City Council

Minutes Woodbury City Council Wednesday, November 29, 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 29th day of November 2023. Call to Order Mayor Anne Burt called the meeting to order at 7:18 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. 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; Janelle Schmitz, Community Development Director; Eric Searles, Assistant Community Development Director/City Planner; and Chris Hartzell, Engineering Director. Special Order of Business A. Report on November 15, 2023 Closed Session Regarding City Administrator Performance Review City Attorney Kevin Sandstrom stated a closed session was held on November 15, 2023 to conduct a performance review for City Administrator Clinton Gridley. The people present during the meeting were Mr. Sandstrom, the five Councilmembers, Mr. Gridley, and consultant Chad Weinstein. Mr. Weinstein had previously provided input from the five Councilmembers regarding Mr. Gridley’s performance and drafted a report. The majority of the meeting was reviewing the report and the Councilmembers providing additional input. Overall the report was positive with additional constructive feedback for Mr. Gridley to continue to work and improve on for next year. 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 – November 8, 2023 Item B To adopt the following resolution Resolution 23-190 Resolution of the City of Woodbury, Washington County, Minnesota adopting Council Directive CD- PKREC-7.2, as revised on November 29, 2023, as the City’s official Recreation Program Scholarship Policy effective November 30, 2023. Item C Chick-fil-A East; Site and Building Plan and Final Plat; Project Nos. 03- 2023-00519, 03-2023-00520. This item was removed from the Consent Agenda and moved to the Discussion portion of the meeting.  City Council Meeting Minutes Wednesday, November 29, 2023 Item D 2024 Regional Solicitation and Local Road Improvement Program; Approval of Grant Application Submittals. This item was removed from the Consent Agenda and moved to the Discussion portion of the meeting. Item E Safe Streets and Roads for All (SS4A); Consultant Selection; Kimley-Horn Professional Services Agreement for Safe Streets for All Action Plan. This item was removed from the Consent Agenda and moved to the Discussion portion of the meeting. Item F To adopt the following resolution Resolution 23-196 Resolution of the City of Woodbury, Washington County, Minnesota authorizing use of the Trunk Water and Sanitary Sewer Fund and execution of a consultant services agreement with Advanced Engineering and Environmental Services (AE2S) for the Southeast Area Water Tower Siting Study. Item G To adopt the following resolution Resolution 23-197 Resolution of the City of Woodbury, Washington County, Minnesota awarding the construction contract to Nadeau Companies and authorizing the Mayor and City Administrator to sign contract. Item H To adopt the following resolution Resolution 23-198 Resolution of the City of Woodbury, Washington County, Minnesota authorizing a professional services agreement with WSB and the use of Trunk Water and Sanitary Sewer Fund for final design and bidding services for the Hargis Parkway and Woodlane Drive Distribution Pipeline Project. Item I To adopt the following resolution Resolution 23-199 Resolution of the City of Woodbury, Washington County, Minnesota approving the 2024/2025 Income Contract with Minnesota Department of Corrections (MnDOC) for services of the Institutional Community Work Crew (ICWC) and authorizing the Mayor and City Administrator to sign said income contract. Item J To adopt a motion approving SWCTC to submit the application for an LPFM permit from the FCC on behalf of the City of Woodbury. Item K To adopt the following ordinance Ordinance 2043 Ordinance of the City of Woodbury, Washington County, Minnesota amending Woodbury City Code Chapter 2, Administration, Article VIII Boards and Commissions, Division 3 Audit and Investment Commission, Section 2-372 Membership. Item L To adopt the following resolution Resolution 23-200 Resolution of the City of Woodbury, Washington County, Minnesota approving applications for Minnesota Lawful Gambling LG214 Premises Permit and Minnesota Lawful Gambling LG215 Lease for Lawful Gambling Activity for Woodbury Athletic Association at Northern Taphouse Woodbury located at 7325 Currell Boulevard. Item M 1. To adopt the following resolution Resolution 23-201 Resolution of the City of Woodbury, Washington County, Minnesota approving the additions and changes to the Woodbury Employee Handbook Sick Leave Benefit Policy. 2. To adopt the following ordinance Ordinance 2044 Ordinance of the City of Woodbury, Washington County, Minnesota amending Chapter 2 Article V Personnel Division 3 Employee Benefits. Item N 2024 Classification and Compensation Plan for Unrepresented Employees. This item was removed the Consent Agenda and moved to the Discussion portion of the meeting. Item O To adopt a motion appointing the persons, as listed within Council Letter 23-270, to City Advisory Commissions as well as appointment of Chairpersons and Vice Chairpersons (Chair and Vice Chair appointments are for one year) to each Advisory Commission, effective January 1, 2024. Page 2 of 15  City Council Meeting Minutes Wednesday, November 29, 2023 Item P To adopt a motion approving issuing a Cannabinoids Product license to Yayin Gadol, LLC dba Top Ten Liquors, 9887 Norma Lane, Suite 104. Item Q To approve renewing the cannabinoid product license of the businesses on the list attached to Council Letter 23-272 for the period of January 1, 2024 through December 31, 2024. Item R Establishment of a Destination Marketing Organization. This item was removed the Consent Agenda and moved to the Discussion portion of the meeting. Item S 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 November 3, 2023 in the amount of $1,984,639.75, November 9, 2023 in the amount of $3,958,843.94 and November 17, 2023 in the amount of $1,994,088.99. Councilmember Santini moved, seconded by Councilmember Date, to approve the Consent Agenda items with the exception of items 6C, 6D, 6E, 6N and 6R. Voting via voice: Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Public Hearings A. Central Service Center; Conditional Use Permit, and Site and Building Plan; Project No. 08-2023-00524 Mayor Burt declared the public hearing open. Community Development Director Janelle Schmitz stated Washington County has submitted an application for a Conditional Use Permit and Site and Building Plan for a two-story, 31,000 square foot governmental office building which will house their new service center. The property is located a south of Guider Drive and east of Woodlane Drive. The property is zoned B-3, Planned Shopping Center District and is guided as Places to Shop on the Land Use Plan. Ms. Schmitz explained that the area was studied as part of the Gold Line station area master plan. As a part of the plan, there were several design and use guidelines that were recommended. From a use perspective, the site would be best suited for service, hospitality or office uses. It should be thoughtfully