following resolution Resolution 23-96 Resolution of the City of Woodbury, Washington County, Minnesota authorizing acceptance of City of Woodbury Water Treatment Property Acquisition Grant Amendment #1, Contract #188269 from the Minnesota Pollution Control Agency. Item G To adopt the following resolution Resolution 23-97 Resolution of the City of Woodbury, Washington County, Minnesota authorizing to purchase Public Safety radios. Item H To adopt the following resolution Resolution 23-98 Resolution of the City of Woodbury, Washington County, Minnesota authorizing participation in the Performance Measurement Program established by the State of Minnesota and the Council on Local Results and Innovation. Item I 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 May 5, 2023 in the amount of $579,018.92 and May 12, 2023 in the amount of $2,036,641.05 Councilmember Santini moved, seconded by Councilmember Date, to approve the Consent Agenda items with the exception of Item 6B. Voting via voice: Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Public Hearings A. Manning Avenue Apartments, Rezoning, Planned Unit Development, Conditional Use Permit, Preliminary Plat and Site and Building Plan; Project No. 01-2022-00510 Mayor Burt stated the applicant requested for the item to continue until the City Council meeting on June 28, 2023. Mayor Burt moved, seconded by Councilmember Morris, to continue the public hearing for Manning Avenue Apartments, Project No. 01-2022-00510 to the June 28, 2023 Council meeting. Voting in Favor: Wilson, Date, Morris, Santini, Burt Absent: None B. Kowalski’s Market Temporary Greenhouse; Amended Interim Conditional Use Permit, Project No. 16-2023- 00518 Mayor Burt declared the public hearing open. Community Development Director Janelle Schmitz stated Kowalski’s Market has submitted an application for an Amended Interim Conditional Use Permit to change the operation dates of their temporary greenhouse in the north area of their parking lot to allow for a later finish in the season. Their current approved dates of operation are April 30th through June 6th. The proposed project is located in the southeast corner of Valley Creek Road and Radio Drive. The property is zoned CC, City Center District and is guided as City Center on the Land Use Plan. Page 5 of 15  City Council Meeting Minutes Wednesday, May 24, 2023 Ms. Schmitz added on July 28, 1999, the City Council approved the Kowalski’s Market Special Use Permit and Site Plan, Case Nos. 99- 43 and 99-44. On April 11, 2001, the City Council approved the Interim Conditional Use Permit (ICUP) for the temporary greenhouse. The approved location of the temporary greenhouse is in the northern area of the parking lot adjacent to the bank site. This parking area is separate from the rest of the parking area and the main access drives through the site, which ensures that the temporary greenhouse location does not interfere with the existing traffic circulation. The temporary greenhouse structure itself is sixty feet long and twenty- one feet wide, with a split-rail fenced-in area for plant display. Ms. Schmitz stated the Planning Commission reviewed this application at their May 15, 2023 meeting. At that time, they recommended approval of the Kowalski’s Market Temporary Greenhouse Amended Interim Conditional Use Permit, Project No. 16-2023-00518 by a 5-0 vote. 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 they were currently opened since it stated an open date of April. Ms. Schmitz explained their existing interim conditional use permit allows them to be open, and that the amendment was for the closing date, not the start date. Councilmember Santini moved, seconded by Councilmember Morris, to approve the Kowalski’s Market Temporary Greenhouse Amended Interim Conditional Use Permit to change the dates of operation, Project No. 16-2023-00518, subject to the following conditions as outlined in Council Letter 23-125: 1. All other conditions of the original ICUP shall remain in full force and effect. 2. The operation shall be permitted from April through October. The hours of operation will be approximately 9:00 a.m. to 8:00 p.m. weekdays, and 9:00 a.m. to 6:00 p.m. on weekends. 3. All signage shall meet the Sign Ordinance requirements. 4. The on-site manager shall ensure that a daily clean-up program is performed inside and around the perimeter of the temporary greenhouse, and that the portable cash registers are brought into the main market every night. 5. No parking of customers or delivery vehicles shall be permitted in adjacent business parking lots. 6. The display and sales area shall be located within a fenced area. No product shall be permitted to be displayed outside of the fenced area. Voting via voice: Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Discussion A. Consent Agenda Item 6B. Dancing Waters 2nd Addition; Site and Building Plan; Project No. 11-2022- 00506 Assistant Community Development Director/City Planner Eric Searles stated Dean Johnson Homes has submitted an application for Site and Building Plan approval to construct 25 townhome units on the remaining lots within the Dancing Waters 2nd Addition. The project is located to the east of Dancing Waters Parkway and north of Valley Creek Road. The property is zoned as R-4, Urban Residential District and is guided as Low Density on the Land Use Plan. Mr. Searles added that in 2002, the City Council approved the Dancing Waters 2nd Addition Preliminary Plat and Site and Building Plan. The approval included 128 townhome units. Of the 128 units, 96 units were built prior to the great recession. The remaining lots were foreclosed upon and were ultimately acquired by the Dancing Waters Master Association. The Association acquired the lots to gain control of the properties to guide their ultimate