City Council

AGENDA City Council 5-7 PM Workshop Regular Meeting July 28, 2020, 7 PM Council Chambers CALL TO ORDER/CALL OF ROLL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES: Regular Meeting, June 23, 2020 OPEN FORUM a) Oakdale Fire Chief Jeff Anderson Recognition CONSENSUS MOTIONS a) Waive reading and adopt Resolution 2020-xxx, Approving the hiring of Jolene Buberl as probationary, full-time Building Inspector for the Building Inspection Department, effective August 3, 2020, at a rate of pay consistent with the existing pay plan. b) Waive reading and adopt Resolution 2020-xxx, Approving the hiring of Trent Wirkus as probationary, full-time Maintenance Worker for the Utility Division of the Public Works Department, effective August 10, 2020, at a rate of pay consistent with the existing labor agreement and contingent upon the completion of a health screening. c) Approve a temporary variance to Section 19-4(c) of the Noise Ordinance to allow House of Prayer Church, 6039 – 40th Street, to amplify sound during drive-up church services for Sundays, August 2 to August 30, from 9:30 to 11 AM. d) Waive reading and adopt Resolution 2020-xxx, Concurring with Washington County’s bid award to Valdes Lawn Care and Snow Removal LLC for Hadley Avenue and Trunk Highway 36 Landscaping Improvement, Agreement 1032936. (City Project 2017-02). e) Authorize the City Administrator to sign the Water Efficiency Grant Agreement Amendment between the Metropolitan Council and the City of Oakdale. f) Waive reading and adopt Resolution 2020-xxx, Approving a Conditional Use Permit to provide for the construction of a 240 square foot shed at 614 Greene Avenue. g) Waive reading and adopt Ordinance xxx, Amending the Code of Ordinances for the City of Oakdale, Chapter 25 – Zoning, Section 25-23(c)(3) relating to accessory apartments. PUBLIC WORKS DIRECTOR/CITY ENGINEER a) Project Update (Recommendation: No action needed). AGENDA July 28, 2020 Page Two CITY ATTORNEY ADMINISTRATOR’S REPORTS COUNCIL PRESENTATIONS a) Events and Reminders (Reinke) CLAIMS (Recommendation: Approve Claims for the period of July 11 to July 24 in the amount of $1,134,155.79). ADJOURNMENT  REGULAR MEETING OAKDALE CITY COUNCIL June 23, 2020 CALL TO ORDER A regular meeting of the City Council of the City of Oakdale was held on Tuesday, June 23, 2020, at Oakdale City Hall, 1584 Hadley Avenue, Oakdale, Minnesota. The meeting was called to order by Mayor Paul Reinke at 7 PM. CALL OF ROLL On a call of roll, the following were present: Mayor Paul Reinke Council Members: Jake Ingebrigtson Susan Olson Colleen Swedberg Kevin Zabel Absent: None Also Present: Craig Dawson, Interim City Administrator Jim Thomson, City Attorney Brian Bachmeier, Public Works Director/City Engineer Susan Barry, City Clerk Mary Cutrufello, Planning Assistant Linnea Graffunder-Bartels, Senior Community Development Specialist Jeff Koesling, Parks Superintendent Alyssa MacLeod, Communications Specialist Chelsea Petersen, Administrative Services Director Emily Shively, City Planner Bill Sullivan, Chief of Police Julie Williams, Recreation Superintendent PLEDGE OF ALLEGIANCE PUBLIC HEARING: OAKDALE MARKETPLACE PLANNED UNIT DEVELOPMENT, OVERALL SITE PLAN AMENDMENT, SITE PLAN REVIEW, PRELIMINARY AND FINAL PLATS Planning Assistant Mary Cutrufello provided an overview of the request to build an AutoZone on a 2.25 acre site at Oakdale Marketplace, 7530 33rd Street. She explained that the parcel was originally planned to be a restaurant. She reviewed the approvals that were needed relating to the proposal. Mayor Reinke opened the public hearing for comments. No comments were heard. Mayor Reinke closed the public hearing. A MOTION WAS MADE BY COUNCIL MEMBER ZABEL, SECONDED BY COUNCIL MEMBER SWEDBERG, TO WAIVE READING AND ADOPT RESOLUTION 2020-60, APPROVING THE OAKDALE MARKETPLACE PLANNED UNIT DEVELOPMENT/OVERALL SITE PLAN AMENDMENT. 5 AYES. REGULAR MEETING June 23, 2020 Page Two A MOTION WAS MADE BY COUNCIL MEMBER ZABEL, SECONDED BY COUNCIL MEMBER OLSON, TO WAIVE READING AND ADOPT RESOLUTION 2020-61, APPROVING THE SITE PLAN FOR AN AUTOZONE AT 7560 33RD STREET. 5 AYES. A MOTION WAS MADE BY COUNCIL MEMBER ZABEL, SECONDED BY COUNCIL MEMBER INGEBRIGTSON, TO WAIVE READING AND ADOPT RESOLUTION 2020-62, APPROVING THE PRELIMINARY AND FINAL PLATS FOR OAKDALE MARKETPLACE FIFTH ADDITION. 5 AYES. APPROVAL OF MINUTES: Workshop, April 28, 2020 Workshop, May 12, 2020 Regular Meeting, May 12, 2020 A MOTION WAS MADE BY COUNCIL MEMBER ZABEL, SECONDED BY COUNCIL MEMBER SWEDBERG, TO APPROVE THE WORKSHOP MINUTES OF APRIL 28, 2020, AS PRESENTED. 5 AYES. A MOTION WAS MADE BY COUNCIL MEMBER ZABEL, SECONDED BY COUNCIL MEMBER OLSON, TO APPROVE THE WORKSHOP MINUTES OF MAY 12, 2020, AS PRESENTED. 5 AYES. A MOTION WAS MADE BY COUNCIL MEMBER SWEDBERG, SECONDED BY COUNCIL MEMBER OLSON, TO APPROVE THE REGULAR MEETING MINUTES OF MAY 12, 2020, AS PRESENTED. 5 AYES. OPEN FORUM Mayor Reinke opened the meeting up to the audience. Washington County Commission Chair Stan Karwoski announced that the Minnesota Department of Transportation was asking the public to provide comments about Highway 120. He also noted that the current interchange upgrades at 94/494/694 were planned as a temporary measure and that a flyover design was being considered in the future. Commissioner Karwoski thanked the Oakdale Police Department and Washington County Sheriff’s Department for their efforts during the unrest in the community. In response to a question from Council Member Zabel about the 4th Street Bridge, Commissioner Karwoski explained that a contingency was put into place should bonding not be achieved. He added that the Kellogg Avenue bridge in Saint Paul is a larger issue. REGULAR MEETING June 23, 2020 Page Three A resident thanked the Oakdale Police Department, particularly Sergeant Newton, for keeping the community safe. He also thanked the City Council. No other comments were heard. CONSENSUS MOTIONS A MOTION WAS MADE BY COUNCIL MEMBER ZABEL, SECONDED BY COUNCIL MEMBER SWEDBERG, TO APPROVE THE FOLLOWING CONSENSUS MOTIONS: a) WAIVE READING AND ADOPT RESOLUTION 2020-63, AUTHORIZING THE CITY OF OAKDALE JOINING THE MNWARN ASSOCIATION STATEWIDE WATER/WASTEWATER AGENCY RESPONSE NETWORK. b) WAIVE READING AND ADOPT RESOLUTION 2020-64, APPROVING THE SITE PLAN FOR A BUILDING ADDITION AT 5115 HADLEY AVENUE (PARK TOOL). c) APPROVE THE ISSUANCE OF PERMITTED SALES OF FIREWORKS LICENSE RENEWAL TO TARGET CORPORATION, dba TARGET 2135, 7900 – 32ND STREET. 5 AYES. ADVISORY BOARDS AND COMMISSIONS a) Economic Development Commission The City Council thanked departing member Christine Harriman for her service on the Economic Development Commission since 2018. b) Planning Commission: Minutes of May 7, 2020 The City Council acknowledged receipt of the Planning Commission minutes of May 7, 2020. c) Tree Board: Minutes of September 3, 2019 The City Council acknowledged receipt of the Tree Board minutes of September 3, 2019. PUBLIC WORKS DIRECTOR/CITY ENGINEER a) TH 36 and Hadley Landscaping (City Project 2017-02) Public Works Director/City Engineer Bachmeier requested approval for the city to enter into a cooperative construction agreement with the State of Minnesota and Washington County relating to landscaping improvements at the Highway 36 and Hadley Avenue Interchange project. REGULAR MEETING June 23, 2020 Page Four A MOTION WAS MADE BY COUNCIL MEMBER ZABEL, SECONDED BY COUNCIL MEMBER INGEBRIGTSON, TO WAIVE READING AND ADOPT RESOLUTION 2020-65, APPROVING THE PLANS AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ENTER INTO THE COOPERATIVE AGREEMENT BETWEEN THE CITY OF OAKDALE AND THE STATE OF MINNESOTA FOR CONSTRUCTION COSTS RELATING TO LANDSCAPING ON COUNTY STATE AID HIGHWAY (CSAH) 13/HADLEY AVENUE AT TRUNK HIGHWAY 36. 