planned for ride share and drop off areas throughout the site. There should be a multi-use trail along Woodlane Drive from the station area to Valley Creek Road. The proposed government use is consistent with both service and office uses that are identified in the master plan. A CUP is required for governmental uses in a B-3 district. Ms. Schmitz noted that the front of the building will have a dedicated drop off area and a sidewalk that would connect to the Park and Ride facility. A condition is included that states prior to the issuance of a land disturbance permit, the County and City are working collaboratively to implement a pedestrian connection along Woodlane Drive. The permit is not anticipated until sometime in the spring of 2024 which allows the City time to complete the legal documents between the City and the County regarding the trail. Ms. Schmitz stated there are two proposed accesses on the site plan. The northern access would be across from the buss access for the park and ride. The second access point is located to the south and allows for quick drop offs. She displayed for the Council where the pedestrian access would be located on the site. The ordinance does not specify the parking ratio for governmental uses but rather it is to be determined by the Planning Commission and the Council. Staff has identified that government uses typically have a less intense parking than a traditional office. Staff is recommending a ratio of one stall per 255 square feet, which equates to 123 stalls. Ms. Schmitz mentioned that the zoning ordinance requires that commercial buildings be constructed of a minimum of 65% class one materials which includes brick, glass and stone. The applicant is proposing 71% class one materials and would include brick to match the park and ride, as well as floor to ceiling glass and metal panels. Ms. Schmitz stated that a neighborhood meeting was held on October 26, 2023 with no one in attendance. The Planning Commission meeting reviewed this item on November 20, 2023 and recommended approval by a 5-0 vote subject to the several conditions. Some questions that were raised during the Planning Commission were related to the history of the site and its marketability for other uses such as retail. They asked about architecture and building materials and compatibility with the park and ride. They discussed landscaping along Woodlane Drive and pedestrian safety and visibility. They asked about lighting and the proximity to the apartments. Page 3 of 15  City Council Meeting Minutes Wednesday, November 29, 2023 They discussed parking needs and the parking ratio. In addition, there was discussion regarding sustainability and construction methods as well as the timeline for the pedestrian connection completion. Washington County Commissioner, District 2, Stan Karwoski expressed his excitement about the new building and the ways that it would serve the community. He noted his appreciation for the partnership with the City. Applicant Mandy Leonard noted she is the senior project manager on the project. The selected parcel was a remnant of the lot split for the Gold Line park and ride project. She noted that B-3 guidelines have been used to drive the decisions being made. A partnership has been made with Xcel Energy and their design assistance program to evaluate elements of the design and maximize the energy efficiency for the site. The facility is designed to be north-south facing to maximize the solar gain and loss values on the site. It is also ideal for energy efficiency and occupancy comfort and will provide good natural light. The facility is designed to be solar ready and this will be presented to the County Board in January. Based on the preliminary evaluation of the new facility, the County will be able to reduce the cost per square foot on energy use by approximately 60%. Ms. Leonard explained that the energy efficiency elements of the building include high efficiency heating and cooling, LED lighting with daylight harvesting sensors, and additional occupancy sensors. The largest visible sustainable element is the use of mass timber since it is an environmentally sustainable building product and a low carbon alternative to steel and concrete. Additional elements included in the design are drought tolerant native plantings in the landscaping, dark sky compliant lighting, and infrastructure for EV electrical charging. The interior design of the space maximizes flexibility by creating shared spaces for each department, multiple uses for both staff and customers and allows team collaboration to be maximized. This will allow for keeping the building smaller than previously anticipated. There will be enhancements to ADA accessibility and inclusivity by including wellness rooms, mother’s rooms, and a companion care restroom. She thanked the Woodbury Staff during the design process. Mayor Burt asked what services would be included in the building and how it compares to current services in the existing County building. Ms. Leonard replied that the existing building is only a license center and career force center. The new building will have a public health clinic and the career force center will continue to be in the new building with additional interview rooms included that will be shared between community services, community corrections and public health. Additional meeting spaces will be included that each of the departments are going to share and utilize. Mayor Burt noted that the new building is 31,000 square feet and asked how many square feet the current building is. Ms. Leonard replied that the current building is 20,000 square feet. Councilmember Wilson asked if the number of employees would be increased. Ms. Leonard explained that the license center would have the same number of staff, and all of the other departments will be flexible with the number of staff they have. 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 Morris expressed his concern that there would not be enough parking since there is not enough parking at the current facility and asked Staff to clarify the strategy on how many parking stalls there would be. Ms. Schmitz explained that Staff and the County believe that the number of stalls will be adequate for the staffing needs. She noted that the current building has roughly 45 parking stalls and that the new building would have significantly more parking stalls. She added that if there is a big event, such as elections, the park and ride parking will allow for additional parking. Councilmember Morris asked how many employees there would be. Assistant Community Development Director/City Planner Eric Searles replied that the existing building has two parking areas with one being for guests and the other being for employees. The employee parking area has about 35-40 parking stalls. The guest parking area has about 47-50 parking stalls. Councilmember Wilson noted that if the same number of employees are assumed, there would be about 80-90 guest parking stalls at the new facility. She noted that there is not a lot of additional parking especially since there are new services that will be provided there. She