City Council

Minutes Woodbury City Council Wednesday, April 24, 2024 Pursuant to the due call and notice thereof, a regular meeting was duly held virtually and at Woodbury City Hall, 8301 Valley Creek Road, on the 24th day of April 2024. Call to Order Mayor Anne Burt called the meeting to order at 5:30 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; Tony Kutzke, Assistant Engineering Director/City Engineer and Janelle Schmitz, Community Development Director. Closed Session Mayor Burt read the following statement: Pursuant to Minnesota Statute 13D.05 Subsection 3b and based upon the advice of the City Attorney, I recommend that the City Council enter into and hold a closed meeting to discuss the following pending litigation: Aqueous Film-Forming Foams Products Liability Multi-District Litigation, also known as PFAS drinking water class action litigation against 3M, DuPont and others. The reason for the City Council’s action to close the meeting results from the City Council’s conclusion that a balancing of the purposes of attorney client privilege for confidential legal counsel advice and discussion of litigation strategy against the purposes of the open meeting law demonstrates the need for absolute confidentiality as to this pending litigation matter. The City Council will reconvene its regular meeting following the closed session and the City Attorney will provide a summary report of the closed session. Mayor Burt called for a motion to enter into and hold a closed hearing for the purpose stated above. Councilmember Morris moved, seconded by Councilmember Date, to enter into and hold a Closed Session. Councilmember Wilson stated she voiced her objection to the change in the regularly scheduled City Council meeting from 7:30 p.m. to 5:30 p.m. She added she did not receive prior notice and was not notified regarding the time frame. City Attorney Kevin Sandstrom stated Councilmember Wilson raised this concern with City Staff. He added City Staff posted a meeting notice last week as required by Statute. He noted posting of a notice is required to be given with 3 days’ advance notice and 1 day notice to City Council. He apologized for the inconvenience. Voting via voice: Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Reconvene Regular City Council Meeting  City Council Meeting Minutes Wednesday, April 24, 2024 A. Report on Closed Session Regarding the Pending Aqueous Film-Forming Foams Products Liability Litigation Mayor Burt reconvened the meeting at 6:36 p.m. City Attorney Kevin Sandstrom stated a closed session was held related to attorney client privilege for the City Council to receive an update from the City’s special counsel, Taft Law Firm, regarding Aqueous Film-Forming Foam litigation that has been ongoing for some time. During the closed session, participants included the five Councilmembers, City Attorney Sandstrom, City Administrator Clint Gridley, Public Works staff Mary Van Milligen and Jim Westerman, and three members of the Taft Law Firm. Following discussion with the attorneys, the City Council directed City Staff to authorize the Taft Law Firm to move forward with pursuing litigation claims on behalf of the City against several defendants in relation to claims that have not yet been settled. Special Order of Business A. Peace Officers Memorial Day and Police Week Proclamation Mayor Burt read in full a Proclamation declaring May 15, 2024, as Peace Officers Memorial Day and May 12-18, 2024, as National Police Week in the City of Woodbury. Mayor Burt expressed her gratitude to Woodbury’s Peace Officers and Public Safety Director Jason Posel. B. 2024 Emergency Medical Services Week Proclamation Mayor Burt read in full a Proclamation declaring May 19-25, 2024, as Emergency Medical Services Week in the City of 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. Jeff Rageth, 3438 Churchill Drive, stated the Angel of Hope Memorial has touched the hearts and lives of many people. He expressed his gratitude for the support of the partnership between the City of Woodbury and the Woodbury Community Foundation. He added bushes and shrubs have been removed from the memorial site, and it is no longer a secluded and private area. He requested that City Staff work with the relevant parties to restore the privacy and beauty of the site as soon as possible. City Administrator Clint Gridley stated the bushes were trimmed and the result was disappointing. He added City Staff are planning new landscaping on the site and will work with the parties involved to rectify the situation. 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. Councilmember Wilson requested that Consent Agenda Items 8L and 8Q be removed for discussion purposes. Item A Approval of Council Minutes – April 10, 2024 Item B To adopt the following resolution Resolution 24-86 Resolution of the City of Woodbury, Washington County, Minnesota amending Resolution 242-85 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 2 of 8  City Council Meeting Minutes Wednesday, April 24, 2024 Item C To approve the Tamarack Center 2nd Addition, Final Platt, Project No. 05-2023-00540, subject to the conditions as outlined in Council Letter 24-106: 1. The PUD, Conditional Use Permit, Preliminary Plat and Site and Building Plan conditions remain in full effect. 