development. The Association has now executed a contract to sell the lots to Dean Johnson Homes. The proposed site plan decreases the number of townhome units by seven (7) and is designed to closely meet the intent of the original design but with less overall density due to the proposed units being wider than the original. Site and Building Plan approval is required to permit these modifications and to ensure the building materials are approved prior to utilization on the buildings. Page 6 of 15  City Council Meeting Minutes Wednesday, May 24, 2023 Mr. Searles explained the proposed architecture includes a heavy component of brick. A critical portion of the Site and Building Plan approval is to establish the requirements that the proposed brick be reviewed and approved by the City Staff in order to ensure compatibility with the existing units. Staff have been involved with informal neighborhood meetings throughout the application process and many residents asked that the new building match the current character and designs of the existing brick buildings. Ms. Searles noted the Planning Commission reviewed the application at their May 15, 2023 meeting and recommended approval by a 5- 0 vote. Mayor Burt opened opportunity for discussion and questions from the Council. Councilmember Santini asked what the timeline was for construction. Mr. Searles stated they hope to start construction in September but the overall duration of construction is unknown since it is based on sales. Councilmember Santini asked how and what has been communicated to current residents. Mr. Searles explained the applicant will work closely with the Association to give updates. They held an informal neighborhood meeting a week before the Planning Commission meeting. Mayor Burt explained she is pleased with the design and work that has been done. Councilmember Morris mentioned how supportive the Planning Commission was. Councilmember Morris stated he asked to remove this item from the Consent Agenda to Discussion because it is at a different stage of development than other projects and noted the approvals are different. Councilmember Wilson asked if the development would be a part of the Dancing Waters Association. Mr. Searles stated they will be a part of the Dancing Water Association and likely will be a part of a sub-association or a member of a smaller association since there are multiple associations in the Dancing Water Association. Dan Hazaert, 1592 Headwaters Lane, stated he was President of the Master Association as well as Traditional Homes Sub-Association. In terms of the organizational structure of the association, there have been continued debates and they do not have a final resolution. The purchase agreement identities the new sub-association would be called Fields at Lands Way and would be a separate association. At issue is voting structure put into place for the 11 sub-associations which has raised issues of some homeowners not being treated the same as others and they are trying to resolve those issues. The discussion has been extensive and they are continuing to discuss. Councilmember Morris noted it is not in the conditions of approval. Mr. Hazaert added they would have a contract agreement with the new association that would be consistent with the existing maintenance and bylaws and would have access to the amenities. Mr. Searles added that this is required as part of the original PUD and platting approvals. Mayor Burt asked if they would have their own HOA. Mr. Hazaert stated they would. Marilyn Gehrman, 10793 Falling Waters Lane, Unit A, asked if there was a timeline from start to finish. Mr. Searles stated the applicant noted at the Planning Commission that construction is anticipated to start around September, but we don’t have an anticipated finish; it will be based on sales. Councilmember Date asked what was above the underground garages. Mr. Searles stated it was a courtyard. Councilmember Santini moved, seconded by Councilmember Wilson, to approve the Dancing Waters 2nd Addition Site and Building Plan; Project No. 11-2022-00506 with the approval subject to the conditions as outlined in Council Letter 23-117. 1. Approve the Dancing Waters 2nd Addition Site and Building Plan; Project No. 11-2022- 00506 with the approval subject to the following conditions: 2. All building materials shall be complementary to the existing buildings. 3. The Applicant shall submit a materials board prior to the issuance of a building permit. 4. Prior to the application of building materials, the Applicant shall construct sample material mock-ups on-site. The mock-ups shall be approved, in writing, by Planning staff. 5. All areas of the site, where practical, shall be sodded and maintained. 6. Heavy duty silt fence and adequate erosion control around the entire construction site shall be required and maintained by the Developer during construction to ensure that sediment and stormwater does not leave the project site. 7. All disturbed boulevards shall be restored with sod. The Applicant shall maintain the property to all property lines and to the curb of all public streets. 8. All sanitary sewer, watermain and storm sewer facilities installed to accommodate the site are private and shall be the Developer’s responsibility for the design, installation, maintenance, repair, replacements, operation, protection, etc. All utility inspections shall be coordinated with the City’s Building Inspections Division. Page 7 of 15  City Council Meeting Minutes Wednesday, May 24, 2023 9. The Developer shall be responsible for obtaining a land disturbance permit from the City’s Engineering Division, if applicable, prior to the commencement of any site activities as well as any necessary right-of-way permits 10. The Developer shall be responsible for obtaining any other permits necessary from other agencies, MPCA, Watershed District, etc. prior to the start of any site activities. 