understands that there is additional parking at the park and ride but noted that people would not want to park there and have to walk to the facility. Councilmember Morris asked if there would be a consideration for a restriction on the amount of employee parking allowed on site, and that any additional employees would need to park in the ramp. Councilmember Date stated that the County could create the policy, but did not believe it was appropriate for the City to include it as a condition. She added that if there were any parking issues, she would hope that the County would address those issues with their employees. She noted that the increased square footage seems to be equal to the amount of parking that would be needed. Councilmember Date noted that there does not seem to be any pull through opportunities in the parking lot design and that there would be a lot of backing in and out of parking spots. She asked if that would be problematic in the future. Mayor Burt added that pull through Page 4 of 15  City Council Meeting Minutes Wednesday, November 29, 2023 opportunities are great but then the landscaping and greenspace is lost. Ms. Schmitz agreed and stated that she believed that the City has a 30% impervious surface requirement. Ms. Schmitz added that the County has worked with their employees to park off site in the past to allow additional parking for customers. Mr. Searles explained that Council could add a condition that prior to issuance of a land disturbance permit the applicant shall submit a parking plan which identities strategies and policies to ensure adequate customer parking is available at all times. This would provide a proactive opportunity to be upfront with the decision making. Councilmember Morris asked what snow removal would look like since it was a no push zone. Ms. Schmitz replied that the snow would likely need to be trucked off site. Mayor Burt asked to explain the term “day light harvesting.” Ms. Leonard stated that day light harvesting is when lights near a window will sense when natural light is coming into the building and will adjust accordingly. Councilmember Santini added that cleaning would be provided during the day so that lights would not be needed at night for cleaning. She explained that the Planning Commission believed it was important for the Council to consider having their own environmental standards and if it should be required from other governmental agencies that may have buildings in the City. Councilmember Wilson expressed her surprise that the EV charging stations would not be included immediately. Councilmember Wilson asked who would be funding the sidewalk on Woodlane Drive. Mr. Searles stated that as part of the conditions of approval, it is identified that Washington County must enter into either a purchasing agreement or a corporative agreement with the City to facilitate the pedestrian infrastructure along Woodlane Drive. The framework of the agreement is generally a swap of the costs of the construction of the pedestrian infrastructure in return for the existing service center building and property adjacent to the public safety building. The agreement will be in front of Council for evaluation in the upcoming months. Since there is a collaboration with the County and the City, there has been a creative solution. Councilmember Wilson asked if there would be a trail all the way up to Valley Creek Road or along the property. Mr. Searles replied that ultimately it will go all the way up to Valley Creek Road. For the project, the County will build the trail within their property boundaries. As part of the cooperative agreement, the City would then step in and deliver the rest of the pedestrian infrastructure to connect with Valley Creek Road. Mayor Burt asked to display the proposed trail. Ms. Schmitz explained that the study would determine if the trail would be on the west or east side. Councilmember Date clarified that having pull through spaces in the parking lot is a safety consideration. Councilmember Morris agreed and added that snow removal would be easier with more pull through spaces. Councilmember Wilson agreed. Councilmember Date stated that the recommended condition that Mr. Searles suggested would accomplish what the Council is saying and that they are providing the input now so that it would hopefully be considered. Councilmember Morris asked if Staff would re-engage with the engineering department with the County to see if there are other options on parking and for pull through options. Mr. Searles replied that they could do that and add a condition for clarity and transparency. The condition could read “the applicant shall evaluate opportunities to increase the number of pull through spaces while balancing green space.” Councilmember Morris stated that it seemed fair. Councilmember Date noted that it is not just providing pull through options but to evaluate traffic flow and safety. Ms. Schmitz noted that there were two additional proposed conditions. Mr. Searles stated that the two additional proposed conditions are: 1. Prior to the issuance of a Land Disturbance Permit, the applicant shall submit a parking plan which identifies strategies and policies to ensure adequate customer parking is available at all times. 2. The applicant shall evaluate opportunities to increase the number of pull in parking spaces while balancing green spaces. Councilmember Santini moved, seconded by Councilmember Morris, To adopt the following resolution with revisions Resolution 23-203 Resolution of the City of Woodbury, Washington County, Minnesota adopting findings of fact Voting via voice: Page 5 of 15  City Council Meeting Minutes Wednesday, November 29, 2023 Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Councilmember Santini moved, seconded by Councilmember Morris, to approve the Central Service Center Site and Building Plan, Project No. 08-2023-00524, all subject to the conditions as outlined in Council Letter 23-274. 1. The CUP approval shall expire one year from the date of City Council approval unless a building permit has been requested or a time extension has been granted. 2. Prior to the issuance of a land disturbance permit, a final landscaping plan shall be reviewed and approved by staff. 3. All fencing and retaining wall materials shall be complementary to the building materials and shall be approved in writing by the Planning Department prior to issuance of a building permit. Retaining walls greater than four (4) feet in height shall be engineered and detailed calculations shall be submitted to the City. 4. Prior to the issuance of a building permit, the Applicant shall provide a material board for review and approval by the Planning Division. 5. Prior to the application of the building material, the Applicant shall construct sample material mock-ups on site for both of the buildings. 6. Prior to the issuance of a building permit, a snow removal plan shall be reviewed and approved, in writing, by staff. 7. Prior to the release of the building permit, a landscape financial security shall be submitted. The landscaping plan shall meet all landscaping ordinance requirements including canopy coverage and tree and species diversification. 