City Council

Minutes Woodbury City Council Wednesday, April 10, 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 10th day of April 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, 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; Chris Hartzell, Engineering Director; Eric Searles, Assistant Community Development Director/City Planner; Shelly Schafer, Community Relations Manager; and Jason Schirmacher, CFO/Controller. Special Order of Business A. Volunteer Recognition Week Proclamation Mayor Burt read a Proclamation in full declaring April 21-27, 2024, as Volunteer Recognition Week in Woodbury. Open Forum The Open Forum is a portion of the Council meeting where a maximum of three persons will be allowed to address the Council on subjects, which are not a part of the meeting agenda. Persons wishing to speak must complete a sign-up sheet prior to the start of the meeting. Give the sign-up sheet to any staff person. Speakers are limited to 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. Tammy Dennis, 391 Leeward Trail, Spinnaker Cove Townhomes, stated there are light pollution issues in their neighborhood. She added light from the signs of local businesses is a problem. She asked who bears the expense of reducing light and what is the timeline for enforcing it. Karen Bauman, 7894 Dunmore Road, addressed comments made by the City Council at the workshop earlier that evening about wheelchair accessibility at Metro Transit’s bus stop locations in Woodbury. She stated, according to Metro Transit, any area without a bus shelter is the City’s responsibility. She added the City Council should provide accessibility for constituents on Woodbury streets. She urged the City Council to consider whether they want people to take public transit, especially if Woodbury is to be a destination city. 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 – March 27, 2024  City Council Meeting Minutes Wednesday, April 10, 2024 Item B To adopt the following resolution Resolution 24-77 Resolution of the City of Woodbury, Washington County, Minnesota authorizing execution of a consultant services agreement with Advanced Engineering and Environmental Services, LLC, for the Water System Fiber Optic Design project. Item C To adopt the following resolution Resolution 24-78 Resolution of the City of Woodbury, Washington County, Minnesota approving the revisions to Lawn and Landscape Watering Policy, Council Directive CD-ENGPW-4.4. Item D To approve the Joint Powers Agreement between the City of Woodbury and the Cities of Bayport, Lake Elmo, and Cottage Grove for the Monitoring of Each City’s Outdoor Warning Sirens. To adopt the following resolution Resolution 24-79 Resolution of the City of Woodbury, Washington County, Minnesota approving the Joint Powers Agreement between the City of Woodbury and the City of Bayport for the monitoring of Bayport’s outdoor warning sirens; and To adopt the following resolution Resolution 24-80 Resolution of the City of Woodbury, Washington County, Minnesota approving the Joint Powers Agreement between the City of Woodbury and the City of Cottage Grove for the monitoring of Cottage Grove’s outdoor warning sirens; and To adopt the following resolution Resolution 24-81 Resolution of the City of Woodbury, Washington County, Minnesota approving the Joint Powers Agreement between the City of Woodbury and the City of Lake Elmo for the monitoring of Lake Elmo’s outdoor warning sirens. Item E 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 are hereby approved. Staff recommends approval of the abstract of bills for March 22, 2024, in the amount of $1,428,220.77 and March 29, 2024, in the amount of $2,329,571.28. Councilmember Date moved, seconded by Councilmember Santini, to approve the Consent Agenda items. Mayor Burt noted a correction in the March 27, 2024 City Council Meeting minutes to the Open Forum portion of the meeting. She stated Page 1, second paragraph under Open Forum, Bill Betten’s comments regarding the number of homeless people in the State indicates the number to be 83,093. She stated this is a typo and the correct amount Mr. Betten stated was 8,393. She indicated City Clerk Blaeser has corrected the minutes. Voting via voice: Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye 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 Page 2 of 13  City Council Meeting Minutes Wednesday, April 10, 2024 “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. Reliance City Center Amended PUD; Amended Planned Unit Development; Project No. 09-2024-00545 Mayor Burt declared the public hearing open. Community Development Director Janelle Schmitz reviewed a request for an amended Planned Unit Development (PUD) for Reliance City Center, including an amendment to the PUD to establish a new minimum parking standard of 5 stalls per 1000 square feet for all properties within the PUD. The proposed flexibility would allow the development of another restaurant, Hope Breakfast Bar. She reviewed other PUD parking ratios. Ms. Schmitz stated the Planning Commission reviewed this request at their April 1, 2024, meeting and unanimously recommended approval. Planning Commissioner Dave Hoelzel stated the Planning Commission had questions regarding other future developments; handicapped stalls; crosswalks and safety; and way-finding signs for the Starbucks drive-thru. He added the number of parking spaces will not be reduced but having an overall parking ratio will be