City Council

AGENDA City Council Regular Meeting The Oakdale City Council will hold its regular meeting at Oakdale City Hall, 1584 Hadley Avenue, at 7 PM. Members of the public can watch the meeting via livestreaming at https://vod.scctv.org/cablecastapi/live?channel_id=14&use_cdn=true; via Zoom at https://zoom.us/j/93465614538?pwd=V3ZNaDZLcVhIZHJwL0JQRnR2TVVSZz09; or by dialing 1-312-626-6799 and entering Meeting ID: 934 6561 4538 and Passcode: 191581, when prompted. After you join, press # when you are asked to enter a Participant ID. Participation guidelines are attached. Regular Meeting August 10, 2021, 7 PM Council Chambers CALL TO ORDER CALL OF ROLL PLEDGE OF ALLEGIANCE APPROVAL OF THE AGENDA (Recommendation: Approve the agenda as presented or as amended). PUBLIC HEARING: HELMO STATION REDEVELOPMENT PROJECT AREA TAX INCREMENT FINANCING PLAN (Recommendation: Open the public hearing, solicit public comments, and call for a motion to continue the public hearing to August 24, 2021). PUBLIC HEARING: LIFELINE HEALING MASSAGE LLC – MASSAGE THERAPY PREMISES LICENSE (Recommendation: Staff presentation, Mayor opens public hearing and invites public comment, Mayor closes public hearing and invites City Council comment; motion to approve issuances of a Massage Therapy Premises License to Lifeline Healing Massage LLC, dba Lifeline Healing Massage, 7053 – 10th Street). APPROVAL OF MINUTES: Workshop, June 22, 2021 Workshop, July 13, 2021 OPEN FORUM a) Proclamation: Building and Code Professional Appreciation Day CONSENSUS MOTIONS a) Waive reading and adopt Ordinance xxx, Amending the Code of Ordinances for the City of Oakdale, Chapter 9 – Licenses and Business Regulations, Article 15 – Mobile Food Vendors, in its entirety; and to waive reading and adopt Resolution 2021-xxx, Rescinding Resolution 2021- 09, adopted January 12, 2021, setting the annual fee for Mobile Food Vendor licenses. AGENDA August 10, 2021 Page Two b) Approve a temporary variance to Section 19-4(c) of Chapter 19 – Noise to allow the Church of Jesus Christ of Latter Day Saints to amplify sound on August 14, 2021, from 5:15 to 5:45 PM and, potentially, from 7 to 9:30 PM at 2140 Hadley Avenue. c) Approve a temporary variance to Section 19-4(c) of Chapter 19 – Noise to allow The Sanctuary Church to amplify sound in the form of live music on August 21, 2021, between the hours of 4 and 8 PM at 5399 Geneva Avenue. d) Waive reading and adopt Ordinance xxx, Amending the Code of Ordinances for the City of Oakdale, Chapter 12 – Motor Vehicles and Traffic, Section 12-19 – Parking Restrictions (Ideal Avenue from Hidden Bay Trail North in Lake Elmo to 44th Street – West Side). e) Approve issuance of a Massage Therapist License to Hannah Bannerman-Thompson to practice at Lifeline Massage, 7053 – 10th Street. f) Approve renewal of the Secondhand Goods License for Best Buy Stores LP, dba Best Buy, 8301 – 3rd Street. for the license period of August 10, 2021 to August 10, 2022. g) Approve issuance of a Temporary Liquor License to Guardian Angels Church, 8260 – 4th Street North for an event being held September 17 to 19, 2021. h) Appoint Robert Carver to full-time Mechanic, effective August 25, 2021, at a rate of pay consistent with the current labor agreement, subject to the completion of the background investigation. i) Authorize the Mayor and the City Administrator to enter into an agreement with Cayo & Associates, LLC, for background investigation services for Chief of Police Semi-Finalists. j) Approve issuance of 2021 Commercial Solid Waste Hauler License to Walter Recycling and Refuse, contingent upon receipt of all required materials as listed in the ordinance. k) Waive reading and adopt Resolution 2021-xxx, Approving an Interfund Transfers of $117,196.88 from General Fund Reserves to the COVID Recovery Business Loan Program and $38,765 from General Fund Reserves to the Recreation Activities Special Revenue Fund. l) Approve Sheryl Mellgren’s request for a voluntary demotion to Building Inspector, made effective the earlier of (1) first date of employment of new Chief Building Official or (2) October 1, 2021. m) Authorize the Mayor and City Administrator to enter into an agreement with the City of Maplewood for building inspection and plan check review services for state projects in Oakdale. ADVISORY BOARDS AND COMMISSIONS a) Economic Development Commission: David Lewis Resignation – Certificate of Recognition* AGENDA August 10, 2021 Page Three b) Economic Development Commission: Minutes of June 2, 2021 (Recommendation: Acknowledge receipt of the Economic Development Commission minutes of June 2, 2021). CITY ATTORNEY ADMINISTRATOR REPORT COUNCIL PRESENTATIONS CLAIMS (Recommendation: Approve Claims for the period of July 24 to August 6 in the amount of $1,321,511.27). ADJOURNMENT  Virtual Meeting Participation Guidelines How to Submit Public Comment Public comments may be made during the Open Forum portion of meetings; comments brought forth during this period may only speak to items not already listed on the agenda. There are other times when public comments will be accepted including public hearings and Truth in Taxation. There are two options for submitting public comments for virtual meetings:  “Attend” the Zoom meeting  Submit written comments Guidelines for Zoom Meeting Participants Members of the public wishing to make a comment via Zoom need to either join the meeting through the app on their computer/tablet/mobile phone and/or dial in to the phone number listed on the associated meeting agenda and/or public notice. The guidelines provided below outline the process for teleconferencing comments that will be followed during meetings. 1. All virtual meetings will be conducted via Zoom with a dial-in option. If you join the meeting utilizing the Zoom app on your computer/tablet/phone, you will be able to listen, see the City Council members, and make a public comment if you desire to do so. 2. Corresponding meeting materials are available on the City website at www.ci.oakdale.mn.us. 3. The meeting will start promptly at the time listed on the agenda. Public participants will be permitted to join the meeting five minutes before the meeting is scheduled to start. 4. When you are ready to join the meeting, please make sure your line is muted to decrease background noise. If you do not mute yourself, you will be muted by the meeting host. Those who request to make a public comment will be unmuted by the host when they are called on to speak. 5. If you decide you want to make a public comment, please inform the host by commenting in the chat function in the Zoom app or by dialing *9 if joining the meeting by phone. Staff will add you to the public comment queue list. All spoken comments through the Zoom app or the phone will be limited to three minutes. 6. When the public comment period begins, the Mayor will review the process and call on a staff member to read any public comments that were submitted via written statement. When those are completed, the Mayor will call for any spoken  public comment. The meeting host will call on public participants by either the last four digits of your phone number or your participant name listed in the Zoom app. Public participants will be called in the order they were added to the queue list. Public participants who do not respond within ten seconds of their phone number or screen name being called will be skipped and the next person in line will be called on. This method will continue until all public participants have had the opportunity to comment. All public participants will be allowed up to three minutes to comment. 