8. Prior to the release of the Final Plat for recording, the Applicant shall provide additional information regarding all trees onsite including what trees are proposed to be removed. Removal above the 30 percent of the total caliper inches is required to be mitigated. A landscaping plan identifying the mitigation inches shall be reviewed and approved by Engineering. 9. Prior to the issuance of a land disturbance permit, Washington County shall execute a purchase agreement or cooperative agreement with the City of Woodbury related to trail improvements along Woodlane Drive connecting from Guider Drive to Valley Creek Road. Said agreement shall specify construction responsibility, compensation, timelines, and other connected activities. 10. All building and site lighting shall be of a consistent style and color throughout the Planned Unit Development. All light poles, including base, shall be a maximum of 25 feet in height and shall be shoebox style, downward directed, with high-pressure sodium lamps or LED and flush lenses. Other than wash or architectural lighting, attached security lighting shall be shoebox style, downward directed with flush lenses. In addition, any lighting under canopies (building entries) shall be recessed and use a flush lens. 11. All building lighting on the eastern elevation shall be downward directed. Glare shields shall be added to the east side of all light pole fixtures and exterior lighting timers shall be reviewed. 12. All areas of the site, where practical, shall be sodded or seeded and maintained. The property owner shall mow and maintain all site boulevards to the curb line of the public streets. 13. All HVAC and other roof- or ground-mounted equipment shall be hidden from view with materials that match materials and colors used on the building. Prior to the installation all roof screening materials and colors shall be reviewed and approved by staff. 14. Any trash enclosures shall utilize wooden gates and be constructed on three sides using the same materials and patterns used on the building. 15. No exterior storage shall be permitted. 16. Prior to the issuance of a land disturbance permit, the Applicant shall provide a plan that eliminates vehicle overhang and central trail conflicts. 17. Prior to the issuance of a land disturbance permit, the Applicant shall remove the midblock trail crossing to the west of the pedestrian refuge in order to direct pedestrians to utilize the intersection trail access and refuge median. 18. Prior to the issuance of a land disturbance permit, the Applicant shall review site lines for the northern access point sign and potential parking lot vehicle conflicts. 19. Prior to the issuance of a land disturbance permit, the Applicant shall provide a landscape and lighting plan that meets the requirements from the Gold Line Master Plan. This includes planting beds within the boulevard consistent to the Guider Drive plans, pedestrian lighting spaced 120 feet on center and utilizing the “LED Post Top Luminaire Modern” fixture in bronze and set to 15 feet in height. 20. Prior to the issuance of a land disturbance permit, the Applicant shall provide revised plans that identify conflict parking stalls to be proof of parking or employee only. 21. The applicant shall evaluate opportunities to increase the number of pull in parking spaces while balancing green spaces. 22. Prior to the issuance of a Land Disturbance Permit, the Applicant shall submit a parking plan which identifies strategies and policies to ensure adequate customer parking is available at all times. Engineering Conditions 23. Prior to the issuance of a land disturbance permit, the Applicant shall be required to provide modeling to show the proposed design meets all stormwater management requirements including allowable basin depth, suitability of the selected BMP in the center of the site, volume control, slope requirements for basin drain tile, and all soil borings. Page 6 of 15  City Council Meeting Minutes Wednesday, November 29, 2023 24. Prior to the issuance of a land disturbance permit, the Applicant shall provide a robust landscaping plan to screen the visual appearance of the iron enhanced sand basins. 25. Prior to the issuance of a land disturbance permit, a construction staging plan shall be submitted and reviewed and approved by Planning & Engineering staff. 26. Prior to the issuance of a land disturbance permit, final tree canopy calculations shall be submitted to the City. 27. Prior to the issuance of a land disturbance permit, the Applicant shall provide easement documents for review and approval by Engineering staff. Following approval, the Applicant shall record the easements. 28. Prior to the issuance of a land disturbance permit, the Applicant shall submit an operation and maintenance plan for the long- term care of all on-site storm sewer, sanitary sewer, water main and roadway systems components to the City for review and approval. The Applicant will be responsible to carry out these operation and maintenance activities and to submit the appropriate documentation to the City as specified. 29. Prior to the issuance of a land disturbance permit, the Applicant shall submit final details for the pedestrian refuge to be constructed in the center of Woodlane Drive. Engineering staff shall review and approve this plan. 30. The Applicant shall be financially responsible for all applicable water, sanitary sewer and storm sewer area and connection charges. Rates applied shall be those in effect at the time of Final Plat approval and shall be memorialized in the Builders Agreement. 31. The Applicant shall be responsible for protecting the proposed on-site storm sewer filtration basins and components and adjacent storm sewer facilities from exposure to stormwater runoff, sediment and debris during construction activities. Temporary stormwater facilities may be necessary to protect the aforementioned improvements during all construction activities. Construction and maintenance of any temporary stormwater facilities shall be the responsibility of the Applicant. 32. The Developer will also be responsible for obtaining any other permits necessary from other applicable agencies, such as, MPCA, Ramsey Washington Metro Watershed District (RWMWD), Washington County, etc. prior to commencing any site activities. 33. The Applicant shall be responsible for compliance with the City’s Land Disturbance and Erosion and Sediment Control Ordinance and must obtain a land disturbance permit along with any necessary right-of-way permits from the City’s Engineering Division prior to the commencement of any site activities or site disturbance. The Applicant will also be responsible for obtaining any other permits necessary from other applicable agencies such as the Minnesota Pollution Control Agency NPDES Permit for construction activities. 34. Final grading, drainage and erosion control phasing plans must be submitted for review and approval prior to issuance of a land disturbance permit. All site activities shall adhere to the City’s Land Disturbance and Erosion and Sediment Control Ordinance, other City ordinances, NPDES permit requirements, MPCA requirements, and RWMWD requirements prior to commencing any site activities. 