beneficial as the mix of businesses changes. Mayor Burt moved, seconded by Councilmember Morris, to close the public hearing. Voting in Favor: Wilson, Date, Morris, Santini, Burt Absent: None Councilmember Date asked whether there are bike racks in the PUD. Assistant Community Development Director/City Planner Eric Searles stated bike racks are required by Ordinance. He added he is unsure wherethe bike racks on the site, but he can investigate that further. He noted the City Council can add a condition related to bike racks. Ms. Schmitz confirmed there are bike racks near the bank building. Councilmember Date asked whether bike racks could be added near the new building. Ms. Schmitz agreed to review whether bike racks were part of the proposal. Councilmember Date stated she would support an additional condition that bike racks be added at the new building. Mr. Searles agreed. Councilmember Wilson stated discussions were held with the building owners, but not the tenants. Mr. Searles stated the project owners are local, and they have had numerous conversations with their tenants who have expressed their support for the restaurant project. Councilmember Wilson asked whether parking by the bank will be used as cross-over parking. Ms. Schmitz confirmed this. Councilmember Wilson asked whether signage could be added directing cars to the bank parking. Mr. Searles stated City Staff anticipates that if there is a parking problem, employee parking will be designated first, due to the cross-easement parking arrangement, but directional signage can also be added. Councilmember Date asked, with regard to the parking ratio, whether the ratio can be reduced since they currently have more parking than would be required with the new ratio, especially since other PUDs received a more flexible ratio. Mr. Searles stated City Staff felt that the proposed ratio was appropriate due to the smaller footprint of the PUD. Councilmember Morris asked whether there is a private drive from Donegal, and if there are plans for bike and pedestrian access. Ms. Schmitz confirmed this is a private drive. Mr. Searles stated a sidewalk connection to the Valley Creek trail was included with the Famous Dave’s redevelopment as the pedestrian and bike access to the center, rather than entering via the Donegal access, due to traffic concerns and the fact that there are no sidewalks along Donegal. Councilmember Date stated the applicant should consider update the private drive by adding pedestrian access for the nearby residential areas at such time when Donegal Drive is updated. Councilmember Morris moved, seconded by Councilmember Wilson, to adopt a motion approving the Reliance City Center Amended PUD, Amended Planned Unit Development, Project No. 09-2024-00545 subject to the conditions as outlined in Council Letter 24-97: 1. All conditions of the original approval and the Famous Dave’s Amended PUD remain in full effect. 2. Required parking shall be five (5) stalls per 1,000 square feet of commercial space for retail, office and Class I restaurant uses. Page 3 of 13  City Council Meeting Minutes Wednesday, April 10, 2024 Voting via voice: Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye B. Manning Avenue Apartments; Planned Unit Development; Conditional Use Permit; Preliminary Plat and Site and Building Plan; Project No. 01-2023-00536 Mayor Burt declared the public hearing open. Mr. Searles reviewed an application for a residential development to construct a 237-unit affordable multi-family apartment building. The property was reviewed and approved in July 2023 for the same number of units, but the project did not move forward due to lack of project funding. A condition of approval would require that the applicant construct and fund necessary improvements to Manning Avenue and Arthur Avenue. The site plan meets the required parking of 2 spaces per unit if one space is underground. Mr. Searles reviewed pedestrian areas, exterior facades, tree preservation and park dedication on a per unit basis. A neighborhood meeting was held, and City staff have not received any questions or comments. Planning Commissioner Dave Hoelzel stated this application was reviewed at the Planning Commission’s April 1, 2024, meeting, at which the Commission discussed snow location and concerns about traffic to and from the development from State Highway 95. He added there was excitement about solar power, the swimming pool, and the potential to expand the neighboring park. He noted there were discussions about affordability, waste removal, building safety, landscaping, and future trails, as well as schools and bussing. Mayor Burt moved, seconded by Councilmember Morris, to close the public hearing. Voting in Favor: Wilson, Date, Morris, Santini, Burt Absent: None Mayor Burt requested clarification regarding parking. Mr. Searles stated underground as well as surface parking is proposed to total 2 spaces per unit. He added, as a condition of approval, City Staff will work with the applicant to determine proof of parking opportunities. Councilmember Date stated proof of parking could be located near the bus stop. Mr. Searles stated that can be added as a condition. Mayor Burt stated the solar panels are a great addition. She asked if State bonds would be difficult to obtain. Mr. Searles confirmed there is a shortage of funding at the State level, and this is a consistent pattern regarding affordable housing projects. Councilmember Santini asked