11. 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 during all construction activities. Temporary stormwater facilities shall be installed to protect the quality aspect of the proposed and existing stormwater facilities prior to and during construction activities. Maintenance of any and all temporary stormwater facilities shall be the responsibility of the Developer. 12. Prior to the issuance of a building permit, the Engineering Division shall review and approve the final grading and utility plans. Voting via voice: Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye A. Sienna Grove Rezoning, Planned Unit Development, Conditional Use Permit, Preliminary Plat, Project No. 26-2023-00513 - Tabled from the May 10, 2023 City Council Meeting Mayor Burt noted the item was tabled from the May 10, 2o23 City Council meeting and is being brought back to the Council now. Mr. Searles stated D.R. Horton has submitted an application for Rezoning, Planned Unit Development, Conditional Use Permit and Preliminary Plat for a new residential subdivision called Sienna Grove. The Applicant is requesting approval of 172 single family homes on 75.27 acres to be constructed over multiple phases. The property is located east of Woodbury Drive and north of Dale Road. The property is currently zoned R-1, Urban Reserve District, and is Guided as Low Density on the Land Use Plan. Mr. Searles added at the May 10, 2023 Council meeting the application was tabled by a 4-0 vote with a request to provide further information regarding the amount of acreage left to develop in sub-phase 2C. A summary of the additional information is as follows:  The City has approved developments for 85 percent of the land identified within sub-phase 2C.  The 2040 Comprehensive Plan identified development of an average of 400 lots per year within Phase 2. Through the end of 2022, the 10-year housing growth average in Phase 2 was 328 units per year.  Staff from Public Works and Community Development have identified that adequate water system capacity exists to continue to accommodate community growth. Mr. Searles noted the application is guided by numerous public policy documents including the 2030 and 2040 Comprehensive Plan, Council directive, the Capital Improvement Plan and the drinking water strategic initiative. Mr. Searles stated a core component of the 2040 Comprehensive Plan is the establishment of the phasing plan for the City which serves as policy guidance for when public infrastructure, such as roadways, sanitary sewer and water, will be available in specific areas of Woodbury. The Metropolitan Council requires communities within the metro area to provide a plan that shows growth in staged increments, and the graphic represents the Metropolitan Council’s required approach to staged growth via the creation of Phase 2 and Phase 3 within the adopted 2040 Comprehensive Plan. Mr. Searles mentioned the City has elected to further manage growth through the establishment of a sub-phasing plan through the Phase 2 Growth Management Policy. The policy was last modified in October of 2021 and included a strategic growth management tactic to split the area previously approved as sub-phases 2C into two (2) sub-phases known as 2C and 2D. The reason for the split was to create smaller phases to establish additional development control and review opportunities as it relates to water supply, housing demand and construction of necessary roadway improvements. Mr. Searles explained MUSA refers to the Metropolitan Urban Service Area and noted past projects in the earlier phases of MUSA that have been approved over the past decade. The earlier phases of the MUSA include the areas of the community that were provided municipal services prior to 2010, such as the NE Area, City Place, and the lands adjacent to the Tamarack Interchange. Mr. Searles stated the application is requesting rezoning, conditional use permit, and a preliminary plat for the 172 units with the construction happening over multiple phases. The Planning Commission reviewed this application at their May 1, 2023 meeting. At that time, they recommended approval of the Sienna Grove residential development by a 6-0 vote. Mayor Burt explained the reason the item was tabled was because the Council had questions regarding the roads and water. She asked staff to summarize the road discussion since the last Council meeting. Page 8 of 15  City Council Meeting Minutes Wednesday, May 24, 2023 Mr. Hartzell stated Dale Road is in two different phases with the western half from Radio Drive being slated for construction in 2025 and the eastern half adjacent to Sienna Grove is scheduled for 2028. The discussion included the timing of when the developments occur, when to collect the funds to support the roadway improvements and the sequencing of events in order to not prematurely age the roadways. Mayor Burt mentioned the options are to force the road to be improved but would mean it would be paid by taxpayers instead of the developer, or wait until development occurs and pays to improve the roadway. Mr. Searles explained there was a litigation between the City of Woodbury and Harstad which went all the way to the Minnesota Supreme Court. As part of the Supreme Court ruling, municipalities across the Twin Cities received further clarification from the courts about how roadways can be funded based on the statutes. One opportunity is through private construction of improvements or utilities via the 429 process to improve roadways. Mayor Burt noted the Council needed to understand the difference between the east side of Dale Road and the west side since the west side is still not improved and has had a lot of development