City Council

Minutes Woodbury City Council Wednesday, March 27, 2024 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 27th day of March 2024. Call to Order Mayor Anne Burt called the meeting to order at 7:30 p.m., and she welcomed those attending the meeting both in person and virtually. Mayor Burt explained that members of the public may attend the meeting in person and may also join the meeting using a computer, tablet, or smartphone. She stated public comments will be accepted during the meeting both in person and virtually. Virtual questions should be submitted via the online Q&A feature within the virtual meeting link. Questions regarding the meeting will also be taken between the hours of 8:00 a.m. to 4:30 p.m. via email at council@woodburymn.gov or at 651-714-3524. Questions received after 4:30 p.m. will be responded to in the next three to seven business days. 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, and Steve Morris. Absent: Jennifer Santini Others Present: Kimberlee K. Blaeser, City Clerk; Kevin Sandstrom, City Attorney; Clinton Gridley, City Administrator; Janelle Schmitz, Community Development Director; Annie Coyle, Assistant to the City Administrator/Deputy Clerk; Jamie Fritts, Housing and Economic Development Coordinator; and Chris Hartzell, Engineering Director. 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 three 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. Bill Betten, 6306 Crackleberry Trail, explained that he has been living in the City for 36 years and did a number of roles within the City. He noted he had some observations regarding the proposed legislation that takes away the City’s power to look at and utilize the tools that they have. He explained that it was discussed that there was a shortage of 100,000 housing units in the State. There are 8,393 people in the State that were deemed homeless in 2023. There are statistics that are being brought to the City to urge them to allow the State to take over powers the City has. He noted that Minnesota is 24th in the nation in terms of affordable housing and the housing prices in the State are 13% less than the US average. He added that the City has tools and urged the Council to stand against the plan the House and Senate has to take away the power. 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. Mayor Burt noted that Staff had removed item 6G “Central Park Renovation Project; Award Elevator Work Scope Contract” due to some glitches. Item A Approval of Council Minutes – March 13, 2024  City Council Meeting Minutes Wednesday, March 27, 2024 Item B To adopt the following resolution Resolution 24-67 Resolution of the City of Woodbury, Washington County, Minnesota authorizing application to the Metropolitan Council for continuation of the Water Efficiency Grant Program. Item C To adopt the following resolution Resolution 24-68 Resolution of the City of Woodbury, Washington County, Minnesota authorizing execution of a professional services agreement with Short Elliott Hendrickson Inc. for the Woodlane Drive (Bailey Road to Wooddale Drive) Pavement Rehabilitation Project Corridor Study. Item D Commercial/Homeowners Association Cost Share Program; Authorizing the Reinstatement. This item was removed the Consent Agenda and moved to the Discussion portion of the meeting. Item E To adopt the following resolution Resolution 24-70 Resolution of the City of Woodbury, Washington County, Minnesota authorizing a Cooperative Agreement with South Washington Watershed District and use of Central District and East Mississippi River Trunk Storm Sewer Funds for the Lake Management Plans Update. Item F 1. To adopt the following resolution Resolution 24-71 Resolution of the City of Woodbury, Washington County, Minnesota approving the Cooperative Agreement with Ramsey Washington Metro Watershed District for enhanced street sweeping program in 2024 and amending the 2024 budget. 2. To adopt the following resolution Resolution 24-72 Resolution of the City of Woodbury, Washington County, Minnesota approving Amendment No. 2 to the Cooperative Agreement with South Washington Watershed District for the enhanced street sweeping program in 2024. Item G Construction contract for the 14-B Elevator work scope package to Schindler Elevator Corporation for the Central Park Renovation Project. At the request of staff, Mayor Burt removed this item from the Consent Agenda and she noted that this item will not be reviewed at this time. Item H To adopt the following resolution Resolution 24-73 Resolution of the City of Woodbury, Washington County, Minnesota approving the purchase of one Trackless MT7 articulating loader with plow, snow blower, broom and boom mounted flail from Macqueen Equipment of St. Paul for an amount not to exceed $267,500 through the State of Minnesota Cooperative Purchasing Venture. Item I To adopt a motion to renew the liquor licenses of the businesses on the list attached to Council Letter 24-86 for the period of April 1, 2024 through March 31, 2025. Item J 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 March 8, 2024 in the amount of $1,323,492.82 and March 15, 2024 in the amount of $417,011.72. Councilmember Date moved, seconded by Councilmember Morris, to approve the Consent Agenda items with the exception of 6D and 6G. Voting via voice: Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – absent Anne Burt – aye Page 2 of 13  City Council Meeting Minutes Wednesday, March 27, 2024 Public Hearings Mayor Burt reviewed the City’s Public Hearing process and stated that in order to allow for a full airing of all speaker comments, individual remarks may not exceed 10 minutes each. If a speaker determines that more time is necessary, they are advised to make a request in writing to the Mayor at least three days prior to the hearing. If