City Council

Minutes Woodbury City Council Wednesday, July 10, 2024 Pursuant to the due call and notice thereof, a regular meeting was duly held virtually and at the Woodbury City Hall, 8301 Valley Creek Road, on the 10th day of July 2024. Call to Order Mayor Anne Burt called the meeting to order at 7:30 p.m., and she welcomed those attending the meeting both in person and virtually. Mayor Burt explained that members of the public may attend the meeting in person and may also join the meeting using a computer, tablet, or smartphone. She stated public comments will be accepted during the meeting both in person and virtually. Virtual questions should be submitted via the online Q&A feature within the virtual meeting link. Questions regarding the meeting will also be taken between the hours of 8:00 a.m. to 4:30 p.m. via email at council@woodburymn.gov or at 651-714-3524. Questions received after 4:30 p.m. will be responded to in the next three to seven business days. Pledge to Flag Audience, staff, and Council pledged allegiance to the flag of the United States of America. Roll Call Upon roll call the following were present: Mayor Anne Burt, Councilmembers: Kim Wilson, Andrea Date, Steve Morris, and Jennifer Santini. Absent: None Others Present: Kimberlee K. Blaeser, City Clerk; Kevin Sandstrom, City Attorney; Clinton Gridley, City Administrator; Janelle Schmitz, Community Development Director; and Chris Hartzell, Engineering Director. Special Order of Business A. Report on Closed Session Regarding the Status and Strategy of Ongoing Union Labor Negotiations City Attorney Kevin Sandstrom reported that during the June 12, 2024 City Council meeting there was a closed session in order to discuss labor negotiation strategy. The closed session was held under Statute 13d.03 where the discussion was focused particularly on the Public Works department, the City police union and the City firefighters and EMS workers. He noted the people in attendance for the closed session included City Administrator Clinton Gridley, Public Safety Director Jason Posel, Assistant City Administrator Angela Gorall, HR manager Jody Brown, himself, Councilmember Santini, Councilmember Wilson and Mayor Burt. B. Presentation of Community Member Lifesaving Award Mayor Burt mentioned that sergeant Scott Melander would be describing the situation and what happened. Sergeant Melander stated that the Woodbury Public Safety would like to take the opportunity to recognize Chizim Kelechi Abagi for his life saving efforts of a young girl’s life. In May of 2024, Chizim Kelechi Abagi was inside his family’s home, his mother and mother’s friend were outside watching the friend’s 10-year-old daughter play in the pool. The young child began to struggle in the water. The adults watching tried to encourage the child to the wall of the pool and attempted to utilize a cleaning tool to pull her to wall. However, the child went under the water and became motionless in the deep end of the pool. Chizim’s mother and mother’s friend were not strong swimmers, but they knew Chizim could swim. The mother of the 10-year old ran inside the home to get Chizim. Chizim quickly ran outside, jumped into the pool, swam to the very bottom and was able to pull the child out of the pool. The child remained motionless and not breathing. Chizim, along with the mother of the child began doing CPR on the child. The child began spitting up water, breathing and regained consciousness prior to the arrival of first responders. Chizim’s quick and courageous actions saved the life of a young child. His heroic and lifesaving actions are recognized and honored with the Community Member Lifesaving award. Mr. Kelechi Abagi explained that he reacted by instinct. He added that he received swimming lessons as a child and was surprised for his own capabilities. He thanked God for giving him the ability to do what he did that day. C. Swearing in of New Firefighters Brong Khang and Hannah Campbell Fire Chief Chris Klein shared the meaning of the badge and called Brong Khang and Hannah Campbell forward. 1. Oath – Mayor Burt and New Firefighters Brong Khang and Hannah Campbell  City Council Meeting Minutes Wednesday, July 10, 2024 Mayor Burt presided over the swearing in of Firefighters Brong Khana and Hannah Cambell, after which they each had their badges pinned on by a family member or other important person in their life. D. Swearing in of New Police Officers Richard Thao and Evan Rust 1. Meaning of the Badge - Public Safety Director Jason Posel Public Safety Deputy Chief Omar Maklad shared the meaning of the badge and called Richard Thao and Evan Rust forward. 