around it. The road has sufficed for what is needed and the developer will pay for the final improvement of the road. Councilmember Morris added his issues pertain to the western part of Dale Road near Radio Drive, and that this was not successful since it has exceeded capacity and has a lot of congestion and is not pedestrian friendly. The intersection at Radio Drive and Dale Road is a large portion of the problem, but the intersection at Dale Road and Woodbury Drive has been improved to a round-about in order to handle the additional capacity. He expressed his appreciation for the update. He noted out of the issues he had with the project, he feels that his concerns with roads were addressed due to the additional information that has been given to the Council. Mayor Burt stated she has been to many school meetings to learn about their plans. She added it was unfortunate that the last referendum did not pass but noted it was a large ask. The new proposed plan is significantly reduced after the school district has looked into the demographics, growth and public input. If the new referendum passes, the issues on school capacity and crowding will be resolved. Councilmember Morris agreed but noted that the plan has not passed and they will still be over capacity even if it does pass. He noted adding more units continues to exacerbate the issue of over-capacity in the schools. He noted it is in the city code to consider schools as part of the findings, and if the Council does not want to include schools the ordinance should be reviewed. Mayor Burt agreed that schools should not be included. She noted if the referendum does not pass the school will need to do other things to address the issue. Councilmember Wilson pointed out that construction traffic already is occurring on a portion of improved roadway on Dale Road. She noted it could be possible to build the road at the same time as the development since she does not believe Dale Road could handle what is going in there. Mayor Burt asked Mr. Hartzell if Dale Road could handle it. Mr. Hartzell stated the average daily traffic is approximately 300 vehicles. A two-lane road has substantially more traffic capacity even including the proposed 172 units. He stated he does not believe it would be an issue on this roadway segment, but could see the issue with the Dale Road and Radio Drive intersection. He added they have been wanting to move the project forward for years, but the project can only move as fast as the County is ready to partner on the project. Mayor Burt noted Radio Drive is a County road which is part of the issue. Councilmember Wilson asked if Dale Road by the development is two-lane road. Mr. Searles confirmed it was. Councilmember Wilson asked if had been updated in the last few years. Mr. Searles stated it had not. Councilmember Wilson noted the road was created with the standard of having farms near it. Mr. Hartzell noted the road was built for the capacity at the time but can handle up to 5,000 to 8,000 ADT. He added they do not believe the intersection is going to be over capacity. Councilmember Wilson asked if there was a shoulder on the road. Mr. Hartzell stated it was a small shoulder but not to the width they would desire. Councilmember Wilson asked how much of the shoulder was paved. Mr. Hartzell stated he believe it was 2 feet. Councilmember Morris noted the road was included in the CIP and his concerns were diminished when he learned that there is a timeline and a plan to complete the road. Councilmember Wilson noted the 2040 Comprehensive Plan identifies 400 lots per year and over the last 10 years, that it has been about 328 lots per year. She added in the last 5 years they have averaged 600-900 lots per year. Mr. Searles stated not in phase 2, but she was correct about the entire community and noted the MUSA includes activity outside of phase 2. Councilmember Santini asked if they were distinguishing the difference between homes build and lots approved. Mr. Searles agreed and stated the numbers are based on number of units built. She noted it was difficult to vote no on the project since it is far along. She noted it has been helpful to see what portions of the sub-phase have been developed and that roughly 15% of the sub-phase is undeveloped and has smaller parcels. Mr. Searles clarified that the 15% does include some smaller ‘exception’ parcels, but that there are a few development-sized parcels that were identified as well. Mayor Burt noted there is a meeting scheduled in June to discuss a potential resolution that would to clarify what is going to be acceptable before the city open another phase. Page 9 of 15  City Council Meeting Minutes Wednesday, May 24, 2023 Councilmember Morris noted he disagreed with Staff’s assessment of being so far along the process. He added it is in City Code to ensure the infrastructure’s ability to accommodate the project. He stated there has been a magnitude of change. When the Council approved the sub-phase in October 2021 the Council did not have on their radar that the federal EPA was going to change their standards, which changed the City’s operational ability to meet demand and function adequately. During the Council workshop a few weeks ago, they discussed a change to the water policy in part due to the City’s sustainability initiative, but also to address capacity at peak demand. He appreciated the work Staff, the Council and previous Councils have done to ensure adequate water for the City. He noted times and conditions have changed since the sub-phase was approved to be opened, and that Council shouldn’t be handcuffed by policy decisions they made a year and a half ago, when times and conditions have changed. Mayor Burt emphasized that the water capacity question is related to discretionary water, and that