whether there will be electric vehicle chargers. Mr. Searles confirmed there will be charging stations as well as conduit for future stations, which is not a City requirement. Councilmember Santini expressed concern regarding northbound traffic exiting the development. Mr. Searles stated signal warrants are not met , but the intersections will be monitored. He added City staff agrees that the left-turning movement is critical. Councilmember Wilson asked whether 2 parking spaces per unit is sufficient. Mr. Searles stated 2 parking spaces per unit is required by Ordinance, but that standard has been reduced for other developments. Councilmember Wilson expressed concern regarding Manning Avenue, and whether turn lanes in could be added, since that road was just completed. She asked why upgrades were not included to accommodate the new development on Manning Avenue. Engineering Director Chris Hartzell stated the Manning Avenue project was a road preservation project, and the State was not planning on constructing a large initiative into this development. Mr. Searles stated all improvements to serve this development will be funded by the developer. Councilmember Wilson asked whether there will be a way to access the Amazon building from the south. Mr. Searles stated that is privately held property for the future Amazon infrastructure. Councilmember Wilson asked whether tree preservation requirements will be incorporated into the park. Mr. Searles confirmed this, adding City staff has established a high value in the preservation of trees. Page 4 of 13  City Council Meeting Minutes Wednesday, April 10, 2024 Councilmember Wilson asked how many units per acre are proposed for the development. Mr. Searles stated17.5 units per acre of multi-family use. He further stated detailed water modeling has occurred. Councilmember Wilson stated she has concerns about traffic safety on Manning Avenue due to the size of this development and water issues, but also the fact that the City needs affordable housing. Councilmember Morris requested clarification regarding the timing of the project. Mr. Searles stated the earliest the project will probably be completed in 2027. Councilmember Morris stated he is comfortable with water modelling. Councilmember Morris requested clarification regarding the northeast exception parcel. Mr. Searles stated that it is anticipated that the property will be redeveloped for commercial use or smaller residential use. Councilmember Morris expressed concern about the anticipated route for buses within the development, as students will access buses in the middle of the parking lot. He asked whether there is another way for students to access buses. Mr. Searles stated City Staff can review the addition of a more deliberate location for a bus stop, which could be added as a condition of approval. Councilmember Morris agreed. Councilmember Wilson asked whether the development would have trail access to Prairie Ridge Park. Mr. Searles confirmed that City staff will work with the applicant to determine the location of potential trails. Councilmember Date stated it should be acknowledged that the City will hopefully be bringing affordable housing development to Woodbury. She added the growth management plan timeline has been pushed back, and she is comfortable with moving this application forward. Councilmember Morris moved, seconded by Councilmember Santini, To adopt the following resolution Resolution 24-82 Resolution of the City of Woodbury, Washington County, Minnesota approving a Conditional Use Permit (CUP) adopting findings of fact. 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 Manning Avenue Apartments Planned Unit Development (PUD); Preliminary Plat and Site and Building Plan; Project No. 01-2023-00536, all subject to the conditions as outlined in Council Letter 24-98 and including an additional condition that prior to the issuance of a building permit, the Applicant shall identify a dedicated school bus stop location with the location approved by City staff: 1. The PUD and 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. All proposed and future 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. Said retaining walls shall include fencing when directed by the City. 3. Immediately following the recording of the Final Plat, the Applicant shall deed the tree protection area to the City at no cost and free of encumbrances. 4. Prior to the issuance of a Land Disturbance Permit, a snow storage and removal plan shall be submitted to and approved by the City. 5. The Applicant shall work with staff to identify possible proof-of-parking opportunities. 6. The Applicant shall maintain, repair and replace the private road connection to Manning Avenue. Maintenance shall include mowing of the boulevard, with a width of mowing of no less than 4 feet from the back of all curbs. Maintenance shall also include all snow and ice removal and general street maintenance. 7. Prior to the issuance of a Land Disturbance Permit, a snow storage and removal plan shall be submitted to and approved by the City. Page 5 of 13  City Council Meeting Minutes Wednesday, April 10, 2024 8. Prior to the release of the Building Permit, the Applicant shall record a cross access easement agreement allowing access to the private road connection to Manning Avenue for the adjacent exception parcel and Project Belle (Amazon) to the north. 