there are more than three (3) green sheets submitted to make comments at a public hearing, the Mayor may reduce the individual time allotted to each speaker so that all interested parties have the opportunity to provide their comments within the aggregate thirty-minute (30) public comment period of the public hearing process. Remarks or points already made by someone else should not be repeated, unless simply to state that they are “opposed” to, or “favor” the issue. Remarks should be limited to the subject at hand only. Speakers are encouraged to coordinate presentations to the extent possible. Those in attendance at the Public Hearing will refrain from applause, or other expressions of emotion, whether in favor of, or opposition to, any particular application or argument. Inappropriate language, outbursts or criticisms aimed at individuals or groups are not allowed. A. Southern Social Woodbury LLC On Sale Intoxicating Liquor License including Sunday and Patio Sales Mayor Burt declared the public hearing open. Assistant to the City Administrator/Deputy Clerk Annie Coyle stated Southern Social Woodbury LLC has submitted an application for an On Sale Intoxicating Liquor License including Sunday and Patio sales for their new restaurant to be located at 1424 Weir Drive. The majority owners of Southern Social Woodbury LLC are:  Ben Berry 5%  Bob Kinsella 5%  HRM, LLC 7.5%  Chad Bester 7.5%  Jeff Danielson 5%  Dustin Teigen 5%  Ado Feltrin 5%  Kathy Giere 5%  Adam Roloff 5%  Jeffrey Schiltgen 5%  Jose Garcia 5% Ms. Coyle added the remaining sixteen owners own less than five percent of Southern Social Woodbury LLC. As required by City Code, a criminal history check as it pertains to liquoring licensing was conducted on each person with ownership or control of the corporation in excess of five percent and no violations that would preclude the corporation from obtaining a liquor license were found. City staff will provide the applicant with a copy of the City ordinance and alcohol violation policy which is included in our Protect Your Business manual. The applicant has submitted the license fee and background investigation fee. The City Attorney has reviewed the application and has found it to be in order. Mayor Burt moved, seconded by Councilmember Morris, to close the public hearing. Voting in Favor: Wilson, Date, Morris, Burt Absent: Santini Mayor Burt opened opportunity for discussion and questions from the Council. Councilmember Wilson asked partial owner, Bob Kinsella, when the restaurant would open. Mr. Kinsella replied there would be a soft open on April 5th and 6th. The restaurant will close on April 7th and then open again on April 8th. He added that they are pleased to be in the City and mentioned that Ms. Coyle was helpful during the process. Mayor Burt asked Mr. Kinsella what the menu and theme were like. Mr. Kinsella responded the menu is a nod to southern cuisine with shrimp and grits, fried green tomatoes as well as broasted chicken. About 50% of the menu has items such as burgers and flatbreads. He explained that Southern Social has been well received in Eagan. Councilmember Morris moved, seconded by Councilmember Wilson, to approve an On Sale Intoxicating Liquor License including Sunday and Patio Sales to Southern Social Woodbury LLC located at 1424 Weir Drive. Voting via voice: Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – absent Anne Burt – aye Page 3 of 13  City Council Meeting Minutes Wednesday, March 27, 2024 B. Approval of New Lawful Gambling LG214 Premises Permit Application and Minnesota Lawful Gambling LG215 Lease for Lawful Gambling Activity for Woodbury Athletic Association at Southern Social Woodbury LLC located at 1424 Weir Drive (Item is not a public hearing. Council action needed after close of the Southern Social Woodbury LLC On Sale Intoxicating Liquor License including Sunday and Patio Sales public hearing.) Councilmember Morris moved, seconded by Councilmember Date, To adopt the following resolution Resolution 24-74 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 Southern Social Woodbury LLC located at 1424 Weir Drive. Voting via voice: Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – absent Anne Burt – aye C. 2024 Draft Annual Action Plan Mayor Burt declared the public hearing open. Housing and Economic Development Coordinator, Jamie Fritts stated that the City is a recipient of CDBG and HOME funding from HUD and must adopt an Annual Action Plan that defines specific investment strategies, evaluates past performance and affirmatively furthers fair housing. Mayor Burt asked Mr. Fritts to explain what all of the acronyms mean. Mr. Fritts stated HUD stands for the Department of Housing and Urban which is a part of the federal government. CDBG stands of the Community Development Block Grant. He added that HOME is the Home Investment Partnerships Program. Mr. Fritts mentioned that the Annual Action Plan is a part of the five-year consolidated plan that is planned with a consortium of other grantees, which is led by the Dakota County CDA. The City is currently in the fifth year of that plan and will begin planning for the next consolidated plan later this year. Mr. Fritts explained that the HUD required timeline includes:  1/24/24: Council established funding priorities  3/27/24: Draft 2024 Annual Action Plan (AAP) Public Hearing  3/28/24-4/26/24: 30-day public comment period  5/8/24: Proposed adoption of the 2024 AAP  5/15/24: 2024 AAP submission deadline Mr. Fritts stated in January it was determined that affordable housing was one of the City’s funding priorities which would include programs that benefit households at or below 80% of the area median income. The second funding priorities is parks and public facility improvements. Mr. Fritts reviewed the previous usage of CDBG/HOME