2. Oath - Mayor Burt and New Officers Richard Thao an Evan Rust Mayor Burt presided over the swearing in of Police Officers Richard Thao and Evan Rust, after which they each had their badges pinned on by a family member or other important person in their life. 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. Andy Nielsen, 6060 Military Road, stated that he purchased his home in 2009 and had to have a sewer mound system put in. Barry Brown designed the system. Sewer mound systems are required to be at least 100 feet away from a historic high water mark on a lake. In 2008, the sewer mound system was approved and put in. In 2018, Newport wanted to put sewer lines through his front yard. With the help of the City, Newport was able to put the sewer lines on the other side of the street. In 2020, his septic tanks flooded and he contacted the City where he heard that Woodbury, Cottage Grove and Newport were getting together to discuss the watershed that was flooding. He has not received contact from the City until this year. He mentioned that his neighbors would be meeting with Engineering Director Chris Hartzell and Washington County on Friday and wanted to let the Council know that the issue has been happening since 2020 and would like to get a response. He added that he was not invited to the meeting on Friday since he has not received communication from the City but would be attending the meeting with his neighbors. Mayor Burt replied that the City would need to investigate the history and apologized for situation. City Administrator Clinton Gridley added that it will significantly involve the County since they do all the septics. The storm water has an aspect of the City as well as the watershed district. Mr. Nielsen explained the problem is that the lake water level has spiked far above historic levels. He noted that someone will come out and look at the culvert and say that it is not plugged and will leave without further discussion. He stated that the issue is not the culvert but that the grading has been changed which causes water to pool in a ditch and does not have anywhere to drain. Engineering Director Chris Hartzell replied that he was familiar with the issue and was not aware there was a meeting being held on Friday. He added that the watershed manages the interagency between Woodbury and Newport. He mentioned his understanding is that the lake and outlets are designed to the 100-year high water level event and is currently operating as it was designed. The City does not have regulation over the septic system but will get back to Mr. Nielsen. Mr. Nielsen expressed his frustration that he personally went to the City to give his complaint and comments and did not receive any communication back from the City. He added that he has tried to call and email the City but still did not hear anything back and noted that he should have been invited to the meeting since his neighbor received a response and an invite to the meeting while he did not. Mr. Hartzell replied that he did not know what had happened but Mr. Nielsen could reach out to him in the future. Mr. Nielsen stated that Mr. Hartzell should have a conversation with Kristin Seaman since he had been trying to contact her and never received a response. Mr. Hartzell replied that he would. Karen Bauman, 7894 Dumore Road, mentioned that it is difficult to see when drivers come out of Kwik Trip off Radio Drive due to the large trees and grass. She added that there is a lot of congestion on Radio Drive due to the school and restaurants in the area and it seems like the landscaping is not being kept up. Dave Hoelzel, 10846 Birch Lane, asked for a status update regarding Resolution 24-127 which directed Councilmember Wilson to turn over a list of audio recordings made while serving on the City Council. During the June 4, 2024 Council workshop, Councilmember Wilson shared that there is legal representation that was retained and would not be answering anymore questions until that had been resolved. He asked for an update regarding the compliance of the Resolution and asked that all Councilmembers were held accountable to the responsibilities under the Council Resolutions and directives that were passed. If the actions are not taking place, he asked that the Council would take the next appropriate actions available. He noted that he specifically was thinking of the Council directive 2.13. Page 2 of 7  City Council Meeting Minutes Wednesday, July 10, 2024 Mayor Burt replied that she did not personally have an update regarding the matter. Mr. Gridley mentioned that there would be follow up. Councilmember Wilson noted that there was a letter issued to Mr. Gridley today with some information that included some compliance. 