2. Prior to the release of the Final Plat, all permanent easements and rights-of-way necessary for existing and proposed street and utility improvements shall be granted to the City at no cost. 3. The Applicant shall be financially responsible for 100 percent of all storm sewer, sanitary sewer and water main area and connection charges applicable to the property. 4. Plat approval and release shall be conditional on adherence to all requirements of the city attorney, including, but not necessarily limited to, any express requirements contained in the city attorney’s plat opinion Item D To adopt the following resolution Resolution 24-87 Resolution of the City of Woodbury, Washington County, Minnesota approving award of bid and execution of a contract with Do-Right Contracting, in the amount of $202,334, for the construction of the park site improvements associated with the Copper Hills Development, including bid alternates 1 and 2 for the half-court basketball and shelter, and authorizing the Mayor and City Administrator to sign said contract. Item E To adopt the following resolution Resolution 24-88 Resolution of the City of Woodbury, Washington County, Minnesota approving the Encroachment Agreement between Flint Hills Resources, LLC, and the City of Woodbury for installation of pedestrian lighting within Flint Hills Resources, LLC, pipeline easement. Item F To adopt the following resolution Resolution 24-89 Resolution of the City of Woodbury, Washington County, Minnesota authorizing application to the Minnesota Pollution Control Agency (MPCA) Local Climate Action Grant for Rooftop Solar at Fleet Services. Item G To adopt the following resolution Resolution 24-90 Resolution of the City of Woodbury, Washington County, Minnesota accepting grant funds from Washington County for the 2024 Municipal Recycling Grant and approving the associated budget amendment. Item H 1. To adopt the following ordinance Ordinance 2053 Ordinance of the City of Woodbury, Washington County, Minnesota amending Chapter 20, Article V – Right-of-Way Management, Section 20-73, Issuance of permit; conditions, Section 20-79 – Denial of Permit. Item I To adopt the following resolution Resolution 24-91 Resolution of the City of Woodbury, Washington County, Minnesota for the addition of Woodlane Drive from Glen Road to the southern City limits to the City’s designated Municipal State Aid Street System. Item J To adopt the following resolution Resolution 24-92 Resolution of the City of Woodbury, Washington County, Minnesota awarding the Contract for the 2024 Rejuvenator Project to Corrective Asphalt Materials, LLC., and authorizing the Mayor and City Administrator to execute the construction contract. Item K To adopt the following resolution Resolution 24-93 Resolution of the City of Woodbury, Washington County, Minnesota awarding the contract for the 2024 Parks Pavement and Asset Replacement Project to Bituminous Roadways with a net bid of $822,328 and authorizing the Mayor and City Administrator to sign said contract. Item L Property Damage Reimbursement Council Directive CD-PW-4.10. This item was removed from the Consent Agenda and moved to the Discussion portion of the meeting. Page 3 of 8  City Council Meeting Minutes Wednesday, April 24, 2024 Item M To adopt the following resolution Resolution 24-95 Resolution of the City of Woodbury, Washington County, Minnesota authorizing approving the Joint Powers Agreement between the City of Woodbury and the State of Minnesota Internet Crimes Against Children Task Force (MICAC). Item N To adopt the following resolution Resolution 24-96 Resolution of the City of Woodbury, Washington County, Minnesota authorizing the closing of a certain fund and transfer of assets and liabilities. Item O To adopt the following resolution Resolution 24-97 Resolution of the City of Woodbury, Washington County, Minnesota authorizing the transfer of funds between certain funds. Item P To adopt the following resolution Resolution 24-98 Resolution of the City of Woodbury, Washington County, Minnesota approving various 2023 final budget adjustments. Item Q Redemption of General Obligation Park and Open Space Refunding Bonds, Series 2013B. This item was removed from the Consent Agenda and moved to the Discussion portion of the meeting. Item R To adopt the following resolution Resolution 24-100 Resolution of the City of Woodbury, Washington County, Minnesota authorizing the purchase of group medical insurance from Medica and amending the City contribution toward the employee group medical insurance program. To adopt the following resolution Resolution 24-101 Resolution of the City of Woodbury, Washington County, Minnesota authorizing the City to self- fund dental