grant funds which include the 48 Woodbury first-time homeownership loans, the development subsidies (Cobble Hill Apartments, Garden Gate 2nd, Glen at Valley Creek, Orville Commons), the fair housing investments via the Fair Housing Implementation Council and twelve park improvement projects. Mr. Fritts stated that the CDBG activities that are proposed for 2024 include the four first-time ownership loans, and Carver Lake Park stairway improvement, including replacement of the existing staircase, installation of a landing, bench, and handrails, replacement of the trail and restoration of vegetation affected by construction. The City is expecting $270,277 in annual CDBG award funds and $72,261 in program income and unexpended prior year funds. It is estimated that there would be $0 in annual HOME award and $5,000 in program income for the HOME grant. Mr. Fritts mentioned that the recommended expenditures for the Program Year 2024 include the park rehab at Carver Lake Park ($180,000 of CDBG), four HRA first-time homeownership loans ($127,560 of CDBG), and project administration ($34,978 of CDBG funds and $5,000 of HOME funds). Mayor Burt moved, seconded by Councilmember Morris, to close the public hearing. Page 4 of 13  City Council Meeting Minutes Wednesday, March 27, 2024 Voting in Favor: Wilson, Date, Morris, Burt Absent: Santini Mayor Burt opened the opportunity for discussion and questions from the Council. Mayor Burt asked if there were any public comments during the process last year. Mr. Fritts replied that there were two comments, but that previous to last year the city hardly ever received comments. Councilmember Morris noted that there has been a more robust community engagement plan and asked if the engagement plan included additional outreach and engagement in order to try to solicit feedback. Mr. Fritts replied that there was nothing specifically for use of the HUD grants. Councilmember Morris asked if there was an engagement plan for the Annual Action Plan. Mr. Fritts replied that there was not. Mayor Burt noted that there has been a lot of discussion regarding the AAP throughout the past year, and that the comments received generated further discussion by interested parties. Councilmember Morris encouraged Staff to incorporate the community engagement plan into future Annual Action Plans. Councilmember Wilson asked what Staff were looking for from the community with the 30-day public comment period. Mr. Fritts replied that the initial public hearing is to let the community know that the draft version has been posted online and that the 30-day comment period is a time where community members provide comments to Staff. The comments would be presented to Council during the adoption of the plan. They are also included in the final Annual Action Plan that is submitted to HUD so that they are recorded and on the record. Councilmember Wilson recalled that Carver Lake had previous projects funded by CDBG and asked if that included the stairs. City Administrator Clinton Gridley replied that the boardwalk was constructed recently with CDBG funds, but the stairs were not replaced. Councilmember Morris moved, seconded by Councilmember Date, to adopt a motion opening a 30-day public comment period regarding the draft 2024 AAP opening on March 28, 2024 and closing at the end of day April 26, 2024. Voting via voice: Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – absent Anne Burt – aye D. Gerber Collision and Glass Public Hearing: Conditional Use Permit; Project No. 05-2023-00535 Mayor Burt declared the public hearing open. Community Development Director Janelle Schmitz stated CVG Architects has submitted an application for a Conditional Use Permit for a repair garage to be called Gerber Collision and Glass. The repair garage is proposed within the existing 11,355 square foot building located at 7930 Hudson Road. The property is zoned FC-1, Freeway Corridor District and is guided as Places to Shop on the Land Use Plan. At the May 10, 1995 meeting, City Council approved the construction of the building and office showroom use, then called Georgia Carpet Outlet. At that time the parking, site access, architecture, landscaping, and stormwater management was approved for the project. Gerber Collision and Glass is a national brand that specializes in auto collision repair. Services they offer include windshield glass service, hail damage repair, paintless dent repair, auto paint repair, bumper/fender repair, frame straightening and more. Ms. Schmitz explained that the applicant is proposing to use the exciting access point off of Hudson Road. Automotive repair uses require three spaces for each enclosed bay and one space for every day shift employee. The applicant is proposing eight interior bays, and eight employees per shift with 32 spaces required and 32 spaces proposed. The 32 spaces would be on the existing parking lot and the applicant is proposing to improve the current condition. Ms. Schmitz mentioned that the building is currently being occupied by Erskine Flooring. The zoning ordinance requires commercial buildings to be constructed with 65% class one materials which are brick, glass and stone. The building was constructed in 1995, prior to the architectural ordinance being adopted, and it is primarily constructed with concrete block. Since the applicant is not rebuilding the building, they do not necessarily need to do anything to the building itself but the City can request some improvements as part of the conditional use permit. The applicant is proposing to add 28.36% class one materials. A fence would be installed on the north side of the building facing the freeway. The zoning ordinance requires cars that are being kept on site to be completely hidden from view. The applicant is proposing to construct a masonry fence