5 AYES. COMMUNITY DEVELOPMENT a) Eagle Point School – Site Plan City Planner Shively reviewed a request from ISD 622 relating to the construction of a new elementary school at 7850 – 15th Street; the new school would be built on the same site as the existing school and the existing school would eventually be demolished following completion of the new school. In response to a question from Council Member Swedberg, City Planner Shively explained the school district’s plan to institute a cohesive look at each school for electronic signage and associated landscaping. She further explained that the electronic signage request would come to the City Council for consideration. The project architect reviewed the construction schedule. Council Member Ingebrigtson expressed concern that a traffic study had not been done for the project and commented on potential traffic issues on 15th Street relating to buses. A MOTION WAS MADE BY COUNCIL MEMBER ZABEL, SECONDED BY COUNCIL MEMBER SWEDBERG, TO WAIVE READING AND ADOPT RESOLUTION 2020-66, APPROVING THE SITE PLAN FOR THE CONSTRUCTION OF A NEW ELEMENTARY SCHOOL AT 7850 – 15TH STREET). 5 AYES. COUNCIL PRESENTATIONS a) Dawson Recognition Mayor Reinke presented a Certificate of Appreciation to Interim City Administrator Dawson for his service to the city from December 2019 to June 2020. b) Mobile Food Vendor Licenses Interim City Administrator Dawson reviewed the request from the City Council to waive fees for all Mobile Food Vendor licenses through September 30, 2020. REGULAR MEETING June 23, 2020 Page Five Council Member Swedberg suggested that staff organize a community food truck event. A MOTION WAS MADE BY COUNCIL MEMBER ZABEL, SECONDED BY COUNCIL MEMBER OLSON, TO TEMPORARILY RELAX ARTICLE XV OF CHAPTER 9 OF THE CITY CODE, SPECIFICALLY WAIVING PAYMENT OF LICENSE FEES FOR THE CURRENT LICENSE YEAR; EXTENDING THE DURATION OF ANNUAL LICENSE PERIOD FROM AUGUST 31, 2020, TO SEPTEMBER 30, 2020; ALLOWING A BUSINESS TO OPERATE IN A CITY PARK OR PARKING LOT (AS WAS ALLOWED BY THE COUNCIL IN 2018 AT TANNERS PARK); AND ALLOWING A FOOD SERVICE BUSINESS TO OPERATE LESS THAN 2,000 FEET FROM ANOTHER FOOD SERVICE BUSINESS. 5 AYES. AWARD OF BID a) City Project 2020-02 (Walton Park Hockey Rink Reconstruction) Public Works Director/City Engineer Bachmeier reviewed a request to award the bid for City Project 2020-02 (Walton Park Hockey Rink Reconstruction) to All Phase Contracting in the amount of $200,812.15. Council Member Ingebrigtson recommended tabling the matter to allow further review of the 2020 Budget. Interim City Administrator Dawson noted that delaying the project could result in increased costs when the project moves forth. He further noted that the Park Capital Improvement Fund can be used only for park projects. Council Member Zabel note that Park Capital Improvement Funds are a finite resource and he would not support the bid award as he opposed spending $200,000 for a seasonal amenity used by so few, based on data compiled by the Recreation Department. Mayor Reinke supported the project and bid award. He noted that $250,000 was budgeted for the project and that 10 bids were received. Mayor Reinke further noted that Walton rink usage data was skewed due to the poor design and condition of the rink. He added that the Parks and Recreation Commission supports the project and the City Council approved the project, thus, the project should move forward. Council Member Zabel indicated that due to circumstances that have occurred since the project was approved, the City Council needs to make tough decisions on spending. Council Member Olson agreed that a commitment had been made to do the project; however, she had strong concerns with spending and asked about holding off for a year or two due to the current economic climate. Council Member Zabel suggested removing the rink and seeking grant funds to develop a handicapped accessible playground at that location. REGULAR MEETING June 23, 2020 Page Six Council Member Ingebrigtson supported not proceeding with the project at this time for economic reasons. He added that residents would be in agreement. Council Member Olson supported the rink improvements but reiterated her concerns with the cost. Council Member Zabel requested a Roll Call vote. A MOTION WAS MADE BY MAYOR REINKE, SECONDED BY COUNCIL MEMBER SWEDBERG, TO AWARD THE BID FOR CITY PROJECT NO. 2020-02 (WALTON PARK HOCKEY RINK RECONSTRUCTION) TO ALL PHASE CONTRACTING INC. IN THE AMOUNT OF $220,812.15. INGEBRIGTSON: NAY SWEDBERG: AYE ZABEL: NAY OLSON: AYE REINKE: AYE VOTE: 3 TO 2. MOTION PASSED. CLAIMS A MOTION WAS MADE BY COUNCIL MEMBER ZABEL, SECONDED BY COUNCIL MEMBER INGEBRIGTSON, TO APPROVE THE CLAIMS FOR THE PERIOD OF JUNE 6 TO JUNE 19 IN THE AMOUNT OF $817,639.77. 5 AYES. ADJOURNMENT A MOTION WAS MADE BY COUNCIL MEMBER ZABEL, SECONDED BY COUNCIL MEMBER INGEBRIGTSON, TO ADJOURN THE REGULAR MEETING, DATED JUNE 23, 2020, AT 8:10 PM. 5 AYES. Respectfully submitted, Susan Barry, City Clerk  REQUEST FOR COUNCIL ACTION Meeting Date: July 28, 2020 Advisory Board/Commission ☐ Open Forum ☐ DH Approval: CP Award of Bid ☐ Other: ☐ ☐ CA Approval: CV Consensus Motions a ☒ Public Hearing Department: ☐ Title: Hire Full-time Building Inspector: Jolene Buberl BACKGROUND Following the retirement of Chief Building Official Bill Schmitt in March, 2020, Building Inspector Sheryl Mellgren was named Acting Chief Building Official, effective April 1, 2020, and was subsequently promoted to the position, effective May 27, 2020. The vacancy for Building Inspector was posted and the city received 13 applications, from which five interviews were conducted. STAFF AND/OR BOARD/COMMISSION RECOMMENDATION Staff recommends that the City Council approve the hiring of Jolene Buberl as probationary full-time Building Inspector, effective August 3, 2020, at a rate of consistent with the existing pay plan. CITY COUNCIL ACTION REQUESTED It is requested that the City Council waive reading and adopt Resolution 2020-xxx, Approving the hiring of Jolene Buberl as probationary full-time Building Inspector for the Building Inspection Department, effective August 3, 2020, at a rate of pay consistent with the existing pay plan.  City of Oakdale RESOLUTION 2020-xxx APPOINTING JOLENE BUBERL AS PROBATIONARY, FULL-TIME BUILDING INSPECTOR FOR THE BUILDING INSPECTION DEPARTMENT, EFFECTIVE AUGUST 3, 2020, AT A RATE OF PAY CONSISTENT WITH THE EXISTING PAY PLAN. At a regular meeting of the City Council of the City of Oakdale held on July 28, 2020, at Oakdale City Hall, 1584 Hadley Avenue North, Oakdale, Minnesota, with the following members present: Mayor Paul Reinke, Council Members Jake Ingebrigtson, Susan Olson, Colleen Swedberg, and Kevin Zabel, and the following absent: none, the Oakdale City Council resolved: WHEREAS, the Building Inspection Department has a vacancy for a Building Inspector following the promotion of Sheryl Mellgren to Chief Building Official on May 27, 2020; and WHEREAS, following a comprehensive selection process, staff recommends hiring Jolene Buberl to fill the vacancy. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Oakdale hereby approves the hiring of Jolene Buberl as probationary, full-time Building Inspector for the Building Inspection Department, effective August 3, 2020, at a rate of pay consistent with the existing Pay Plan. Voting in Favor: Voting Against: Resolution duly seconded and passed this 28th day of July, 2020. _______________________________________ Paul Reinke, Mayor Attest: ______________________________________ Susan Barry, City Clerk  REQUEST FOR COUNCIL ACTION Meeting Date: July 28, 2020 Advisory Board/Commission ☐ Open Forum ☐ DH Approval: BB Award of Bid ☐ Other: ☐ ☐ CA Approval: CV Consensus Motions b ☒ Public Hearing Department: ☐ Title: Hire Full-time Public Works Utility Division Maintenance Worker: Trent Wirkus BACKGROUND A vacancy for Public Works Maintenance Worker in the Utility Division occurred March 26, 2020, following the resignation of Logan Camlet. The position was posted and the city received 13 applications, from which three interviews were conducted. STAFF AND/OR BOARD/COMMISSION RECOMMENDATION Staff recommends that the City Council approve the hiring of Trent Wirkus as probationary full-time Maintenance Worker for the Utility Division of the Public Works Department, effective August 10, 2020, at a rate of pay pursuant to the labor union contract agreement. CITY COUNCIL ACTION REQUESTED It is requested that the City Council waive reading and adopt Resolution 2020-xxx, Approving the hiring of Trent Wirkus as probationary full-time Maintenance Worker in the Utility Division of the Public Works Department, effective August 10, 2020, at a rate of pay consistent with the existing labor agreement and contingent upon the completion of a health screening.  City of Oakdale RESOLUTION 2020-xxx APPOINTING TRENT WIRKUS AS PROBATIONARY, FULL-TIME UTILITY DIVISION MAINTENANCE WORKER FOR THE PUBLIC WORKS DEPARTMENT, EFFECTIVE AUGUST 10, 2020, AT A RATE OF PAY CONSISTENT WITH THE EXISTING LABOR AGREEMENT. At a regular meeting of the City Council of the City of Oakdale held on July 28, 2020, at Oakdale City Hall, 1584 Hadley Avenue North, Oakdale, Minnesota, with the following members present: Mayor Paul Reinke, Council Members Jake Ingebrigtson, Susan Olson, Colleen Swedberg, and Kevin Zabel, and the following absent: none, the Oakdale City Council resolved: WHEREAS, the Public Works Department has a vacancy for a Utility Division Maintenance Worker following the resignation of Logan Cramlet on March 26, 2020; and WHEREAS, following a comprehensive selection process, staff recommends hiring Trent Wirkus to fill the vacancy. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Oakdale hereby approves the hiring of Trent Wirkus as probationary, full-time Utility Division Maintenance Worker for the Public Works Department, effective August 10, 2020, at a rate of pay consistent with the existing labor agreement and contingent upon the completion of a health screening. Voting in Favor: Voting Against: Resolution duly seconded and passed this 28th day of July, 2020. _______________________________________ Paul Reinke, Mayor Attest: ______________________________________ Susan Barry, City Clerk  REQUEST FOR COUNCIL ACTION Meeting Date: July 28 2020 Advisory Board/Commission ☐ Open Forum ☐ DH Approval: CV Award of Bid ☐ Other: ☐ ☐ CA Approval: CV Consensus Motions c ☒ Public Hearing Department: ☐ Title: Variance to Section 19-4(c) of City Code: House of Prayer Church BACKGROUND At the March 31 meeting, the City Council approved a request from Heartwood Church, 6477 – 10th Street, for a temporary variance to amplify sound during drive-up Easter services on April 12 during the hours of 8 AM to 1 PM, conditioned on all participants adhering to social distancing and other elements of the governor’s COVID-19 declarations. The City Council directed staff to contact other Oakdale churches to inquire whether they would also like to be granted a sound variance for Easter Sunday. Staff has now received a request from House of Prayer Church, 6039 – 40th Street, for a variance to amplify sound to allow them to conduct drive-up services in their parking lot on Sundays for the remainder of the summer; service begins at 9:30 AM. As part of the request, Pastor Streeper has provided guidelines (attached) that will be provided to attendees. STAFF RECOMMENDATION Staff recommends that the City Council approve a temporary variance to Section 19-4(c) of the Noise Ordinance to allow House of Prayer Church to amplify sound on Sundays for the remainder of the summer. CITY COUNCIL ACTION REQUESTED It is requested that the City Council approve a temporary variance to Section 19-4(c) of the Noise Ordinance to allow House of Prayer Church, 6039 – 40th Street, to amplify sound on Sundays for the remainder of the summer (Sundays, August 2, 9, 16, 23, and 30). HOUSE OF PRAYER PARKING LOT WORSHIP SERVICES Everyone is invited to bring their own communion bread and wine/juice. You can find all the needed information for service in the online bulletin. ** 25 copies of bulletins will be available and distributed to those who don’t have access to electronic versions** As the community arrives, ushers will be there to direct parking. Worship will be transmitted to an FM radio station to be found in the bulletin. Rain plan includes a tent only for worship leaders (everyone else is in their car!). Guidelines We All Need to Adhere To: 1. If you are sick stay home 2. Each household must be in a separate car (no carpooling) 3. Park carefully according to the usher’s instructions. 4. Attendees must stay in their cars at all times. 5. If you roll down any car windows, they can only be on the driver’s side of the car. This is to maintain a safe distance between each household. 6. There will not be any beverages or snacks served, feel free to bring your own! Do not share food or drink between cars. 7. HOP is unable to provide bathrooms during the service. Keep that in mind as you sip your coffee! 8. No passing of objects or physical contact between households. 9. The service will be under 45 minutes (see #7). Please safely make your way out of the parking lot when the service is finished and avoid the temptation to get out of your car and visit with others. Communion We will be providing each vehicle with Holy Communion Wafers to use for Holy Communion. They will be prepackaged and distributed by the ushers. We are asking every household (vehicle) to bring their own wine/juice and small cups. If you are bringing wine, please adhere to all laws regarding carrying liquor in your car. Not sure what those rules are? Just bring juice or another beverage. A limited supply of juice will also be available, distributed by ushers if the need arises. *** For those members of the congregation that do not have a vehicle, we will have a few empty, sanitized vehicles for you to sit in so you will be able to join the service. ***  REQUEST FOR COUNCIL ACTION Meeting Date: July 28, 2020 Advisory Board/Commission ☐ Open Forum ☐ DH Approval: BB Award of Bid ☐ Other: ☐ ☐ CA Approval: CV Consensus Motions d ☒ Public Hearing Department: ☐ Title: Concur on Award Bid of County State Aid Highway (CSAH) 13/Hadley Avenue North at Truck Highway (TH) 36 for landscaping Improvements. BACKGROUND On June 9, 2020 the city signed the Cooperative Construction and Agreement with Washington County regarding the landscaping costs associated with improvements to CSAH 13 and TH 36, part of the improvements for City Project 2017-02. Washington County recently opened bids for that project and received three bids. The low bid was submitted by Valdes Lawn Care and Snow Removal, LLC. Contractor Bid Total Valdes Lawn Care and Snow Removal, LLC 140,292.00 Hoffman & McNamara Co. 174,488.00 Urban Companies 197,151.00 Engineer’s Estimate 175,975.00 FINANCIAL CONSIDERATIONS The city’s total project cost based on the low bid received is $85,516.34. This compares favorably to the $98,776 estimate in the approved Cooperative Construction Agreement. STAFF AND/OR BOARD/COMMISSION RECOMMENDATION Staff recommends that the City concur with Washington County’s bid award to Valdes Lawn Care and Snow Removal, LLC. CITY COUNCIL ACTION REQUESTED It is recommended the City Council waive the reading and adopt Resolution 2020-xxx concurring with Washington County’s bid award to Valdes Lawn Care and Snow Removal, LLC. for Hadley Avenue North and Trunk Highway 36 Landscaping Improvements, Agreement No. 1032936.  