35. Emergency overflows (EOF) shall be shown for all catch basins, ponds, basins, rain gardens, swales, etc. proposed with the project. All emergency overflows shall be a minimum of 1.5 feet lower than the lowest ground elevation of adjacent buildings. 36. All public utility improvements and connections to the public systems shall be designed by the City in accordance with all City standard specifications, standard detail plates and standard plans. Easements necessary to accommodate public utility improvements will be determined by the final design and shall be shown on the Final Plat. Responsibility for construction of public utility improvements will be determined at the time of Final Plat approval 37. The Applicant shall be financially responsible for any cost incurred for removal and/or relocation of existing small utilities, utility poles, undergrounding existing overhead electric utilities and other associated private utilities adjacent to and within the development and/or related to the public improvements needed to service the development. 38. Street lights shall be required to be installed and maintained by the property owner at all intersections. 39. The location of landscaping irrigation lines shall be shown on the utility plan for irrigation of medians or at locations where irrigation lines cross public streets. 40. Prior to the issuance of a land disturbance or building permit, the irrigation system shall be reviewed and approved and shall be designed to meet the following design requirements:  System shall be designed by a certified irrigation contractor.  The system, including pumps, controllers, connections and irrigation line placement shall be submitted for review and approval by City staff.  Private irrigation wells as a back-up irrigation source are not permitted.  Irrigation heads shall be placed a minimum six (6”) inches from back of curb, trail, sidewalk, or other hard surface to avoid damage.  Irrigation mainlines shall be placed outside of right-of-way to avoid damage.  EPA WaterSense approved smart controllers shall be used. The controller shall be approved by Engineering Staff in writing.  Drip irrigation, high efficiency rotating nozzles, pressure regulated spray and rotors, and other efficiency component shall be used. Voting via voice: Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Page 7 of 15  City Council Meeting Minutes Wednesday, November 29, 2023 Mayor Burt asked what the timeline of the building would be. Mr. Searles replied that construction would begin in the second quarter of 2024 and occupancy would be in August 2025. B. Marcus Addition Rezoning; Preliminary and Final Plat, Project Nos. 28- 2023-00529 and 28-2023-00530 Mayor Burt declared the public hearing open. Mr. Searles stated in 2021, the City of Woodbury acquired the property located at 8386 Ranch Road to be used as the future location of the Woodbury Water Treatment Plant. As part of the acquisition, the home and accessory buildings located on the site were identified to be moved to the western portion of the site. This work has been completed and the City is now subdividing the property to separate the private residence and buildings from the future Water Treatment Plant site. There is also an application to rezone the property to R-4 Urban residential which would allow for connection to City sanitary sewer and water. Mr. Searles explained that the preliminary plat has two lots. Lot one would be deeded to the current property owner as a single family homestead. Lot two is the City owned property and the future home of the water treatment plant. Lot one would measure just over 2.2 acres and lot two just over 22.5 acres. A neighborhood meeting was held on September 21, 2023 with nine neighbors in attendance. Questions were raised regarding the timing of the plant, general PFAS, and future plant operations. Additional neighborhood meetings will be held in advance of the construction of the water treatment plant to review site designs, lighting, landscaping, and pedestrian improvements. The Planning Commission reviewed this times during the November 20, 2023 meeting and recommended approval by a 5-0 vote subject to the several conditions. 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 Morris moved, seconded by Councilmember Santini, To adopt the following ordinance Ordinance 2047 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 – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Councilmember Morris moved, seconded by Councilmember Santini, to adopt a motion approving the Marcus Addition Preliminary and Final Plat, Project Nos. 28-2023-00529 and 28-2023-00530. Voting via voice: Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Discussion Consent Agenda Item 6C. Chick-fil-A East; Site and Building Plan and Final Plat; Project Nos. 03- 2023-00519, 03- 2023-00520 Page 8 of 15  City Council Meeting Minutes Wednesday, November 29, 2023 Justin Lurk, 5200 Buffington Road, Atlanta, Georgia, pulled this item for discussion stated he is the principle development lead for the Midwest region and has been working with Staff. He made a minor request for condition 6 relating to the sidewalk. He noted that they agreed to add a sidewalk that would extend to Hudson Road but they would like to make a modification to the condition in that they do not want to be obligated to do repairs, snow removal, maintenance, and replacement on the portion that is not in front of their property and is by the gas station. Mayor Burt asked Mr. Searles to provide more information. Mr. Searles displayed a graphic of the trails and sidewalks that are identified within the area. Norma Lane is a public street and currently does not have any pedestrian infrastructure within it. The applicant is requesting approval of a walkup restaurant as well as a drive-thru use. Staff recommend construction of a sidewalk along Norma Lane to facilitate pedestrian movements consistent with the City’s design principles. Staff reached out to adjacent property owners to gain their perspective regarding the long-term maintenance of the sidewalk. The gas station property agreed that they did not see a value in the sidewalk from their business perspective. Chick-fil-A would already have snow removal equipment available to handle the segment of the sidewalk on their property. Mr. Lurk noted that many of the walkup customers park in the parking lot first and then walk up. Since it is by I-94, they do not anticipate many true walk-up customers. Mayor Burt asked if the sidewalk was needed. Councilmember Morris agreed and asked what the reason was for the sidewalk inclusion. Mr. Searles replied that generally the policies identify that if uses would benefit from pedestrian infrastructure, the applicant would be required to install them as part of the development process. Councilmember Date stated that a sidewalk would be beneficial and would not like to see it be taken out since it will add walkability and pedestrian access. She added that the applicant has a good point