of concrete block that would match the building. Ms. Schmitz noted that there is minimum landscaping currently but the applicant is proposing to add 23 trees, 84 shrubs and numerous grasses and perennials which will meet the 25% canopy coverage requirement. The Planning Commission reviewed this application at their March 18th meeting, and recommended approval by a 6-0 vote. Planning Commission member John Kollm stated that the Planning Commission asked several questions regarding the environmental impact of the business and how they would recycle Page 5 of 13  City Council Meeting Minutes Wednesday, March 27, 2024 materials as well as how materials would be transported on and off site. There were a number of clarifying questions regarding the height and the color of the masonry wall. Questions were asked about the lighting plan since there is no pole lighting which is due to having operating hours during the day and not needing lights during the night. The commission added a condition to ensure that a specific snow removal plan was provided. The commission agreed that it was a significant upgrade to the current building. Mayor Burt moved, seconded by Councilmember Morris, to close the public hearing. Voting in Favor: Wilson, Date, Morris, Burt Absent: Santini Mayor Burt opened opportunity for discussion and questions from the Council. Councilmember Morris noted page 76 of the Agenda Packet which lays out the landscaping plans and mentioned that it is a significant improvement from the current conditions. He thanked the applicant and Staff for taking the opportunity to improve the tree coverage. Mayor Burt agreed. Councilmember Wilson asked if the building was currently occupied by Eskine Flooring. Ms. Schmitz replied that she was not sure, but had checked the website which said it was open, and when she drove by the parking lot had recently been plowed with 3-4 vehicles in the parking lot. Councilmember Wilson asked if when the applicant planned to build this project. Armand Meachum with CVG Architects, representing the Applicant, explained that Gerber Collision and Glass would like to get going on the project as soon as possible. He added that he does not believe the building is currently occupied. Voting via voice: Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – absent Anne Burt – aye Councilmember Morris moved, seconded by Councilmember Date, To adopt the following resolution Resolution 24-75 Resolution of the City of Woodbury, Washington County, Minnesota adopting findings of fact for Gerber Collision and Glass Conditional Use Permit, Project No. 05-2023-00535, with the approval subject to the conditions as outlined in Council Letter 24-89 Planning Conditions 1. All conditions of the original Planned Unit Development and Conditional Use Permit remain in full force and effect. 2. 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. 3. Prior to the issuance of a land disturbance permit, a final landscaping plan shall be reviewed and approved by staff. 4. 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. 5. The PUD shall have architectural consistency throughout the entire project by using complementary architectural features and materials on all buildings. All buildings within the PUD shall be constructed of complementary materials and shall include one common masonry (brick or stone) building material on a minimum of 15 percent of each building within the PUD. Final building materials shall be approved in writing by the Planning staff. 6. Prior to the issuance of a building permit, the Applicant shall provide a material board for review and approval by the Planning Division. 7. Prior to the application of the building material, the Applicant shall construct sample material mock-ups on site for both of the buildings. 8. Prior to the issuance of a building permit, the snow removal plan shall be finalized and approved, in writing, by staff. 9. 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. 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 Page 6 of 13  City Council Meeting Minutes Wednesday, March 27, 2024 style, downward directed with flush lenses. In addition, any lighting under canopies (building entries) shall be recessed and use a flush lens. 11. 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. 12. 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. 13. Any trash enclosures shall utilize wooden gates and be constructed on three sides using the same materials and patterns used on the building. 14. No exterior storage shall be permitted. 15. The applicant shall pay park dedication prior to the release of the final plat. 16. The Final Plat shall be approved by the City Council and released for recording prior to the issuance of a building permit. 17. All drive aisles shall have a minimum width of 25 feet. 18. Prior to the issuance of a building permit and cross parking and access easement shall be recorded for all lots within the development. Engineering Conditions 19. Final grading, drainage, utility 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. 20. 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. Prior to the issuance of a land disturbance permit, EOF locations shall be reviewed and approved by the Engineering Department. 21. Prior to the issuance of a land disturbance permit, a construction staging plan shall be submitted and reviewed and approved by Planning & Engineering staff. 22. Prior to the issuance of a land disturbance permit, final tree canopy calculations shall be submitted to the City. 23. 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. 24. 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. 25. The Applicant shall be responsible for protecting the 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. 26. 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. 