City of Oakdale RESOLUTION 2020-xxx CONCURRING WITH WASHINGTON COUNTY ON AWARDING THE BID FOR COUNTY STATE AID HIGHWAY (CSAH) 13/HADLEY AVENUE NORTH AT TRUNK HIGHWAY (TH) 36 FOR LANDSCAPING IMPROVEMENTS. At a regular meeting of the City Council of the City of Oakdale held on Tuesday, July 28, 2020, at Oakdale City Hall, 1584 Hadley Avenue North, Oakdale, Minnesota, with the following members present: the following absent: , the Oakdale City Council resolved: WHEREAS, Washington County advertised for and collected bids for CSAH 13/Hadley Avenue North at TH 36 for landscaping improvements; and WHEREAS, landscaping improvements is a joint project between Washing County and the City of Oakdale and is part of the improvements for City Project 2017-02, it is appropriate for the City of Oakdale to concur on the bid award. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Oakdale hereby concurs with Washington County on awarding the contract for landscaping improvements at CSAH 13/Hadley Avenue North and TH 36. Voting in Favor: Voting Against: Resolution duly seconded and passed this 28th day of July, 2020. ____________________________________________ Attest: Paul Reinke, Mayor ______________________________________ Susan Barry, City Clerk  REQUEST FOR COUNCIL ACTION Meeting Date: July 28, 2020 Advisory Board/Commission ☐ Open Forum ☐ DH Approval: BB Award of Bid ☐ Other: ☐ ☐ CA Approval: CV Consensus Motions e ☒ Public Hearing Department: ☐ Title: Metropolitan Council Water Efficiency Grant Agreement Amendment BACKGROUND The Metropolitan Council approved the city’s Clean Water Fund Water Efficiency Grant application for installation of smart controllers on nine park/recreational field irrigation systems on January 28, 2020. After researching smart controller options, 11 irrigation systems were needed and the city chose the Solar Sync System. This system does not require wi-fi service and the city does not have to remove the current control boxes that are in place. The Solar Sync System costs less than the originally estimated smart controller system and, therefore, the city is requiring less grant funds, and also has a lower local match. It would be appropriate for the Council to authorize the City Administrator to sign the agreement amendment on behalf of the city. STAFF AND/OR BOARD/COMMISSION RECOMMENDATION Staff recommends that the City Council authorize the City Administrator to sign the attached Water Efficiency Grant Agreement Amendment between Metropolitan Council and the City of Oakdale. FINANCIAL IMPLICATIONS The irrigation system purchased was $1,754.17. The city’s share of the project would be $438.54. The estimated reduced water consumption is 980,460 gallons per year. Based on the lowest tier water rate of $1.97/1000 gallons, this equates to $1,931.51 per year in savings. As a result the payback period for the city’s share of the project is less than three months. CITY COUNCIL ACTION REQUESTED It is requested that the City Council authorize City Administrator Chris Volkers to sign the attached Water Efficiency Grant Agreement Amendment between Metropolitan Council and the City of Oakdale.  REQUEST FOR COUNCIL ACTION Meeting Date: July 28, 2020 Advisory Board/Commission ☐ Open Forum ☐ DH Approval: RS Award of Bid ☐ Other: ☐ ☐ CA Approval: CV Consensus Motions f ☒ Public Hearing Department: ☐ Title: Conditional Use Permit for a 240-square foot accessory building at 614 Greene Ave. N. BACKGROUND Dylan and Dakoda Pray would like to build an accessory building (storage shed) on their property at 614 Greene Avenue North. The shed would measure 20’x12’ (240 square feet) and will be located in the northwest corner of the property. Single-family homes in the R-3 Low-Density Residential District are permitted one accessory building up to 150 square feet. Accessory buildings exceeding the size requirements may be allowed via Conditional Use Permit. Staff review of the application determined that the request for a Conditional Use Permit for a large accessory building meets the requirements of the zoning ordinance. PLANNING COMMISSION RECOMMENDATION The Planning Commission reviewed the application and held a public hearing on July 2, 2020. There was no public comment regarding the application. The Planning Commission unanimously recommended approval of the Conditional Use Permit request (7-0). CITY COUNCIL ACTION REQUESTED Waive reading and adopt Resolution No. 2020-xxx, approving a Conditional Use Permit for a 240 square-foot accessory building at 614 Greene Avenue North with a condition. ATTACHMENTS: • Draft Planning Commission Minutes (excerpt), July 2, 2020 • Planning Report (dated July 2, 2020) – Resolution 2020-xxx is Attachment C  DRAFT REGULAR MEETING OAKDALE PLANNING COMMISSION July 2, 2020 The Oakdale Planning Commission held a meeting on Thursday, July 2, 2020 at Oakdale City Hall, 1584 Hadley Avenue North, Oakdale, Minnesota. The meeting began at 7 PM with the Pledge of Allegiance. CALL OF ROLL On a call of roll, the following were present: Chairperson: Dallas Pierson Commissioners: Bob Boullianne Christopher Campbell Emily Milles Lee Stolarski Yaya Diatta Marty Jurgensen Others Present: Emily Shively, City Planner Mary Cutrufello, Associate Planner Jake Ingebrigtson, Council Member EXCERPT PUBLIC HEARINGS a. CONDITIONAL USE PERMIT FOR A 240 SQUARE FOOT ACCESSORY BUILDING AT 614 GREENE AVENUE NORTH (PRAY) Associate Planner Cutrufello presented a CUP for a 20 x 12 foot shed for Dylan and Dakoda Pray, 614 Greene Ave N., zoned R-3 (Low-Density Residential). Ms. Cutrufello shared in detail that the request meets all 7 General Criteria for Granting a CUP as well as all 4 Specific CUP Criteria for Accessory Buildings Exceeding the Number and Size in the Ordinance. Staff has determined that the request for a Conditional Use Permit for a large accessory building meets the requirements of the zoning ordinance. Staff recommends approval of the Conditional Use Permit. In response to a question from Chair Pierson, Ms. Cutrufello explained that the CUP will be effective for as long as the structure remains. In response to a question from Commissioner Jurgensen, Dakoda and Dylan Pray explained that they have already taken down an old, dilapidated shed that was in the other back corner. Chair Pierson opened the