regarding maintaining a sidewalk that is not on their property but conversely Chick-fil-A will already have the snow removal equipment available. Councilmember Morris added that the gas station would then need to maintain a sidewalk that they did not agree to have added to their development. Mayor Burt noted that there are surrounding businesses, like the gas station, where people could get there on their bikes. Councilmember Morris noted that Norma Lane recently did a mill and overlay and the City did not put sidewalks in during that time. Councilmember Santini noted that people could walk from the nearby hotel. She agreed that there is a benefit of having a sidewalk but as a business owner, would not want the liability of maintaining a sidewalk in front of a different business. Councilmember Morris asked if the sidewalk would is part of the overall pedestrian plan or for this specific project. Engineering Director Chris Hartzell explained that if this was a new roadway, a sidewalk would be required. If Normal Lane was reconstructed, then the policy guidance would suggest looking at putting in a new sidewalk. Norma Lane had only a mill and overlay done, not a complete reconstruction, which is why a sidewalk was not added at the time. Councilmember Morris asked if Norma Lane was reconstructed would a sidewalk be added due to the uses around the area. Mr. Hartzell agreed that it would be recommended. Mayor Burt asked why the gas station could not be asked to do snow removal. Mr. Searles explained that Staff had a conversation with the property owner and they stated they did not see value in the increased maintenance that would be required for a sidewalk. Councilmember Morris asked how the sidewalk would be built and if it was within the easement. Mr. Searles replied that it was within the public right-of-way. Councilmember Date mentioned that if the sidewalk was built, people will use it. She noted that there are plenty of retail establishments and the hotel that would use the sidewalk. Councilmember Morris asked if it is a factor that the Chick-fil-A is not a dine-in restaurant and only has about 50 seats outside. He added that it is not a pedestrian heavy use. Mayor Burt asked who is responsible for replacing the sidewalk. Mr. Searles replied that according to the conditions it would be Chick- fil-A’s responsibility for the entire length of the sidewalk. Councilmember Morris asked how that would work if the sidewalk was extended along the entirety of Norma Lane. Mr. Searles explained that it would be a change in conditions. Mr. Lurk noted that there is connectivity between the hotel and to Chick-fil-A but it is not ADA compliant, as it includes stairs. Councilmember Wilson stated that she is comfortable removing all sidewalk conditions from the proposal. Mayor Burt asked Mr. Lurk if they needed or wanted the sidewalk. Mr. Lurk replied that they do not feel the sidewalk is needed or that it is much of an advantage to their business. They were agreeable to the sidewalk in order to be a good community partner. Councilmember Wilson stated that she would be comfortable removing the sidewalk or making an amendment where all business owners would be responsible for clearing and maintaining it. She added that Chick-fil-A should not be responsible for replacing the sidewalk. Page 9 of 15  City Council Meeting Minutes Wednesday, November 29, 2023 Councilmember Morris agreed with the point that it would be an insurance and liability nightmare. He noted that if the sidewalk remains, he does not like having Chick-fil-A be responsible for items that are not on their property. Councilmember Date stated that she would have a hard time letting go of the sidewalk and does not think it is fair for Chick-fil-A to be responsible and manage maintenance or repair for the other parcel. She added that sometimes they need to do what is best for the City as a whole and believes that putting the sidewalk in is best for the City as a whole. Mayor Burt moved, seconded by Councilmember Morris, to remove the condition of having a sidewalk. Voting via voice: Kim Wilson – aye Andrea Date – nay Steve Morris – aye Jennifer Santini – nay Anne Burt – aye Mayor Burt noted that they would look at the sidewalk issue when the road gets reconstructed. Mayor Burt asked if it was a two-story building. Mr. Lurk replied that it is not. Mayor Burt asked how it compares to the surrounding buildings. Mr. Searles explained that there is the front gabled element that provides a little bit of height and was a requirement of all buildings within the Signorelli PUD. Councilmember Morris asked if it was a raze and rebuild or a retro of the existing facility. Mr. Searles replied that it is a demo and rebuild. Mayor Burt asked if additional windows would be included so it did not look as much like a warehouse. Mr. Searles stated that it meets the architectural ordinance because it is brick and did not believe additional windows would be a significant architectural enhancement. Mayor Burt asked why there were so many parking stalls for a walk-up restaurant. Mr. Lurk explained that there will be 15-20 employees and several other service channels such as curb side pickup, mobile orders, Uber Eats and Grubhub spaces, etc. He added that there may be people who park and place and order and then eat in their car or at the patio. Councilmember Morris asked if this concept was new to the Twin Cities. Mr. Lurk replied that it was and that it was a newer concept in the Midwest region. Mr. Gridley stated that Council could ask for proof of parking. Council could direct a certain number of stalls as proof of parking and then have a time period for the applicant to come back to the City if they believe they need additional parking spaces and petition for them. Councilmember Santini noted that there will be large delivery trucks that will utilize the parking lot to deliver and be able to get in and out of the property. She added that the Planning Commission had concerns about the parking but after discussing it, felt as if the parking spots made sense and felt comfortable moving forward. Councilmember Date asked if there was a landscaping plan and if it was adding to what was currently there. Mr. Searles agreed that additional landscaping would be included to what is already there. Councilmember Morris moved, seconded by Councilmember Santini, to approve the Chick-fil-A East Site and Building Plan, Project No. 03-2023-00519 and Final Plat, Project No. 03-2023- 00520; with the approval subject to the conditions as outlined in Council Letter 23-258 with the removal of condition number 6. Site and Building Plan Conditions 1. All conditions of the original Planned Unit Development and Conditional Use Permit shall remain in full force and effect. 2. This approval does not include signs. A separate sign permit is required for all proposed signage. 3. Prior to the issuance of a building permit, final architectural plans shall be approved by Planning in writing. 