27. 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. 28. 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. 29. Street lights shall be required to be installed and maintained by the property owner at all intersections. 30. 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. 31. The new intersection of the private driveway and Stephens Way shall be required to install a stop sign on the private driveway southbound. The stop sign shall be owned and maintained by the property owner. 32. The Developer shall be responsible for installing the sidewalks within the project. Subsequent to installation, the sidewalks within the project and shall be maintained by the property owner. Such maintenance shall include but not be limited to promptly removing ice and snow, other obstructions, and repair and replacement as necessary to ensure the safe passage of pedestrians. 33. Prior to issuance of a building permit, the Applicant shall submit a plan identifying placement of no less than four (4) inches of an acceptable topsoil mix as determined by Planning staff. 34. Prior to installation of sod, the Applicant shall provide written verification that a minimum of four (4) inches of topsoil has been placed throughout the site. Prior to installation of the sod, the City shall inspect and approve the placement of the topsoil in writing. Page 7 of 13  City Council Meeting Minutes Wednesday, March 27, 2024 35. Prior to the issuance of a land disturbance permit, the existing back-up connection to the municipal water for the stormwater irrigation reuse system must be updated to meet current City requirements. The air gap shall follow the City’s detail and shall be reviewed and approved in writing by the Engineering Department. 36. Prior to the issuance of a land disturbance permit, the Applicant shall provide final documentation of irrigatable area onsite. 37. Prior to the issuance of a land disturbance permit, final irrigation reuse system and controls shall be reviewed and approved in writing by the Planning staff. The proposed reuse system shall be designed to meet stormwater management requirements and must meet the following design requirements:  System must be designed by a certified irrigation contractor.  The system, including pumps, controllers, connections and irrigation line placement must be submitted for review and approval by City staff.  The system must include a connection to municipal water as a back-up irrigation source – this connection must include an air gap or other backflow prevention practice.  Municipal water cannot be pumped into a pond to be later pumped into the irrigation system.  Private irrigation wells as a back-up irrigation source are not permitted.  Irrigation heads shall be placed a minimum six (6”) inches from back of curb, trail, sidewalk, or other hard surface.  EPA WaterSense approved smart controllers shall be used. The controller shall be approved by the Engineering staff in writing.  MP rotator heads or equivalent shall be used. Voting via voice: Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – absent Anne Burt – aye E. Kiddie Academy; Conditional Use Permit; Preliminary Plat; Site and Building Plan; Project No. 05-2023-00539 Mayor Burt declared the public hearing open. Ms. Schmitz stated Launch Properties, LLC has submitted an application for Conditional Use Permit, Preliminary Plat and Site and Building Plan for a new, 11,000 square foot daycare facility to be called Kiddie Academy. The property is located west of Bielenberg Drive and south of Tamarack Road. The property is zoned GW, Gateway District and is guided as Gateway on the Land Use Plan. Ms. Schmitz explained at the March 27, 2019 meeting, City Council approved the Launch Tamarack Planned Unit Development (PUD) which included the site and building plan approval for the existing dental office building (Salute) and the bank with a drive-through (Premier Bank). The PUD also established parking requirements, stormwater management, pedestrian access, landscaping, wetland preservation, the extension of Stephens Way, architecture, and traffic. Ms. Schmitz mentioned that traffic and land use implications were reviewed for the subject property with the Costco PUD in 2016. The PUD authorized the transfer of permitted retail square footage from a number of sites adjacent to the Tamarack Interchange, including the subject property, to the Costco property. The remaining sites are required to provide only Places to Work land uses. Daycare facilities have historically been considered a Places to Work land use and are a supportive service to Places to Work. The proposed Kiddie Academy will employ 25 full-time staff members. Ms. Schmitz stated the applicant is proposing to utilize the existing access points as well as creating a new access point off of Stephens Way which would create four total access points to the site. The pedestrian access point would be provided by some private sidewalks which would tie into the property to the north. There would be a future sidewalk connection to the trail along Bielenberg Drive. The Ordinance requires one parking stall per 200 square feet. With the site being 11,000 square feet there will be 55 parking stalls required and the applicant is proposing to install all 55 stalls. The applicant anticipates future cross parking and access easements with the adjacent properties. In order to eliminate vehicle conflicts and peak drop off and pick up times, the applicant is proposing to restrict some of the parking stalls to staff. Ms. Schmitz reviewed the architecture of the building. The Architectural Ordinance requires that 65% of class one materials are used. The PUD additionally identified that the buildings be constructed to have complimentary materials including one common masonry building element on a minimum