City Council

Minutes Woodbury City Council Wednesday, November 8, 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 8th day of November 2023. Call to Order Mayor Pro Tem Andrea Date called the meeting to order at 7:00 p.m. She noted that item 7a was revised to reflect a change to the recommendation and to disregard all previous versions of the agenda. Mayor Pro Tem Date 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 Pro Tem Andrea Date, Councilmembers: Kim Wilson, Steve Morris, and Jennifer Santini. Absent: Mayor Anne Burt. Others Present: Kimberlee K. Blaeser, City Clerk; Kevin Sandstrom, City Attorney; Clinton Gridley, City Administrator; Janelle Schmitz, Community Development Director; and Chris Hartzell, Engineering Director. Special Order of Business A. Presentation of mini stuffed animal Otis replicas from Woodbury Police K9 Fund Donna Smith-Stafford noted there has been an increase in mental health calls and that it would be beneficial to have the mini stuffed animal Otis K9 dogs to hold onto during the call. She added that the mini stuffed animal Otis’ have done an amazing community service to Woodbury. Councilmember Morris asked where he would be able to purchase one. Ms. Smith-Stafford explained that the mini stuffed animal Otis makes a great stuffing stuffer. They can be found at www.woodburyk9fund.org to order merchandise. B. Koins for K-9s Proclamation Ms. Smith-Stafford stated that it is the eighth year being before the Council and thanked the Council for their generous support to declare November 20th through December 20th as Koins for K-9’s month. Koins for K-9 boxes go out to all of the supporting businesses. In the past seven years, over $110,000 have been raised. An excess of $90,000 has been donated for the K-9’s. To know more about the history of the Woodbury police K-9 fund visit www.woodburyk9fund.org. Ms. Smith-Stafford explained that they are promoting the little stuffies but they will not be staying since they exceed the cost of the City policy. She noted one of the stuffies is Ruby who is the only female K-9. Officer James Stoffel thanked Ms. Smith-Stafford, the fund and the City. He noted his dreams as a K-9 handler would not be realistic without the program. He stated during one of his calls, a girl had broken her arm and he gave her a Ruby stuffed animal and she replied that she was as tough as Ruby, which helped the girl get through the difficult situation. Ms. Smith-Stafford mentioned that her board has done an amazing job with fundraising, community involvement and support.  City Council Meeting Minutes Wednesday, November 8, 2023 Mayor Pro Tem Date stated the Council highly values the work that Ms. Smith-Stafford does and that they love to support it. She added that the K-9 fund is a great way for anyone, including kids, to support. Mayor Pro Tem Date read a Proclamation in full declaring November 20-December 20 2023 as Koins for K-9 month. C. A Day of Thanksgiving Proclamation Mayor Pro Tem Date read a Proclamation in full declaring November 23, 2023 as A Day of Thanksgiving. Open Forum The Open Forum is a portion of the Council meeting where a maximum of three persons will be allowed to address the Council on subjects, which are not a part of the meeting agenda. Persons wishing to speak must complete a sign-up sheet prior to the start of the meeting. Give the sign-up sheet to any staff person. Speakers are limited to two minutes each. The Council will listen attentively to comments but, in most instances, will not respond at the meeting. Typically, replies to the concerns expressed will be made via letter or phone call within a week. Consent Agenda All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion and an affirmative vote by roll call of a majority of the members present. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event, the items will be removed from the consent agenda and considered a separate subject of discussion by the Council. Item A Approval of Council Minutes – October 25, 2023 Item B To adopt the following resolution Resolution 23-181 Resolution of the City of Woodbury, Washington County, Minnesota authorizing the acceptance of 2023 sponsorship donations totaling $32,250 from Woodbury businesses, organizations and individuals. Item C To adopt the following resolution Resolution 23-182 Resolution of the City of Woodbury, Washington County, Minnesota authorizing the execution and delivery of Amendment #1 to WCCDA CDBG-CV 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 23-183 Resolution of the City of Woodbury, Washington County, Minnesota authorizing execution of a professional services agreement with Bolton and Menk, Inc., for the 2025 Roadway Rehabilitation Project and preparation of preliminary reports. Item E To adopt the following resolution Resolution 23-184 Resolution of the City of Woodbury, Washington County, Minnesota authorizing