public hearing. There being no questions, Chair Pierson closed the public hearing. COMMISSIONER STOLARSKI MADE A MOTION, SECONDED BY COMMISSIONER BOULLIANNE TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT FOR A 240 SQUARE FOOT ACCESSORY BUILDING AT 614 GREENE AVENUE NORTH (PRAY) 7 AYES Respectfully submitted, Jackie Knutson Recording Secretary  PLANNING COMMISSION REPORT To: Oakdale Planning Commission Meeting Date: 07/02/2020 Applicant: Dylan and Dakoda Pray Location: 614 Greene Ave North Request(s): Conditional Use Permit for a 240 square foot Accessory Building Prepared/Presented: Mary Cutrufello, Associate Planner INTRODUCTION Dylan and Dakoda Pray would like to build an accessory building on their property at 614 Greene Avenue North (See Attachment A: Location Map). The structure would measure 20’ x 12’ (240 square feet) and would be located in the rear yard (see Attachment B: Site Plan). The applicants are planning to use the structure for storage of personal effects. Single-family homes in the R-3 Low-Density Residential District are permitted one accessory building up to 150 square feet (Sec. 25-36(b)(1)a)). Accessory buildings exceeding the size requirements may be allowed via Conditional Use Permit (Sec. 25-154(e)). This allows the City to review the request to ensure the general and specific criteria in the ordinance are met so that a larger building than is permitted by right is determined to be suitable for the area. COMPREHENSIVE PLAN DESIGNATION The subject property is guided Low-Density Residential in the City’s Comprehensive Plan. ZONING DISTRICT REQUIREMENTS The subject property is zoned R-3 Low-Density Residential. Accessory buildings up to 150 square feet are a permitted accessory use. Accessory buildings larger than 150 square feet may be permitted via CUP. The designations of the surrounding property are displayed in the table below: Orientation Comprehensive Plan Zoning District Existing Use R3 – Low-Density North Low-Density Residential Residential Residential R3 – Low-Density South Low-Density Residential Residential Residential R3 – Low-Density East Low-Density Residential Residential Residential R3 – Low-Density West Low-Density Residential Residential Residential ANALYSIS The zoning ordinance states the following (Sec. 25-3-900(a)): A conditional use is a permitted use that is allowed only when it is shown that the use meets certain general and specific standards related to the proposed conditional use. 1 All conditional uses must meet seven general criteria in order for a permit to be approved. This allows the City to review the potential impact(s) the use may have and ensure that the use is consistent with what is envisioned for the area in the City’s Comprehensive Plan. In addition, some conditional uses have specific criteria that must be met which are intended to address potential issues that may arise associated with that type of use. If an application meets all of the criteria in the ordinance, then a conditional use permit shall be granted. General Criterial for Granting a Conditional Use Permit. The general criteria for granting a conditional use permit (applicable to all conditional use permit requests) are listed in Section 25-3-900(g) of the Zoning Code. The conditional use is evaluated according to the following criteria: (1) The conditional use will be in conformity with the City’s comprehensive plan and with the purpose, intent and applicable standards of this Ordinance. The proposed use is in conformity with the city's comprehensive plan as the property is guided low- density residential and accessory buildings are permitted residential accessory uses. This condition is met. (2) The conditional use shall be located, designated, maintained and operated to be compatible with the existing or intended character of that zoning district in which it is located. The lot at 614 Greene Avenue North exceeds R-3 lot area requirements by approximately 525 square feet. There is sufficient area for a larger accessory building on this property. This condition is met. (3) The use shall not be hazardous, detrimental or disturbing to present and potential surrounding land uses due to noise, glare, smoke, dust, odor, fumes, water pollution, vibration, general unsightliness or other nuisances. The applicant has stated that the structure will be used for storage of personal effects. This condition is met. (4) The use shall not create traffic congestion, unsafe access or parking needs that will cause inconveniences to the adjoining properties. No additional traffic will be generated by this use. This condition is met. (5) The use shall be served adequately by essential public services, such as streets, police, fire protection and utilities. The existing home is served adequately by public services and the proposed accessory building will not require additional services beyond those that can be provided by existing utilities. This condition is met. (6) The use shall not create excessive additional requirements at public cost for public facilities and services and shall not be detrimental to the economic welfare of the city. The proposed use does not require any additional requirements at public cost. This condition is met. (7) The use shall preserve and incorporate the site's natural and scenic features into the development design and cause minimal adverse environmental effects. The proposed accessory building will not impact any natural features on the site and is not anticipated to cause any adverse environmental effects. This condition is met. 2 Specific Conditional Use Permit Criteria for Accessory Buildings Exceeding the Number and Size in the Ordinance. The specific criteria for granting a conditional use permit is listed in Section 25-23(c)(9) of the Zoning Code; staff evaluation of the application follows the citations: (a) The property where the structure is to be located cannot be reduced through subdividing as long as the building remains on the site. The parcel is not eligible for subdivision due to lot width. This condition is met. (b) The building shall not be of a pole building type construction (defined as a structure that utilizes treated lumber buried in the ground that serves as the building foundation). The accessory building will have a gravel pad foundation. This condition is met. (c) No door or other access opening shall exceed ten (10) feet in height. No doors or other access will be greater than 10 feet in height. This condition is met. (d) The structure shall not be used for commercial or industrial activities, except as allowed by the regulations governing home occupations. The applicant has stated that the accessory building will be used for storage of personal effects. This condition is met. Additional Considerations. Applications for a Conditional Use Permit require notification of neighbors within 100 feet of the subject property. The applicant has fulfilled the requirement. 