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 Joint Meeting Minutes with the City of Cottage Grove – May 29, 2024. This item was removed from the Consent Agenda and moved to the Discussion portion of the meeting. Item B Approval of Council Minutes – June 12, 2024 Item C To adopt the following resolution Resolution 24-145 Resolution of the City of Woodbury, Washington County, Minnesota authorizing execution of a professional engineering consulting services agreement with Short Elliot Hendrickson, Inc., for the Southeast Water Tower and Piping project and authorizing use of the Trunk Water and Sanitary Sewer Fund. Item D To adopt the following resolution Resolution 24-146 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 engineering and construction services for the TH 95 Turn Lane Improvement Project (Private Construction). Item E To adopt the following resolution Resolution 24-147 Resolution of the City of Woodbury, Washington County, Minnesota establishing a public improvement hearing date of July 24, 2024, for the 2025 Roadway Rehabilitation Project. Item F To adopt the following resolution Resolution 24-148 Resolution of the City of Woodbury, Washington County, Minnesota awarding the construction contract to A1 Excavating, LLC., authorizing a professional services agreement with WSB for construction services and use of the Trunk Water and Sanitary Sewer Fund for the Hargis Parkway and Woodlane Drive Distribution Pipeline project. Item G To adopt the following resolution Resolution 24-149 Resolution of the City of Woodbury, Washington County, Minnesota establishing a public improvement hearing date of July 24, 2024, for the Tamarack Road from Weir Drive to Radio Drive Pavement Rehabilitation Project. Item H To adopt the following resolution Resolution 24-150 Resolution of the City of Woodbury, Washington County, Minnesota awarding the construction contract to Pine Bend Paving in the amount of $458,991 for the Eagle Valley Golf Course Parking Lot Rehabilitation Project, authorizing the Mayor and City Administrator to sign said contract, and amending the Eagle Valley Golf Course Fund budget. Item I To adopt the following resolution Resolution 24-151 Resolution of the City of Woodbury, Washington County, Minnesota authorizing acceptance of City of Woodbury Water Treatment Plant Pre-Procurement Grant Amendment #1 reducing the grant in the amount of $2,880,000 from Minnesota Pollution Control Agency and approval of budget amendment to the Water and Sewer Utility Fund. Page 3 of 7  City Council Meeting Minutes Wednesday, July 10, 2024 Item J To adopt the following resolution Resolution 24-152 Resolution of the City of Woodbury, Washington County, Minnesota authorizing advanced ordering of 2025 replacement vehicles and one additional ambulance. Item K To adopt the following resolution Resolution 24-153 Resolution of the City of Woodbury, Washington County, Minnesota certifying curb stop repair for 2206 Wallingford Lane to the Washington County Auditor. Item L To adopt the following resolution Resolution 24-154 Resolution of the City of Woodbury, Washington County, Minnesota appointing election judges for the August 13, 2024, Statewide Primary. Item M City Code Amendment Chapter 2 Administration, Article II, Section 2.21 – Mayor and City Council Compensation. This item was removed from the Consent Agenda and moved to the Discussion portion of the meeting. 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 June 7, 2024 in the amount of $4,059,219.37, June 14, 2024 in the amount of $948,476.91, June 21, 2024 in the amount of $2,991,602.16 and June 28, 2024 in the amount of $2,794,481.10. Councilmember Santini moved, seconded by Councilmember Date, to approve the Consent Agenda items with the exception of items 6A and 6M. Voting via voice: Kim Wilson – aye Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Mayor Burt highlighted Item 6F and noted that it was the first major work being done regarding the water treatment project. The bids came in 25% less than what the engineers had estimated. Mayor Burt noted that for Item 6I the City received a large grant of nearly $3 million for the treatment plant. Public Hearings No items scheduled Discussion Consent Agenda Item 6A. Approval of Joint Meeting Minutes with the City of Cottage Grove – May 29, 2024. Councilmember Wilson pulled this item for discussion and explained that she did not know why the Council would approve the minutes when they were typed up and produced by the City of Cottage Grove. She noted that the Council does not have minutes for workshop meetings. She asked why the Council should approve the minutes when they were going to be posted on the Cottage Grove website and it seemed inconsistent to have minutes when the Council