execution of a professional services agreement with WSB for the Tamarack Road from Weir Drive to Radio Drive Pavement Rehabilitation Project and authorizing the preparation of the preliminary report. Item F To adopt the following resolution Resolution 23-185 Resolution of the City of Woodbury, Washington County, Minnesota authorizing the acceptance of 50 donated mini stuffed animal replicas of the Community Support Unit’s therapy dog from Woodbury Police K9 Fund. Item G To adopt the following resolution Resolution 23-186 Resolution of the City of Woodbury, Washington County, Minnesota adopting the Washington County All-Hazard Mitigation Plan as the disaster mitigation plan for the City of Woodbury. Page 2 of 5  City Council Meeting Minutes Wednesday, November 8, 2023 Item H 1. To adopt the following ordinance Ordinance 2042 Ordinance of the City of Woodbury, Washington County, Minnesota, amending Chapter 19, Solid Waste – Section 19-1 Purpose – Section 19-2 Definitions – Section 19-3 Disposal Generally – Section 19-4 Littering – Section 19-5 Scavenging Prohibited – Section 19-6 Exception – Section 19-7 Hauler License Requirements – Section 19-8 Collection Days, Hours, Etc. – Section 19-9 Duties and Obligations of Licensed Collector – Section 19-10 Process for Designated Targeted Recyclables – Section 19-11 Storage and Placement for Collection – Section 19-12 Hauler Complaints – Section 19-13 Violations – Section 19-14 Penalty – Section 19-15 Appeal – Section 19-16 Reservation of Rights – Section 19-17 Severability 2. To Authorize staff to publish the Summary of the Ordinance Amending Chapter 19 – Solid Waste, Sections 19-1 through 19-17 in the City’s designated official newspaper, the St. Paul Pioneer Press. It should be noted that a printed copy of the entire Ordinance will be available for inspection by any person during regular office hours at the City Clerk’s office and any time on the City’s website. Item I To adopt the following resolution Resolution 23-187 Resolution of the City of Woodbury, Washington County, Minnesota certifying delinquent utility bills to the Washington County Auditor. Item J To adopt the following resolution Resolution 23-188 Resolution of the City of Woodbury, Washington County, Minnesota certifying delinquent utility bills to the Ramsey County Auditor. Item K 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 20, 2023 in the amount of $1,601,952.81 and October 27, 2023 in the amount of $1,171,982.62. 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 – absent Public Hearings A. Nuehring Garage Variance; Variance, Project No. 30-2023-00522 Community Development Director Janelle Schmitz stated Timothy and Laura Nuehring, residents at 4738 Wild Canyon Road, have submitted an application for a Variance regarding Section 24-281 of the City Code. The applicants are requesting to add onto their existing garage, bringing the total size to 1,200 square feet which exceeds the 1,000 square feet maximum. The property is currently zoned as R-2, Single Family Estate District and is guided as Rural Estate on the Land Use Plan. As a rural estate property it is not served or planned to be served by municipal water or sewer services. The lot is 1.8 acres in size and the house was built in 1986. The site has a private septic system which was replaced in 2011 and also has a private well. Ms. Schmitz explained that the site is heavily wooded and contains a wetland which places additional restrictions of where private utility systems and buildings can be constructed. The City Code currently allows up to 1,000 feet for an attached garage in residential zoning districts. The property currently has a two car attached side-loading garage and is about 530 square feet. In the R-2 district, the City Code allows a detached garage accessory structure to up to an additional 1,000 square feet. Ms. Schmitz reviewed the site constraints and noted the wetland buffer, and the location of the septic system. The site is restricted in its ability build a detached accessory structure. The site has a type 4 septic system. The City is not responsible for permitting or regulating septic systems since Washington County is responsible. There were a lot of factors that restricted where the septic system could be located. Page 3 of 5  City Council Meeting Minutes Wednesday, November 8, 2023 Ms. Schmitz stated that the property owners are proposing to add onto the existing garage and would like to reorient the garage to be front-facing versus side-loading. They are requesting that the attached garage be allowed to be expanded to up to 1,200 square feet in lieu of having a separate 1,000 square foot detached building. There is an exception in the City Code where larger homes can exceed the 1,000 square foot attached garage maximum provided that the garage is within 50% of the size of the main floor and not to exceed 2,000 square feet. The