9. Prior to the issuance of a Land Disturbance Permit, the Applicant shall revise the landscaping plan to include additional deciduous trees adjacent to the pond along Manning Avenue, adjacent to the exception parcel and along the north and south side of the access road, where feasible. Staff shall approve the final landscaping plan in writing. 10. Prior to the release of the Final Plat for recording, the Applicant shall enter into a Development Agreement. 11. The Applicant shall wholly fund and privately construct the construction of the private road connection to Manning Avenue and the trail connection to Hudson Road. All improvements shall be designed to full City standards as approved by the City Engineer. 12. The Applicant shall wholly fund and privately construct the necessary turn lane improvements along Manning Avenue unless public construction is required by MnDOT. If public construction is required, the Applicant shall fully fund all cost associated with the construction and administration of the improvement within the Development Agreement. 13. Prior to the issuance of a building permit, the Applicant shall submit a materials board. All proposed materials shall be approved by the Planning staff. 14. Prior to the application of the building material, the Applicant shall construct sample material mock-ups on site for all of the buildings. 15. 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. A revised landscaping plan shall be provided to add landscaping between the driveways of the townhomes. The final landscaping plan shall meet all landscaping ordinance requirements including canopy coverage and tree and species diversification. 16. Prior to the issuance of a Land Disturbance Permit, the Applicant shall revise the landscaping plan to include additional deciduous trees adjacent to the pond along Manning Avenue and along the north and south side of the access road, where feasible. Staff shall approve the final landscaping plan in writing. 17. The property owners shall complete snow removal, maintenance and replacement of all proposed sidewalks and trails unless a written agreement between the City and owner establishes a different requirement. 18. A maximum of 237 residential units shall be permitted for the project. 19. 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. 20. 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 all public and private streets. 21. 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. 22. Any future trash enclosures shall utilize wooden gates and be constructed on three sides using the same materials and patterns used on the building. Locations shall be approved by the Planning Department. 23. No exterior storage shall be permitted. 24. The Final Plat shall be approved by the City Council and released for recording prior to the issuance of a building permit. 25. Prior to the issuance of a land disturbance permit, a final stormwater management plan shall be reviewed and approved by the City. 26. Prior to the issuance of a land disturbance permit, final utility plans shall be approved by the Engineering Division. 27. 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 and reuse, sanitary sewer, water main and roadway systems components to the City for review and approval. The Developer will be responsible to carry out these operation and maintenance activities and to submit the appropriate documentation to the City as specified. 28. 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 Development Agreement. 29. The Applicant shall be responsible for obtaining any necessary right-of-way permits from the City’s Engineering Division prior to commencement of any site activities. The Developer will also be responsible for obtaining any other permits necessary from other applicable agencies, such as, MPCA, MnDOT, Watershed District, Washington County, etc. prior to commencing any site activities. 30. 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. 31. 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. 32. 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. 33. All rights-of-way, easements and outlots shall be kept free of plantings, retaining walls, signage, etc. that would affect their intended purpose. 34. A right-of-way permit shall be required for work performed within the City or County right-of-way. Page 6 of 13  City Council Meeting Minutes Wednesday, April 10, 2024 35. 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. 36. Street lights shall be required to be installed by the Developer, at their cost, as directed by the City. 37. 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. 38. All irrigation systems shall meet the design standards established by the Environmental Division including, but not limited to, the following standards: 1. All systems shall have an irrigation audit completed by a certified landscape irrigation auditor and submitted to the City. Audit results, including auditor, date, time, issues identified and recommended improvements shall be submitted to the City as identified in the Operations and Maintenance Plan. 2. All systems, including pumps, controllers, connections and irrigation line placement shall be submitted for review and approval by City Staff. 3. Private irrigation wells as a back-up irrigation source shall not be permitted. 4. Irrigation heads shall be placed a minimum of 6” from back of curb, trail, sidewalk, or other hard surface to avoid damage. 5. Irrigation mainlines must be placed outside of right-of-way to avoid damage. 