City Council

City Council Agenda May 21, 2024 | 5:30 PM This City Council meeting is taking place virtually and at Eagle Valley Golf Course Banquet Room, 2600 Double Eagle Lane, Woodbury. Members of the public may attend the meeting in person and may also join the meeting using a computer, tablet, or smartphone and accessing the virtual meeting link at woodburymn.gov/VirtualMeetings. Watch the Live Meeting 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. at 651-714-3524 or at council@woodburymn.gov. Questions received after 4:30 p.m. will be responded to in the next three to seven business days. Please note that all agenda times are estimates. 1. Call to Order 2. Pledge to Flag 3. Roll Call 4. Open Forum - 5:32 p.m. 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 and give the sign-up sheet to any staff person, or may also submit a question or comment virtually via the Q&A chat feature on the right side of the live event screen. Please provide your name and address with your question for the official record. 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. 5. Consent Agenda - 5:33 p.m. 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 Council Member 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. 5A. Approval of Minutes - May 8, 2024  Woodbury City Council Agenda May 21, 2024 | 5:30 PM 5B. Authorization to Participate in the Council on Local Results and 24-141 Innovation’s Performance Measurement Program Staff recommends Council adopt RESOLUTION 24-120, a resolution authorizing to participate in the Performance Measurement Program established by the State of Minnesota and the Council on Local Results and Innovation. 5C. Intergovernmental Agreement with Washington Conservation District; 24-142 Native Vegetation Establishment Inspections Staff recommends Council adopt RESOLUTION 24-121, a resolution authorizing execution of the agreement with the Washington Conservation District for native vegetation establishment inspections. 5D. Hargis Parkway and Woodlane Drive Distribution Pipeline; Approve Plans 24-143 and Specifications, Establish Bid Date, and Authorize Preparation, Acquisition and If Necessary, Condemnation of Easements Staff recommends Council adopt RESOLUTION 24-122, a resolution approving plans and specifications, establishing a bid date, and authorizing preparation, acquisition, and if necessary, condemnation of easements for the Hargis Parkway and Woodlane Drive Distribution Pipeline project. 5E. Clean Energy Investment Tax Credits; Professional Accounting Consulting 24-144 Services; Consultant Selection; Amend 2024 Budget Staff recommends Council adopt RESOLUTION 24-123, a resolution authorizing Baker Tilly US, LLP. for Professional Accounting Consulting Services for claiming the Clean Energy Investment Tax Credits and amend the 2024 Adopted Budget. 5F. Bielenberg Watermain Replacement; Acceptance of Grant; Budget 24-145 Amendment Staff recommends Council adopt RESOLUTION 24-124, a resolution accepting a grant from the Environmental Protection Agency for the Congressionally Directed Spending request and budget amendment for the Bielenberg Watermain Replacement project. 5G. Equipment Purchase; Rapid Response Armored Vehicle 24-146 Staff recommends Council adopt RESOLUTION 24-125, a resolution approving the purchase of one armored Chevrolet Suburban from The Armored Group of Phoenix for an amount not to exceed $200,082 through the General Services Administration cooperative purchasing venture.  Woodbury City Council Agenda May 21, 2024 | 5:30 PM 5H. Acceptance of the Minnesota Department of Public Safety Firearms Storage 24-147 Grant in the amount of $5,000 and Approving the Associated Budget Amendment Staff recommends Council adopt RESOLUTION 24-126, a resolution authorizing the acceptance of the Minnesota Department of Public Safety Firearms Storage Grant in the amount of $5,000 and approving the associated budget amendment. 5I. Approval to Amend City Code Chapter 11, Licenses, Permits and 24-148 Miscellaneous Regulations Staff recommends Council adopt ORDINANCE 2055, an ordinance amending City Code Chapter 11 Licenses, Permits and Miscellaneous, Articles IV, V, VI, XII and XIV, Basis for Denial, Registration Ineligibility, License Ineligibility, Persons and Locations Ineligibility for a License, License Eligibility, Issuance, Renewal, and Revocation and Notice of Permit Denial. 5J. Abstract of Bills 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 May 10, 2024 in the amount of $1,362,714.97. 6. Discussion - 5:35 p.m. 6A. Resolution Submitting a Minnesota Government Data Practices Request to 24-149 Woodbury City Council Member Kim Wilson Staff recommends that the Council review RESOLUTION 24-127 and provide any input, edits, or take action on the resolution. 7. Staff Reports - 5:38 p.m. 7A. City Administrator's Report 8. Adjourn to Council Workshop Meeting - 5:40 p.m. The City of Woodbury is subject to Title II of the Americans with Disabilities Act which prohibits discrimination on the basis of disability by public entities. The City is committed to full implementation of the Act to our services, programs, and activities. Information regarding the provision of the Americans with Disabilities Act is available from the City Administrator's office at 651-714-3523. Auxiliary aids for disabled persons are available upon request at least 72 hours in advance of an event. Please call the ADA Coordinator, Clinton P. Gridley at 651-714-3523 (TDD 714-3568) to make arrangements.  Minutes Woodbury City Council Wednesday, May 8, 2024 5A Pursuant to the due call and notice thereof, a regular meeting was duly held virtually and at the Woodbury City Hall, 8301 Valley Creek Road, on the 8th day of May 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; Angela Gorall, Assistant City Administrator; Chris Hartzell, Engineering Director; and Jennifer Payne, Assistant City Engineer. Special Order of Business A. Building Safety Month Proclamation Mayor Burt read a Proclamation in full declaring May 2024 as Building Safety Month 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. Helga Emrich, 8723 Promenade Lane, stated she lives at Stone Crest. She read the following statement: “Stone Crest residents are happy to hear about the City’s plan to renovate and improve Central Park. We understood we would not be able to use the skyway to get to the library and YMCA. We did not know that the parking lot outside the library would be fenced off, making it necessary to walk in the often very busy Promenade Lane. Many drivers who do not live there use this road as a shortcut to avoid traffic lights. This situation is not only inconvenient but downright dangerous, as many of us like to walk to the library, the YMCA, Kowalski’s, Walgreens and Allina Health Center. Since this project will be going on for 18 months, we are asking the City Council for a remedy for our problems. One idea would be to make Promenade Lane a one-way street starting at the point where it is divided by an island to the Interlachen Street Crossing. That would make it possible to create a pedestrian zone. This is a practice done by the City in other places. Another idea would be to close Promenade Lane to through traffic, and only to be used by residents.” Ms. Emrich provided a petition with 60 signatures from Stone Crest residents, and a sketch of the area. Eunice Haagenstad, 8723 Promenade Lane, Stone Crest, stated Stone Crest is not a nursing home, and there are many residents who walk every day. She added traffic is very bad on Promenade Lane and the City needs to think seriously about that street.  City Council Meeting Minutes Wednesday, May 8, 2024 Peter Grasse, 1734 Tamberwood Echo, stated he attended a City workshop on Tamarack Road trails, and learned that the Woodlane Drive trails between Valley Creek and Guider will not be completed in time for the Gold Line opening. He added that is a huge miss for the city, and stressed the importance of the path being operational when the Gold Line is running. He asked that the City do everything possible to get the land acquired and construction completed this year, or a protected pedestrian path placed along that section. 