City Council - Workshop Meetings

City Council Workshop Meeting Ash Conference Rooms April 02, 2025 | 5:30 PM This City Council Workshop meeting is taking place virtually and at Woodbury City Hall in the Ash Conference Rooms. 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 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. Unfinished workshop items will be carried over to the end of the Council meeting. 5:00 p.m. Dinner – Birch Conference Room The intent of the workshop session is to provide a forum for City Council and City staff to discuss more in-depth Council items, exchanging viewpoints and visions prior to the item being set for Council action at a regular meeting of the City Council. Workshop sessions are neither a public hearing nor an open microphone session. No formal votes will be taken and any direction from Council will be in consensus format. The workshop session is not recorded. Workshop Agenda 1. Workshop Discussion Items - 5:30 p.m. 1A. Nuisance Abatement and City Code Analysis 25-85 1B. Presentation on Street Lighting Utility Fund – Rate Study Primer; 25-86 Information Item 2. Administrator Comments and Updates* - 7:00 p.m. 3. Mayor and City Council Comments and Commission Liaison Updates* - 7:05 p.m. 4. Adjournment - 7:15 p.m.  Items under comments and updates are intended to be informational or of brief inquiry. More substantial discussion of matters under comments and updates should be scheduled for a future agenda.  Woodbury City Council Agenda April 02, 2025 | 5:30 PM 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.  1A City of Woodbury, Minnesota Office of City Administrator Council Workshop Letter 25-85 April 2, 2025 To: The Honorable Mayor and Members of the City Council From: Clinton P. Gridley, City Administrator Subject: Nuisance Abatement and City Code Analysis Summary This workshop item is the second of a two-part series focusing on nuisance abatement and the use of public property. In February, the Council received a primer on the City’s approach to nuisance issues, including what qualifies as a nuisance, as well as a summary of case law and legal considerations. Staff highlighted the importance of working with individuals to acknowledge and remove the barriers that may be contributing to a nuisance in order to effectively gain compliance. The workshop attachments provide an in-depth look at City Code and the tools staff utilize to remedy nuisance violations. Recommendation Staff recommends the City Council direct staff to prepare routine ordinance updates related to nuisance items and enforcement. Governance Mode1  Strategic - Setting priorities, reviewing and modifying strategic plans, and monitoring performance against plans. Focus is the “ends” rather than the "means”.  Generative - Identifying key questions, anticipating future challenges, framing of issues, development of options. Problem-framing. What to pay attention to, what it means, and what to do about it. How does it fit with our mission, vision and values? Fiscal Implications Fiscal implications are not anticipated at this time, but if policy changes are requested, there could be additional costs in terms of staffing and overtime for enforcement. 1 Items marked “fiduciary” are primarily business-oriented topics; “strategic” items are primarily related to long- term strategies or goals; and “generative” items are primarily meant to produce new thoughts or ideas. Council Workshop Letter 25-85 April 2, 2025 Page 2 Policy Several sections of City Code are applicable, as well as State Statute; see attached matrix. Public Process  February 12, 2025 Council Workshop Background As a government entity, the City serves the public good using a variety of tools to ensure health and safety, maintain quality infrastructure, and provide a safe and welcoming environment for residents, businesses and visitors. Numerous staff within Public Safety, Public Works, Parks, and Community Development are charged with addressing nuisances as they arise. Staff has prepared the attached scenario matrix which explores possible nuisance activities and the relevant code sections that the City would use to remedy the issue. Staff reviewed current ordinances and found the existing language within code to be ample to address potential nuisances within the community. As is common when reviewing codes that were adopted over decades, staff has identified minor language edits that will aid in clarity and enforcement with any code revisions being proposed to be reviewed at a subsequent Council meeting. No major policy modifications or significant code additions were identified as necessary by both staff and the City Attorney. Written By: Ashleigh Sullivan, Assistant City Administrator/City Clerk Approved Through: Clint Gridley, City Administrator Attachment: Scenario Matrix Nuisance Abatement and City Code Analysis City Code Review Matrix April 2, 2025 Scenario City Code State Statute Description Frequency Weeds and long grasses x x Sec.27-55 – Lawn Maintenance Weekly in