does not typically have minutes for workshop meetings. Mr. Gridley replied that each time the two cities get together, one of the cities hosts and takes the lead. In this case, it was Cottage Grove’s protocol to create a document and bring it before their Council. Since Cottage Grove was doing this, it seemed appropriate for Woodbury to follow their protocol. There is no requirement for the City to approve the minutes. Mayor Burt noted that Councilmember Wilson had a good point of the policy stating minutes are not required for a workshop. Councilmember Wilson stated that she is an advocate for minutes but did not understand why the City would submit the one set of minutes for a workshop meeting. Page 4 of 7  City Council Meeting Minutes Wednesday, July 10, 2024 Councilmember Wilson asked if a motion needed to be made. Mr. Sandstrom replied that since the item was pulled from the Consent Agenda, the Council did not need to take action and that it was clear that they were not approved. Consent Agenda Item 6M. City Code Amendment Chapter 2 Administration, Article II, Section 2.21 – Mayor and City Council Compensation. Councilmember Wilson pulled this item for discussion and stated she was voting different. Councilmember Morris asked that Councilmember Wilson clarify her language in the future to say that she is voting differently from the recommendation of Staff since she does not know how the other Councilmember’s will vote. Councilmember Wilson replied that since it is a Consent Agenda item, which means it will typically be approved which is why she mentions that she will be voting differently. Councilmember Morris explained that since the item is pulled, now it is a separate discussion with a separate motion and wondered what her thoughts were on the item. Councilmember Wilson noted that the compensation for the Mayor and Council was an Ordinance that was passed and then sent to the Audit and Investment Commission where it was discussed extensively. She mentioned that she City desires to be between 95%-125% for the Council and Mayor. She added that the figure was determined by comparing to other cities, but the cities that Woodbury has compared itself to has not been consistent. She also expressed concern that we are setting up future mayors and Councilmembers with an unrealistic expectation of what the job entails. Councilmember Date moved, seconded by Councilmember Santini, To adopt the following ordinance Ordinance 2057 Ordinance of the City of Woodbury, Washington County, Minnesota providing that the City Code be amended by amending Chapter 2, Administration, Article II, City Council; Section 2-21 Compensation. Councilmember Morris agreed with Councilmember Wilson’s comments regarding having unification in the cities that Woodbury is being compared to. Mr. Gridley replied that the class one cities like Minneapolis are included just as information. In terms of computing the average, the major cities are not used. Mayor Burt asked Mr. Gridley to explain what cities of the first class mean. Mr. Gridley explained it includes Minneapolis, St. Paul, Rochester, and Duluth. Mayor Burt added that those cities typically have a full-time mayor. Mr. Gridley noted that some Councils are provided full benefits. The County commissioners have a similar level benefit to full-time employees with higher salaries. Councilmember Morris stated that there are some cities that are missing in the comparison. He added that he would like to consider how the information is presented to the Audit and Investment Commission and that the information in the packet is tightened a bit. Councilmember Santini noted that the cities that are referenced are a similar population size and demographic to Woodbury. She suggested layering in neighboring cities as an added component. Mr. Gridley replied that Staff could include that but Woodbury is a larger cities than our surrounding cities. Councilmember Morris note that there are no east metro cities in the comparison. Councilmember Date stated that the comparison includes cities in the seven County metro area with populations 60,000-95,000 which is how it has been determined for a long time. She mentioned that the Council had decided it would be the last time the method would be used and that moving forward, the Council would like to use a different model for providing compensation that would be more around the work that is done and hours that are put in instead of just comparing to the average. Councilmember Wilson replied that she did not remember that conversation. Councilmember Date mentioned that it was during the November meeting. Mayor Burt stated that the Council discussed it but did not think they gave direction for