of 15% of the building. The proposed building is 65.1% class one materials and it is utilizing 40% of the same dark brick that is found on surrounding buildings. Ms. Schmitz explained that the Zoning Ordinance requires that there is 25% tree canopy. The applicant is proposing 41 trees, 110 shrubs and numerous perennials to complement the existing site. The Planning Commission reviewed this application at their March 18th Page 8 of 13  City Council Meeting Minutes Wednesday, March 27, 2024 meeting and recommended approval by a 6-0 vote. Mr. Kollm stated the Planning Commission had several questions about the access into and out of the site on Stephens Way and what the operational process would be for peak drop off and pick up times. There was additional discussion regarding the peak parking and cross easement when needed for special activities that may happen on the site. There was discussion about safety protocols in the building design with emphasis on the bollards that are included in the parking area for safety of the playground. The grading of the building is nine feet above Stephens Way. It was confirmed during the Planning Commission meeting that the applicant will need to update the snow storage plan since the landscaping is not in line with what the City requirements are at this time. Mayor Burt moved, seconded by Councilmember Morris, to close the public hearing. Voting in Favor: Wilson, Date, Morris, Burt Absent: Santini Mayor Burt opened opportunity for discussion and questions from the Council. Councilmember Wilson mentioned that she would like to ensure that there will be sidewalk connectivity within the development since a sidewalk or trail cannot fit on Stephens Way. Ms. Schmitz showed the Council where the existing and future sidewalks would be on a graphic to illustrate what the connectivity would look like. Councilmember Morris noted that the trail on the west side of Bielenberg Drive terminates south of Stephens Way due to the marsh land. Pedestrians coming north would likely cross at the new traffic signal at Stephens Way due to the trail terminating. Applicant Josh Orloff, 9271 6th Street North, Lake Elmo explained that he was one of the owners of Kiddie Academy. Jenna Albers added that she is from Kiddie Academy corporate and would be representing the project. Mayor Burt asked the applicant to comment on the need for childcare in the City. Ms. Albers replied that when Kiddie Academy is interested in a community, they look into the demographics to ensure that the proper age brackets are present. She added that Woodbury definitely has a need for more childcare options. Mr. Orloff noted that he wanted to start this project because he is a first- time dad and was tired of being told that there were 14 month waiting lists to get childcare. Councilmember Morris moved, seconded by Councilmember Wilson, To adopt the following resolution Resolution 24-76 Resolution of the City of Woodbury, Washington County, Minnesota adopting findings of fact for Kiddie Academy Conditional Use Permit, Project No. 05-2023- 00539 Voting via voice: Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – absent Anne Burt – aye Councilmember Morris moved, seconded by Councilmember Wilson, to approve the Kiddie Academy Preliminary Plat and Site and Building Plan, Project No. 05-2023-00539; with the approval subject to the conditions outlined in Council Letter 24-90. Planning Conditions 1. All conditions of the original Planned Unit Development and Conditional Use Permit remain in full force and effect. 2. 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. 3. Prior to the issuance of a land disturbance permit, a final landscaping plan shall be reviewed and approved by staff. 4. 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. 5. The PUD shall have architectural consistency throughout the entire project by using complementary architectural features and materials on all buildings. All buildings within the PUD shall be constructed of complementary materials and shall include one common masonry (brick or stone) building material on a minimum of 15 percent of each building. 6. Prior to the issuance of a building permit, the Applicant shall provide a material board for review and approval by the Planning Division. 7. Prior to the application of the building material, the Applicant shall construct sample material mock-ups on site for both of the buildings. Page 9 of 13  City Council Meeting Minutes Wednesday, March 27, 2024 8. Prior to the issuance of a building permit, the snow removal plan shall be finalized and approved, in writing, by staff. 9. 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. 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 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. 12. 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. 13. Any trash enclosures shall utilize wooden gates and be constructed on three sides using the same materials and patterns used on the building. 14. No exterior storage shall be permitted. 15. The applicant shall pay park dedication prior to the release of the final plat. 16. The Final Plat shall be approved by the City Council and released for recording prior to the issuance of a building permit. 17. All drive aisles shall have a minimum width of 25 feet. 18. Prior to the issuance of a building permit and cross parking and access easement shall be recorded for all lots within the development. Engineering Conditions 19. Final grading, drainage, utility 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. 20. 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. Prior to the issuance of a land disturbance permit, EOF locations shall be reviewed and approved by the Engineering Department. 21. Prior to the issuance of a land disturbance permit, a construction staging plan shall be submitted and reviewed and approved by Planning & Engineering staff. 