7. Once the public comment period is done, the Mayor will continue to the next agenda item. Guidelines for Written Comments Written comments, 250 words or less, can be submitted to sue@ci.oakdale.mn.us by 4:30pm on the Monday prior to the council meeting that you would like to provide comment. When the public comment period begins, the Mayor will review the process and call on a staff member to read any public comments that were submitted via written statement. When those are completed, the Mayor will call for any spoken public comment (refer to #6). Important Notice: Zoom hosts will have the ability to and will remove participants from the meeting if they behave in a way that disrupts or interferes with the meeting.  REQUEST FOR COUNCIL ACTION Meeting Date: August 10 2021 Advisory Board/Commission ☐ Open Forum ☐ DH Approval: RS Award of Bid ☐ Other: ☐ CA Approval: CV Consensus Motions ☐ Public Hearing ☒ Department: ☐ Title: Staff Request to Delay Helmo Station Redevelopment Project Area Tax Increment Financing Plan BACKGROUND The public hearing set for August 10, 2021, needs to be continued to August 24, 2021. The continuation allows for more time to work through the final details of the TIF Development Agreement for the Bethesda project. STAFF RECOMMENDATION Staff recommends that the public hearing be continued to August 24, 2021, following a public hearing for comments at the August 10, 2021 meeting. CITY COUNCIL ACTION REQUESTED It is requested that the Mayor open the public hearing, solicit public comments, and call for a motion to continue the public hearing to August 24, 2021.  REQUEST FOR COUNCIL ACTION Meeting Date: August 10, 2021 Advisory Board/Commission ☐ Open Forum ☐ DH Approval: CV Award of Bid ☐ Other: ☐ CA Approval: CV Consensus Motions ☐ Public Hearing ☒ Department: ☐ Title: Massage Premises License Request: Lifeline Healing Massage LLC BACKGROUND On behalf of Lifeline Healing Massage LLC, Hannah Bannerman-Thompson has applied for a Massage Premises License to operate business at 1397 Geneva Avenue North. The license period would align with the City’s massage license term and expire September 30, 2021; ss such, the applicant paid a pro- rated license fee. A background investigation has already been completed by the Police Department and there were no disqualifying factors found. STAFF AND/OR BOARD/COMMISSION RECOMMENDATION Staff recommends that the City Council approve the issuance of a Massage Premises License to Lifeline Healing Massage LLC to operate business at 1397 Geneva Avenue North, for the license period through September 30, 2021. CITY COUNCIL ACTION REQUESTED It is requested that the City Council approve the issuance of a Massage Premises License to Lifeline Healing Massage LLC to operate business at 1397 Geneva Avenue North, for the license period through September 30, 2021.  WORKSHOP OAKDALE CITY COUNCIL June 22, 2021 The City Council held a workshop on Tuesday, June 22, 2021, at Oakdale City Hall, 1584 Hadley Avenue North, Oakdale, Minnesota. The meeting began at 5:00 PM. Present: Mayor Paul Reinke Council Members: Jake Ingebrigtson Susan Olson Colleen Swedberg Kevin Zabel Also Present: Christina Volkers, City Administrator Susan Barry, City Clerk Mary Cutrufello, Planning Intern Alyssa MacLeod, Communications Specialist Nick Newton, Police Captain Chelsea Petersen, Administrative Services Director Emily Shively, City Planner Bob Streetar, Community Development Director Bill Sullivan, Chief of Police Kevin Wold, Fire Chief Jason Zimmerman, Finance Director Andy Hering, Redpath and Associates AUDITOR PRESENTATION SUMMARIZING 2020 AUDIT And Hering, Redpath and Associates, provided an overview of the city’s audit report for 2020. Administrative Services Director Petersen added that staff was working with Platinum Bank to address an “insufficient collateral” item noted in the audit.In response to a question from Council Member Ingebrigtson, City Administrator Volkers indicated that city is at no risk at this time; however, staff would be looking at the current banking arrangements and determine where modifications may be needed. ADVISORY BODY REAPPOINTMENTS: PARKS AND RECREATION COMMISSION The City Council interviewed the following persons seeking reappointment to the Parks and Recreation Commission: Janet Cunningham and Mark Giannini. ADVISORY BODY REAPPOINTMENTS: PLANNING COMMISSION The City Council interviewed the following person seeking reappointment to the Planning Commission: Dallas Pierson. WORKSHOP June 22, 2021 Page Two Planning Commissioner Pierson asked that advisory body members receive training on Robert’s Rules. REAPPOINTMENT DISCUSSION The City Council supported reappointing Janet Cunningham and Mark Giannini to the Parks and Recreation Commission and Dallas Pierson to the Planning Commission at the regular City Council meeting. 2022 BUDGET City Administrator Volkers provided an overview of the 2022 Budget process and the budget review schedule. She noted that the city’s financial system (Incode) would be upgraded and that Finance Director Zimmerman has recommended that the city also acquire budgeting software, such as Open Gov. City Administrator Volkers added that staff would provide details, such as subscription costs, at a future meeting and obtain several estimates. Finance Director Zimmerman added that Incode collects data and budgeting software provides data in a multitude of formats. In response to a question from Mayor Reinke, City Administrator Volkers noted that the city’s classification and compensation plan would be brought to the City Council for review and would include placeholders for labor contract adjustments. Council Member Zabel asked that the use of broadcast fees be discussed. COUNCIL TOPICS Age Friendly Community The City Council briefly discussed a request to be designated as an “Age Friendly Community” and decided to bring the matter back to the July 13 meeting. Administrative Services Director City Administrator Volkers announced that Administrative Services Director Petersen tendered her resignation effective July 30 to become Assistant City Administrator for the City of Shakopee, which is a promotion with a location close to her home. PROPOSED ORDINANCE: Temporary Patios The City Council continued a discussion from the May 11 workshop to amend the code to allow temporary outdoor patios. WORKSHOP June 22, 2021 Page Three Community Development Director Streetar noted that at their June 3 Planning Commission meeting, the Planning Commission supported amending the code to allow temporary outdoor patios. In response to a question from City Administrator Volkers, Police Captain Newton explained that the Police Departments’ main concern with outdoor patios would be amplified sound. Council Member Zabel suggested modifying the city’s liquor code to allow for licenses to include outdoor patios instead of creating a new code. Planning Commissioner Pierson noted that the proposed code would allow other restaurants to have an outdoor patio not only those that serve alcohol. Community Development Director Streetar indicated that the patio code would address the placement of tables, amplified sound, traffic, approval from the property owner, etc., similar to the city’s garden center licenses. In response to a question from Council Member Zabel, Community Development Director Streetar explained that outdoor patios would not be approved for businesses where parking stalls would fall below that required by the city. In addition, Community Development Director Streetar noted that the licensing process would allow the opportunity