60-DAY RULE Application Complete: June 8, 2020 60-Day Review Deadline: August 7, 2020 Planning Commission Meeting: July 2, 2020 Expected City Council Action: July 28, 2020 ROLE OF THE PLANNING COMMISSION The role of the Planning Commission is to review the Conditional Use Permit request as it relates to the Comprehensive Plan and Zoning Ordinance requirements and provide a recommendation to the City Council. RECOMMENDATION Staff has determined that the request for a Conditional Use Permit for a large accessory building meets the requirements of the zoning ordinance. Staff recommends approval of the Conditional Use Permit. MOTION Motion to recommend approval of the Conditional Use Permit for a 240 square foot accessory building at 614 Greene Avenue North. ATTACHMENTS Attachment A: Location Map Attachment B: Site Plan Attachment C: Draft City Council Resolution 3 Attachment A - Location Map: 614 Greene Ave N 4 Attachment B - Site Plan 6’ EASEMENT STRUCTURE 5’ SETBACK DEMOLISHED PROPOSED ACCESSORY 20’ BUILDING 12’ 5 Attachment C - Draft City Council Resolution CITY OF OAKDALE RESOLUTION NO. 2020-xx APPROVING A CONDITIONAL USE PERMIT FOR A 240 SQUARE FOOT ACCESSORY BUILDING AT 614 GREENE AVENUE NORTH. At a meeting of the City Council of the City of Oakdale held on Tuesday, July 28, 2020, at Oakdale City Hall, 1584 Hadley Avenue North, Oakdale, Minnesota, with the following members present: Mayor Paul Reinke; Councilmembers Jake Ingebrigtson, Susan Olson, Colleen Swedberg, and Kevin Zabel and the following members absent: None, the Oakdale City Council resolved: WHEREAS, Dylan and Dakoda Pray have requested a conditional use permit to construct a 240 square foot accessory building in the rear yard at 614 Greene Avenue North (Legal Description: Tanners Lake Heights Plat No. 3 Lot 9 Block 15), and WHEREAS, the property is zoned R-3 Low-Density Residential and accessory buildings exceeding the size requirements are allowed via conditional use permit, per Section 25-154(e), and WHEREAS, the proposal for an accessory structure that exceeds the size requirements in the ordinance meets the four specific standards (Sec. 25-23(c)(9)) and the seven general criteria for granting a conditional use permit (Sec. 25-3-900), and WHEREAS, the applicant meets all performance and setback requirements established in the ordinance, and NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Oakdale hereby approves a Conditional Use Permit for a 240 square foot accessory building at 614 Greene Avenue North. Voting in Favor: Voting Against: Resolution duly seconded and passed this 28th day of July, 2020. _____________________________ Paul Reinke, Mayor ______________________________ Susan Barry, City Clerk 6  REQUEST FOR COUNCIL ACTION Meeting Date: July 28, 2020 Advisory Board/Commission ☐ Open Forum ☐ DH Approval: RS Award of Bid ☐ Other: ☐ ☐ CA Approval: CV Consensus Motions g ☒ Public Hearing Department: ☐ Title: Zoning Ordinance Text Amendment – Accessory Apartments (Sec.25-23(c)(3)) BACKGROUND Staff has received several inquiries over the last few months from residents interested in adding onto their home to provide a separate space for family members to live in a way that was close by, but independent from the main home. The existing zoning ordinance allows an accessory apartment as part of a residence via Conditional Use Permit and subject to performance standards. Based upon review of the ordinance and the recent inquiries, staff recommends that the ordinance should be updated and brought a proposed ordinance amendment to the Planning Commission for discussion. PLANNING COMMISSION RECOMMENDATION The Planning Commission reviewed the ordinance amendment and held a public hearing at their July 2, 2020 meeting. There were no public comments regarding the ordinance amendment. After a robust discussion, the Planning Commission unanimously recommended that the City Council amend the ordinance to remove the 10% limit on building additions for accessory apartments (Sec.25023(c)(3)(d)) and strike the clause pertaining to the period of the special exception (Sec.25- 23(c)(3)(g)). The Planning Commission also recommended that the requirement that the owner of the property reside in one of the units should be unchanged. CITY COUNCIL ACTION REQUESTED Waive reading and adopt Ordinance xxx, amending the Code of Ordinances for the City of Oakdale, Chapter 25, Section 25-23(c)(3), relating to Accessory Apartments. ATTACHMENTS • Ordinance 2020-xx, Amending Sec.25-23(c)(3) • Draft Planning Commission Minutes (excerpt), July 2, 2020 • Planning Report (dated July 2, 2020)  CITY OF OAKDALE ORDINANCE XXX AN ORDINANCE AMENDING THE CODE OF ORDINANCES FOR THE CITY OF OAKDALE, CHAPTER 25 – ZONING, ARTICLE 6 – VERY LOW DENSITY HOUSING, SECTION 25-23(C)(3), SPECIAL USES, ACCESSORY APARTMENTS. The City Council of the City of Oakdale ordains: Section 1. The Oakdale Code of Ordinances, Chapter 25, Article 6, Section 25-23(c)(3) is amended to read as follows: (3) Accessory apartments according to the following conditions: (a) The apartment will be a complete, separate housekeeping unit that can be isolated from the original unit. (b) Only one apartment will be created within a single-family house. (c) The owner(s) of the residence in which the accessory unit is created shall occupy at least one of the dwelling units on the premises, except for bonafide temporary absences. (d) The accessory apartment shall be designated so that, to the degree reasonably feasible, the appearance of the building remains that of a one-family residence. In general, any new entrances shall be located on the side or in the rear of the building, and any additions shall not increase the square footage of the original house by more than ten (10) percent. (e) The design and size of the apartment conforms to all applicable standards in the health, building, and other codes. (f) At least three (3) off-street parking spaces are available for use by the owner- occupant(s) and tenants(s). (g) The effective period of the special exception use shall be two (2) years. At the end of every two (2) years, renewal shall be automatically granted upon receipt of certification by the City Administrator that the property remains the principal residence of the owner and that all other conditions met at the time of the original application remain unchanged. The City Administrator in his sole discretion, may require a new application and a demonstration of compliance with all conditions necessary for a Special Use Permit. (h)(g) Any other appropriate or more stringent conditions deemed necessary by the City Council to protect public health, safety, and welfare, and the single-family dwelling character of the neighborhood. Section 2. This Ordinance shall take effect and be in full force from and after its adoption and publication, as provided by law.  _____________________________ Paul Reinke, Mayor AYES: NAYS: Adopted this 28th day of July, 2020 by the Oakdale City Council. Attest: _____________________________________ Susan Barry, City Clerk  EXCERPT REGULAR MEETING OAKDALE PLANNING COMMISSION July 2, 2020 The Oakdale Planning Commission held a meeting on Thursday, July 2, 2020 at Oakdale City Hall, 1584 Hadley Avenue North, Oakdale, Minnesota. The meeting began at 7 PM with the Pledge of Allegiance. CALL OF ROLL On a call of roll, the following were present: Chairperson: Dallas Pierson Commissioners: Bob Boullianne Christopher Campbell Emily Milles Lee Stolarski Yaya Diatta Marty Jurgensen Others Present: Emily Shively, City Planner Mary Cutrufello, Associate Planner Jake Ingebrigtson, Council Member EXCERPT PUBLIC HEARINGS ZONING ORDINANCE TEXT AMENDMENT: ACCESSORY APARTMENTS Planner Shively explained that a Zoning Ordinance Text Amendment is a policy decision. This is creating those standards by which other applications will be evaluated against. Therefore this is a legislative action. The comprehensive plan has the most discretion, where the Zoning Ordinance is a tool to implement that policy going forward. Staff has had a number of requests over the past couple of months of residents interested in adding another unit to their property. Examples include, small house on large lot wanting to add another small house, single family home located within a multifamily zoning district that would like to add a duplex to their single family home, and a request to add onto a single family home a mother-in-law apartment. Ms. Shively explained that our current zoning ordinance allows for this mother-in-law apartment, but with specific standards which must be met. The City allows those apartments with a Conditional Use Permit. However, Staff found two issues with current performance standards: 1) Current ordinance limits the new additions to no more than 10% of square footage of existing home, and 2) current ordinance requires the owner of the home reside in one of the units. Staff would like to move forward with recommendations on one or both items. 1 After a question from Chair Pierson, Ms. Shively noted that the Planning Commission may separate out each item and address them separately. One is the physical structure and the other the occupancy piece. In response to a question from Chair Pierson, Planner Shively explained that we have 6 residential zoning districts. R-1 and R-2 only allow single family homes. R-3 allows single family and two family homes. R-4 allows single family, two family, and three to eight dwelling units, R-5 allows apartment buildings, multifamily housing, R-6 allows manufactured housing communities. This amendment starts in R1 and will roll-up to succeeding districts. Accessory buildings are allowed in R-1 – R-4 zoning districts. In response to a question from Commissioner Boullianne, Ms. Shively shared that R1 and R2 are primarily low density larger lots and also explained that a fairly modest proportion of Oakdale is zoned R-1. In response to a question from Commissioner Jurgensen, Ms. Shively stated that she did not know how many rental licenses the city currently has. She stated that we do have single family, two family, and multi-family. Commissioner Jurgensen stated he would like to see the owner be onsite, and invested in the community. In response to a question from Commissioner Diatta, Planner Shively noted that a duplex typically has equivalently sized units whereas an accessory apartment needs to be subordinate to the principal structure. She also explained that an accessory apartment needs to be attached to the single family home; Oakdale does not currently allow a separate detached unit. Chair Pierson noted that the main distinction in the ordinance between a duplex and an accessory apartment is where the door is. In response to a question from Commissioner Diatta, Planner Shively indicated currently there is no requirement to have separate utilities for an accessory apartment. Commissioner Boullianne noted that the requirement of the renter in the accessory apartment being family is not listed in the ordinance. He expressed concern regarding creating duplexes in low-density R-1 and R-2 zoning districts. In response to a concern from Chair Pierson that properties could devolve quickly into apartment buildings, Ms. Shively shared the Performance Standards state that only one apartment will be created within a single family home, and only allowed via a Conditional Use Permit. She also mentioned that if a home with an accessory apartment is then sold, and the new owners rent out the apartment, it would trigger a code enforcement if there was not a rental license. Also, at that property, only one rental license is allowed, if the owner occupancy is required. Commission Diatta shared that homeownership is important, however there is a crisis for housing. He feels that this is an equity issue, but also important that the homeowner is onsite to provide upkeep and maintenance. Chair Pierson shared that this is the only way the promise of single family housing is kept to current homeowners. Planner Shively noted that currently non-owner occupancy is allowed in R-1 and R-2 zoning districts. Ms. Shively explained that Staff feels old item (G), two year CUP provision, in ‘Attachment A – Draft Accessory Apartment Ordinance under Section 1 item 3’, is administratively burdensome and difficult. It goes against what a CUP is intended to do, which is running with the land. The City’s rental licensing program was established subsequent to this ordinance and with a rental license an annual inspection is required. Chair Pierson opened the meeting for comments from the audience. There being no comments, he closed the public hearing. CHAIR PIERSON MADE A MOTION, SECONDED BY COMMISSIONER STOLARSKI, TO RECOMMEND AMENDING CHAPTER 25, ARTICLE 6, SECTION 25-23(C) AS FOLLOWS: (3) Accessory apartments according to the following conditions: (a) The apartment will be a complete, separate housekeeping unit that can be isolated from the original unit. (b) Only one apartment will be created within a single-family house. (c) The owner(s) of the residence in which the accessory unit is created shall occupy at least one of the dwelling units on the premises, except for bonafide temporary absences. (d) The accessory apartment shall be designated so that, to the degree reasonably feasible, the appearance of the building remains that of a one- family residence. In general, any new entrances shall be located on the side or in the rear of the building, and any additions shall not increase the square footage of the original house by more than ten (10) percent. (e) The design and size of the apartment conforms to all applicable standards in the health, building, and other codes. (f) At least three (3) off-street parking spaces are available for use by the owner- occupant(s) and tenants(s). (g) The effective period of the special exception use shall be two (2) years. At the end of every two (2) years, renewal shall be automatically granted upon receipt of certification by the City Administrator that the property remains the principal residence of the owner and that all other conditions met at the time of the original application remain unchanged. The City Administrator in his sole discretion, may require a new application and a demonstration of compliance with all conditions necessary for a Special Use Permit. (h)(g) Any other appropriate or more stringent conditions deemed necessary by the City Council to protect public health, safety, and welfare, and the single- family dwelling character of the neighborhood. 