Summer Lawn areas must be maintained by the lot owner to meet either the eight-inch standard or the natural standard as follows: (a)Prohibited noxious weeds as defined by state statute are prohibited in all areas including gardens and agriculture land. (b)R-4 zoned residential lots one acre or less must meet the eight-inch standard. Any lot that is in compliance with the lawn maintenance ordinance and has had no violations within the calendar year may have a natural area not to exceed 35 percent of the rear yard area. (c)R-4 zoned residential lots more than one acre must meet the eight-inch standard in the following areas: (1)Five thousand square feet of front lawn area; (2)Within 20 feet of the dwelling; and (3)Within 20 feet of the curb or shoulder of the road. Other areas may meet the natural standard. (d)R-2 zoned platted residential lots must meet the eight-inch standard in the following areas: (1)Within 20 feet of the dwelling; and (2)Within 20 feet of the curb or shoulder of the road. Other areas may meet the natural standard. (e)R-2 zoned unplatted lots must meet the eight-inch standard within 20 feet of the dwelling. Other areas may meet the natural standard. (f)R-1 zoned lots must meet the eight-inch standard within 20 feet of the dwelling. Other areas may meet the natural standard .(g)Nonresidential lots and institutional lots in all zoning districts must meet the eight-inch standard in the following areas: (1)Within 20 feet of the buildings; (2)Within 20 feet of parking lots; and (3)Within 20 feet of the curb or shoulder of the road. Other areas may meet the natural standard. Sec. 15-2. - Illustrative enumeration. (a)The following are nuisances affecting health, safety, comfort or repose:(1)All decayed or unwholesome food offered for sale to the public. (8)All noxious weeds, tall grasses and other rank growths. The word "weeds" means all noxious weeds as defined by the state law and all useless and troublesome plants as are commonly known as weeds to the general public Excessive noise from a business or home x Monthly Sec. 15-2. - Illustrative enumeration. (b)The following are nuisances affecting public peace and safety: (6) All unnecessary noises and annoying vibrations. (26) All unnecessary noises which tend to disturb the peace and repose of neighboring property owners. Excessive odor from a business or home x 3-4 years Sec. 15-2. - Illustrative enumeration. The following are nuisances affecting health, safety, comfort or repose: (12)Dense smoke, noxious fumes, gas and soot or cinders in unreasonable quantities. (b)The following are nuisances affecting public peace and safety: (30)Odors, gases, steam, vapor, hot air, grease, smoke, or other gaseous or particulate wastes shall not be discharged upon abutting, adjacent, or surrounding properties. Graffitti on buildings, fences or other x Yearly Sec. 15-2. - Illustrative enumeration. structures (b)The following are nuisances affecting public peace and safety: (29) Any graffiti, writings, drawings or inscriptions made on exterior surfaces of buildings, structures, signs, utility boxes, and other locations not formally approved as signs by the city. Page 1 of 3 Nuisance Abatement and City Code Analysis City Code Review Matrix April 2, 2025 Scenario City Code State Statute Description Frequency Accumulation of trash, debris or broken x Monthly Sec. 24-252. - Refuse material on a property (a) In all districts, all waste material, debris, refuse, recycling, yard waste, or garbage shall be kept in an enclosed building which is constructed of the same materials as the principal structure or properly contained in a closed container designed for such purposes. Containers shall be stored indoors or be fully hidden from view behind a solid fence or wall no less than five feet in height so as not to be visible from all rights-of-way and adjoining properties. The owner of vacant land shall be responsible for keeping such land free of refuse. (b) Passenger vehicles and trucks in an inoperative state shall not be parked in residential districts for a period exceeding seven days; inoperative shall mean incapable of movement under their own power. All exterior storage not included as a permitted accessory use, a permitted use, or included as part of a conditional use permit, or otherwise permitted by provisions of this chapter, shall be considered as refuse. 