insurance benefits, hiring HealthPartners as the administrative service organization and maintaining the City contribution toward the Employee Group Dental Insurance Program. To adopt the following resolution Resolution 24-102 Resolution of the City of Woodbury, Washington County, Minnesota authorizing the purchase of life and long-term disability insurance from Symetra. To adopt the following resolution Resolution 24-103 Resolution of the City of Woodbury, Washington County, Minnesota authorizing the purchase of short-term disability advice-to-pay administrative services from Symetra. To adopt the following resolution Resolution 24-104 Resolution of the City of Woodbury, Washington County, Minnesota authorizing the offering of voluntary supplemental insurance from AFLAC and voluntary vision insurance from EyeMed Vision Care. Item S The abstract of bills includes payments made from the operating or project budgets for expenses of the city. The expenditures are from all funds of the city. Any purchased contracts requiring signature of the mayor and City Administrator is hereby approved. Staff recommends approval of the abstract of bills for April 5, 2024 in the amount of $1,023,876.02 and April 12, 2024 in the amount of $2,360,095.68. Councilmember Date moved, seconded by Councilmember Santini, to approve Consent Agenda Items with the exception of Items 8L and 8Q. Page 4 of 8  City Council Meeting Minutes Wednesday, April 24, 2024 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 “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. Hope Woodbury LLC dba Hope Breakfast Bar Woodbury, 1930 Donegal Drive, Suite 100, On Sale Intoxicating Liquor License including Sunday and Patio Sales Mayor Burt declared the public hearing open. City Clerk Kimberlee Blaeser reviewed an application from Hope Breakfast Bar for an on-sale intoxicating liquor license including Sunday and patio sales for their new restaurant at 1930 Donegal Drive, Suite 100. The public hearing was noticed for 7:30 pm on April 24, 2024 and the City Attorney has recommended that, due to scheduling changes, should members of the public appear at 7:30 pm to speak at the public hearing, they will be provided an opportunity to do so during the April 24, 2024 City Council Workshop Session. Ms. Blaeser stated City Staff recommends City Council approval of an on-sale intoxicating liquor license including Sunday and patio sales for Hope Breakfast Bar Woodbury, 1930 Donegal Drive Suite 100, effective at 8:00 pm on April 24, 2024. Mayor Burt asked when the restaurant would be opening. A representative of Hope Breakfast Bar Woodbury stated the restaurant is planned to be open in mid to late May. Mayor Burt moved, seconded by Councilmember Morris, to close the public hearing. Voting in Favor: Wilson, Date, Morris, Santini, Burt Absent: None Councilmember Wilson asked how the application can be revisited if someone wishes to speak on this item at 7:30 p.m. and the City Council meeting is already adjourned. Attorney Sandstrom stated the City Council would consider any comments that are brought to them during the Workshop prior to the City Council meeting. He added, since the time change for the Public Hearing has been noticed during the City Council meeting, the public hearing can be reviewed at the Workshop. Councilmember Wilson asked whether Mr. Sandstrom’s legal opinion is that this application can be addressed even after the City Council meeting is adjourned. Mr. Sandstrom confirmed this. Councilmember Santini moved that the City Council meeting be adjourned after the Work Session. Motion failed for lack of a second. Mr. Gridley stated this is a routine decision and there will be other meetings for which agenda amendments may be required. He added the City Attorney and City Staff have confirmed that the meeting schedule complies with legal requirements. Mr. Sandstrom recommended a motion supporting reconsideration of the issue during the Workshop if any members of the public wished to comment. Ms. Blaeser recommended that the City Council could keep the public hearing open until 7:30 p.m., take public comment on this issue, and then move into Workshop. Page 5 of 8  City Council Meeting Minutes Wednesday, April 24, 2024 Councilmember Morris moved, seconded by Councilmember Santini, to keep the public hearing open until 7:30 p.m. Voting in Favor: Wilson, Date, Morris, Santini, Burt Absent: None B. PR Operations LLC dba the ’Wick Pub & Grill, 9555 Wedgewood Drive, On Sale Intoxicating Liquor License including Sunday and Patio Sales Mayor Burt declared the public hearing open. Ms. Blaeser reviewed an application for on-sale intoxicating liquor license including Sunday and Patio Sales from PR Operations doing business as the ’Wick Pub & Grill at their new location at 9555 Wedgewood Drive. The new liquor license is required due to a change of ownership. The public hearing was noticed for 7:30 pm on April 24, 2024, and the public hearing can remain open until 7:30 p.m. Ms. Blaeser stated City