7 AYES Respectfully submitted, Jackie Knutson Recording Secretary  PLANNING COMMISSION MEMORANDUM To: Oakdale Planning Commission From: Emily Shively, City Planner Meeting Date: July 2, 2020 Subject: Zoning Ordinance Text Amendment – Accessory Apartments (Sec.25-23(c)(3)) INTRODUCTION Staff has received several inquiries over the last few months from residents interested in adding onto their home to provide a separate space for family members to live in a way that was close by, but independent from the main home. Others have been interested in creating a small apartment as part of a building addition that would be available to rent. ISSUE The ordinance allows an accessory apartment as part of a residence via Conditional Use Permit and subject to performance standards. Staff has found two issues with the current ordinance: 1. The ordinance requires that the owner of the home reside in one of the units. This is not required for any other single or two-family dwellings in the City. 2. The ordinance limits the size of an addition for an accessory apartment to 10% of the square footage of the existing home. Typically, building additions are limited by setback requirements and total impervious coverage on the lot. There are no other ordinance requirements limiting residential construction to a percentage of existing square footage. Based upon review of the ordinance and the recent inquiries, staff recommends that the ordinance should be updated. ANALYSIS To address a discrepancy in the treatment of like properties and to facilitate reasonable requests for accessory apartments, staff is recommending two changes to the current ordinance. Owner-occupancy requirement The ordinance requires that the owner of the residence occupy at least one of the dwelling units and that this be verified every two years. Staff is recommending that those provisions be deleted for the following reason: • This treats similar properties differently. Other two-family residences and rental properties are not subject to this requirement. • This provision deters investment in property; if the owner sells the property, they may be required to remove the accessory apartment. • This ordinance was established prior to the City instituting a rental licensing program. The City’s Rental Licensing Program requires annual inspections for license renewal to ensure building and property maintenance codes are in compliance for all rental units. Limitation of size of building additions The ordinance limits an addition for an accessory apartment to no more than 10 percent of the square footage of the existing home. Staff considers this to be problematic for the following reasons: • The average home size in Oakdale is approximately 1,200-1,500 square feet; that would limit an addition for an accessory apartment to 120-150 square feet. Typical studio apartments are around 600 square feet and one-bedroom apartments average about 800 square feet. 1  • Other types of additions to single-family homes are not limited to a percentage of the existing square footage. The size of an addition on any particular property is prescribed by setbacks and limitations on total impervious coverage. Accessory apartments are considered part of the principal structure and are subject to those same performance standards. This is more appropriate than an arbitrary percentage limitation. • The other Conditional Use Permit criteria ensure that the single-family character of the home is maintained. SUMMARY TABLE STANDARD ACCESSORY APARTMENTS ALL OTHER RESIDENTIAL PROPERTY OWNER OCCUPANCY YES NO REQUIRED MUST MEET SETBACK AND ADDITIONS LIMITED TO 10% BUILDING ADDITION IMPERVIOUS COVERAGE OF EXISTING SQUARE STANDARDS LIMITATIONS; NO PERCENTAGE FOOTAGE LIMITATION RENTAL LICENSE REQUIRED YES YES RECOMMENDATION Staff is recommending that the accessory apartment ordinance be updated to facilitate reasonable requests and treat similar properties in the same manner. ROLE OF THE PLANNING COMMISSION Proposed amendments to the zoning ordinance require a public hearing before the Planning Commission. The role of the Planning Commission is to hold the public hearing, consider the proposed amendment as it relates to the Comprehensive Plan and other sections of the Zoning Ordinance, and provide a recommendation to the City Council. MOTION Motion to recommend approval of the zoning ordinance text amendment regarding Accessory Apartments. ATTACHMENTS Attachment A: Draft Accessory Apartment Ordinance 2 Attachment A – Draft Accessory Apartment Ordinance CITY OF OAKDALE ORDINANCE NO. XX AN ORDINANCE AMENDING THE CODE OF ORDINANCES FOR THE CITY OF OAKDALE, CHAPTER 25 – ZONING, ARTICLE 6 – VERY LOW DENSITY HOUSING, SECTION 25-23(C), SPECIAL USES, ACCESSORY APARTMENTS. The City Council of the City of Oakdale ordains: Section 1. The Oakdale Code of Ordinances, Chapter 25, Article 6, Section 25-23(c) is amended to read as follows: (3) Accessory apartments according to the following conditions: (a) The apartment will be a complete, separate housekeeping unit that can be isolated from the original unit. (b) Only one apartment will be created within a single-family house. (c) The owner(s) of the residence in which the accessory unit is created shall occupy at least one of the dwelling units on the premises, except for bonafide temporary absences. (d)(c) The accessory apartment shall be designated so that, to the degree reasonably feasible, the appearance of the building remains that of a one-family residence. In general, any new entrances shall be located on the side or in the rear of the building, and any additions shall not increase the square footage of the original house by more than ten (10) percent. (e)(d) The design and size of the apartment conforms to all applicable standards in the health, building, and other codes. (f)(e) At least three (3) off-street parking spaces are available for use by the owner- occupant(s) and tenants(s). (g) The effective period of the special exception use shall be two (2) years. At the end of every two (2) years, renewal shall be automatically granted upon receipt of certification by the City Administrator that the property remains the principal residence of the owner and that all other conditions met at the time of the original application remain unchanged. The City Administrator in his sole discretion, may require a new application and a demonstration of compliance with all conditions necessary for a Special Use Permit. (h)(f) Any other appropriate or more stringent conditions deemed necessary by the City Council to protect public health, safety, and welfare, and the single-family dwelling character of the neighborhood. 3 Section 2. This Ordinance shall take effect and be in full force from and after its adoption and publication, as provided by law. _____________________________ Paul Reinke, Mayor AYES: NAYS: Adopted this 28th day of July, 2020 by the Oakdale City Council. Attest: _____________________________________ Susan Barry, City Clerk 4  REQUEST FOR COUNCIL ACTION Meeting Date: July 28 2020 Advisory Board/Commission ☐ Open Forum ☐ DH Approval: BB Award of Bid ☐ Other: PW Director/City Eng ☒ ☐ CA Approval: CV Consensus Motions ☐ Public Hearing Department: ☐ Title: Project Updates BACKGROUND Public Works Director/City Engineer Bachmeier will provide an update on the 2020 street reconstruction project as well as updates on other projects happening in the city. CITY COUNCIL ACTION REQUESTED No action is required.  UPCOMING EVENTS and REMINDERS July 28 2020 Elections City Hall will serve as an early voting location for the State Primary Election. Voters may cast their ballot starting August 4 until August 10. Hours are 8 AM to 4:30 PM, Monday through Friday. City Hall will also be open on Saturday, August 8 from 8 AM to 3 PM for early voting. On Primary Election Day, Tuesday, August 11, the polls will be open from 7 AM to 8 PM. Please note that due to the election, the August 11 City Council meeting has been moved to August 10. Filing for City Council opened today and runs through August 11. Farmers Market Make plans to stop by the city’s farmer’s market, held every Wednesday, from 2 to 6 PM, in the City Hall parking lot.