to address any issues when businesses apply for license renewal. City Planner Shively noted that three businesses in Bergen Plaza (10th Street and Hadley Avenue) have adequate sidewalk area to offer patio seating; the temporary outdoor patio license would allow businesses without adequate sidewalk space to have an outdoor patio in an adjacent parking lot. Council Member Ingebrigtson supported the request but asked that start in 2022. Council Member Zabel agreed and planned to look at space at businesses on the list provided. Mayor Reinke supported the request but asked that the fee be less than $400. Council Member Olson supported the request. Council Member Swedberg supported the request starting in 2022. ADJOURNMENT The workshop adjourned at 6:50 PM. Respectfully submitted, Susan Barry, City Clerk  WORKSHOP OAKDALE CITY COUNCIL July 13, 2021 The City Council held a workshop on Tuesday, July 13, 2021, at Oakdale City Hall, 1584 Hadley Avenue North, Oakdale, Minnesota. The meeting began at 5:02 PM. Present: Mayor Paul Reinke Council Members: Jake Ingebrigtson Susan Olson Colleen Swedberg Kevin Zabel (participated virtually) Also Present: Christina Volkers, City Administrator Susan Barry, City Clerk Linnea Graffunder-Bartels, Senior Community Development Specialist Alyssa MacLeod, Communications Specialist Nick Newton, Police Captain Emily Shively, City Planner Bob Streetar, Community Development Director Kevin Wold, Fire Chief Jason Zimmerman, Finance Director GREENWAY STATION BUS RAPID TRANSIT ORIENTED DEVELOPMENT PLAN City Planner Shively reviewed a request to implement the Greenway Station Bus Rapid Transit Oriented Development (BRTOD) plan for the area of Helmo and Greenway avenues. She explained that the process would be the same as was used for Helmo Station, Tartan Crossing, and Oakdale Village and that the Greenway Station BRTOD would also be made part of the zoning code. Community Development Director Streetar added that permitted businesses identified for the Greenway Station site are those that offer retail or services that would frequented by residents in the vicinity and by those utilizing the Gold Line transit system. He added that the comprehensive lists in the zoning code were developed by former councils. In reviewing the list of prohibited businesses, Council Member Olson suggested allowing secondhand stores and tattoo parlors. Council Member Swedberg agreed and asked that the lists be revisited by the current council. Community Development Director Streetar reviewed the list of prohibited businesses and noted those that would not fit the size of the Greenway Station site and asked the City Council to identify businesses to add or remove from either list. In response to a question from Council Ingebrigtson, City Planner Shively noted that one adjacent parcel is currently for sale. WORKSHOP July 13, 2021 Page Two In response to a suggestion from Council Member Swedberg to use a broad statement, such as size of parcel, to describe businesses rather than to list them, City Planner Shively explained the benefit of identifying specific business types. Community Development Director Streetar noted that the city also considers requests from developers for uses that are not listed. In response to a question from Council Member Zabel, City Planner Shively explained that the zoning code defines permitted and prohibited businesses. Council Member Zabel suggested the City Council also review the list of permitted businesses for Greenway Station and identify those that would not meet the criteria of frequently used businesses and he noted some inconsistencies with what is allowed and what is not. In addition to secondhand stores and tattoo parlors, Community Development Director Streetar invited the City Council to identify businesses that should be allowed or prohibited for the Greenway Station site. After some additional discussion, Mayor Reinke summarized the City Council’s direction for the following businesses to be permitted: tattoo parlor and secondhand goods business In discussing whether to allow other businesses, such as indoor kennels and game rooms, Community Development Director Streetar stated that any requests from the prohibited list would be brought before the City Council for consideration. On another matter, Council Member Zabel asked that the city reconsider permitting only one pawnshop in the city. Council Member Olson asked that the City Council discuss the similarity in appearance of commercial buildings in the city. Council Members Ingebrigtson and Swedberg agreed. Community Development Director Streetar explained that the city has minimum design standards for details such as building height, setbacks, parking, and circulation and that building design is a function of the developer and architect. .GOV DOMAIN Communications Specialist MacLeod reviewed a request to change the city’s domain from ci.oakdale.mn.us to oakdalemn.gov. She added that there would be no cost for the conversion and no disruption to service as both domains would continue to function and that the new domain would provide added security and would be easier to use/communicate. WORKSHOP July 13, 2021 Page Three The City Council supported the change. PLANNING COMMISSION INTERVIEW: Thomas Willenbring Council Member Olson recused herself from participating in the interview. The City Council interviewed Thomas Willenbring for consideration to appoint to the Planning Commission. COUNCIL TOPICS ISD 622 - Council Member Olson noted that she would not be meeting with the ISD 622 Superintendent as previously mentioned. 2022 BUDGET The City Council continued its discussion of the 2022 Budget. Chris Volkers, City Administrator introduced updates to the budget since the last work session. Jason Zimmerman, Finance Director reviewed the memo attached to the agenda. In response to a question from Council Member Ingebrigtson on the potential of significantly reduced property tax revenue, Finance Director Zimmerman reviewed the city portion of property tax and explained how the City is approximately 1/3 of property taxes. In response to a comment from Council Member Zabel, Council Member Swedberg noted that organizations selling pull-tabs did well at years’ end. City Administrator Volkers indicated that staff would provide the City Council with details on charitable gambling revenue and the associated fund. She also indicated that staff would provide details on franchise fee revenue and the associated Fund. In discussing the Ambulance Fund, City Administrator Volkers noted that staff was reviewing collection services and current rates and that staff would provide details on the city’s uncollected debt to the City Council. Finance Director Zimmerman reviewed the capital equipment requests. City Administrator Volkers added that Finance Director Zimmerman would develop a five-year equipment replacement plan. Fire Chief Wold provided an overview of future equipment needs for the Fire Department, including a fire engine needed now, which is one year overdue, as well as trade-in and salvage value. WORKSHOP July 13, 2021 Page Four Finance Director Zimmerman reviewed the city’s current bonds and annual payments. Council Member Zabel suggested paying off the $110,000 bond with reserves. City Administrator Volkers replied that staff would bring back strategies on future bonds. COUNCIL TOPICS (cont.) Hadley and 36 Roundabout - Council Member Swedberg expressed concern with the appearance of the landscaped areas at the Hadley Avenue and Highway 36 roundabouts. ADJOURNMENT The workshop adjourned at 6:50 PM. Respectfully