the City has plenty of water and instituted a policy to change the amount of water used during peak times which comes from a non-needed water which is irrigation water that happens in the summer time. She asked Staff if they had a graph that would illustrate the impact the additional 172 units would have on the water. Mr. Searles stated they do not have a graphic but it is noted in the Council letter. The City distributes just shy of 3 billion gallons of water per year. At full construction of this neighborhood, likely in 2028 or 2029, it would be less than .73 percent on the current system. Mayor Burt noted it was a very small impact on water. Mayor Burt noted she is not comfortable with government changing policy in the midst of the project. Standards and practices are in place so developers can move forward and she did not believe it was fair to change course in the middle of the project. Councilmember Date noted she has said on several occasions that she is not in favor of opening sub-phase 2D unless there is a plan in place for development and water. She agreed with Mayor Burt’s comments on making changes in the middle of the project. She noted there is an area in sub-phase 2C that does not have any development applications and wondered if the Council would be more comfortable with this development application if they did not accept any more applications for the rest of sub-phase 2C. Councilmember Santini noted if that is the direction the Council decides to go, they need to figure out the direction and policy to communicate to the community, landowners and developers. She added the current conditions are still being met. Mayor Burt asked Mr. Searles if the sections on the map indicated that there were no applications on them. Mr. Searles agreed. Mayor Burt that now is not the time to determine if or how the Council deals with the rest of sub-phase 2C, and would leave that for the resolution that is being discussed at the upcoming workshop. Since there are no applications on these parcels, there may be time to do the resolution in order to address what happens in these sections of sub-phase 2C and make it clear to the public, developers and landowners. Mr. Searles stated it would be a straightforward revision to the Council Directive in order to modify the sub-phase. Councilmember Wilson stated during the time of the water study, the Council was told they would be able to continue developing at 600 homes per year and still meet the water demand capacity. It was not discussed during the time to limit water to 2 days a week. She stated she did not understand why the change to 2 days and noted the restriction apply to well users as well. She noted she has consistently had concerns regarding schools, roads and water. She added she agreed with Councilmember Morris’ comments on times and conditions have changed and in addition we have new EPA numbers coming out. The EPA guidelines have caused the City to go to 2 day irrigation. She stated 172 units does have an impact since it is on top of the other units that are approved. Councilmember Santini noted doing 2 day irrigation is not due to the quantity of water, but on the impact it has on the system during peak demand. Councilmember Date added it is expensive to design and build infrastructure so that can be used a couple of times a year by building to the peak demand day. It is also better for the lawns, and we’re limiting exposure to PFAS. Councilmember Morris noted the Council and Staff have a mission to provide quality water. He noted the Council has seen the graph that shows there will be times when the city will need to use impacted wells even without this development and using the infrastructure we have available. Times and conditions have changed. When sub-phase 2C was opened, the wells met the conditions, standards and capacity and now the standards have changed. Councilmember Wilson agreed and added under the new EPA guidelines the majority of the wells are affected. She noted a water study that was done in 2022 that showed all of the possible scenarios. She added there is an infrastructure problem that cannot meet the needs of the city that we have. Mayor Burt disagreed and noted they have the ability to further restrict the discretionary water use for irrigation and it does not have to do with the health and safety. She added irrigation takes 4 times what the standard water usage is and there is still room for growth before there is a serious problem. Councilmember Morris mentioned his argument is why there is a rush, and that it is a timing issue for him since we will be building a new water plant in the future. Mr. Gridley stated they were all on the same page except the question of policy. He noted Councilmember Morris was arguing for a dynamic policy process where if new information comes, policy should change immediately. Policy is meant to be thoughtful and be used to guide Staff. He noted Staff have brought forth initiatives in anticipation of what is coming down the road and preparing the community. He stated the crux of the issue whether to handle policy in a prospective way or in a reactive way. He asked if it is in a reactive way, is the threat great enough to do something to move away from it. Councilmember Morris stated it was something each Councilmember would need to decide individually. He added while he agreed with Mr. Gridley, he did not believe it was good governance to paint the Council in a corner to where they could not change their mind if times and conditions change. Page 10 of 15  City Council Meeting Minutes Wednesday, May 24, 2023 Councilmember Santini noted there was a difference in changing your mind and having a public process of changing the policy. She emphasized the importance of the legality side of it. Doing a resolution would be