24-245. – Exterior Storage Residential districts. All materials and equipment shall be stored within a building or be fully hidden with a solid fence or wall not less than five feet in height so as not to be visible from adjoining properties except for the following in good order. Overnight camping on City property X "Sec. 16-45 – Camping 2-3 years (a)No person shall establish or maintain any camp or other temporary lodging or sleeping place in any public site or open space except by permit issued by the department. (b)No person shall camp for a period longer than that authorized by the permit. Sec. 16-40 – Hours and access (a)The recreation and education opportunities of the system shall be available to all members of the public regardless of race, sex, age, creed, national origin, place of residency or public assistance status. (b)The system shall be open to the public between the hours of 6:00 a.m. and 10:00 p.m. No person shall remain, stop, use or be present within the confines of any public site and open space between the hours of 10:00 p.m. and 6:00 a.m. Exceptions may be made by the director in the case of emergency or when a permit or scheduled activities have been authorized by the department or for other reasons the director may determine necessary or desirable. (c)Any section or part of any public site and open space may be declared closed to the public by the city council based upon the recommendation of the director at any time or for any interval of time, either temporarily or a regular and stated interval, and either entirely or for certain uses as the city council shall find necessary. The director or their designee, may temporarily declare a public site or open space closed, either entirely or for certain uses, to the public as they may determine necessary to protect or promote the health, safety, order or general welfare of the city." Overnight camping on other public x 2-3 years Sec. 24-233. – Certain dwelling units prohibited property not owned by the City No garage, tent, trailer, basement recreational vehicle or accessory building shall be used as an independent dwelling. Overnight parking in a vehicle on private X Sec. 24-233. – Certain dwelling units prohibited yearly property (parking lot) No garage, tent, trailer, basement recreational vehicle or accessory building shall be used as an independent dwelling. Sec. 24-239. - Location of parking areas and additional parking criteria. (b)Off-street parking spaces shall not be utilized for overnight parking, camping and/or sleeping, storage of goods and/or equipment, or for the storage of vehicles unless approved by the zoning administrator. Loitering/camping on private property x x 2-3 years Sec. 24-233. – Certain dwelling units prohibited No garage, tent, trailer, basement recreational vehicle or accessory building shall be used as an independent dwelling. Littering x x "Minn. Statute Sec. 169-42 Littering Quarterly Subdivision 1.Objects on highway. No person shall throw, deposit, place, or dump, or cause to be thrown, deposited, placed, or dumped upon any street or highway or upon any public or privately owned land adjacent thereto without the owner's consent any snow, ice, glass bottle, glass, nails, tacks, wire, cans, garbage, swill, papers, ashes, cigarette filters, debris from fireworks, refuse, carcass of any dead animal, offal, trash or rubbish or any other form of offensive matter, or any other substance likely to injure any person, animal, or vehicle upon any such street or highway." Lack of Snow removal from sidewalks x Sec. 15-2. - Illustrative enumeration. Weekley in Winter (b)The following are nuisances affecting public peace and safety: (1) All snow, ice, and/or rubbish not removed from public sidewalks within 12 hours after the snow, ice and/or rubbish have ceased to be deposited thereon. The owner of property adjacent to a public sidewalk shall be responsible for the removal of snow, ice and/or rubbish from said sidewalk. (13) The allowing of rain, water, ice or snow to fall from any building on any public street or sidewalk or to flow across any public sidewalk. Page 2 of 3 Nuisance Abatement and City Code Analysis City Code Review Matrix April 2, 2025 Scenario City Code State Statute Description Frequency Vandalism of transit facilities x x Minn. Statute Sec. 609-855 Crimes involving transit TBD Subd. 3a.Prohibited activities; misdemeanor. (a) A person who performs any of the following while in a transit vehicle or at a transit facility is guilty of a misdemeanor: (1) smokes, as defined in section 144.413, subdivision 4; (2) urinates or defecates; (3) consumes an alcoholic beverage, as defined in section 340A.101, subdivision 2; (4) damages a transit vehicle or transit facility in a manner that meets the requirements for criminal damage to property in the fourth degree under section 609.595, subdivision 3, and is not otherwise a violation under section 609.595, subdivision 1, 1a, or 2; (5) performs vandalism, defacement, or placement of graffiti, as defined in section 617.90, subdivision 1; or (6) engages in disorderly conduct as specified in section 609.72, subdivision 1, clause (3). (b) A peace officer, as defined in section 626.84, subdivision 1, paragraph (c), may order a person to depart a transit vehicle or transit facility for a violation under paragraph (a). Page 3 of 3  1B City of Woodbury, Minnesota Office of City Administrator Council Workshop Letter 25-86 April 2, 2025 To: The Honorable Mayor and Members of the City Council From: Clinton P. Gridley, City Administrator Subject: Presentation on Street Lighting Utility Fund – Rate Study Primer; Information Item Summary In 2024, City