22. Prior to the issuance of a land disturbance permit, final tree canopy calculations shall be submitted to the City. 23. 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. 24. 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. 25. The Applicant shall be responsible for protecting the 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. 26. 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. 27. 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. 28. 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. 29. Street lights shall be required to be installed and maintained by the property owner at all intersections. 30. 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. 31. The new intersection of the private driveway and Stephens Way shall be required to install a stop sign on the private driveway southbound. The stop sign shall be owned and maintained by the property owner. 32. The Developer shall be responsible for installing the sidewalks within the project. Subsequent to installation, the sidewalks within the project and shall be maintained by the property owner. Such maintenance shall include but not be limited to promptly removing ice and snow, other obstructions, and repair and replacement as necessary to ensure the safe passage of pedestrians. Page 10 of 13  City Council Meeting Minutes Wednesday, March 27, 2024 33. Prior to issuance of a building permit, the Applicant shall submit a plan identifying placement of no less than four (4) inches of an acceptable topsoil mix as determined by Planning staff. 34. Prior to installation of sod, the Applicant shall provide written verification that a minimum of four (4) inches of topsoil has been placed throughout the site. Prior to installation of the sod, the City shall inspect and approve the placement of the topsoil in writing. 35. Prior to the issuance of a land disturbance permit, the existing back-up connection to the municipal water for the stormwater irrigation reuse system must be updated to meet current City requirements. The air gap shall follow the City’s detail and shall be reviewed and approved in writing by the Engineering Department. 36. Prior to the issuance of a land disturbance permit, the Applicant shall provide final documentation of irrigatable area onsite. 37. Prior to the issuance of a land disturbance permit, final irrigation reuse system and controls shall be reviewed and approved in writing by the Planning staff. The proposed reuse system shall be designed to meet stormwater management requirements and must meet the following design requirements:  System must be designed by a certified irrigation contractor.  The system, including pumps, controllers, connections and irrigation line placement must be submitted for review and approval by City staff.  The system must include a connection to municipal water as a back-up irrigation source – this connection must include an air gap or other backflow prevention practice.  Municipal water cannot be pumped into a pond to be later pumped into the irrigation system.  Private irrigation wells as a back-up irrigation source are not permitted.  Irrigation heads shall be placed a minimum six (6”) inches from back of curb, trail, sidewalk, or other hard surface.  EPA WaterSense approved smart controllers shall be used. The controller shall be approved by the Engineering staff in writing.  MP rotator heads or equivalent shall be used Voting via voice: Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – absent Anne Burt – aye Mayor Burt asked what the timeline would be for the project. Mr. Orloff replied that they are looking to build as soon as possible and open by the end of the year. Discussion Consent Agenda Item 6D. Commercial/Homeowners Association Cost Share Program; Authorizing the Reinstatement. Councilmember Morris pulled this item for discussion and asked if the additional authorization was taking from existing budgeting plans and added that there was discussion with Staff about other cost sharing programs and asked to provide clarity. City Engineer Director Chris Hartzell replied there is authorization to initiate an HOA cost share program. The budget appropriation has already occurred. Approximately $100,000 was included within the sewer and water utility budget. Just like previous programs, the programs have a sunset date and the sunset date expired. Based on the water wise implementation and sustainable water future for the City it was suggested to initiation the program again and to change the cost share. The goal is to have 50 HOA programs. The goal is to have a five year program. He added that it is anticipated that the City will receive $200,000 from LCCMR for water conservation initiatives. Councilmember Morris asked to clarify that this was already budgeted for, with no fiscal changes to this and that the Council action is to simply authorize it. Mr. Hartzell agreed. Councilmember Morris moved, seconded by Councilmember Date, To adopt the following resolution Resolution 24-69 Resolution of the City of Woodbury, Washington County, Minnesota authorizing the reinstatement of the Commercial/Homeowners Association Cost Share Program under the Water Efficiency Incentive Program. Councilmember Wilson asked if this was in the 2024 budget. Mr. Hartzell replied that it was. Page 11 of 13  City Council Meeting Minutes Wednesday, March 27, 2024 Voting via voice: Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – absent Anne Burt – aye A. Approval of Ordinance Amending Chapter 18.5 Signs, Article IV, Regulation of Signs, Division 1, Generally, Section 18.5-45, Reader Board and Electronic Display Signs, and Section 18.5 Signs, Article IV. Regulation of Signs, Division 5, Temporary Signs, Section 18.5-98—18.5-105- Reserved Ms. Schmitz stated one of the implementation steps for the Economic Development Strategic Plan (EDSP) is to “review ordinance requirements, plans, policies and processes to identify and remove unintended barriers to private redevelopment efforts while ensuring that community standards are maintained.” Ms. Schmitz noted that the Council gave direction to the EDSP to look into the various signs in the City. Throughout 2023, the Economic Development Commission (EDC) evaluated standards related to Reader Boards and Electronic Display Signs and Commercial and Multiple Family Leasing Signs. The reviews focused on the following: 1. Evaluating the current regulations and determining if it creates an unintended barrier to development or redevelopment. 