a public process where people could give feedback, comments, and objections. Councilmember Morris agreed and added he was not asking to change the policy or the rules. He noted it is in the ordinance for the Council to weigh the impact on resources and of the infrastructure capacity. He noted he is judging that the impact is greater than the win and that is his assessment of it. Councilmember Wilson ask why the Council should vote if they are saying it is too far in the process to make changes. City Attorney Kevin Sandstrom stated the new EPA guidelines came out months ago and were concerning for the City since they knew it would create an issue later down the road. There was specific discussion at the time that sub-phase 2C was already developed but made a statement that they did not need to take drastic measures at the time since there was capacity in the system to finish out the sub- phase, but they would want to look at it again before opening up sub-phase 2D. He noted his concern is that the conversation continues to center on water within new developments and questioning if development should come to a complete stop. He added the water issue is city-wide and not just due to the development application before them. The suggestion that there be future conversation about whether to amend sub-phase 2C and shift some parcels to 2D would be appropriate at a future Council workshop. Councilmember Wilson asked if the applicant asking for flexibility in the zoning ordinance and if that went against the ordinances. Mr. Searles stated they were applying for a Planned Unit Development approval which is in line with the ordinance as long as the conditions of the PUD can be met. Councilmember Wilson stated the single family lots are proposing 65 feet while the standards are 80 feet. Mr. Searles stated that through the PUD lot widths can be varied. Mayor Burt noted they have approved 65 feet in the past. Councilmember Date mentioned there is usually a return when flexibility is granted and asked what that was. Mr. Searles stated there is increased stormwater management, trail construction, and greenway corridor creation. Councilmember Date stated the Council should have further discussion about the possibility of closing those parts of sub-phase 2C that don’t have a development application, as this feels like a fair compromise. Councilmember Date moved, seconded by Councilmember Santini, To adopt the following ordinance Ordinance 2034 Ordinance of the City of Woodbury, Washington County, Minnesota rezoning certain property from R-1, Urban Reserve District to R-4, Urban Residential District. Voting via voice: Kim Wilson – nay Andrea Date – aye Steve Morris – nay Jennifer Santini – aye Anne Burt – aye Councilmember Date moved, seconded by Councilmember Santini, To adopt the following resolution Resolution 23-99 Resolution of the City of Woodbury, Washington County, Minnesota approving the Conditional Use Permit (CUP) and adopting Findings of Fact, Sienna Grove, Project No. 26-2023-00513. Voting via voice: Kim Wilson – nay Andrea Date – aye Steve Morris – nay Jennifer Santini – aye Anne Burt – aye Councilmember Date moved, seconded by Councilmember Santini to approve the Sienna Grove Planned Unit Development (PUD) and Preliminary Plat, Project No. 26-2023-00513, all subject to the conditions as outlined in Council Letter 23-126. 1. The PUD and CUP approval shall expire one (1) year from the date of City Council approval unless a building permit has been requested or a time extension has been granted by the City Council. 2. The Preliminary Plat approval shall expire six (6) months from the date of the City Council approval unless a Final Plat has been requested or a time extension has been granted by the City Council. Page 11 of 15  City Council Meeting Minutes Wednesday, May 24, 2023 3. Prior to the issuance of a building permit, the Applicant shall record the final plat. 4. Final park dedication shall be satisfied via cash dedication. Final dedication shall be memorialized in the Development Agreement. 5. A Development Agreement shall be fully executed prior to the release of the Final Plat for recording. 6. Prior to the approval of the Final Plat, all required findings of Chapter 21-16 shall be met. This includes participation for public infrastructure including storm sewer, water, sanitary and transportation infrastructure. Approval of the Preliminary Plat is conditional upon satisfactory compliance with Chapter 21-16 of the Woodbury City Code. 7. To cure the prematurity of the roadway network, the Applicant shall improve Dale Road to a two-lane divided roadway with designs approved by the City Engineer. The Applicant shall either privately construct these improvements or may request a 429 assessment for the City to allow for public construction. The construction shall be memorialized within the Development Agreement. 8. Prior to the issuance of a land disturbance permit, the Applicant shall revise the landscaping plan to add additional landscaping to Block 8, Lot 1; Block 14, Lots 12 and 13. Additionally, staff shall review and approve the final planting and seeding plan for all lots in Block 10 and the adjacent trail outlot plantings. 9. Prior to the issuance of a land disturbance permit, staff shall finalize the tree replacement calculations and method of achieving replacement or payment in lieu. 10. Prior to the issuance of a land disturbance permit, Engineering staff shall review and approve the seeding plan for the stormwater ponding area and greenway corridor. Said plan shall include a minimum of three (3) years of maintenance to establish native areas within the outlot. 11. The Applicant shall grade the boulevard and provide required stormwater management for Dale Road with the designs approved by the City Engineer. 