submitted, Susan Barry, City Clerk  State of Minnesota City of Oakdale Proclamation WHEREAS, BUILDING AND CODE PROFESSIONALS ENSURE THAT ALL ASPECTS OF BUILDING CODE ADMINISTRATION, CODE ENFORCEMENT, RENTAL HOUSING LICENSING, AND OTHER DUTIES ARE PERFORMED IN A TIMELY, PROFESSIONAL MANNER; AND WHEREAS, BUILDING AND CODE PROFESSIONALS DEVOTE COUNTLESS HOURS KEEPING UP WITH REGULATION CHANGES THAT AFFECT THE BUILDING AND CODE ENFORCEMENT INDUSTRIES; AND WHEREAS, BUILDING AND CODE PROFESSIONALS ARE PRIMARILY OUT INTO THE FIELD WHERE THEY CAN ENCOUNTER ROUGH TERRAIN, HEIGHTS, DEPTHS, NARROW SPACES, CONSTRUCTION EQUIPMENT AND ACTIVITIES, UNFAVORABLE WEATHER CONDITIONS, IRATE PERSONS, CANINES, AND OTHER POTENTIAL HAZARDS; AND WHEREAS, DESPITE HAZARDS, BUILDING AND CODE PROFESSIONALS ARE FULLY DEDICATED TO ENSURING THAT BUILDINGS ARE BUILT SAFE, STRONG, AND SECURE AND REMAIN SAFE, STRONG, AND SECURE; AND WHEREAS, THE CITY OF OAKDALE STRONGLY SUPPORTS THE SKILLED WORK OF ITS BUILDING AND CODE PROFESSIONALS. THEREFORE, I, PAUL REINKE, THE MAYOR OF OAKDALE, MINNESOTA, HEREBY PROCLAIM SEPTEMBER 1 AS “BUILDING AND CODE PROFESSIONAL APPRECIATION DAY” IN THE CITY OF OAKDALE. IN WITNESS THEREOF: I HAVE HEREUNTO SET MY HAND AND CAUSED THE SEAL OF THE CITY OF OAKDALE TO BE AFFIXED ON THIS 10TH DAY OF AUGUST, 2021. _______________________________________ Paul Reinke, Mayor  REQUEST FOR COUNCIL ACTION Meeting Date: August 10 2021 Advisory Board/Commission ☐ Open Forum ☐ DH Approval: CV Award of Bid ☐ Other: ☐ ☒ Public Hearing ☐ CA Approval: CV Consensus Motions a Department: ☐ Title: Code of Ordinances: Amend Chapter 9 – Licenses and Business Regulations, Article XV – Mobile Food Vendors, Background Checks BACKGROUND At their July 27 work session, the City Council supported making the following modifications to the Mobile Food Vendor license regulations: 1. Sec. 9-141: Removing “Temporary Mobile Food Vehicle License” definition as one day licenses are no longer offered. 2. Sec. 9-143(b): Removing the license fee for mobile food vendor licenses. 3. Sec. 9-143(c)(b): Modify time for city staff application review. 4. Sec. 9-143(d)(c): Modifying license term from September - August to January - December. 5. Sec. 9-145(c)(d): Staff will verify signature and payment. 6. Sec. 9-145(e)(f): Background investigations no longer required for Mobile Food Vendor Licenses. 7. Sec. 9-146/9-147: Adding email as a form of communication. 8. Sec. 9-149(k)(l): Original wording of (k) and (o) modified and separated into (k) and (l), and property owner approval element added to (l). Pertaining to #2 above, the City Council supports rescinding Resolution 2021-09, adopted January 12, 2021, which set an annual fee of $80 for non-residents and businesses not located in Oakdale for Mobile Food Vendor licenses as it is the desire of the City Council that no fee be charged for Mobile Food Vendor licenses. STAFF BOARD/COMMISSION RECOMMENDATION Staff recommends that the City Council amend Chapter 9 – Licenses and Business Regulations, Article 15 – Mobile Food Vendors, in its entirety. Staff also recommends rescinding Resolution 2021-09. CITY COUNCIL ACTION REQUESTED It is requested that the City Council waive reading and adopt Ordinance xxx, Amending the Code of Ordinances for the City of Oakdale, Chapter 9 – Licenses and Business Regulations, Article 15 – Mobile Food Vendors, in its entirety; and to waive reading and adopt Resolution 2021-xxx, Rescinding Resolution 2021-09, adopted January 12, 2021, setting the annual fee for Mobile Food Vendor licenses.  CITY OF OAKDALE ORDINANCE xxx AMENDING THE CODE OF ORDINANCES FOR THE CITY OF OAKDALE, CHAPTER 9 – LICENSES AND BUSINESS REGULATIONS, ARTICLE 15 – MOBILE FOOD VENDORS. The City Council of the City of Oakdale ordains: Section 1. The Oakdale Code of Ordinances, Chapter 9, Article 15 is amended as follows: Sec. 9-141. Definitions. The following words, terms and phrases when used in this Article, shall have the meanings ascribed to them in this Article, except where the context clearly indicates a different meaning. • City – City of Oakdale, Minnesota. • County Authority – Washington County Public Health and Environment. • Issuing Authority – The City Administrator or his authorized designee. • Local Authority – City of Oakdale, Minnesota. • Mobile Food Vehicle - Any vehicle or trailer used for the purpose of selling more than two (2) types of food or beverage prepared inside the vehicle and ready to be consumed while the vehicle is parked. • Mobile Food Vehicle License – A Mobile Food Vehicle License license issued under this Article that is valid during the licensing term. • State Authority – Minnesota Department of Health or Minnesota Department of Agriculture. • Temporary Mobile Food Vehicle License – A one (1) day Mobile Food Vehicle License valid for the day(s) for which it is issued. Sec. 9-142. License Required. It is unlawful for any person to operate a Mobile Food Vehicle without being issued a license from the City. Operations meeting the definition of a Mobile Food Vehicle and operating under a valid Mobile Food Vehicle License do not need a Peddler’s license under Section 9-69(b) of the City Code. Sec. 9-143. License Requirements. (a) Application. Application for a Mobile Food Vehicle License will be made on forms supplied by the City. All registration and license applications and associated required materials must be submitted to the Issuing Authority a minimum of fifteen (15) regular business days before the applicant desires to begin conducting business within the City. No license will be issued for any activity that does not adhere to this requirement. The Issuing Authority may require such information on the application as it deems reasonable and necessary. (b) Fee. All applications for a license shall be accompanied by a fee established by the City Council. (c)(b) Licensing Procedure. Upon receipt of the application and of the license fee, the Issuing Authority will, within two (2) regular business days, determine if the application is complete. An application will be considered complete if all required information is provided. If an application is determined incomplete, the Issuing Authority must inform the applicant of that required, or otherwise necessary information is missing. If the application is complete, the Issuing Authority staff will forward the application to any other City  departments that would be deemed as necessary to conduct inspections and to verify eligible zoning locations. Within fifteen (15) regular business days of receiving a complete application, the Issuing Authority must issue the license unless grounds exist for denying the license application under Sec. 9-145. (d) Duration. Licenses may be issued on an annual or per day basis. Applicants may choose one from the two (2) types of Mobile Food Vehicle Licenses during the initial application process: (1) Mobile Food Vehicle Licenses shall only be valid for the licensing term. The licensing term shall begin on September 1 and run through August 31 of the following year. (2) Temporary Mobile Food Vehicle Licenses shall only be valid for the dates for which the license is issued. (d)(c) License Term. All licenses issued under this article shall expire December 31. (e)(d) Display of License. All licenses issued by the City shall be visibly displayed on the outside of the Mobile Food Vehicle at all times when conducting business in the City. during business conduction. Sec. 9-144. Licensing Exceptions. Mobile Food Vehicles participating in organized events approved sanctioned by the City shall be exempt