house does not meet the exception, therefore, the property owners are asking for a variance. Ms. Schmitz explained that there are various findings of fact that the City is required to make, such as being consistent with the zoning, and Comprehensive Plan, there are practical difficulties in meeting the City Code, the use is reasonable, there are unique circumstances not created by the landowner, and the request would not alter the character of the area. Economic considerations alone cannot be used to support a variance. Ms. Schmitz stated a neighborhood meeting was held on October 9, 2023 and there was no one in attendance. The Planning Commission reviewed the application during their November 6, 2023 meeting and recommended approval with a 6-0 vote, with three conditions: 1. The minimum distance of 20 feet to the garage side property line is met. 2. Future additions to the attached garage are prohibited. 3. No additional accessory buildings shall be permitted onsite. Ms. Schmitz noted the applicants were in attendance. Mayor Pro Tem Date declared the public hearing open. There were no public comments. Councilmember Morris moved, seconded by Councilmember Santini, to close the public hearing. Voting in Favor: Wilson, Date, Morris, Santini Absent: Burt Mayor Pro Tem Date opened opportunity for discussion and questions from the Council. Councilmember Wilson asked for clarification regarding the Planning Commission’s recommendation and asked why they included the second and third conditions. Ms. Schmitz replied that it speaks to the reasonableness factor. Councilmember Santini added that the Planning Commission did not come up with the conditions but that staff had provided as recommended conditions. Ms. Schmitz added that the site is constrained and that there is not a lot of room for additional structures on the site. Mayor Pro Tem Date asked if it was a one- or two-story home. Ms. Schmitz replied that it was a two-story home. Councilmember Wilson asked what would be considered an accessory building. Ms. Schmitz replied it would be a detached building such as a garage. Councilmember Wilson asked if there were any size limits as to what constitutes an accessory building. Ms. Schmitz replied that she did not know the exact numbers but that the City Code would provide that definition. Councilmember Wilson asked if the homeowners were comfortable with the restrictions and conditions. Property owner, Laura Nuehring replied that they were comfortable with the restrictions due to the constraints of the site. Mayor Pro Tem Date asked if it would preclude the property owners from doing an addition to their house or if it was simply to make the garage bigger. Ms. Schmitz replied that if the property owners can meet the requirements of the setbacks then they do not need to get a variance. Councilmember Wilson expressed her concern that condition three would limit the ability to add a small shed in the future. She asked that condition number three be removed. City Attorney Kevin Sandstrom suggested revising condition three to read no additional accessory buildings shall be permitted other than a small utility shed. Councilmember Wilson stated that it is not clear enough. Councilmember Morris mentioned that City Code would have the exact numbers of what would define an accessory building. Ms. Schmitz added that future homeowners would be able to request another variance or a waiver of the condition. City Engineer Chris Hartzell read the definition of an accessory building from the City Code. Page 4 of 5  City Council Meeting Minutes Wednesday, November 8, 2023 Councilmember Morris moved, seconded by Councilmember Wilson, To adopt the following resolution Resolution 23-189 Resolution of the City of Woodbury, Washington County, Minnesota approving a variance for the minimum attached garage size for 4738 Wild Canyon Drive Project No. 30-2023-00522. Voting via voice: Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – absent Discussion No items scheduled Transportation Report (2nd meeting of the month, May-October) No items scheduled City Administrator’s Report City Administrator Clinton Gridley gave a verbal update of upcoming City meetings.  November 14, 2023 – Parks and Natural Resources Commission, 7 p.m., Ash North and South Conference Rooms  November 15, 2023 – Council Workshop  November 20, 2023 – Planning Commission Meeting  November 28, 2023 – Economic Development Commission, 7:30 a.m., Ash North and South Conference Rooms.  November 29, 2023 – Public Hearings during the City Council meeting. Adjournment Councilmember Morris moved, seconded by Councilmember Wilson, to adjourn the meeting at 7:34 p.m. Voting in Favor: Wilson, Date, Morris, Santini Absent: Burt Respectfully submitted, _________________________________________ Kimberlee K. Blaeser, City Clerk Approved by the Woodbury City Council on November 29, 2023. Page 5 of 5