staff launched a Street Lighting and Storm Water Utility Fund Rate Study to ensure long-term financial sustainability amid rising costs and aging infrastructure. The Street Lighting Utility Fund rate methodology has been long-standing, and the rate unchanged for over a decade. Moreover, our streetlights are requiring more repair, while our maintenance agreements with Xcel Energy need review and renewal. Therefore, a Project Management Team (PMT) was formed, and in April 2024, the City hired Advanced Engineering and Environmental Services (AE2S) to analyze the rate structure, with plans for City Council review in 2025 and possible rate change implementation in 2026. In sum, the consultant and the PMT found the existing rate model overly complex and inequitable, lacking an asset management plan or long-term funding for rising energy costs and infrastructure replacement. This gap underscored the need for a new, sustainable funding methodology that addresses both equity and the full lifecycle of the utility’s assets. On January 29, 2025, and March 21, 2025, staff presented to the Audit and Investment Commission an outline of the current rate structure, a proposed new rate structure, and requested input on a new Council Directive to memorialize methodology and assumptions for funding street lighting. On April 2, 2025, staff will present the first of three planned Council Workshop meetings to provide a “primer” on the current rate system and challenges utility rate structure and the need for a fundamental shift in methodology. Subsequent meetings will be held in April and May to finalize the rate and rate structure, and recommended adoption of a new Council Directive for the Street Lighting Utility Capital Asset Funding and Reserve Policy. Recommendation Information only; no action required. Council Workshop Letter 25-86 April 2, 2025 Page 2 Governance Mode1  Fiduciary - Stewardship of tangible assets, oversees operations and ensures efficient and appropriate use of resources, legal compliance and fiscal accountability. Fiscal Implications No fiscal impact at this time. However, future decisions by the Council regarding the Street Lighting Utility Fund and Storm Water Utility Fund will significantly influence the short- and long-term sustainability of these enterprise funds. These decisions will also affect the availability of funding for capital infrastructure maintenance and replacements, which are critical to ensuring the ongoing reliability and effectiveness of these utilities. Policy Street lighting is an essential service, contributing to safety, community well-being, and overall quality of life and aligns with Critical Success Factors – City Services. Public Process The anticipated schedule for adoption of 2026 Street Lighting and Storm Water Utility Rates is as follows: Audit and Investment Commission – Street Lighting Utility Rate Primer January 29, 2025 Audit and Investment Commission – Street Lighting and Storm Water March 21, 2025 Utility Rate Study – Recommendations City Council Workshop – Street Lighting Utility Rate Primer April 2, 2025 City Council Workshop – Street Lighting Utility Rate Structure and April 16, 2025 Storm Water Utility Rate Discussion City Council Workshop – Street Lighting and Storm Water Utility Rate – May 28, 2025 Final Discussion Final Adoption of utility rates and fees for 2026 December 2025 Implementation of new rates January 1, 2026 Background In 2024, the City initiated a Street Lighting and Storm Water Utility Fund Rate Study to assess the long-term adequacy of the funds in supporting both operating and capital expenditures. The rates for the Street Lighting Utility Fund, in particular, had not been evaluated for over a decade and had seen minimal changes despite rising costs due to inflation and aging infrastructure. This prompted the need for a comprehensive review to address financial sustainability and operational challenges. To tackle this, a Project Management Team (PMT) comprising staff from Engineering, Finance, and Public Works was established in the spring of 2024. On April 2, 2024, the City engaged Advanced Engineering and Environmental Services, a professional engineering consulting firm specializing in municipal enterprise funding rate studies. The goal was to update the Street 1 Items marked “fiduciary” are primarily business-oriented topics; “strategic” items are primarily related to long- term strategies or goals; and “generative” items are primarily meant to produce new thoughts or ideas. Council Workshop Letter 25-86 April 2, 2025 Page 3 Lighting and Storm Water Utility Fund rates, with plans to engage the Audit and Investment Commission and City Council in 2025 for implementation in 2026. As the PMT evaluated the existing methodology, it became evident that the Street Lighting Utility Fund required a complete overhaul. The current rate schedule was overly complex, inequitable, and difficult to explain. Furthermore, there was no asset management or recapitalization plan in place to account