from the licensing requirements of this Article. Sec. 9-145. License Ineligibility. The following are should be grounds for denying issuance of a Mobile Food Vehicle License: (a) The failure of an applicant to obtain and demonstrate proof of all necessary licenses or permits required by state, county, or local health, and or transportation authorities. (b) The failure of an applicant to truthfully provide any information requested by the City as part of the application process. (c) The failure of an applicant to sign the license application. (d) The failure of an applicant to pay the required fee, (if any), at the time of application. (e) A conviction within the past five (5) years of the date of application for any violation of any federal or state statute or regulation, or of any local ordinance, which adversely reflects upon the person’s ability to conduct the business for which the license is being sought in a professional, honest and legal manner. Such violations shall include, but are not limited to, burglary, theft, larceny, swindling, fraud, unlawful business practices, and any form of actual or threatened physical harm against another person or property. (f) The revocation within the past five (5) years of any similar licenses issued to an applicant. (g) (c) Evidence of any unresolved or ongoing government or legal action against the business filed by any state or government entity. (h) (d) The existence of three (3) or more substantiated complaints about the business conduct within the preceding three (3) years from city residents or other jurisdictions where licenses have been issued to the applicant. (i) (e) When the Issuing Authority has learned the applicant has changed any name or names relating to the applicant or business in an attempt to hide or escape any legal obligation(s). (j) (f) If after investigation, the Issuing Authority finds the character and business responsibility of the applicant to be unsatisfactory or a potential harm to the public. (k) g) The failure to meet or comply with fire codes or safety standards upon inspection completed by any local, county, or state authorities. Sec. 9-146. License Denial Procedure. If the City denies the license application, the applicant must shall be notified in writing of the decision and the reason(s) for denial. Notice shall be delivered in person, or by regular mail, or by email to the applicant at the address provided in the application and shall inform the applicant of the applicant’s right to appeal the denial by requesting in writing, within twenty (20) days of receiving notice of denial, a hearing before the City Council. The City Council shall hear the appeal within twenty (20) days of the date of the request for a hearing. Sec. 9-147. Suspension and Revocation. (a) Generally. Any license may be suspended or revoked at the discretion of the Issuing Authority for violation of any of the following: 1) Subsequent knowledge by the city of fraud, misrepresentation or incorrect statements provided by an applicant on the application form. 2) Fraud, misrepresentation or false statements made during the course of the licensed activity. 3) Subsequent conviction of any offense to which the granting of the license could have been denied under Sec. 9-145. 4) Engaging in any prohibited activity as provided under Sec. 9-149. (b) Notice and Right to Hearing. Prior to revoking or suspending any license, the Issuing Authority shall provide a license holder with written notice of the alleged violations and inform the licensee or registrant of his or her right to a hearing on the alleged violation. Notice shall be delivered in person, or by regular mail, or by email to the applicant at the address provided in the application and shall inform the applicant of the applicant’s right to a hearing. If no request for a hearing is received within ten (10) days following the service of the notice, the Issuing Authority may proceed with the suspension or revocation. For the purpose of a mailed notice service shall be considered complete as of the date the notice is placed in the mail. If a hearing is requested within the stated time frame, a hearing shall be scheduled within twenty (20) days from the date of the request for the hearing. (c) Emergency. If, in the discretion of the Issuing Authority, imminent harm to the health or safety of the public may occur because of the actions of a Mobile Food Vehicle licensee, the Issuing Authority may immediately suspend the person’s license and provide notice of the right to hold a subsequent hearing as prescribed in part (b) of this section. Sec. 9-148. License or Registration Transferability. No license issued shall be transferred to any person other than the person to whom the license was issued. Sec. 9-149. Restrictions. No Mobile Food Vehicle shall conduct business in any of the following manners and or in the following areas: (a) Calling attention to his or her business or the items to be sold by means of blowing any horn or whistle, ringing any bell, crying out, or by any other noise, so as to be unreasonably audible. (b) Obstructing the free flow of traffic, either vehicular or pedestrian, on any street, sidewalk, alleyway, or other public right-of-way. (c) Conducting business in a way as to create a threat to the health, safety and welfare of any specific individual or the general public. (d) Conducting business before 8 AM or after 8 PM, unless authorized by the Issuing Authority. (e) Failing to provide proof of license and identification when requested. (f) Using the license of another person and or of another Mobile Food Vehicle license licensee. (g) Alleging false or misleading statements about the products being sold, including untrue statements of endorsement. No Mobile Food Vehicle shall claim to have the endorsement of the City solely based on the City having issued a license to that person. (h) Remaining on the property of another when requested to leave or returning to that property after leaving, without written permission of the property owner. (i) Otherwise operating their business in any manner that a reasonable person may be found to be find obscene, threatening, intimidating or abusive. (j) Conducting business in a City park or parking lot at a City park unless authorized by the Issuing Authority. k) Operate business less than two thousand (2,000) feet away when there is a permit issued for another food or similar permitted event, festival, celebration, or tournament at the same location. (k) Operating business less than 2,000 feet away from a permitted event. (l) Operating business less than 200 feet from any food service premises, unless with approval from the owner of the food service premise(s) or retail center. (l)(m) Failing to maintain mobile food vehicle in good repair, order, and neat appearance. (m)(n) Failing to clean up and properly dispose of trash and debris in the vicinity of the around their mobile food vehicle at the end of each business day. (n)(o) Dispensing liquid and or other waste products from mobile food vehicle on to city, public, and private property. o) Conducting business less than two thousand (2,000) feet away from any food service business. 