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 – April 24, 2024 Item B To adopt the following resolution Resolution 24-105 Resolution of the City of Woodbury, Washington County, Minnesota amending Council Directive CD- PKREC-7.3 as the City’s official Outdoor Athletic Facility Use Policy. Item C To adopt the following ordinance Ordinance 2054 Ordinance of the City of Woodbury, Washington County, Minnesota amending Chapter 22- Swimming Pools, Article II, Private Swimming Pools. Item D To adopt the following resolution Resolution 24-106 Resolution of the City of Woodbury, Washington County, Minnesota authorizing the acceptance of Lot 7, Block 4 Highcroft Second Addition from Tradition Highcroft Inc. Item E To adopt the following resolution Resolution 24-107 Resolution of the City of Woodbury, Washington County, Minnesota, approving the City of Woodbury 2024 Annual Action Plan. Item F To adopt the following resolution Resolution 24-108 Resolution of the City of Woodbury, Washington County, Minnesota, authorizing execution of the Intergovernmental Agreement with Washington Conservation District for E.coli testing at Carver Lake Beach. Item G To adopt the following resolution Resolution 24-109 Resolution of the City of Woodbury, Washington County, Minnesota awarding the Woodbury Water Treatment Plant PFAS Removal Pressure vessel systems project contract to AqueoUS Vets in the amount of $10,825,201 and authorizing the Mayor and City Administrator to execute contract. Item H To adopt the following resolution Resolution 24-110 Resolution of the City of Woodbury, Washington County, Minnesota authorizing the purchase of the Panasonic Toughbooks for use as police squad computers and Fleet Services laptops. Item I To adopt the following resolution Resolution 24-111 Resolution of the City of Woodbury, Washington County, Minnesota authorizing the acceptance of the Minnesota Department of Public Safety Pathways to Policing Grant in the amount of $68,853.42 and approving the associated budget amendment. Page 2 of 5  City Council Meeting Minutes Wednesday, May 8, 2024 Item J To adopt the following resolution Resolution 24-112 Resolution of the City of Woodbury, Washington County, Minnesota authorizing acceptance of the $2,434.03 donation from Woodbury Community Foundation for the support of Woodbury Public Safety’s Shop with a Cop event. Item K To adopt the following resolution Resolution 24-113 Resolution of the City of Woodbury, Washington County, Minnesota accepting the Minnesota Department of Public Safety Intensive Comprehensive Peace Officer Training Grant in the amount of $50,000 and approving the associated budget amendment. Item L To adopt the following resolution Resolution 24-114 Resolution of the City of Woodbury, Washington County, Minnesota authorizing creation of Assistant City Administrator/City Clerk and Management Analyst positions. Item M To adopt the following resolution Resolution 24-115 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 Hill-Murray Fathers Club at Tamarack Taproom located at 8418 Tamarack Village. Item N 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 19, 2024 in the amount of $3,457,791.76. Councilmember Date moved, seconded by Councilmember Santini, to approve the Consent Agenda items. 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. Adoption of Special Assessments for the Bielenberg Drive and Currell Boulevard Roadway Rehabilitation Project Mayor Burt declared the public hearing open. Assistant City Engineer Jennifer Payne reviewed the proposed project, which was identified through the City’s Capital Improvement Plan. She stated the project includes curb and pavement rehabilitation; construction of new trails; rehabilitation of existing trails; minor spot utility repairs; and treatment of stormwater. She added a public open house was held June 26, 2023, for all residents and business tenants. She noted another open house was held May 2, 2024, for benefited property owners regarding special assessments. Ms. Payne stated City Staff recommends that the City Council hold the assessment hearing and adopt resolutions certifying assessment roll, awarding construction contract, amending budget, and selection of consultant for construction services. Page 3 of 5  City Council Meeting Minutes Wednesday, May 8, 2024 Mayor Burt stated a written objection was submitted by the attorney of Lynn Investment Properties, 7616 Currell Boulevard. Mayor Burt moved, seconded by Morris, to close the public hearing. Voting in Favor: Wilson, Date, Morris, Santini, Burt Absent: None Mayor Burt opened opportunity for discussion and questions from the Council. There were no comments. Councilmember Santini moved, seconded by Councilmember Morris, To adopt the following resolution Resolution 24-116 Resolution of the City of Woodbury, Washington County, Minnesota approving the special assessments for the Bielenberg Drive and Currell Boulevard Roadway Rehabilitation Project. Voting via voice: Kim Wilson – nay Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye B. Bielenberg Drive and Currell Boulevard Roadway Rehabilitation Project (Guider Drive to Valley Creek Road); Award Contract; Amend Budget; Consultant Selection for Construction Administration Services (Item is not a public hearing. Council action needed after close of the Bielenberg Drive and Currell Boulevard Roadway Rehabilitation Assessment Hearing.) Councilmember Santini moved, seconded by Councilmember Morris, To adopt the following resolution Resolution 24-117 Resolution of the City of Woodbury, Washington County, Minnesota awarding the construction contract to McNamara Contracting, Inc. in the amount of $2,345,678.90 for the Bielenberg Drive and Currell Boulevard Roadway Rehabilitation Project (Guider Drive to Valley Creek Road) and authorizing the Mayor and City Administrator to sign said contract. Voting via voice: Kim Wilson – aye 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 24-118 Resolution of the City of Woodbury, Washington County, Minnesota amending the Municipal State Aid Roadway Construction Fund, Parks and Trails Replacement Fund, Storm Water Utility Fund, Water and Sewer Utility Fund, Tax Abatement Plan I-94 Region Fund and amending associated transfers for the Bielenberg Drive and Currell Boulevard Roadway Rehabilitation Project (Guider Drive to Valley Creek Road). Page 4 of 5  City Council Meeting Minutes Wednesday, May 8, 2024 Voting via voice: Kim Wilson – aye 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 24-119 Resolution of the City of Woodbury, Washington County, Minnesota authorizing the Mayor and City Administrator to execute an engineering consulting services contract with Bolton and Menk, Inc. for construction administration services for the Bielenberg Drive and Currell Boulevard Roadway Rehabilitation Project (Guider Drive to Valley Creek Road). Voting via voice: Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Discussion No items scheduled City Administrator’s Report Assistant City Administrator Angela Gorall reviewed the following updates:  The City’s new Destination Marketing Manager will be starting on May 20, 2024.  