12. Prior to the release of the Final Plat, the Applicant shall secure encroachment agreements from the pipelines. 13. Prior to the issuance of a land disturbance permit, the Applicant shall obtain all temporary and permanent easements necessary to construct utility extensions and temporary cul-de-sacs. 14. To address the findings identified in City Code Section 24-43 and as a condition of the Planned Unit Development, Conditional Use Permit, and Preliminary Plat a development phasing plan shall be implemented. Said phasing plan shall identify a restriction to final plat no more than 65 units annually from 2023-2026. Prior to approval of each Final Plat, the City shall affirm existing and future infrastructure is available and identifies that the public infrastructure services finding within Section 24-43 (c) is conditionally met at the time and may be revoked upon a change in infrastructure availability including, but not limited to, water supply as solely determined by the City Council. Furthermore, lack of existing and future infrastructure shall be viewed as a premature subdivision pursuant to Section 21-16 of the City Code. Engineering Conditions: 1. 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 will be memorialized in a feasibility/preliminary report for the project. 2. The Applicant shall be financially responsible for trunk sanitary sewer and trunk watermain lateral benefit charges applicable to the site. Lateral benefit charges will be based on the rates in effect for the year the Development Agreement is executed. 3. Prior to the issuance of a Land Disturbance Permit, the proposed stormwater facility designs shall meet the City’s stormwater design standards including infiltration, quality and quantity ponding. 4. 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 Developer 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 permit prior to commencing any site activities. 5. The Applicant shall provide approved street lighting at every intersection and/or every 300 feet. The Applicant shall also be responsible to provide major roadway street lighting if a road intersects a major collector. 6. Where public utilities and/or overland emergency overflows run 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 shall then be adjusted to the nearest five (5) foot increment. 7. The Applicant shall be responsible for protecting all on- or off-site storm sewer 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 Developer. A SWPPP shall be submitted to the City for review and approval as part of the Land Disturbance Permit process. 8. Temporary sediment basins shall be identified on the grading plan that are sufficient in size to address stormwater management during construction. These basins shall be located out of the right-of-way and be maintained throughout housing construction. 9. All homes shall have a 25-foot useable backyard area (flat for approximately 25 feet out from the house pad). 10. Outlots and easements that contain public structures and utilities shall be kept free of landscaping and retaining walls, except otherwise approved. All pond accesses and maintenance benches shall be kept free of planting, retaining walls, etc. 11. Prior to the issuance of a Land Disturbance Permit, the Applicant shall provide updated plans that provide conduit crossings for irrigation lines to avoid utility conflicts. Page 12 of 15  City Council Meeting Minutes Wednesday, May 24, 2023 12. The Applicant shall be responsible for obtaining all drainage and grading easements from adjacent property owners. Proof of easements shall be presented to the City prior to the issuance of a land disturbance permit. Discussion during the motion: Councilmember Morris asked if there was any discussion regarding the trails and the layout. Councilmember Santini stated during the last meeting she asked about the stormwater and has had previous discussions around the trails and road connections. Councilmember Morris asked what the stormwater question was. Councilmember Santini stated she asked about what the stormwater basin would look like. Councilmember Morris asked what the elevation difference was between the dry pond and the wet pond. Mr. Searles stated it is between 4-8 feet. Councilmember Date noted page 79 of the Council Packet and asked if the blue lines on the bottom were sidewalks. Mr. Searles stated it was a sidewalk. Voting via voice: Kim Wilson – nay Andrea Date – aye Steve Morris – nay Jennifer Santini – aye Anne Burt – aye B. Environmental Stewardship Plan; Development; Budget Amendment The agenda was reordered and this item was considered prior to item 4, Special Order of Business. Transportation Report (2nd meeting of the month, May-October) Mr. Hartzell stated just about everything has been completed at City Hall with the exception of some final turf restoration and highlighted the environmental division for their partnership with Ramsey Washington Metro Watershed District, Washington Conservation District and Woodbury to do rain garden plantings with the community on June 7, 2023 from 5-7 p.m. and added anyone interested in joining go to www.woodburymn.gov/raingardenplanting. Mr. Hartzell noted the 2023 Roadway Rehabilitation project in the Royal Oaks neighborhood began April 2023 and is on track to be completed in the fall of 2024. Woodbury Days and the Lions Club garage sale has been accommodated in the project schedule for this year and next. The contractor has completed all water main and water and service replacements in phase 1. There are about 19-20 phases in order to make it easier on residents. Phase 2 services on Windgate Road are scheduled to be completed this week and crews are still working on water main. Curb is scheduled to be poured the week of June 5, 2023. Councilmember Santini asked if everyone was notified