6. EPA Watersense approved smart controllers shall be used. The controller shall be approved by Engineering Staff in writing. 7. Drip irrigation, high efficiency rotating nozzles, pressure regulated spray and rotors, and other efficiency components shall be used on all systems. 39. Prior to the issuance of a building permit, the Applicant shall identify a dedicated school bus stop location with the location approved by City staff. Voting via voice: Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye C. Karen Drive Multi-Family; Comprehensive Plan Amendment; Rezoning; Planned Unit Development; Conditional Use Permit; Preliminary Plat; and Site and Building Plan Project No. 01-2023-00533 Mayor Burt declared the public hearing open. Mr. Searles reviewed an application for a 252-unit multi-family affordable apartment project in two buildings, pending funding approvals from the State. The application reflects Comprehensive Plan flexibility to move the project from “Places to Work” to “Mixed Use”. City staff agrees that times and conditions have changed sufficiently to warrant a change in the plan. The project is located in a Federally designated Difficult Development Area (DDA) which adds additional funding that will assist in financing the project. Furthermore, more information is known on the onsite wetlands and how they impact the developability of the site. Mr. Searles stated the applicant is requesting a minor reduction from 2 spaces per unit to 1.9 spaces per unit. There is one proposed access point to the development from Karen Drive, with a fire access point from Karen Drive. The proposed pedestrian network includes a soft nature trail that would be owned and maintained by the applicant through use agreements. Planning Commissioner Hoelzel stated the Commission reviewed the application at their April 1, 2024, meeting, and recommended unanimous approval. Concerns regarding the wetlands and Atlas 14 were discussed at length, as well as paths, outdoor lighting, and outdoor amenities, as well as the presence of a family of eagles. The Commission discussed balancing concerns for the wetland with the importance of affordable housing. Councilmember Date moved, seconded by Councilmember Morris, to close the public hearing. Voting in Favor: Wilson, Date, Morris, Santini, Burt Absent: None Mayor Burt requested clarification regarding the soft pedestrian trail. Mr. Searles stated City staff is working with the Watershed District and the developer to determine the composition of the trail. Mayor Burt asked whether there will be underground parking. Mr. Searles stated there will be a covered parking deck. Mayor Burt stated the architecture looks great and she is pleased that balconies have been added. She asked whether there would be a pool. Mr. Searles stated no pool is proposed, but other exterior amenities will include outdoor patios, tot lots, and play fields. Page 7 of 13  City Council Meeting Minutes Wednesday, April 10, 2024 Councilmember Date stated she is pleased with the inclusion of the covered parking component. She added a pool is not required. She expressed concern, from an equity perspective, that the two affordable housing developments that are being reviewed do not have the same elevated level of amenities. She noted a nicer playground could offset the lack of a pool. Councilmember Date asked how rents for both developments are being determined. Mr. Searles stated the rental restrictions are maximums. He added pools are expensive to maintain and financing allows for long-term affordability. He added, in this case, the applicant wanted to control their long-term investment operational costs rather than put capital investment in a pool. Councilmember Date asked what happens if one half of the development is built and the other half is not and the project dies before it is fully developed. Mr. Searles stated that is a valid concern and City staff have addressed this with the applicant. He added, if the second phase is delayed, first phase residents would not be affected as the majority of necessary infrastructure will be constructed with the first phase. Councilmember Morris asked whether City Council approval would be required if another builder took over and made changes to the second phase. Mr. Searles stated City Council approval would not be required if the new project is still affordable housing and using the same designs. However, if design modifications or use changes were proposed, the project would be required to be reviewed and approved by the City Council. Councilmember Date requested clarification regarding the filling in of wetlands. Mr. Searles stated replacement areas are identified and have been reviewed by the Watershed District. He added the approach is to replace and improve the current wetland. Councilmember Santini asked about stormwater retention. Mr. Searles stated stormwater basins are located in various areas throughout the site. Councilmember Morris requested clarification regarding wetland classification. Engineering Director Hartzell stated an area must be wet for 7 days annually, and delineation depends upon various factors. He added wetland delineation is valid for a 5-year period. Council Member Morris stated that there is no expectation of standing water and Mr. Hartzell stated correct and noted there are eight different types of wetlands. Regarding wetlands and the proximity of tot lots and recreation areas to the wetlands, Councilmember Morris requested