South Washington Watershed District is seeking input to help shape the 2026 Water Management Plan. Ms. Gorall reviewed the following upcoming meetings:  May 13, 2024, 6:00 p.m. - Neighborhood meeting for St. Ambrose Rectory, Council Chambers  May 20, 2024 - Planning Commission meeting  May 21, 2024 - City Council Workshop to discuss Capital Improvement Plan, Eagle Valley Golf Course Councilmember Santini noted Parks and Recreation Specialist Jeremy Bailey recently received an award which was a big honor. Adjournment Mayor Burt moved, seconded by Councilmember Morris, to adjourn the meeting at 8:07 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 22, 2024. Page 5 of 5  5B City of Woodbury, Minnesota Office of City Administrator Council Letter 24-141 May 21, 2024 To: The Honorable Mayor and Members of the City Council From: Clinton P. Gridley, City Administrator Subject: Authorization to Participate in the Council on Local Results and Innovation’s Performance Measurement Program Summary In 2010, the State of Minnesota established a voluntary performance reporting program for cities and counties and also created the Council on Local Results and Innovation (CLRI). The purpose of the program is to provide cities and counties with incentives to develop, track and report performance data on their critical services. The CLRI was tasked with establishing the set of measures that cities/counties will report to the State in order to meet the requirements for receiving the benefits of the program. The benefits include receiving a reimbursement of $0.14 (fourteen cents) per capita, not to exceed $25,000. From 2011 through 2023, the City participated in the State’s performance reporting program and received a reimbursement of $10,811 for participation in 2023. Recommendation Staff recommends Council adopt the attached resolution authorizing to participate in the Performance Measurement Program established by the State of Minnesota and the Council on Local Results and Innovation. Fiscal Implications Participation in this program provides the City with a reimbursement of $0.14 per capita on an annual basis, not to exceed $25,000, which would be paid in December. The payment is recorded in the General Fund. Policy None Public Process This is the first public process for this item. Council Letter 24-141 May 21, 2024 Page 2 Background In order to participate in the program and receive the benefits, the City Council must formally adopt the set of performance measures on an annual basis (see Standard Measures for Cities). The City of Woodbury has a long-standing performance reporting program and already tracks the minimum number of performance measures required; therefore, the City will not be required to develop any new measures or procedures to participate in this program. In addition, the City will report on the adopted measures to the State Auditor’s Office by their July 1 reporting deadline. Since this is a voluntary program, the City could decide to withdraw its participation in a future year if it no longer agreed with the requirements of the program. At the July 10th Council workshop meeting, Council will be presented the City’s 2023 Performance Measures. Written By: Angela Gorall, Deputy City Administrator Approved Through: Clinton P. Gridley, City Administrator Attachments: 1. Resolution 2. Standard Measures for Cities  Resolution 24- Resolution of the City of Woodbury, Washington County, Minnesota Authorization to participate in the Performance Measurement Program Established by the State of Minnesota and the Council on Local Results and Innovation WHEREAS, benefits to the City of Woodbury for participation in the Minnesota Council on Local Results and Innovation’s comprehensive performance measurement program are outlined in MS 6.91 and include eligibility for a reimbursement as set by State statute; and WHEREAS, any City participating in the comprehensive performance measurement program is also exempt from levy limits for taxes, if levy limits are in effect; and WHEREAS, the City Council of Woodbury has adopted and implemented at least 10 of the performance measures, as developed by the Council on Local Results and Innovation, and a system to use this information to help plan, budget, manage and evaluate programs and processes for optimal future outcomes. NOW, THEREFORE, BE IT RESOLVED THAT, the City Council of the City of Woodbury, Washington County, Minnesota, will continue to report the results of the performance measures to its citizenry by the end of the year through publication, direct mailing, posting on the City’s website, or through a public hearing at which the budget and levy will be discussed and public input allowed. BE IT FURTHER RESOLVED, the City Council of the City of Woodbury will submit to the Office of the State Auditor the actual results of the performance measures adopted by the City. This Resolution was declared duly passed and adopted and was signed by the Mayor and attested to by the City Administrator on the 21st day of May 2024. Anne W. Burt, Mayor Attest: Clinton P. Gridley, City Administrator (SEAL)  `abcdbedÿghbijehiÿkleÿmnanhiÿ 01234567 8 931 63 ÿ$ÿ 523 U3S361V       ÿ   ÿ    ÿ     ÿ ÿ ÿ!  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Gridley, City Administrator Subject: Intergovernmental Agreement with Washington Conservation District; Native Vegetation Establishment Inspections Summary In new development, it has become increasingly more common to establish native vegetation near stormwater best management practices (BMPs), trails, and other open spaces for permanent ground cover. Compared to more traditional methods of ground cover, native vegetation provides many benefits by requiring less fertilizers, pesticides, and water, providing habitat for wildlife and pollinators, reducing erosion, and improving stormwater and air quality. While native vegetation is extremely beneficial, it does require increased levels of maintenance during the first few years of establishment. To assist the City in ensuring that developments are completing proper maintenance on native vegetation establishment, Washington Conservation District (WCD) will perform inspections of site conditions and provide maintenance recommendations to improve the overall quality and trajectory of the native vegetation. Staff will work with developers to ensure proper maintenance is performed in a timely manner. This effort will directly support the primary sustainability priorities identified by residents in the 2024 City of Woodbury Resident Survey, including protecting water resources and wildlife habitats, as well as creating more native vegetation. Staff from the City and the WCD have drafted intergovernmental agreements to memorialize the roles and responsibilities of each agency. Recommendation Staff recommends Council adopt the attached resolution authorizing execution of the agreement with the Washington Conservation District for native vegetation establishment inspections. Fiscal Implications Sufficient funds are available from the Land Disturbance Permit-Native Vegetation Inspection Escrow for an agreement with the Washington Conservation District to inspect native vegetation on an as needed basis in an amount not to exceed $8,000 annually. Policy Critical Success Factor – Environmental Stewardship Council Letter 24-142 May 21, 2024 Page 2 Public Process The WCD Board approved the agreement on May 8, 2024. Background The origin of this program started two years ago in partnership with South Washington Watershed District (SWWD) to pilot the program because of their shared interests and technical expertise. Prior to the program, when outlots were deeded to the City or a private owner after development was completed, they were often in poor condition and filled with weeds, debris, and trash which resulted in increased complaints from the public and additional involvement of City staff to mitigate the issues. Since the inception of the program, sites requiring inspection has increased significantly. Leveraging their mutual interests and technical expertise, the WCD will collaborate with the City and the SWWD to sustain the program at its present and future capacity by performing inspections and providing maintenance recommendations. Written By: Benjamin Guell, Environmental Resources Technician Approved Through: Chris Hartzell, Engineering Director Attachment: Resolution  Resolution 24- Resolution of the City of Woodbury, Washington County, Minnesota Authorizing Execution of the Agreement with the Washington Conservation District for Native Vegetation Establishment Inspections WHEREAS, the City of Woodbury and Washington Conservation District (WCD) have a mutual interest in native vegetation establishment in Washington County and within the City; and WHEREAS, the City of Woodbury and WCD desire to pursue a partnership to ensure areas of native vegetation in new development are properly established through inspections; and WHEREAS, WCD will complete the native vegetation establishment inspections for the City in exchange for an hourly rate, not to exceed $8,000 annually. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Woodbury, Washington County, Minnesota, execute the agreement with Washington Conservation District for native vegetation establishment inspections. This Resolution was declared duly passed and adopted and was signed by the Mayor and attested to by the City Administrator this 21st day of May, 2024. Attest: Anne W. Burt, Mayor Clinton P. Gridley, City Administrator (SEAL)  5D City of Woodbury, Minnesota Office of City Administrator Council Letter 24-143 May 21, 2024 To: The Honorable Mayor and Members of the City Council From: Clinton P. Gridley, City Administrator Subject: Hargis Parkway and Woodlane Drive Distribution Pipeline; Approve Plans and Specifications, Establish Bid Date, and Authorize Preparation, Acquisition and If Necessary, Condemnation of Easements Summary On November 29, 2023, the City Council authorized consultant selection for design and bidding services for the Hargis Parkway and Woodlane Drive Distribution Pipeline Project. The Hargis Parkway and Woodlane Drive Distribution Pipeline Project plans and specifications have been prepared and the next step is to approve the plans and specifications and establish a bid date of June 18, 2024. City staff has determined a public bid as the appropriate method to receive competitive prices from contractors for this work. A need for acquisition of temporary construction and permanent utility easements has been identified. City staff have been working with South Washington County School District staff and we anticipate the easement needs on the Bailey Elementary School site will be acquired without the use of condemnation. Recommendation Staff recommends Council adopt the attached resolution approving plans and specifications, establishing a bid date, and authorizing preparation, acquisition, and if necessary, condemnation of easements for the Hargis Parkway and Woodlane Drive Distribution Pipeline project. Fiscal Implications The proposed 2025 – 2029 Capital Improvement Plan Trunk Water and Sanitary Sewer Fund beginning fund balance included the use of $3,050,000 for the 2024 Hargis Parkway and Woodlane Drive Distribution Pipeline project. Project costs are estimated at $3,280,000 which includes construction, easement acquisition and indirect costs for the Hargis Parkway and Woodlane Drive Distribution Pipeline project. Sufficient funds are available from the Trunk Water and Sanitary Sewer Fund to complete the necessary work. Authorization for use of the Trunk Water and Sanitary Fund will be requested after the bidding process is completed and actual construction costs are determined. Council Letter 24-143 May 21, 2024 Page 2 Policy PFAS water treatment aligns with the 2019-2021 Strategic Initiative 19-01, Ensure Long-term Drinking Water Sustainability and 2022-2024 Strategic Initiative 22-01 Drinking Water Treatment Implementation. The Hargis Parkway and Woodlane Drive Distribution Pipeline Project follows the procedures set by the Minnesota State Statutes regarding competitive bidding. Public Process On November 29, 2023, the City Council authorized consultant selection for the design and bidding services for the Hargis Parkway and Woodlane Drive Distribution Pipeline Project. Significant public process has taken place through the Woodbury Water Treatment Plant project. Background The distribution pipes are necessary for the City’s system for water supply, but aid in managing water supply for growth of the community. This project includes construction of the piping network from well 21 to the existing system located at the Woodlane Drive and Bailey Road intersection. This project is scheduled to be the first pipeline project in coordination of the distribution pipelines with the Water Treatment Plan (WTP) Project and will ensure adequate water system operations. The City’s Public Works and Engineering Departments have completed extensive design work to prepare plans and specifications for the project. Staff is ready to move forward with easement acquisition and construction. Written By: Doug Novak, Engineering Project Coordinator Approved Through: Chris Hartzell, Engineering Director Attachment: Resolution  Resolution 24- Resolution of the City of Woodbury, Washington County, Minnesota Approving Plans and Specifications, Establishing a Bid Date, and Authorizing Preparation, Acquisition, and If Necessary, Condemnation of Easements for the Hargis Parkway and Woodlane Drive Distribution Pipeline Project WHEREAS, the distribution pipes along Hargis Parkway and Woodlane Drive are necessary for the City’s system for water supply; and WHEREAS, on November 29, 2023, the City Council adopted Resolution 23-198, authorizing the preparation of plans and specifications for the Hargis Parkway and Woodlane Drive Distribution Project; and WHEREAS, final design for trunk water distribution infrastructure has been completed in coordination with the Woodbury Water Treatment Plan (WTP) project; and WHEREAS, the need for easement acquisitions in the Bailey Elementary frontage of Hargis Parkway and Woodlane Drive have been identified to be necessary to construct the pipeline. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Woodbury, Washington County, Minnesota as follows: 1. The plans and specifications for the Hargis Parkway and Woodlane Drive Distribution Pipeline Project, which were prepared pursuant to the City Council’s authorization, are hereby approved as the plans and specifications in accordance with which said improvements shall be constructed. 2. The date to receive bids for said improvements is hereby established as June 18, 2024, or as amended by the City Engineer. 3. That the City Clerk is hereby directed to cause to be published in the St. Paul Pioneer Press at least twenty-one (21) days before the dates for opening of bids, a notice to bidders for the construction of said improvements as required by law. 4. The preparation and acquisition of public roadway and/or utility easements and agreements, including necessary appraisals and legal descriptions are hereby authorized. 5. The Mayor and City Administrator are hereby authorized to execute the necessary easements. 6. Staff and legal counsel are hereby authorized to initiate condemnation proceedings for those parcels for which negotiated settlements cannot reasonably be reached. Resolution 24- May 21, 2024 Page 2 7. That the appraisal of damages for the subject takings is hereby approved as the official appraisal of the City. 8. That staff and legal counsel are hereby authorized to take all necessary steps to acquire possession of the subject property pursuant to the provisions of Minnesota Statutes Chapter 117. This Resolution was declared duly passed and adopted and was signed by the Mayor and attested to by the City Administrator this 21st day of May, 2024. Attest: Anne W. Burt, Mayor Clinton P. Gridley, City Administrator (SEAL)  5E City of Woodbury, Minnesota Office of City Administrator Council Letter 24-144 May 21, 2024 To: The Honorable Mayor and Members of the City Council From: Clinton P. Gridley, City Administrator Subject: Clean Energy Investment Tax Credits; Professional Accounting Consulting Services; Consultant Selection; Amend 2024 Budget Summary Central Park was designed to the B3 Guidelines and the Sustainable Building 2030 Energy Standard in accordance with City policies. The B3 Guidelines set performance standards and measures intended to support sustainable design to reduce energy expenditures, enhance the health, well-being, and productivity of the building occupants, and improve the quality of the natural environment. The energy standards within the B3 Guidelines required the construction of both solar and geothermal with the Central Park Improvements. On August 16, 2022, the Inflation Reduction Act (IRA) was signed into law. Within that law were several clean energy tax provisions available for the City to monetize for the implementation of its solar and geothermal sustainability initiatives. Based on the latest treasury guidance, staff anticipates a significant investment tax credit with a net of more than $1 million in additional revenue that will become available after the Central Park property has been placed into