on where mail was relocated during the time. Mr. Hartzell stated they have and added before construction was set up temporary mailboxes were set up. Mr. Hartzell stated pavement and curb removals have begun in phases 3 and 4. Utilities are scheduled to be completed by mid- June. Phases 5 and 6 are scheduled to begin mid-June and completed by August. Mr. Hartzell stated MnDOT is resurfacing pavements and making other improvements between 1-94 and Century Avenue through fall of 2024. The work will improve safety, traffic, and ride smoothness. Currently I-94 is reduced to two lanes in both directions from Woodbury Drive and the St. Croix River, and between the I-94, 494 and 694 interchange and Highway 120 Century Avenue. For ramp closures the on-ramp from Highway 120 to Century Avenue to eastbound I-94 is currently closed as well as the ramp from Highway 95 at St. Croix Trail to westbound 1-94 and planned to be opened by late July. For updates on the projects sign up for email updates on the project webpage. Mr. Hartzell stated northbound 494 ramp to Lake Road is closed for construction for ramp and drainage repairs and is expected to be reopened mid-July with motorist detoured to the Valley Creek Road exit to bypass the closure. Mr. Hartzell noted the Metro Gold Line bus project is underway with most of the work in Woodbury occurring in 2023 except for the stations. The overall project completion is planned for 2025. Construction of the new Bielenberg Drive bridge over I-94 began last fall. Girders are tentatively scheduled to be placed towards the end of June. Details will be communicated by the Gold Line and can find project details by subscribing to email or text updates. The Bielenberg Drive and Hudson Road intersection is closed for Page 13 of 15  City Council Meeting Minutes Wednesday, May 24, 2023 the season for reconstruction and utility work and is expected to reopen in November. Traffic on Bielenberg Drive and Tamarack Road and Hudson Road is shifted to the east side of the road to allow construction on the southbound lanes. Mr. Hartzell stated Xcel is replacing a section of critical gas main along Valley Creek Road and Colby Lake Drive. The contractor is making the final connections and pressure testing the system. Restoration to the trails and turn areas will begin June 1, 2023, and will be completed at the beginning of July. To find more about the projects visit woodburymn.gov/cip and can sign up for inTouch for current updates at woodburymn.gov/intouch. Mayor Burt asked how the public is responding regarding Royal Oaks. Mr. Hartzell noted Staff have done a great job communicating the impacts. Removal of some of the ash trees early on helped as well. He noted he has heard very little regarding the project and added the contractor and new Staff member have helped with that. The only complaint he has heard was regarding mailboxes but has not heard anything else. City Administrator’s Report Mr. Gridley noted the legislative sessions has ended and they are working to understand what has been approved. He noted about $10 million has been received through the legislative program for the Central Park project. He thanked Senator Mitchell, Representatives Cha and Hemmingsen-Jaeger for their work to support the legislative program. Councilmember Morris asked if there was a plan to have Ann Lenczewski to come back in. Mr. Gridley stated he rescheduled it since he had schedule it for August but they had completed the work early. Mr. Gridley gave a verbal update of upcoming City meetings.  May 25, 2023 –Neighborhood Meeting: Rental Licensing Community Meeting. 6 p.m. Virtually  June 5, 2023 – Planning Commission Meeting  June 6, 2023—Parks and Natural Resources Commission, 7 p.m., Ash North and South Conference Room  June 14, 2023— Council Workshop Councilmember Morris asked how the attendance has been for the Neighborhood Meetings. Ms. Schmitz stated there were about 30 people at the last in-person neighborhood meeting and went the full 2 hours with high engagement. Councilmember Wilson asked if the rest of the neighborhood meetings were held virtually. Ms. Schmitz stated the next 2 would be held virtually and would contain the same information. Mayor Burt asked if the virtual meetings could be recorded. Mr. Searles replied that they would be able to record the presentation or record the entire meeting. Adjournment Mayor Burt stated that pursuant to the provisions of Minnesota State Statute section 13D.03 and based on the advice of staff, the City Council will convene in a closed City Council meeting. The matters to be reviewed in the Closed Session will be to hold confidential discussions about the status and strategy of ongoing union contract labor negotiations and for the City Council to provide input and direction to staff on the negotiation. Pursuant to the statute, the meeting shall be recorded, and the tape preserved for two years following the signing of the contract. At the next regular City Council meeting for the benefit of the public, they will summarize the discussion or action that took place at the Closed Session. Councilmember Morris moved, seconded by Councilmember Date, to hold a City Council closed meeting for the purposes previously stated. Discussion during the motion: Councilmember Wilson asked Mr. Gridley when the June Council workshop is scheduled to discuss the development of 2C. Mr. Gridley stated it would be the second meeting in June. Voting in Favor: Wilson, Date, Morris, Santini, Burt Absent: None Page 14 of 15  City Council Meeting Minutes Wednesday, May 24, 2023 Mayor Burt adjourned to a City Council closed session at 9:15 p.m. Respectfully submitted, _________________________________________ Kimberlee K. Blaeser, City Clerk Approved by the Woodbury City Council on June 7, 2023 Page 15 of 15