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 10th day of August, 2021 by the Oakdale City Council. Attest: _____________________________________ Susan Barry, City Clerk Publish:  CITY OF OAKDALE RESOLUTION 2021-xxx RESCINDING RESOLUTION 2021-09 SETTING THE ANNUAL FEE FOR MOBILE FOOD VENDOR LICENSES. At a regular meeting of the City Council of the City of Oakdale held on Tuesday, August 10, 2021, at the Oakdale Municipal Building, 1584 Hadley Avenue North, Oakdale, Minnesota with the following members present: Mayor Paul Reinke, Council Members Kevin Zabel, Jake Ingebrigtson, Colleen Swedberg, and Susan Olson, and the following members absent: none, the Oakdale City Council resolved: WHEREAS, on January 12, 2021, the Oakdale City Council adopted Resolution 2021-09 setting the annual fee for Mobile Food Vendor licenses; and WHEREAS, per direction provided by the City Council to staff on July 27, 2021, the Mobile Food Vendor license will no longer have an associated fee, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Oakdale hereby rescind Resolution 2021-09. Voting in Favor: Voting Against: Resolution duly seconded and passed this 10th day of August, 2021. _______________________________ Attest: Paul Reinke, Mayor _______________________________ Susan Barry, City Clerk `  REQUEST FOR COUNCIL ACTION Meeting Date: August 10 2021 Advisory Board/Commission ☐ Open Forum ☐ DH Approval: CV Award of Bid ☐ Other: ☐ ☐ CA Approval: CV Consensus Motions b ☒ Public Hearing Department: ☐ Title: Noise Variance: Church of Jesus Christ of Latter Day Saints, 2140 Hadley Avenue BACKGROUND Staff received a request from the Church of Jesus Christ of Latter Day Saints for the city to grant a variance to allow amplified sound on Saturday, August 14, 2021 for a youth conference being held that day. The request is to allow audio speakers on the front lawn of the church from 5:15 to 5:45 PM; and, potentially, music to be played at an outdoor dance in the rear parking lot from 7 to 9:30 PM; the outside dance will held outdoors only if CDC guidelines do not allow the dance to take place indoors. Staff sent letters to 87 property owners who live within 500 feet of the subject property. The city received the following responses: 1 Support the Request 0 Oppose the Request STAFF RECOMMENDATION Staff recommends that the City Council approve a temporary variance to Section 19-4(c) of Chapter 19 – Noise to allow the Church of Jesus Christ of Latter Day Saints to amplify sound on August 14, 2021, from 5:15 to 5:45 PM and, potentially, from 7 to 9:30 PM at 2140 Hadley Avenue. CITY COUNCIL ACTION REQUESTED It is requested that the City Council approve a temporary variance to Section 19-4(c) of Chapter 19 – Noise to allow the Church of Jesus Christ of Latter Day Saints to amplify sound on August 14, 2021, from 5:15 to 5:45 PM and, potentially, from 7 to 9:30 PM at 2140 Hadley Avenue.  REQUEST FOR COUNCIL ACTION Meeting Date: August 10 2021 Advisory Board/Commission ☐ Open Forum ☐ DH Approval: CV Award of Bid ☐ Other: ☐ ☐ CA Approval: CV Consensus Motions c ☒ Public Hearing Department: ☐ Title: Noise Variance: The Sanctuary Church, 5399 Geneva Avenue BACKGROUND Staff received a request from The Sanctuary Church for the city to grant a variance to allow amplified sound for an outdoor concert (live band) on Saturday, August 21, 2021, between the hours of 4 and 8 PM. Staff sent letters to the 64 property owners who live within 500 feet of the subject property (list attached). The city received the following responses: 0 Support the Request 0 Oppose the Request STAFF RECOMMENDATION Staff recommends that the City Council approve a temporary variance to Section 19-4(c) of Chapter 19 – Noise to allow The Sanctuary Church to amplify sound in the form of live music on August 21, 2021, between the hours of 4 and 8 PM at 5399 Geneva Avenue. CITY COUNCIL ACTION REQUESTED It is requested that the City Council approve a temporary variance to Section 19-4(c) of Chapter 19 – Noise to allow The Sanctuary Church to amplify sound in the form of live music on August 21, 2021, between the hours of 4 and 8 PM at 5399 Geneva Avenue.  REQUEST FOR COUNCIL ACTION Meeting Date: August 10, 2021 Advisory Board/Commission ☐ Open Forum ☐ DH Approval: BB Award of Bid ☐ Other: ☐ ☐ CA Approval: CV Consensus Motions d ☒ Public Hearing Department: ☐ Title: Restrict Parking on the west side of CSAH 13 (Ideal Avenue) from Hidden Bay Trail North (Lake Elmo) to 44th Street BACKGROUND Washington County, in conjunction with the City of Oakdale and the City of Lake Elmo, has planned improvements for CSAH 13 (Ideal Avenue N.) from 800 feet north of CSAH 14 (34th Street N.) to 44th Street N. The County is requesting that no parking be instituted on the west side of CSAH 13 (Ideal Avenue N.) from Hidden Bay Trail North in Lake Elmo to 44th Street. The restricted parking is being recommended due to the addition of an off-road trail and improvements on CSAH 13. STAFF AND/OR BOARD OR COMMISSION RECOMMENDATION It is recommended the Council approve parking restrictions on the west side of CSAH 13 (Ideal Avenue N.) from Hidden Bay Trail North in Lake Elmo to 44th Street North. CITY COUNCIL ACTION REQUESTED It is requested that the City Council waive reading and adopt Ordinance xxx, Amending the Code of Ordinances for the City of Oakdale, Chapter 12 – Motor Vehicles and Traffic, Section 12-19 – Parking Restrictions (Ideal Avenue from Hidden Bay Trail North in Lake Elmo to 44th Street – West Side).  City of Oakdale ORDINANCE xxx AMENDING THE CODE OF ORDINANCES FOR THE CITY OF OAKDALE, CHAPTER 12 – MOTOR VEHICLES AND TRAFFIC, SECTION 12-19 – PARKING RESTRICTIONS (PORTION OF 40TH STREET, NORTH SIDE). The City Council of the City of Oakdale hereby ordains: Section 1: Oakdale Code of Ordinances, Chapter 12, Section 12-19, shall read: Sec. 12-19. Parking Restrictions. (a) No Parking. No vehicles shall be allowed to park along the designated portions of the city streets described herein: Ideal Avenue from Hidden Bay Trail North in Lake Elmo to 44th Street – West Side 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: Passed by the City Council of the City of Oakdale this 10th day of August, 2021. Attest: _____________________________________ Susan Barry, City Clerk Published:  REQUEST FOR COUNCIL ACTION Meeting Date: August 10, 2021 Advisory Board/Commission ☐ Open Forum ☐ DH Approval: CV Award of Bid ☐ Other: ☐ CA Approval: CV Consensus Motions e ☒ Public Hearing ☐ Department: ☐ Title: Massage Therapy License Request: Hannah Bannerman-Thompson BACKGROUND Hannah Bannerman-Thompson has applied for a Massage Therapy License to practice at Lifeline Healing Massage LLC, 1397 Geneva Avenue North. If granted, the license period would align with the City’s massage license term and expire September 30, 2021. As such, the applicant paid a pro-rated license fee. The Police Department has completed a background investigation and there were no disqualifying factors found. STAFF AND/OR BOARD/COMMISSION RECOMMENDATION Staff recommends that the City Council approve the issuance of a Massage Therapy License to Hannah Bannerman-Thompson to practice at Lifeline Healing Massage LLC, 1397 Geneva Avenue North, for the license period through September 30, 2021. CITY COUNCIL ACTION REQUESTED It is requested that the City Council approve the issuance of a Massage Therapy License for Hannah Bannerman-Thompson to practice at Lifeline Healing Massage LLC, 1397 Geneva Avenue North, for the license period through September 30, 2021.  