clarification regarding elevation change and Mr. Searles reviewed grading plan including elevation change on the site, which is not a significant slope at a 5-foot drop within 50 feet. Councilmember Morris noted his safety concerns with proximity of tot lots and wetlands. Mr. Searles stated wetland depths ebb and flow, but this is a fairly shallow wetland complex with a buffer of 50 feet to the edge of the delineated wetland. He stated there is a fair amount of separation between the tot lot and wetlands; however, there is water on site and that is always a concern. Councilmember Morris stated he appreciates that both proposed apartment complexes have similar appearance, including balconies, which gives the impression of a continuous project. He commended City staff and the applicant for these efforts. Councilmember Wilson stated she is concerned about an area of standing water on the northeast corner of the property. She added the proposed development could change water flow on the property. She expressed concerns about the location of the development in the midst of a wetland. Erik Miller, Civil Engineer from Sambatec, stated this property has been under review for the past 20 years, and a comprehensive stormwater management plan has been created for the entire area. He added there are emergency overflow areas to maintain safe passage of water in accordance with engineering practices, City requirements and Watershed requirements. He added there are no issues with what is being proposed. Mr. Searles stated, for purposes of clarification, Access Point A, along Settlers Ridge Parkway, will only allow a right in, but no exit in the future. Councilmember Wilson asked how long this development will be affordable. Mr. Searles stated the development will be affordable for a minimum of 30 years. Councilmember Santini moved, seconded by Councilmember Morris, to approve an Amendment to the Comprehensive Plan from Places to Work to Mixed Use. Voting via voice: Kim Wilson – nay Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Page 8 of 13  City Council Meeting Minutes Wednesday, April 10, 2024 Councilmember Santini moved, seconded by Councilmember Morris, To adopt the following ordinance Ordinance 2052 Ordinance of the City of Woodbury, Washington County, Minnesota rezoning certain property from GW, Gateway District and Business Campus District to MX, Mixed Use District. Voting via voice: Kim Wilson – nay Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Councilmember Santini moved, seconded by Councilmember Morris, To adopt the following resolution Resolution 24-83 Resolution of the City of Woodbury, Washington County, Minnesota approving the Conditional Use Permit (CUP) adopting findings of fact. Voting via voice: Kim Wilson – nay Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Councilmember Santini moved, seconded by Councilmember Morris, approving the Karen Drive Multi-Family Planned Unit Development (PUD), Preliminary Plat and Site and Building Plan, Project No. 01-2023-00533, all subject to the conditions as outlined in Council Letter 24-99: 1. The PUD and 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. The Applicant shall obtain Metropolitan Council approval for the Comprehensive Plan Amendment prior to the issuance of a land disturbance permit. 3. All proposed and future 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. Said retaining walls shall include fencing when directed by the City. 4. Immediately following the recording of the Final Plat, the Applicant shall deed the wetland protection area to the City at no cost and free of encumbrances. 5. The Applicant shall work with staff to identify possible proof-of-parking opportunities. 6. The Applicant shall maintain, repair and replace the private road connection to Karen Drive. Maintenance shall include mowing of the boulevard, with a width of mowing of no less than 4 feet from the back of all curbs. Maintenance shall also include all snow and ice removal and general street maintenance. 7. Prior to the issuance of a Land Disturbance Permit, a snow storage and removal plan shall be submitted to and approved by the City. 8. Prior to the release of the Building Permit, the Applicant shall record a cross access easement agreement allowing access for the adjacent future commercial use to the private road connection to Settler Ridge Parkway and Karen Drive. 9. Prior to the issuance of a Land Disturbance Permit, staff shall approve the final landscaping plan in writing. 10. Prior to the release of the Final Plat for recording, the Applicant shall enter into a Development Agreement. 11. The Applicant shall repair, maintain and replace the proposed soft trail. The Developer shall receive written authorization of the encroachment into City property for the trail prior to the issuance of a Land Disturbance Permit. 12. The Applicant shall provide a trail or sidewalk access easement, at no cost and free of encumbrances, for all routes identified by Staff. 13. All necessary future improvements, as identified by the City, to Settlers Ridge Parkway (trails, turn lanes, vehicle lanes and the like) shall be the responsibility of the commercial use identified as Lot 1 on the Preliminary Plat. 14. The Applicant shall wholly fund and privately construct he construction of the private road connection and all sidewalks and trail connections. All improvements shall be designed to full City standards as approved by the City Engineer. 