it. Mr. Gridley explained that the Council had a difficult time determining the best course during the November meeting because the Council does not fill out timesheets. He added that comparing other cities compensation and the population is an easier calculation. Councilmember Wilson agreed and explained that excluding Bloomington, the other cities that offer benefits and are starred are below the City in terms of Council pay. She expressed her gratitude for the work that Mayor Burt is doing and that it is easy to compensate her for her work. However, she expressed concern that moving forward, the range may be too high with it being at 125%. Voting via voice: Kim Wilson – nay Andrea Date – aye Steve Morris – aye Jennifer Santini – aye Anne Burt – aye Page 5 of 7  City Council Meeting Minutes Wednesday, July 10, 2024 Transportation Report (2nd meeting of the month, May-October) No items scheduled City Administrator’s Report Mr. Gridley shared that the City received and approved two housing developments. The first one is off Manning Avenue and the second is off Karen Drive. The Woodbury Housing Redevelopment Authority has submitted applications for tax exempt bonding allocations to the State for the two housing developments. The City was not funded, however, the City received high scores and hopes to be more successful in the future. Mayor Burt mentioned that there are unprecedented dollars available for affordable housing and wondered if there is more funding available for affordable housing. She added that it seems that the City should get approved pretty quickly with all of the extra money. Community Development Director Janelle Schmitz replied that she believed the allocation for the particular type of funding is limited and there is a priority given to certain types of projects. She added that preservation projects tend to take priority. Mayor Burt asked when the next opportunity to apply for additional funds was. Ms. Schmitz replied it was in January 2025. Mr. Gridley explained that there is a risk since the area is in special zones that expire after two years. Councilmember Santini asked if the expiration of the zones would be taken into consideration in the application. Ms. Schmitz replied that the City would hope so and that it is highlighted in the application process. Mayor Burt stated that the City is promoting affordable housing in the community and are doing their part to make it happen. Mr. Gridley mentioned that there is a new employee, Eric Satre, for Destination Woodbury. The first task is the website development. The Economic Development Commission will receive regular updates regarding Destination Woodbury. Mr. Gridley noted that the rental licensing program is a new program to the City. After six months of the program, 1,700 dwelling units are now licensed, and 42 multi-dwelling are licensed. Renters are starting to understand that the City has the availability. The Council discussed the program and put it in place and now the system is starting to work. Mayor Burt added that 25.9% of all of the units in Woodbury are rentals and 74.1% are owned occupied. Councilmember Date asked the numbers included apartments. Mayor Burt replied that it did. Mr. Gridley stated that the City is not seeing many new apartment buildings going up since the rates have increased. The market seems to be focused on single-family housing and townhome units. Mr. Gridley announced that the City has received a grant of $200,000 to accelerate the new innovative water efficiency program. The grant will be used to supplement the commercial and homeowners cost share program and implement a residential water softening optimization and replacement pilot program. This will also include a residential pressure regulated sprinkle head replacement pilot program. Mr. Gridley mentioned that the Council discussed in the workshop about the League of Minnesota Cities recognizing Woodbury as the 2024 Sustainable City award. Mayor Burt received the award. He congratulated the Staff, particularly Environmental Resources Technician Heidi Quinn, Environmental Resource Coordinator Kristin Seaman, Environmental Resources Manager Jen McLoughlin and Mr. Hartzell. He added that one of the three initiatives is the Environmental Stewardship Strategic Initiative. Mayor Burt explained that it was an honor to receive the award since there were only a few awards they had a highlight video for. Mr. Gridley stated that the video is available on YouTube right now and can search LMC 2024 Awards to find the video. Mr. Hartzell stated that the League of Minnesota Cities would like to present the award at the Council meeting but they are not available to attend the meeting until the end of