service. Claiming the Clean Energy Investment Tax Credits will require the use of professional accounting consulting services that specialize in the IRA energy tax provisions and compliance support during construction. Staff solicited proposals from the only two firms that staff were aware of to provide these types of services. A selection committee was formed with staff from Engineering, Parks & Recreation, and Finance to review and consider proposals received from Eide Bailly, LLP., and Baker Tilly US, LLP. The selection committee selected Baker Tilly US, LLP., because they demonstrated the clearest understanding of the scope of work and the lowest overall cost by a considerable margin. Recommendation Staff recommends Council adopt the attached resolution authorizing Baker Tilly US, LLP. for Professional Accounting Consulting Services for claiming the Clean Energy Investment Tax Credits and amend the 2024 Adopted Budget. Council Letter 24-144 May 21, 2024 Page 2 Fiscal Implications Sufficient fund balance is available from the Community Investment Fund for a budget amendment in the amount of $166,000 to complete the necessary work with Baker Tilly US, LLP., to claim the clean energy investment tax credits. Any additional revenue from the Clean Energy Investment Tax Credits will be accounted for as part of the 2026 Annual Budget process. Policy Purchasing Policy AD-FIN-5.1 which requires Council approval for all contracts that require a budget amendment. Public Process This is the first public process for this item. Background On August 16, 2022, the Inflation Reduction Act was signed into law, marking the most significant action Congress has taken on clean energy and climate change to date. Energy properties eligible for the Clean Energy Investment Tax Credit include tax basis costs for solar and wind technologies, municipal solid waste, geothermal (electric, heat pump, direct use), tidal, energy storage technologies, microturbines for combined heat & power, and interconnection costs. Written By: Chris Hartzell, Engineering Director Attachment: Resolution  Resolution 24- Resolution of the City of Woodbury, Washington County, Minnesota Authorizing Baker Tilly US, LLP. for Professional Accounting Consulting Services for Claiming the Clean Energy Investment Tax Credits and Amend the 2024 Adopted Budget WHEREAS, Central Park was designed to the B3 Guidelines and the Sustainable Building 2030 Energy Standard in accordance with City policies; and WHEREAS, the energy standards within the B3 Guidelines required the construction of both solar and geothermal with the Central Park Improvements.; and WHEREAS, on August 16, 2022, the Inflation Reduction Act (IRA) was signed into law; and WHEREAS, within the IRA were several clean energy tax provisions available for the City to monetize for the implementation of its solar and geothermal sustainability initiatives; and WHEREAS, claiming the Clean Energy Investment Tax Credits will require the use of professional accounting consulting services that specialize in the IRA energy tax provisions and compliance support during construction; and WHEREAS, staff solicited proposals for professional accounting services from two firms; and WHEREAS, of the consulting firm proposals that were received, Baker Tilly US, LLP., demonstrated that they had the clearest understanding the scope of work and the lowest overall cost; and WHEREAS, staff recommends Council adopt the resolution authorizing the Mayor and City Administrator to execute a professional accounting consulting services agreement with Baker Tilly US, LLP. for claiming the Clean Energy Investment Tax Credits. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Woodbury, Washington County, Minnesota as follows: 1. Authorization is given to enter into a professional accounting consulting services agreement with Baker Tilly US, LLP for claiming the Clean Energy Investment Tax Credits. 2. The Mayor and City Administrator are hereby authorized to execute the above consultant contract. Resolution 24- May 21, 2024 Page 2 BE IT FURTHER RESOLVED by the City Council of the City of Woodbury, Washington County, Minnesota to approve the following revenue increase to the 2024 Community Investment Fund Budget: Revenue Category Amount Use of Fund Balance 420-00-000-00000-499000-000- $166,000 BE IT FURTHER RESOLVED that the following expenditure increase be made to the 2024 Community Investment Fund Budget: Expenditure Category Amount Professional Services 420-30-339-00000-530005-000- $166,000 This Resolution was declared duly passed and adopted and was signed by the Mayor and attested to by the City Administrator this 21st day of May, 2024. Attest: Anne W. Burt, Mayor Clinton P. Gridley, City Administrator (SEAL)  5F City of Woodbury, Minnesota Office of City Administrator Council Letter 24-145 May 21, 2024 To: The Honorable Mayor and Members of the City Council From: Clinton P. Gridley, City Administrator Subject: Bielenberg Watermain Replacement; Acceptance of Grant; Budget Amendment Summary The Gold Line Bus Rapid Transit (BRT) project had initially planned on replacing only the sections of Woodbury’s watermain that would be under the BRT infrastructure and would thus leave a mix of old and new infrastructure throughout the Bielenberg Drive corridor. Staff made the recommendation and Council agreed that replacing the entire section of watermain would be the better option for a resilient municipal water system. Public Works staff became aware of possible funding opportunities through the Bipartisan Infrastructure Law (BIL) and reached out to the Minnesota contingent of congresspersons to have this project be considered for the funding. The City was successfully awarded a grant of $468,000 in April of 2023. Staff from the City and the Environmental Protection Agency (EPA) are preparing a Grant Agreement that will comply with all applicable Federal laws and the specifics of the BIL and EPA requirements. This includes complying with Minn. Stat. § 465.03 which requires a City receiving a grant to accept grants by resolution. Recommendation Staff recommends Council adopt the attached resolution accepting a grant from the Environmental Protection Agency for the Congressionally Directed Spending request and budget amendment for the Bielenberg Watermain Replacement project. Fiscal Implications The City was awarded funds in the amount of $468,000 from the 2022 Congressionally Directed Spending requests through the Bipartisan Infrastructure Law (BIL) with a required match of City funds in the amount of 20% for a total project cost of $585,000. A budget amendment in the amount of $468,000 is necessary to account for the additional revenue in the Tax Abatement Plan I-94 Region Fund. Policy This project aligns with AD-FIN-4.3 - Grant Application and Management Policy. The initial approval of City Council to apply or pursue these funds was not done for a few reasons, the main one being timing. There was minimal lead time between when it was discovered that this Council Letter 24-145 May 21, 2024 Page 2 funding opportunity was an option and when the information had to be presented to the legislators. There was very little downside for applying for this funding even with the required local match of funds as this project was moving forward regardless of grant funding results. Public Process This is the first public process for the grant, there have been numerous public processes for the Gold Line BRT project as well as the Subordinate Funding Agreement No. 1. Background On March 18, 2020, City Council approved the Subordinate Funding Agreement No. 1 to the Master Funding Agreement between the City of Woodbury and the Metropolitan Council to include full replacement of the watermain on Bielenberg Drive in coordination with the Gold Line Bus Rapid Transit (BRT) project with a City cost share of $585,000. Staff became aware of possible funding opportunities through the Bipartisan Infrastructure Law (BIL) and reached out to the Minnesota contingent of congresspersons to have this project be considered for the funding through Congressionally Directed Spending requests. This project fits the criteria for