2. Evaluating the role of permitting to ensure signs remain temporary as intended by code. 3. Reviewing regulations of surrounding communities to understand the regulatory environment. 4. Affirming that the proposed modifications maintain community standards related to aesthetics and safety. Ms. Schmitz noted that Staff and EDC recommend as follows:  Reader Board and Electronic Display Signs- The current ordinance allows the message to change once per day with the proposed ordinance proposed to allow messages to change up to once per hour. This change would allow more information to be displayed, but not to an extent that creates clutter or distractions. Regulation of brightness and motion are also proposed within the ordinance.  Commercial and Multiple Family Leasing Signs- The current ordinance does not require a permit for these types of temporary signs, and they are allowed to remain onsite indefinitely as long as there is space available for lease or sale. The proposed amendment would require a no-fee permit and as part of the permit, the applicant must verify what space is available for sale or for lease with a minimum threshold of vacant space required based on the building/center square footage. The permit is valid for six (6) months and the applicant would need to re-certify there is space available at the time a permit is renewed. Mayor Burt noted that she attended the EDC meetings and was pleased with the work that was accomplished and added that there was thorough conversation and research done. She asked if the Ordinance is approved when it would go into effect. Ms. Schmitz replied that it would go into effect when the Ordinance is published. Councilmember Wilson asked if the brightness levels were more or less restrictive than what they have been. Ms. Schmitz replied that she did not knowif the brightness standards were currently in the Ordinance because they are typically approved through the conditional use process, so brightness was regulated as part of the conditions. Councilmember Wilson mentioned that there were previous discussions regarding the lease signs outside commercial properties. She noted that the Ordinance kind of addresses this but it simply says that a sign can only advertise when there is a vacancy. Ms. Schmitz explained that the proposed ordinance defines a specific threshold of vacancy as well, which is related to the size of the overall building or development. She stated that Staff met with businesses, realtors and developers and learned that the smaller entrepreneurial businesses rely on these signs for inspirations on where to have their business. Mr. Gridley added that some of the signs stood too long and that there was a need to regulate this more, since there were unlicensed, unregulated, permanent advertising signs . This Ordinance will help the City get a handle on the issue. Councilmember Morris expressed his happiness over the change of the electronic signs due to his experience of having a business in the City. Councilmember Date asked if one hour is too long for electronic signs to change and wondered how one hour was determined. Ms. Schmitz replied that the number was determined by looking at what other cities were doing and trying to find the balance of not being too restrictive or creating too much distraction. There was no scientific data behind determining the number but it was agreed that having one hour would not be a distraction to drivers. Page 12 of 13  City Council Meeting Minutes Wednesday, March 27, 2024 Councilmember Morris explained that electronic signs are expensive and was pleased that business owners would be able to utilize that investment. He added that he does not want the City to look like Las Vegas and he feels comfortable having electronic signs be able to change each hour. Councilmember Morris moved, seconded by Councilmember Date, To adopt the following ordinance Ordinance 2051 Ordinance of the City of Woodbury, Washington County, Minnesota an ordinance amending Chapter 18.5 Signs, Article IV, Regulation of Signs, Division 1, Generally, Section 18.5-45, Reader board and electronic display signs, and Section 18.5 Signs, Article IV. Regulation of Signs, Division 5, Temporary Signs, Section 18.5-98—18.5-105- Reserved. Voting via voice: Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – absent Anne Burt – aye Transportation Report (2nd meeting of the month, May-October) No items scheduled City Administrator’s Report Mr. Gridley gave a verbal update of upcoming City meetings.  April 1, 2024—Planning Commission Meeting  April 2, 2024—Parks and Natural Resources Commission, 7:00 p.m., M Health Fairview Sports Center  April 10, 2024—Council Workshop Meeting  April 10, 2024—Public Hearing Adjournment Mayor Burt moved, seconded by Councilmember Morris, to adjourn the meeting at 8:41 p.m. Voting in Favor: Wilson, Date, Morris, Burt Absent: Santini Respectfully submitted, _________________________________________ Kimberlee K. Blaeser, City Clerk Approved by the Woodbury City Council on April 10, 2024. Page 13 of 13