August. Mr. Gridley noted Woodbury IT was recognized in a national IT publication called Route Fifty for their work with the State of Minnesota on a new state wide cybersecurity program. At the heart of this program is a new Managed Detection and Response software called CrowdStrike that is now in place protecting all Woodbury computers. This security solution replaced our old antivirus solution. Councilmember Wilson clarified that it was all Woodbury City computers, not computers owned by residents in the City. Mr. Gridley agreed. Mr. Gridley stated the DEI Committee, in collaboration with the Community Relations Division, hosted a Staff-led event in honor of Juneteenth on June 18, 2024. Staff were greeted at the patio behind City Hall with music from DJ NorthStar and delicious treats from Dorothy Ann Bakery. Staff were encouraged to use a reflection sheet as they walked the trail, stopping to note highlights of what they learned from the informative signage. The event was a great way to come together and learn about the meaning and history behind Juneteenth. The Juneteenth Trail Walk was open to the community from June 7-25. Page 6 of 7  City Council Meeting Minutes Wednesday, July 10, 2024 Mr. Gridley noted the Water Treatment Plant and Pipelines Project webpage is available at woodburymn.gov/WaterTreatment. It was launched in fall 2023 and promoted this spring, as 60% design of the project was approved by the state. Staff will continue updating the site as more construction details and impacts are available. In addition, an InTouch email list for project updates has been created. The InTouch list has been promoted at the Community Expo, project open house in May and in the City Update newsletter. Mr. Gridley referenced his report about Woodbury Detective Nick Wachal apprehending a suspect. Mr. Gridley stated the City has completed the plan sets for the water treatment plant and it is out for bids. The plan set is 2,500 pages long and there is a lot of initial bidder interest. There will be a general contractor, who will manage all of the subs. There will be an extensive invite list for the ground breaking. It is anticipated that the grounding breaking event would happen in early October. Councilmember Morris asked if the Council would need to go back to the MPCA or the 3M settlement when the bid comes in. Mr. Gridley replied that the City would get grants to cover their share. Mr. Gridley stated the 100 Best Fleets contest has recognized North America’s most efficient and effective public fleet operations for over 20 years and is the premier public fleet recognition program. The application requires 12 specific criteria: Accountability, Use of Technology & Information, Collaboration, Creativity, Performance Recognition and Celebration, Evidence of High Trust Culture, Financial Management for Fleet Operations, Doing it right the First Time, Quick Efficient Turnaround, Competitive Pricing, Staff Development, Resources Stewardship. Our team is so proud to announce the City of Woodbury Fleet placed 60 in 2024. Mr. Gridley mentioned the storm water system is working well despite the more than average rain water. Mr. Gridley gave a verbal update of upcoming City meetings:  July 15, 2024 – Planning Commission Meeting  July 16, 2024 –Neighborhood Meeting: Safe Streets for All Presentation and Open House, 5:00 p.m., Council Chambers  July 17, 2024 –Neighborhood Meeting: Woodlane Drive Corridor Study Open House, 4:30 p.m., Ojibway Park, 2695 Ojibway Drive  July 19, 2024 – Audit and Investment Commission, 7:30 a.m., Council Chambers  July 22, 2024—Neighborhood Meeting: Valor Academy, 6:00 p.m., Council Chambers  July 23, 2024 – Economic Development Commission, 7:30 a.m., Public Works Carver Conference Room  July 24, 2024 – Council Workshop  July 24, 2024 – Public Hearing  July 25, 2024 – Neighborhood Meeting: Woodlane Drive and Hargis Parkway Distribution Pipeline, 6:00 pm. Bailey Elementary Commons Area, 4124 Woodlane Drive. Mayor Burt asked Ms. Schmitz if project Wrangler was a new construction or a buildout of an existing building. Ms. Schmitz replied that it was a new construction. Mayor Burt mentioned the website for the water treatment plant is helpful. She asked Mr. Hartzell if the dashes that indicate the water pipes was accurate. Mr. Hartzell replied that they are accurate. He added that there is a detailed design with a number of phases of implementation. The sizes of the trench was designed in the plan development but can vary due to the size of the pipes and other variables. Adjournment Mayor Burt moved, seconded by Councilmember Morris, to adjourn the meeting at 8:38 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 July 24, 2024. Page 7 of 7