15. Prior to the issuance of a building permit, the Applicant shall submit a materials board. All proposed materials shall be approved by the Planning staff. Page 9 of 13  City Council Meeting Minutes Wednesday, April 10, 2024 16. Prior to the application of the building material, the Applicant shall construct sample material mock-ups on site for all of the buildings. 17. 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. A revised landscaping plan shall be provided to add landscaping between the driveways of the townhomes. The final landscaping plan shall meet all landscaping ordinance requirements including canopy coverage and tree and species diversification. 18. The property owners shall complete snow removal, maintenance and replacement of all proposed sidewalks and trails unless a written agreement between the City and owner establishes a different requirement. 19. A maximum of 252 residential units shall be permitted for the project. 20. 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. 21. 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 all public and private streets. 22. 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. 23. Any future trash enclosures shall utilize wooden gates and be constructed on three sides using the same materials and patterns used on the building. Locations shall be approved by the Planning Department. 24. No exterior storage shall be permitted. 25. The Final Plat shall be approved by the City Council and released for recording prior to the issuance of a building permit. 26. Prior to the issuance of a land disturbance permit, a final stormwater management plan shall be reviewed and approved by the City. 27. Prior to the issuance of a land disturbance permit, final utility plans shall be approved by the Engineering Division. 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 and reuse, sanitary sewer, water main and roadway systems components to the City for review and approval. The Developer will be responsible to carry out these operation and maintenance activities and to submit the appropriate documentation to the City as specified. 29. 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 Development Agreement. 30. The Applicant shall be responsible for obtaining any necessary right-of-way permits from the City’s Engineering Division prior to commencement of any site activities. The Developer will also be responsible for obtaining any other permits necessary from other applicable agencies, such as, MPCA, MnDOT, Watershed District, Washington County, etc. prior to commencing any site activities. 31. 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. 32. 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. 33. 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. 34. All rights-of-way, easements and outlots shall be kept free of plantings, retaining walls, signage, etc. that would affect their intended purpose. 35. 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. 36. Street lights shall be required to be installed by the Developer, at their cost, as directed by the City. 37. 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. 38. All irrigation systems shall meet the design standards established by the Environmental Division including, but not limited to, the following standards: 1. All systems shall have an irrigation audit completed by a certified landscape irrigation auditor and submitted to the City. Audit results, including auditor, date, time, issues identified and recommended improvements shall be submitted to the City as identified in the Operations and Maintenance Plan. 2. All systems, including pumps, controllers, connections and irrigation line placement shall be submitted for review and approval by City Staff. 3. Private irrigation wells as a back-up irrigation source shall not be permitted. 4. Irrigation heads shall be placed a minimum of 6” from back of curb, trail, sidewalk, or other hard surface to avoid damage. 5. Irrigation mainlines must be placed outside of right-of-way to avoid damage. 6. EPA Watersense approved smart controllers shall be used. The controller shall be approved by Engineering Staff in writing. 7. Drip irrigation, high efficiency rotating nozzles, pressure regulated spray and rotors, and other efficiency components shall be used on all systems. Page 10 of 13  City Council Meeting Minutes Wednesday, April 10, 2024 Voting via voice: Kim Wilson – nay Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Discussion A. Taxable General Obligation Tax Abatement Bonds, Series 2024A; General Obligation Bonds, Series 2024A CFO/Controller Jason Schirmacher reviewed the bond sale for Central Park Renovation Project and 2023 Road Rehabilitation Project. He welcomed Jason Aarsvold representing Ehlers. Mr. Aarsvold reviewed the Standard & Poor’s bond rating process. He stated the City’s Triple A rating has been affirmed by Standard & Poor’s. He added key factors were sound financial policies of the City and City Council, general management of the City, and the strong economy. He noted there were 8 bids on the City’s bonds, and total low bid was 3.55%. Councilmember Morris moved, seconded by Councilmember Santini, To adopt the following resolution Resolution 24-84 Resolution of the City of Woodbury, Washington County, Minnesota awarding the sale of General Obligation Improvement Bonds, Series 2024A, in the original aggregate principal amount of $14,690,000 fixing their form and