the BIL as over $50 billion was set aside for the EPA to improve our nation’s water infrastructure, and there was an emphasis put on projects that were ready to go as this project was. The City was successfully awarded a grant of $468,000 in April of 2023, which is 80 percent of the 2022 pre-bid estimated construction cost of the watermain with the remaining 20 percent expected to be covered by the City. Staff from the City and the Environmental Protection Agency (EPA) are preparing a Grant Agreement and have now made it through the pre-application phase. The agreement defines the roles and responsibilities and cost sharing for each agency. EPA will reimburse the City for their share of the cost up to the $468,000, the actual cost of the watermain was more expensive due to a higher than anticipated bid price. The City will be required to comply will all applicable Federal laws and the specifics of the BIL and EPA requirements. The resolution is coming before Council at this time because we are now at a point where we believe we will be awarded the grant as we have satisfied all the requirements laid out by the EPA while working with their infrastructure specialists. The grant will next be sent to grant specialists within the EPA for approval and any additional requests for information. As per Minn. Stat. § 465.03 which requires a City receiving a grant to accept grants by resolution, this will be a requirement for our next step in the grant approval process. Written By: Drew Boxrud, Engineering Project Coordinator Approved Through: Chris Hartzell, Engineering Director Attachment: Resolution  Resolution 24- Resolution of the City of Woodbury, Washington County, Minnesota Accepting a Grant from the Environmental Protection Agency for the Congressionally Directed Spending Request and Budget Amendment for the Bielenberg Watermain Replacement Project WHEREAS, on March 18, 2020, City Council approved the Subordinate Funding Agreement No. 1 to the Master Funding Agreement between the City of Woodbury and the Metropolitan Council to include replacement of the entirety of the Bielenberg Drive Watermain with the Gold Line Bus Rapid Transit (BRT) Project with a City cost share of $585,000; and WHEREAS, Staff reached out to the Minnesota congressional contingent requesting the Bielenberg Watermain Replacement Project (Project) be included in the Bipartisan Infrastructure Law (BIL); and WHEREAS, the City was successfully awarded a grant for 80 percent of the estimated construction costs in the amount of $468,000 in April of 2023; and WHEREAS, staff from the City and the EPA are preparing a Grant Agreement; and WHEREAS, the agreement defines the roles and responsibilities and cost sharing for each agency; and WHEREAS, Minn. Stat. § 465.03 requires a City to accept grants by resolution expressing the terms prescribed by the donor in full; and WHEREAS, the Bielenberg Drive Watermain Replacement project was funded from the Tax Abatement Plan I-94 Region Fund; and WHEREAS, staff recommends Council adopt a resolution accepting a grant from the EPA in the amount of $468,000 for the Bielenberg Watermain Replacement and approving the associated budget amendment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Woodbury, Washington County, Minnesota as follows: 1. That acceptance of the $468,000 grant from the EPA is hereby authorized in accordance with the terms set forth herein. BE IT FURTHER RESOLVED by the City of Woodbury to approve the following revenue increase to the 2024 City Budget: Fund/Account Amount Tax Abatement Plan I-94 Region Fund Federal Grants & Aids 468-30-339-00000-431005-000- $ 468,000 Resolution 24- May 21, 2024 Page 2 BE IT FURTHER RESOLVED that the following 2024 expenditure increase be made: Fund/Account Amount Tax Abatement Plan I-94 Region Fund Addition to Fund Balance 468-30-339-0000-57000-000- $468,000 This Resolution was declared duly passed and adopted and was signed by the Mayor and attested to by the City Administrator this 21st day of May, 2024. Attest: Anne W. Burt, Mayor Clinton P. Gridley, City Administrator (SEAL)  5G City of Woodbury, Minnesota Office of City Administrator Council Letter 24-146 May 21, 2024 To: The Honorable Mayor and Members of the City Council From: Clinton P. Gridley, City Administrator Subject: Equipment Purchase; Rapid Response Armored Vehicle Summary Staff requests approval for the purchase of one additional rapid response armored vehicle. More specifically, staff requests approval to purchase one armored Chevrolet Suburban from The Armored Group of Phoenix which is an addition to the fleet and included in the 2024 Adopted Capital Improvement Fund Budget. Recommendation Staff recommends Council adopt the attached resolution approving the purchase of one armored Chevrolet Suburban from The Armored Group of Phoenix for an amount not to exceed $200,082 through the General Services Administration cooperative purchasing venture. Fiscal Implications The bid submitted by The Armored Group and additional costs associated with the purchase, is as follows: One Armored Chevrolet Suburban $194,750 Unforeseen minor specification changes $5332 Subtotal Not to Exceed Amount Payable to The Armored Group $200,082 Tax, title and registration $4,918 City required equipment $6,000 TOTAL NOT TO EXCEED PURCHASE COST $211,000 Budgeted amount $205,000 Purchase cost exceeding budget $6,000 The 2024 Adopted Capital Improvement Fund Budget includes $205,000 for this purchase. The purchase cost in excess of budget can be accommodated currently from other rolling stock purchases that have experienced a positive budget variance. Council Letter 24-146 May 21, 2024 Page 2 Policy The General Services Administration Cooperative Purchasing venture has issued a contract for this type and model vehicle which allows state, local, and tribal governments to purchaser law enforcement products directly off the General Services Administration contract. The City of Woodbury meets this requirement. The City saves the time and expense of developing individual specifications and advertising by purchasing vehicles and equipment through cooperative purchasing. The cooperative goes through a public bidding process, and meets all the City purchasing requirements. Public Process May 17, 2023 – 2024-2028 Capital Improvement Plan Council Workshop June 28, 2023 - 2024-2028 Capital Improvement Plan Adoption Background As part of the 2024 Capital Improvement Fund (Capital Project Fund) budget, funds have been budgeted for the purchase of one additional rapid response armored vehicle. Fleet Services Manager, Fleet Services Public Services Workers, Police Commander and Sergeant have worked together on the specifications for this equipment, which will be assigned to the Police Division to provide discreet, mobile protection to shield officers and the public from firearm and explosive related threats. Written By: Dan Solheid, Fleet Services Manager Approved Through: Mary Van Milligen, Public Works Director Attachment: Resolution  Resolution 24- Resolution of the City of Woodbury, Washington County, Minnesota Approving the Purchase of One Armored Chevrolet Suburban from The Armored Group of Phoenix for an Amount Not to Exceed $200,082 Through the General Services Administration Cooperative Purchasing Venture WHEREAS, the General Services Administration has a cooperative purchasing venture; and WHEREAS, The City of Woodbury meets the requirement to purchase off the General Services Administration cooperative purchasing venture; and WHEREAS, the General Services Administration has awarded the armored Chevrolet Suburban to The Armored Group of Phoenix, Arizona, Contract No. GS-07F-9375S; and WHEREAS, the City of Woodbury wishes to purchase one armored Chevrolet Suburban under said contract; and WHEREAS, the purchase of the armored Chevrolet Suburban total to a not to exceed purchase cost of $200,082; and WHEREAS, the 2024 Adopted Capital Improvement Fund Budget includes $205,000 to purchase this equipment along with other positive budget variances to cover the full purchase cost. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Woodbury, Washington County, Minnesota as follows: 1. That the bid of The Armored Group in the amount not to exceed $200,082 for the purchase of one armored Chevrolet Suburban is the lowest bid under the General Services Administration cooperative purchasing venture. 2. That a contract to purchase this equipment is awarded to The Armored Group of Phoenix, Arizona and that the Mayor and City Administrator are hereby authorized and directed to enter into a contract with said bidder. 3. That the total expenditure for this purchase including City required equipment and applicable fees shall not exceed $211,000. This Resolution was declared duly passed and adopted and was signed by the Mayor and attested to by the City Administrator this 21st day of May, 2024. Attest: Anne W. Burt, Mayor Clinton P. Gridley, City Administrator (SEAL)  5H City of Woodbury, Minnesota Office of City Administrator Council Letter 24-147 May 21, 2024 To: The Honorable Mayor and Members of the City Council From: Clinton P. Gridley, City Administrator Subject: Acceptance of the Minnesota Department of Public Safety Firearms Storage Grant in the amount of $5,000 and Approving the Associated Budget Amendment Summary The Minnesota Department of Public Safety’s Office of Justice Programs has awarded a 2024- 2025 Firearms Storage Grant of $5,000 to Woodbury Public Safety. The program is intended to support the safe and secure storage of firearms owned by persons subject to Extreme Risk Protection Orders (ERPO). As the new ERPO law took effect on January 1, 2024; jurisdictions are anticipating a significant increase in recovered firearms from persons under an ERPO. This grant funding allows jurisdictions to expand their safe and secure storage for recovered firearms. Recommendation Staff recommends Council adopt the attached resolution authorizing the acceptance of the Minnesota Department of Public Safety Firearms Storage Grant in the amount of $5,000 and approving the associated budget amendment. Fiscal Implications A budget amendment to the 2024 Adopted Annual Budget in the amount of $5,000 is necessary to account for the grant revenues and additional associated Police Division expenditures in the General Fund. Policy This program aligns with AD-FIN-4.3 Grant Application and Management Policy. Public Process This is the first public process for this item. Council Letter 24-147 May 21, 2024 Page 2 Background The 2024-2025 Firearms Storage grant covers 100 percent of the costs up to $5,000 in allowable expenses to increase the safe storage of firearms recovered under the ERPO Law. Allowable expenses include, but are not limited to, firearm lockers, safes and boxes, gun racks, electronic keypads for securing gun storage rooms, barcode scanners, and other equipment or administrative expenses directly related to the safe and secure storage of firearms taken from persons under an ERPO. There is no local match required for the $5,000 over the one-year period. Any additional costs will be the responsibility of the recipient agency. Written By: Garret Kissner, Police Commander Kyra Crepin, Emergency Services Coordinator Approved Through: Jason Posel, Director of Public Safety/Chief Attachment: Resolution  Resolution 24- Resolution of the City of Woodbury, Washington County, Minnesota Acceptance of the Minnesota Department of Public Safety Firearms Storage Grant in the amount of $5,000 and Approving the Associated Budget Amendment WHEREAS, the Minnesota Department of Public Safety has awarded the City of Woodbury a grant in the amount of $5,000; and WHEREAS, the Firearms Storage grant allows jurisdictions to increase their secure and safe storage of any firearms that are removed from subjects under an Extreme Risk Protection Order; and WHEREAS, Minn Stat. § 465.03 requires a City to accept grants by resolution expressing the terms prescribed by the donor in full; and WHEREAS, a resolution from the City Council authorizing the City of Woodbury to accept grants is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Woodbury, Washington County, Minnesota that acceptance of the 2024-2025 Minnesota Department of Public Safety Firearms Storage Grant of $5,000 is hereby authorized in accordance with the terms set forth herein. BE IT FURTHER RESOLVED, by the City Council of the City of Woodbury, Washington County, Minnesota to approve the following revenue increase to the 2024 Budget: Fund/Account Amount General Fund – State Grants & Aids-Other 101-20-225-00000-432010-000 $5,000 BE IT FURTHER RESOLVED that the following 2024 expenditure increase be made: Fund/Account Amount General Fund Police Division – Operating Supplies-Small Equipment 101-20-225-00000-521030-000 $5,000 This Resolution was declared duly passed and adopted and was signed by the Mayor and attested to by the City Administrator this 21st day of May, 2024. Attest: Anne W. Burt, Mayor Clinton P. Gridley, City Administrator (SEAL)  5I City of Woodbury, Minnesota Office of City Administrator Council Letter 24-148 May 21, 2024 To: The Honorable Mayor and Members of the City Council From: Clinton P. Gridley, City Administrator Subject: Approval to Amend City Code Chapter 11, Licenses, Permits and Miscellaneous Regulations Summary The City Attorney has advised that Chapter 11 of the City Code should consistently provide authority for the City to deny registrations, permits, and licenses to protect the health, safety, and welfare. This amendment is considered a housekeeping measure. Recommendation Staff recommends Council adopt the attached ordinance amending City Code Chapter 11 Licenses, Permits and Miscellaneous, Articles IV, V, VI, XII and XIV, Basis for Denial, Registration Ineligibility, License Ineligibility, Persons and Locations Ineligibility for a License, License Eligibility, Issuance, Renewal, and Revocation and Notice of Permit Denial. Fiscal Implications Not applicable. Policy Woodbury City Code Chapter 11, Licenses, Permits, and Miscellaneous Regulations, Articles IV, V, VI, XII and XIV, Basis for Denial, Registration Ineligibility, License Ineligibility, Persons and Locations Ineligibility for License, License Eligibility, Issuance, Renewal, and Revocation, and Notice of Permit Denial. Public Process This is the first time this ordinance has been before the City Council. Background This ordinance amendment is intended to provide for basis for denial and ineligibility criteria to protect the health, safety, and welfare for permits, registrations, and licenses in the City of Woodbury. Written By: Kimberlee K. Blaeser, City Clerk Approved Through: Angela Gorall, DeputyCity Administrator Attachment: Ordinance Amending Chapter 11, License, Permits and Miscellaneous  CITY OF WOODBURY WASHINGTON COUNTY, MINNESOTA ORDINANCE 2055 An Ordinance of the City of Woodbury, Minnesota Amending City Code Chapter 11, Licenses, Permits and Miscellaneous, Articles IV, V, VI, XII, AND XIV, Basis for Denial, Registration Ineligibility, License Ineligibility, Persons And Locations Ineligible for a License, License Eligibility, Issuance, Renewal, and Revocation, and Notice of Permit Denial THE CITY COUNCIL OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA DOES ORDAIN: Section 1. Purpose. This ordinance amendment is intended to provide for basis for denial and ineligibility criteria to protect the health, safety, and welfare for permits, registrations, and licenses in the City of Woodbury. Section 2. Chapter 11 Article IV. Solicitors. Sec. 11-50, is hereby amended to add the following: (7) Other unforeseen circumstances or conditions exist such that the issuance of a license may unreasonably endanger the health, safety, and welfare of the public. Section 3. Chapter 11 Article V. Mobile Vendors. Sec. 11-80, is hereby amended to add the following: (7) Other unforeseen circumstances or conditions exist such that the issuance of a license may unreasonably endanger the health, safety, and welfare of the public. Section 4. Chapter 11 Article VI. Peddlers. Sec. 11-95, is hereby amended to add the following: (7) Other unforeseen circumstances or conditions exist such that the issuance of a license may unreasonably endanger the health, safety, and welfare of the public. Section 5. Chapter 