4. All light poles shall be a maximum of 25 feet in height, including base, and shall be shoebox style, downward directed, with LED lamps and flush lens unless approved in writing by the Zoning Administrator. Other than wash or architectural lighting, attached security lighting shall be shoebox style, downward directed with flush lens. In addition, any entry lighting under canopies shall be recessed and use a flush lens. Shields shall also be added as directed by the City. 5. All electrical transformers shall be fully screened from view. 6. The Applicant shall maintain, replace, conduct snow removal, and conduct all safety inspection for the proposed sidewalk. All sidewalk related activities, identified within this condition, shall be conducted for the entire length of the sidewalk to Hudson Road. This condition was removed. 7. Prior to the issuance of a building permit, the Applicant shall submit a materials board. All final building materials and designs shall be approved by the Planning Staff in writing. Page 10 of 15  City Council Meeting Minutes Wednesday, November 29, 2023 8. Prior to the application of building materials, the Applicant shall construct sample material mock-ups on-site. The mock-ups shall be approved by the Planning Staff. 9. The final landscaping plan shall be reviewed and approved by Staff in writing. 10. Prior to the issuance of a building permit, final drainage, stormwater, grading, utility and sediment control plans shall be reviewed and approved by the Engineering Division. 11. Prior to the issuance of a building permit, the Applicant shall execute an approved Operations and Maintenance Plan for all onsite infrastructure. The plan shall include the snow storage plan. 12. Prior to the release of the building permit, a landscape financial security shall be submitted for at least 150 percent of the estimated cost of landscaping including sod. The landscaping plan shall meet all landscaping ordinance requirements including canopy coverage and tree and species diversification. 13. Prior to the issuance of a building permit, tree replacement requirements will need to be met or a payment in lieu. 14. Irrigation system information meeting the following requirements must be submitted before a land disturbance permit will be released: a. System must be designed by a certified irrigation contractor. b. The system, including pumps, controllers, connections and irrigation line placement must be submitted for review and approval by City staff. c. Private irrigation wells as a back-up irrigation source are not permitted. d. Irrigation heads shall be placed a minimum six (6”) inches from back of curb, trail, sidewalk, or other hard surface to avoid damage. e. Irrigation mainlines must be placed outside of right-of-way to avoid damage f. EPA WaterSense approved smart controllers shall be used. The controller shall be approved by Engineering Staff in writing. g. Drip irrigation, high efficiency rotating nozzles, pressure regulated spray and rotors, and other efficiency component shall be used. Final Plat Conditions 1. The PUD, Conditional Use Permit and Site and Building Plan conditions remain in full effect. 2. Prior to the release of the Final Plat, all permanent easements and rights-of-way necessary for existing and proposed street and utility improvements shall be granted to the City at no cost. 3. The Applicant shall be financially responsible for 100 percent of all storm sewer, sanitary sewer and water main area and connection charges applicable to the property. 4. Plat approval and release shall be conditional on adherence to all requirements of the city attorney, including, but not necessarily limited to, any express requirements contained in the city attorney’s plat opinion. Voting via voice: Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Mayor Burt asked what the timeline was for the project. Mr. Lurk replied that Burger King currently has a lease on the property and they would not be able to begin the project for several years. Councilmember Morris asked when the approval would expire. Mr. Searles replied that there have been conversations with the applicant about the number of extensions allowed and added that there could be an earlier termination of the current lease. Consent Agenda Item 6D. 2024 Regional Solicitation and Local Road Improvement Program; Approval of Grant Application Submittals Councilmember Wilson pulled this item from the Consent Agenda for further discussion and noted her agreement that grants are good but would like to address the gaps in the trails. She noted the Valley Creek Road, to Colby Lake, and up to Dancing Waters is a great addition. She wondered if the trail would continue down Valley Creek Road and noted additional gaps on Radio Drive. She added that many of the roads are County roads and would like to see the County be more involved. Mr. Hartzell noted the Valley Creek Road trail with the Colby Lake underpass to Dancing Waters Parkway has been in the CIP for a long time and each year has kicked it out due to a staffing resource issue or to time it with the 3M water treatment plant. Staff have evaluated what it would look like from Colby Lake to the west to Interlachen but noticed significant challenges. He explained that the formulas can be complicated since there are connections to schools, connections to regional economics, the feasibility to the project, the difficulty in being able to deliver the project, etc. The hope is to do the project over time in order to not lose the grant. Mr. Hartzell explained that the gaps on Radio Drive, Hudson Road, and Spring Hill Drive have similar circumstances. He added it goes down to scoring metrics on what could be competitive and need to be strategic and thoughtful in what is worth competing for in order to get funding. Page 11 of 15  City Council Meeting Minutes Wednesday, November 29, 2023 Councilmember Wilson stated that she is fine with the grants but would like to see the entire project looked as opposed to short segments here and there. Councilmember Morris moved, seconded by Councilmember Date, To adopt the following resolution Resolution 23-191 Resolution of the City of Woodbury, Washington County, Minnesota authorizing 2024 Regional Solicitation Grant application submittal for Valley Creek Road Trail from Colby Lake Underpass to Dancing Waters Parkway. Councilmember Wilson stated that she is in favor of the grants but in the future would like the Council to provide more direction in completing trail connections since they are aware of where the trail gaps are in the City. Voting via voice: Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Councilmember Morris moved, seconded by Councilmember Date, To adopt the following resolution Resolution 23-192 Resolution of the City of Woodbury, Washington County, Minnesota authorizing 2024 Regional Solicitation Grant application submittal for Trail Gaps on Radio Drive, Spring Hill Drive, and Hudson Road. Voting via voice: Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Councilmember Morris moved, seconded by Councilmember Date, To adopt the following resolution Resolution 23-193 Resolution of the City of Woodbury, Washington County, Minnesota authorizing Local Road Improvement Program (LRIP) Grant application submittal for Tamarack Road from Weir Drive to Radio Drive