for rising energy costs or the long-term replacement of infrastructure. This gap underscored the need for a new, sustainable funding methodology that addresses both equity and the full lifecycle of the utility’s assets. Written By: Chris Hartzell, Engineering Director Approved Through: Clinton P. Gridley, City Administrator Attachment: Presentation Street Lighting Enterprise Fund Rate Study Update and Primer April 2, 2025 Today’s Agenda • Background - Rate study overview & goals - The “Why” - Steps to completion - Decision made – recapitalization strategy • Potential rate structure options • Key considerations • Next steps  Background Street Light Rate Study Overview & Goals • City hired AE2S/Nexus in late 2024 • Street Light Rate Study Goals: - Evaluate the sufficiency of existing rates - Explore rate structure options to potentially simplify the structure and expand its application to all residents/properties • Study also included evaluation of two service options with Xcel Energy – Prepay Rates and Standard Rates  Street Lights • 3,656 total Xcel • 1,951 on the Xcel Rate pre-pay plan Codes • 1,705 on the Xcel Standard rate plan Currently billed • 18,276 Residential properties (71%)  Pre-pay • 25-year life cycle • Significant newer Street development near end of life-cycle Light Age Standard Rate • Xcel Energy to replace at end of life-cycle  Lighting Styles • Lots of existing styles Street • Will follow PUC Light standards with replacement or Head new Styles Public Utilities Commission • Dictates new or replacement styles • All similar costs  Background Street Light Rates Street Lights Rates • No significant Flat Rate Increases increase for the last 20+ years • Increases in 2023/2024 to match energy rate increases  Background Current Structure 10 residential categories defined by housing type and location Most Common User Classes  Background Issues • Pre-pay near end of life • No asset management strategy or evaluation for over a decade • Existing rates will not support replacement of pre-pay lights • Complex and inequitable rate structure  Background Steps to Completion 1. Clean slate 2. Determine long-term recapitalization strategy 3. Simplify rate structure 4. Decide what properties are included in the rates 5. Determine revenue and requirements  Background Street Light Contract Options Standard Rates Prepay Rates Monthly Fees Higher Lower (recapitalization) (City prepaid capital) Xcel Service Life No timeline 25 years Repair Costs during Service Life 100% Xcel costs 100% Xcel costs Repair / Replacement costs after 100% Xcel costs 100% City costs Service Life • Long-term, standard rates = pre-pay rate costs • Transition pre-pay rate to standard rates after failure • Easier for staffing, capital planning, and budgeting  Background Solar Street Lighting • Thank you! - Environmental Stewardship Supporters *Staff recommendation is to maintain agreements with Xcel Energy • High initial investment costs • Not supported by Public Utilities Commission • Concern with reliability: short winter days, cold weather battery storage • Staff capacity issue  Rate Structure Simplification Concepts Less billing categories • Currently 10 residential • Desire for 3 – 4 at most • Better align with other comparable communities Expand charges to all properties • Philosophical discussions • Do non-light residential and commercial benefit from lights at Woodbury intersections?  Rate Structure Simplification Concepts • Explore concepts: −Direct lighting fees (properties with lighting) −Indirect lighting fees (properties that benefit from citywide lighting) −Include electric utility costs from signals in street lighting • Use Residential Equivalent Units (REUs) for equitability with non-residential properties −Use parcel characteristics to relate all properties to their “residential equivalent” Rate Structure REU - Definition Residential Equivalent Unit (REU) • A unit of measurement that is used to compare the area of a single family home vs. a commercial property • Street lighting REU example − Average single family home is .25 acres − Developable commercial acreage is 25 acres − Commercial REUs would be 100  Rate Structure Options Category Option No. 1 Option No. 2 Option No. 3 New New New Residential Uniform Rate Uniform Rate Uniform Rate Rural Estate and New % of ERU N/A Urban Reserve Uniform Rate based Rate Commercial, % of ERU N/A ERU based Rate Public/Semi-Public based Rate Agricultural N/A N/A N/A Key Considerations Rate Structure Considerations: • What option is the most fair, equitable, transparent, and sustainable? • Pre-pay to Standard Rate transition • Include signal lighting electrical cost in street lighting rate structure? Next Steps • Meeting on April 16th • Decide rate structure • Review Council Directive for street lighting • Review storm water utility rate increases • Meeting on May 28th • Finalize rate structure (with actual fees) • Finalize Council Directive for street lighting • Discuss outlay for the next few years Discussion and Questions