REQUEST FOR COUNCIL ACTION Meeting Date: August 10, 2021 Advisory Board/Commission ☐ Open Forum ☐ DH Approval: CV Award of Bid ☐ Other: ☐ CA Approval: CV Consensus Motions f ☒ Public Hearing ☐ Department: ☐ Title: Secondhand Goods Dealer License Renewal Request: Best Buy Stores, LP BACKGROUND Best Buy Stores, LP, dba Best Buy, 8301 - 3rd Street North, holds a Secondhand Goods Dealer License that expired on March 25. They submitted a late renewal application and would like to continue their “Trade In for Store Credit” program that enables customers to trade in phones and electronics and receive a store credit or a plan upgrade. As a part of the licensing process, the Police Department completed a background investigation and there were no disqualifying factors found. STAFF AND/OR BOARD/COMMISSION RECOMMENDATION Staff recommends that the City Council approve the renewal and issuance of a Secondhand Goods Dealer License to Best Buy for the license period of August 10, 2021 to August 10, 2022. CITY COUNCIL ACTION REQUESTED It is requested that the City Council approve the renewal of a Secondhand Goods Dealer License to Best Buy Stores, LP, dba Best Buy, 8301 - 3rd Street North, for the license period of August 10, 2021 to August 10, 2022.  REQUEST FOR COUNCIL ACTION Meeting Date: August 10, 2021 Advisory Board/Commission ☐ Open Forum ☐ DH Approval: CV Award of Bid ☐ Other: ☐ CA Approval: CV Consensus Motions g ☒ Public Hearing ☐ Department: ☐ Title: Temporary Liquor License Request: Guardian Angels Catholic Church BACKGROUND Guardian Angels Catholic Church, 8260 4th Street North, will be holding their annual Fall Festival from September 17 to September 19 and has requested a Temporary On-Sale Liquor License for their event. STAFF AND/OR BOARD/COMMISSION RECOMMENDATION Staff recommends that the City Council approve the issuance of a Temporary Liquor License to Guardian Angels Catholic Church, 8260 4th Street North, for their Fall Festival being held September 17 to 19. CITY COUNCIL ACTION REQUESTED It is requested that the City Council approve the issuance of a Temporary Liquor License to Guardian Angels Catholic Church, 8260 4th Street North, for their Fall Festival being held September 17 to 19, 2021.  REQUEST FOR COUNCIL ACTION Meeting Date: August 10 2021 Advisory Board/Commission ☐ Open Forum ☐ DH Approval: BB Award of Bid ☐ Other: ☐ ☐ CA Approval: CV Consensus Motions h ☒ Public Hearing Department: ☐ Title: Approve the appointment of Robert Carver as Mechanic BACKGROUND The Public Works Department has one vacancy for the position of Mechanic. Following a comprehensive selection process, the department is recommending the appointment of Robert Carver as full-time Mechanic, effective August 25, 2021, contingent upon completion of a background investigation. STAFF AND/OR BOARD/COMMISSION RECOMMENDATION Staff recommends appointing Robert Carver as full-time Mechanic, effective August 25, 2021, at a rate of pay consistent with the current labor agreement. CITY COUNCIL ACTION REQUESTED It is requested that per Policy PE-031, Section 5.0, the City Council appoint Robert Carver to full-time Mechanic, effective August 25, 2021, at a rate of pay consistent with the current labor agreement, subject to the completion of the background investigation.  REQUEST FOR COUNCIL ACTION Meeting Date: August 10 2021 Advisory Board/Commission ☐ Open Forum ☐ DH Approval: CV Award of Bid ☐ Other: ☐ CA Approval: CV Consensus Motions i ☒ Public Hearing ☐ Department: ☐ Title: Authorize Mayor and City Administrator to Enter into Agreement Relating to Background Investigations for Police Chief Semi-Finalists/Finalist BACKGROUND Police Chief Sullivan retired from the City of Oakdale as of July 31, 2021. On May 25, the City Council granted approval to engage executive recruiter Baker Tilly for recruitment services for a new Chief of Police. At this point in the process, four semi-finalists have been identified and comprehensive background investigations need to be conducted on each. To conduct the background investigations, the recruiter recommends Gary Cayo of Cayo & Associates, LLC, based on a recommendation from the recruiters usual investigator of 15 years. Located in Minnetonka, Cayo & Associates have the resources and experience needed for this endeavor which includes a more comprehensive background check than is done for regular position recruitments to include FBI background reports, internal personnel files, and onsite reference checking with the candidates’ current departments. FINANCIAL CONSIDERATION The cost of conducting the background investigations on the Chief of Police Semi-Finalists/Finalist will be billed at an hourly rate of $100/hour plus $0.75 per mile for onsite work. STAFF AND/OR BOARD/COMMISSION RECOMMENDATION Staff recommends that the City Council authorize the Mayor and the City Administrator to enter into an agreement with Cayo & Associates, LLC for background investigation services for Chief of Police Semi- Finalists/Finalist. CITY COUNCIL ACTION REQUESTED Staff recommends that the City Council authorize the Mayor and the City Administrator to enter into an agreement with Cayo & Associates, LLC, for background investigation services for Chief of Police Semi- Finalists/Finalist.  REQUEST FOR COUNCIL ACTION Meeting Date: August 10, 2021 Advisory Board/Commission ☐ Open Forum ☐ DH Approval: RS Award of Bid ☐ Other: ☐ ☐ CA Approval: CV Consensus Motions j ☒ Public Hearing Department: ☐ Title: 2021 Solid Waste Hauler License: Walters Recycling and Refuse BACKGROUND Chapter 6 (Solid Waste and Environment) of the Oakdale City Code requires licensing of trash haulers operating in Oakdale. The ordinance provides for four categories of license: 1. Commercial Property/Multiple Residential Dwelling Service 2. Residential Dwelling Service 3. Residential Recycling Service 4. Roll-off Service The listed hauler represent a new application. The hauler has supplied the necessary information and licensure fees for renewal. In certain instances, insurance certificates and surety bonds will be updated as they expire in 2021, with renewed insurance certificates and surety bonds forwarded to the City. STAFF AND/OR BOARD OR COMMISSION RECOMMENDATION Approve the hauler in the attached list for a 2021 Commercial Solid Waste Hauler License. CITY COUNCIL ACTION REQUESTED Approve issuance of 2021 Commercial Solid Waste Hauler License, as noted, contingent upon receipt of all required materials as listed in the ordinance.  2021 Solid Waste Hauler List Company Type of License Walters Recycling & Refuse, Inc. 2830 101st Ave NE Commercial Blaine, MN 55449  REQUEST FOR COUNCIL ACTION Meeting Date: August 10 2021 Advisory Board/Commission ☐ Open Forum ☐ DH Approval: JZ Award of Bid ☐ Other: ☐ CA Approval: CV Consensus Motions k ☒ Public Hearing ☐ Department: ☐ Title: Resolution: Approve Interfund Transfers BACKGROUND In 2020, in response to the COVID-19 pandemic, the city established a COVID Recovery Business Loan Program to provide interest-free loans to businesses in the community that were forced to close for a period of time per executive order(s) of the Governor of Minnesota. Such closures significantly impacted the employees and customers of local businesses and the loan program allowed businesses to possibly reopen safely and be utilized for typical business operating expenses such as rent, utilities, insurance, advertising, and personal protective equipment such as disinfectant, hand sanitizer, and masks. In May of 2021, staff was directed to provide all scheduled events and programs for the youth during the summer of 2021 at no cost to Oakdale residents to address and improve the mental health and well-being of the youth in the community. FINANCIAL CONSIDERATION Consistent with prior City Council intent, it is requested that $117,196.88 be transferred from General Fund Reserves to the COVID Recovery Business Loan Program and $38,765 be transferred from General Fund Reserves to the Recreation Activities Special Revenue Fund to reimburse those expenses and allow for lost revenue. STAFF AND/OR BOARD/COMMISSION RECOMMENDATION Staff recommends that the City approve Interfund Transfers of $117,196.88 from General Fund Reserves to the COVID Recovery Business Loan Program and $38,765 from General Fund Reserves to the Recreation Activities Special Revenue Fund. CITY COUNCIL ACTION REQUESTED Staff recommends that the City Council waive reading and adopt Resolution 2021-xxx, Approving an Interfund Transfers of $117,196.88 from General Fund Reserves to the COVID Recovery Business Loan Program and $38,765 from General Fund Reserves to the Recreation Activities Special Revenue Fund.  