Staff recommends approval of the application effective 8:00 p.m. on April 24, 2024, and effective upon cancellation of the existing license at 9555 Wedgewood Drive. Jim Kelly, 48 Dellwood Avenue, Dellwood, MN, stated he is the applicant and owner of Prestwick Golf Club and the ’Wick Pub & Grill. Mayor Burt stated the hearing will remain open. Discussion A. Consent Agenda Item 8L. Property Damage Reimbursement Council Directive CD-PW-4.10. Councilmember Wilson stated she is voting differently. Councilmember Date moved, seconded by Councilmember Santini, To adopt the following resolution Resolution 24-94 Resolution of the City of Woodbury, Washington County, Minnesota approving revisions to Property Damage Reimbursement Council Directive CD-PW-4.10. Voting via voice: Kim Wilson – no Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye B. Consent Agenda Item 8Q. Redemption of General Obligation Park and Open Space Refunding Bonds, Series 2013B. Councilmember Wilson stated she is voting differently. Councilmember Date moved, seconded by Councilmember Santini, To adopt the following resolution Resolution 24-99 Resolution of the City of Woodbury, Washington County, Minnesota authorizing the calling for redemption of General Obligation Park and Open Space Refunding Bonds, Series 2013B. Voting via voice: Kim Wilson – no Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Page 6 of 8  City Council Meeting Minutes Wednesday, April 24, 2024 Transportation Report (2nd meeting of the month, May-October) City Engineer Tony Kutzke reviewed ongoing and upcoming road rehabilitation projects. - 2023 Roadway Rehabilitation Project - I-94 MnDOT Construction Project, including impacts to Tamarack Road Bridge - Gold Line project – closure of Guider Drive between Queens Drive and Bielenberg Drive. Transit station scheduled to be open for operations in spring 2025 - Boulder Ridge Area Road Rehabilitation project currently under way in 4 different areas, to be completed in July - Lake Road 4 to 3 lane conversion - Phase 1 to be constructed in April and May, and Phase 2 in June and July. Roundabout closure scheduled in June at Settlers Ridge Parkway and Lake Road - Lake Road Trail Construction Project – ongoing over the next two months - Cottage Grove Drive being repaved this week from Dale Road south to the Woodbury border Stay connected and sign up for In Touch updates. City Administrator’s Report Mr. Gridley reviewed upcoming City meetings: - Tamarack Road Rehabilitation Open House - April 20, 2024, at 5:00 p.m., Evergreen West Park Building - Bielenberg Drive/Currell Boulevard Road Rehabilitation Project Open House - May 2, 2024, 2:00 p.m., Birch Conference Room - City Council Workshop and Regular Meeting - May 8, 2024 - Parks and Natural Resources Commission Meeting – May 7, 2024 -6:00 p.m. tour of community garden and Andy’s Bark Park -7:00 p.m. in Ash North and South Conference Rooms Mayor Burt moved, seconded by Councilmember Morris, to recess the meeting at 7:27 p.m. Voting in Favor: Wilson, Date, Morris, Santini, Burt Absent: None Mayor Burt moved, seconded by Councilmember Morris, to re-open the meeting at 7:30 p.m. Voting in Favor: Wilson, Date, Morris, Santini, Burt Absent: None 9A. Hope Woodbury LLC dba Hope Breakfast Bar Woodbury, 1930 Donegal Drive, Suite 100, On Sale Intoxicating Liquor License including Sunday and Patio Sales (continued) Council Member Morris moved, seconded by Council Member Date, to close the public hearing. Voting in Favor: Wilson, Date, Morris, Santini, Burt Absent: None Councilmember Morris moved, seconded by Councilmember Santini, to approve an On Sale Intoxicating Liquor License including Sunday and Patio Sales to Hope Woodbury LLC dba Hope Breakfast Bar Woodbury located at 1930 Donegal Drive, Suite 100 effective at 8:00 p.m. on April 24, 2024. Voting via voice: Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Page 7 of 8  City Council Meeting Minutes Wednesday, April 24, 2024 9B. PR Operations LLC dba the ’Wick Pub & Grill, 9555 Wedgewood Drive, On Sale Intoxicating Liquor License including Sunday and Patio Sales (continued) Mayor Burt moved, seconded by Councilmember Morris, to close the public hearing. Voting in Favor: Wilson, Date, Morris, Santini, Burt Absent: None Councilmember Morris moved, seconded by Councilmember Santini, to approve an On Sale Intoxicating Liquor License including Sunday and Patio Sales to PR Operations LLC dba The Wick Pub and Grill located at 9555 Wedgewood Drive as follows: a. Effective at 8:00 p.m. on April 24, 2024; and b. Effective upon the cancellation of the existing license at 9555 Wedgewood Drive activated upon Prestwick Restaurant, LLC dba The Wick Pub & Grill notification of the sale of the business or proof of sale provided to the City. Voting via voice: Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Adjournment Mayor Burt moved, seconded by Councilmember Morris to adjourn to the meeting at 7:35 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 May 8, 2024. Page 8 of 8