Pavement Rehabilitation. Voting via voice: Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Councilmember Morris moved, seconded by Councilmember Date, To adopt the following resolution Resolution 23-194 Resolution of the City of Woodbury, Washington County, Minnesota authorizing Local Road Improvement Program (LRIP) Grant application submittal for Weir Drive Improvements. Voting via voice: Page 12 of 15  City Council Meeting Minutes Wednesday, November 29, 2023 Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Consent Agenda item 6E. Safe Streets and Roads for All (SS4A); Consultant Selection; Kimley-Horn Professional Services Agreement for Safe Streets for All Action Plan Councilmember Wilson pulled this item from the Consent Agenda for further discussion and stated that she would like to see all of the information that they have and to put it into a document. She noted that the information that is already collected includes a bike and pedestrian plan, and a new road width. She added that they are hiring an engineer for safe streets for all. Councilmember Morris disagreed and stated that they were hiring an engineer for a specific federal program which has separate standards and restrictions. It is not a City program. Mr. Hartzell clarified that it will be specific to the City but is a federal grant program. The Council has already accepted the funds and have received the appropriations and is in the expenditures. This request is to select the consultant to deliver the program. All the data that has been collected will be a part of the plan. What makes this different is that it is a deeper level of information gathering in a comprehensive way and completed in accordance to the national standard. He added that this will set forth some policies and actionable items. Councilmember Wilson asked how the national standards will impact the City standards. Mr. Hartzell replied that the City standards fall in line with a lot of the elements and does not believe they will be in conflict. Councilmember Morris moved, seconded by Councilmember Date, To adopt the following resolution Resolution 23-195 Resolution of the City of Woodbury, Washington County, Minnesota authorizing execution of a professional services agreement with KimleyHorn for the development of a Safe Streets for All (SS4A) Action Plan. Voting via voice: Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Consent Agenda item 6N. 2024 Classification and Compensation Plan for Unrepresented Employees Councilmember Wilson pulled this item from the Consent Agenda for further discussion and stated she would be voting differently for this item due to the number of new creative positions. Councilmember Morris suggested making a motion to remove certain positions Councilmember Wilson disagreed with. Councilmember Date asked if they were all positions that the Council gave direction on during the budget workshop to add. Councilmember Morris agreed and added that if there are specific ones that Councilmember Wilson wants to oppose, he would entertain the motion. Councilmember Wilson stated that for the sake of time she would vote differently on the item. Councilmember Morris moved, seconded by Councilmember Santini, To adopt the following resolution Resolution 23-202 Resolution of the City of Woodbury, Washington County, Minnesota establishing the 2024 Classification and Compensation Plan for Unrepresented Employees. Voting via voice: Kim Wilson – nay Andrea Date – aye Page 13 of 15  City Council Meeting Minutes Wednesday, November 29, 2023 Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Consent Agenda item 6R. Establishment of a Destination Marketing Organization Councilmember Wilson pulled this item from the Consent Agenda for further discussion and expressed her concern on her desire to keep the Destination Marketing Organization within the City. She added that she has spoken with Mr. Gridley about the City infringing on someone else’s logo. Mayor Burt asked if the logo issue has been resolved. Mr. Searles replied that Staff has reached out to Discover Woodbury since they have similar design to Destination Woodbury and had a good discussion. The owner of Discover Woodbury did not have concerns about Destination Marketing Organization. Councilmember Morris moved, seconded by Councilmember Date, To adopt the following ordinance Ordinance 2045 Ordinance of the City of Woodbury, Washington County, Minnesota amending Chapter 2, Administration, Article IX Local Lodging Tax to the Code of Ordinances to Establish Funding for the Destination Marketing Organization. Voting via voice: Kim Wilson – nay Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Councilmember Morris moved, seconded by Councilmember Date, To adopt the following ordinance Ordinance 2046 Ordinance of the City of Woodbury, Washington County, Minnesota amending Chapter 2, Administration, Article VIII, Boards and Commissions, Division 2. - Economic Development Commission to the Code of Ordinances Adding Destination Marketing Functions to the Economic Development Commission. Voting via voice: Kim Wilson – nay Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Councilmember Morris moved, seconded by Councilmember Date, to adopt a motion to adopt the 2024-2026 Destination Marketing Organization Strategic Plan including Marketing and Branding Plans. 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) Page 14 of 15  City Council Meeting Minutes Wednesday, November 29, 2023 Mayor Burt noted that she asked Mr. Hartzell to share about the bridge status and Bielenberg Drive update. Mr. Hartzell stated that the project partners held the grand opening at the Bielenberg bridge. The bridge is tentatively scheduled to open to traffic in its final configuration after pavement markings have been installed later in the week. Paving is complete on Hudson Road and north and southbound lanes of Bielenberg Drive from the new bridge through the Tamarack intersection. Signal work is ongoing, and the Gold Line staff and their contractor have identified that they will be working on the signals between Bielenberg and Hudson, Tamarack Hills Business and the shopping area throughout the winter. While the signals are being worked on, there will be temporary stop configuration. Work next season will include landscaping, hardscaping, lighting, final paving south of Tamarack on Bielenberg and work on the bus guideway. City Administrator’s Report City Administrator Clinton Gridley gave a verbal update of upcoming City meetings.  December 4, 2023 – Planning Commission Meeting  December 5, 2023 – Parks and Natural Resources Commission, 7:00 p.m., Ash North and South Conference Rooms  December 12, 2023 – Economic Development Commission Workshop, 7:30 a.m., Ash North and South Conference Rooms  December 13, 2023 – City Council Meeting and Public Hearing, 7:00 p.m. Council Chambers  December 13, 2023 – Economic Development Authority/Housing and Redevelopment Authority, 7:00 p.m., Council Chambers Adjournment Mayor Burt moved, seconded by Councilmember Morris, to adjourn the meeting at 8:54 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 December 13, 2023. Page 15 of 15