11 Article XII. Pawnbrokers/Precious Metal Dealers. Sec. 11-409, is hereby amended to add the following: (d)(2) Other unforeseen circumstances or conditions exist such that the issuance of a license may unreasonably endanger the health, safety, and welfare of the public. Section 6. Chapter 11 Article XIV. Massage Therapy Business and Massage Therapist Licenses. Sec. 11- 503, is hereby amended to add the following: (a)(12) and (b)(10) Other unforeseen circumstances or conditions exist such that the issuance of a license may unreasonably endanger the health, safety, and welfare of the public. Section 7. Effective Date. This ordinance shall take effect from and after its passage and publication as required by law. Passed and adopted by the City Council of the City of Woodbury, Washington County, Minnesota this 21st day of May 2024. _______________________________ Anne W. Burt Mayor Attest: _________________________________ Clinton P. Gridley City Administrator  6A City of Woodbury, Minnesota Office of City Administrator Council Letter 24-149 May 21, 2024 To: The Honorable Mayor and Members of the City Council From: Clinton P. Gridley, City Administrator Subject: Resolution Submitting a Minnesota Government Data Practices Request to Woodbury City Council Member Kim Wilson Summary The City Council has become aware that City Council Member Kim Wilson is independently and without consent recording and retaining audio data. The City Council wishes to have an understanding of the audio recordings that City Council Member Wilson is recording and retaining. As directed on May 8, 2024, City Staff has prepared for consideration by the Council a proposed resolution directing a Minnesota Government Data Practices Act (MGDPA) request to Council Member Kim Wilson to provide to the City Clerk all recordings, made since she took office on January 1, 2020 through the present. Recommendation Staff recommends that the Council review the attached resolution and provide any input, edits, or take action on the resolution. Fiscal Implications Not applicable. Policy Minnesota Statute Chapter 13 - Minnesota Data Practices Public Process On May 8, 2024, the City Council directed City staff to prepare a proposed resolution directing a MGDPA request to Council Member Kim Wilson. Council Letter 24-149 May 21, 2024 Page 2 Background All cities must comply with the MGDPA. The MGDPA regulates how cities manage government data. Government data is defined as “all data collected, created, received, maintained, or disseminated” by a covered governmental entity “regardless of physical form, storage media, or conditions of use.” DPO 94-026. The types of data regulated by the MGDPA is not limited to the paper files at city hall, but includes computerized files, e-mails, photographs, charts, maps, videotapes, audio tapes, and even handwritten notes and working documents. Workshop sessions are open to the public, and as of late, the meetings have been live streamed.1 As allowed by state law, long-term city practice, and City Council Workshop Protocol Policy CD- COUNCIL-2.6, “the workshop session is not recorded and no official minutes of the workshop session shall be prepared.” The rationale for this practice is that workshops are part of an educative phase of Council’s decision-making process and provide an opportunity for discussion between elected members and council staff. Workshops cannot be used to make final decisions - these can only be made at council meetings. A public official recording workshops, phone calls or personal interactions without consent can have transparency, interpersonal and legal repercussions, and runs contrary to a city’s goals of making data management and handling DPA requests more manageable. Written By: Kimberlee K. Blaeser, City Clerk Approved Through: Angela Gorall, Assistant City Administrator Attachments: Resolution 1 Live streaming, audio or video recording, nor minutes for workshops are not required by law. Council training sessions are not live streamed.  Resolution 24- Resolution of the City of Woodbury Washington County, Minnesota Submitting a Minnesota Government Data Practices (MGDPA) Request to Woodbury City Council Member Kim Wilson WHEREAS, the Minnesota Government Data Practices Act (MGDPA), Minnesota Statutes 13, is a series of state laws that controls how government data is collected, created, stored, used, and released that balances the public’s right to know what its government is doing, the right to privacy, and the government’s need to function responsibly and efficiently; and WHERAS, the City of Woodbury’s Government Data Practices Act Guidelines and Procedures and City Council Roles and Guidelines CD-COUNCIL-2.5 have been instituted to facilitate and ensure compliance with the MGDPA; and WHEREAS, the Administration and Finance Department and the office of the City Clerk have been charged with management of all pertinent City data in compliance with MGDPA and Woodbury’s Government Data Practices Act Guidelines and Procedures; and WHEREAS, data by elected City Council Member associated with their public duties are covered by the MGDPA, as well as associated City procedures and policies; and WHEREAS, the City Council has become aware that City Council Member Kim Wilson has been independently and without notice making audio recordings of various meetings and interactions, and has been separately retaining that data outside of the data retention schedules and records management practices of the City; and WHEREAS, the City Council wishes to have a better understanding of the audio recordings that City Council Member Wilson has been recording and retaining pursuant to the City’s obligations to inventory, track and maintain its data sources; and WHEREAS, on May 8, 2024, the City Council directed City staff to draft a resolution compelling City Council Member Kim Wilson, through the MGDPA, to provide to the City Clerk copies of all recordings, made from January 1, 2020 through present. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Woodbury, Washington County, Minnesota, directs City Council Member Kim Wilson to provide all audio recordings as outlined above to the City Clerk as soon as reasonably possible. This Resolution was declared duly passed and adopted and was signed by the Mayor and attested to by the City Administrator this 21st day of May, 2024. Attest: Anne W. Burt, Mayor Clinton P. Gridley, City Administrator (SEAL)  7A City Administrator's Report May 21, 2024 Neighborhood Meetings 1. Woodbury Water Treatment Plant and Pipelines Project Open House, May 22, 5:30 p.m., Ash North and South Conference Rooms 2. Washington County CSAH 16 (Valley Creek Road) Corridor Study Open House, June 5, 4:00 p.m., Ash North and South Conference Rooms Preliminary Items Scheduled for the Planning Commission Meeting of June 3, 2024: 1. Easy Pickleball, Conditional Use Permit, Project No. 011-2024-00550 2. Water Treatment Plant 3. Project Wrangler Planned Unit Development, Conditional Use Permit, Site and Building Plan, Project No. 01-2024-00547 Preliminary Items Scheduled for the Joint Council Workshop Meeting with Cottage Grove of May 29, HERO Training Center, 10125 85th Street South: 1. HERO Annual Report 2. Public Safety (Police & Fire) 3. 3M Settlement Project Updates 4. South Washington Watershed District Annual Report 5. SWCTC Commission Annual Report 6. Community Development Activity Council Retreat, June 4, M Health Fairview Sports Center, 4125 Radio Drive, Woodbury Preliminary Public Hearings Scheduled for June 12, 2024: 1. Easy Pickleball, Conditional Use Permit, Project No. 011-2024-00550 2. St. Ambrose Rectory, Conditional Use Permit, Project No. 26-2024-00551 3. Wholford Pinetum, Preliminary Plat and Final Plat, Project No. 33-2024-00542 4. Water Treatment Plant 5. Project Wrangler Planned Unit Development, Conditional Use Permit, Site and Building Plan, Project No. 01-2024-00547 Other Meetings 1. Economic Development Commission, May 28, 7:30 a.m., Public Works Carver Conference Room 2. Audit and Investment Commission, June 6, 7:30 a.m., Ash North and South Conference Rooms Respectfully submitted, Clinton P. Gridley City Administrator