specifications; directing their execution and delivery; and providing for their payment. Voting via voice: Kim Wilson – nay Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Councilmember Morris moved, seconded by Councilmember Santini, authorizing the CFO/Controller to enter into an agreement with Ehlers for arbitrage calculations and the continuing disclosure requirements of the bonds. Voting via voice: Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye B. Central Park Renovation; Accept State Grant Funds; Authorize Mayor and City Administrator to sign State Grant Agreement Councilmember Santini moved, seconded by Councilmember Date, To adopt the following resolution Resolution 24-85 Resolution of the City of Woodbury, Washington County, Minnesota, formally accepting the grant funds in the amount of $7,500,000 from the State of Minnesota, affirming the full project funding and authorizing the Mayor and City Administrator to execute a grant agreement with the State of Minnesota for the Central Park Renovation. Page 11 of 13  City Council Meeting Minutes Wednesday, April 10, 2024 Voting via voice: Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye C. 2024 Community Survey Results Community Relations Manager Shelly Schafer welcomed Jade Arocha, Director of Survey Research for Polco, and invited her to present the 2024 Community Survey results. Ms. Arocha stated the full survey results have been provided in the meeting packet for the City Council’s review. The survey was conducted from January 4 – February 26, 2024, with 1260 households surveyed by postcard and 2940 households surveyed online only. A total of 905 responses were received. Councilmember Date asked whether color coded mailings were sent to different precincts. Ms. Arocha confirmed that color coding is used by the Polco team but not for residents. Councilmember Date asked how Polco ensures that someone has not completed the survey twice. Ms. Arocha stated repeat surveys are easily captured with online responses, and only one paper survey is sent to each household. Councilmember Date stated it is a goal for the City to increase the number of respondents, and she expressed disappointment that there were less responses than in previous years, and not enough samples by race and ethnicity. She asked how many residents from Group 1 returned a postcard and paper survey. Ms. Arocha agreed to follow up on that. Ms. Arocha reviewed survey results compared to benchmarks and communities with similar populations in Minnesota and nationally. She reviewed ratings related to quality-of-life measures; quality of neighborhoods and community; characteristics of community by year; overall quality of City services; quality of drinking water. Councilmember Morris noted the City has increased transparency and communications with regard to water quality. City Administrator Clint Gridley stated the City Council will have further discussion on this survey at their upcoming retreat. Councilmember Morris asked whether residents could find the results of the survey online. Ms. Schafer confirmed the initial survey results are on the City website under “Community Survey”. Councilmember Wilson stated she would appreciate being able to search for key words within the survey. Ms. Arocha stated it would be possible to code the data for that purpose. Mayor Burt requested additional information regarding the results of questions related to chickens. Ms. Arocha stated results related to chicken differed based on lot sizes. She added this is a new question for 2024. She noted the results were as follows: 36% approve, 63% disapprove; urban property - 63% approve, 37% disapprove; rural property (3 acres or more) - 93% approve, 8% disapprove. Councilmember Date stated the fact that the data was weighted should give us confidence in using and interpreting the data. She added it adds volume to the questions where the sample was a little lower, which is something to think about for the next survey. Ms. Arocha stated a side-by-side comparison to review random sample and open participation responses for each question can be provided. Councilmember Morris expressed appreciation for community members who took the time to fill out the survey, which is very important and will be referenced throughout the year. Councilmember Date stated that the survey is helpful because it is a probability-based sample, which gives a better feel for the pulse of the city as a whole. City Administrator’s Report Mayor Burt stated the Closed Session will be rescheduled. Mr. Gridley reviewed upcoming meetings:  Lake Road 4 to 3 Lane Conversion Project - April 15, 2024, 5:30 p.m., Ash North and South Conference Room and virtual  Radio Drive Project Open House - April 18, 2024, 4:00 p.m. at St. Therese Senior Living  Economic Development Commission Meeting - April 23, 2024, 7:30 a.m.  City Council Meeting - April 24, 2024, 7:30 p.m. Page 12 of 13  City Council Meeting Minutes Wednesday, April 10, 2024 Mr. Gridley read a statement from Mayor Burt regarding the Environmental Protection Agency (EPA) announcement confirming that PFAS has no immediate impact on Woodbury’s water system. He added adjustments are being considered to the City’s water irrigation program. He noted the importance of the new ratings issued by the EPA. Adjournment Mayor Burt moved, seconded by Councilmember Date, to adjourn the meeting at 10:28 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 April 24, 2024. Page 13 of 13