City of Oakdale RESOLUTION 2021-xxx APPROVING INTERFUND TRANSFERS FROM THE RESERVE FUND TO THE COVID-19 RECOVERY BUSINESS LOAN PROGRAM AND RECREATION PROGRAMMING. At a meeting of the City Council of the City of Oakdale held on Tuesday, August 10, 2021, 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, in 2020, in response to the COVID-19 pandemic, the city established a COVID Recovery Business Loan Program to provide interest-free loans to businesses in the community that were forced to close for a period of time per executive order(s) of the Governor of Minnesota; and WHEREAS, such closures significantly impacted the employees and customers of local businesses and the loan program allowed businesses to possibly reopen safely and be utilized for typical business operating expenses such as rent, utilities, insurance, advertising, and personal protective equipment such as disinfectant, hand sanitizer, and masks; WHEREAS, $116,196.88 of deferred loans were processed; and WHEREAS, $1,000.00 of forgivable loans were processed; and WHEREAS, it is requested consistent with prior council intent, that $117,196.88 be transferred from General Fund Reserves to the COVID Recovery Business Loan Program; and WHEREAS, in May of 2021, staff was directed to provide all scheduled events and programs for the youth during the summer of 2021 at no cost to Oakdale residents to address and improve the mental health and well-being of the youth in the community; and WHEREAS, it is requested that $38,765 be transferred from General Fund Reserves to the Recreation Activities Special Revenue Fund to reimburse those expenses and allow for lost revenue; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Oakdale hereby approves the Interfund Transfers of $117,196.88 from General Fund Reserves to the COVID Recovery Business Loan Program and $38,765 from General Fund Reserves to the Recreation Activities Special Revenue Fund. Voting in Favor: Voting Against: Resolution duly seconded and passed this 10th day of August, 2021. ________________________________________ Attest: Paul Reinke, Mayor ____________________________________ Susan Barry, City Clerk  REQUEST FOR COUNCIL ACTION Meeting Date: August 10 2021 Advisory Board/Commission ☐ Open Forum ☐ DH Approval: CV Award of Bid ☐ Other: ☐ ☐ CA Approval: CV Consensus Motions l ☒ Public Hearing Department: ☐ Title: Approve the Voluntary Demotion of City Employee BACKGROUND Building Official Sheryl Mellgren has submitted a request to return to her former position of Building Inspector and the associated responsibilities. Per Section 12.0 of City Policy PE-031: Personnel, the City Council may authorize a demotion for “other good and sufficient reasons.” STAFF AND/OR BOARD/COMMISSION RECOMMENDATION Staff recommends approving Ms. Mellgren’s request for a voluntary demotion to Building Inspector effective CITY COUNCIL ACTION REQUESTED It is requested that the City Council approve Ms. Mellgren’s request for a voluntary demotion to Building Inspector, made effective the earlier of (1) first date of employment of new Chief Building Official or (2) October 1, 2021.  REQUEST FOR COUNCIL ACTION Meeting Date: August 10 2021 Advisory Board/Commission ☐ Open Forum ☐ DH Approval: CV Award of Bid ☐ Other: ☐ CA Approval: CV Consensus Motions m ☒ Public Hearing ☐ Department: ☐ Title: Authorize the Mayor and City Administrator to enter into an Agreement between the City of Maplewood and the City of Oakdale for building inspection and plan check review services for state projects in Oakdale BACKGROUND The State of Minnesota Department of Labor and Industry has authorized the City of Oakdale Delegation authority for inspection of state projects. The Delegation Agreement transfers responsibility between the department and a municipality (e.g., City of Oakdale) and outlines who is authorized to administer all, or potions of, the Minnesota State Building Code on state building projects. With rapid new development happening in Oakdale, combined with some restructuring and staffing changes within the Building Codes division, Oakdale is in need of some assistance for state inspection services under the Delegation Agreement and the Building Official from Maplewood has agreed to assist. FINANCIAL CONSIDERATION Oakdale will reimburse Maplewood for the services of the Maplewood Building Official as noted to include salary and salary driven benefits. STAFF RECOMMENDATION Staff recommends the City Council grant authority for the Mayor and City Administrator to enter into an Agreement with the City of Maplewood for state project inspection services under Oakdale’s Delegation Agreement to reimburse Maplewood for the services of their Building Official. CITY COUNCIL ACTION REQUESTED It is requested that the City Council authorize the Mayor and City Administrator to enter into an agreement with the City of Maplewood for building inspection and plan check review services for state projects in Oakdale.  REGULAR MEETING ECONOMIC DEVELOPMENT COMMISSION CITY OF OAKDALE JUNE 2, 2021 CALL TO ORDER A regular meeting of the Economic Development Commission of the City of Oakdale was held on Wednesday, June 2, 2021 at the Oakdale City Hall, Oakdale, Minnesota. Chair Landis called the meeting to order at 5:15p.m. CALL OF ROLL On a call of roll, the following were present via Zoom meeting. Chairperson: Mark Landis Commissioners: Dave Halper David Lewis Gary Livingston Scott Oechsner Gary Severson Lynn Stafford Robert Stiglich Erin Voca Frank Orsello Absent: Stacie Penn Bill Burns Holly Koep Also Present: Linnea Graffunder-Bartels, Senior Community Development Specialist Paul Reinke, Mayor Colleen Swedberg, City Council Liaison Quorum Present: YES ☒ NO ☐ PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES A MOTION WAS MADE BY COMMISSIONER ORSELLO, SECONDED BY COMMISSIONER LEWIS, TO APPROVE THE MINUTES OF THE REGULAR MEETING OF MAY 5, 2021. Ayes 10 Abstain 0 Nays 0 Motion Carried Economic Development Commission Minutes June 2, 2021 Page Two OLD BUSINESS None NEW BUSINESS Council Liaison Update Councilmember Swedberg reported on the following: • Landscape Revival, June 12, City Hall parking lot, 9-1pm. Local Option Sales Tax Presentation Mayor Reinke reported on two capital projects for Oakdale. The projects include an expansion and garage for the Police Department and a new facility for Public Works. The current Public Works building is experiencing water seepage that could create mold. 3M is willing to sell a site on Granada Avenue and County 14 (old Hwy 5) for a reasonable price. This site is considered polluted and 3M will pay for and cleanup site for the building project. The cost for the Police Department expansion is $15 million and Public Works is $22 million, totaling $37 million. There are two options to pay for projects; increase the property tax or institute a local sales tax. Council has been working with state legislature to get permission to add a Local Option Sales Tax to the next ballot to finance the two projects. The tax would be 0.005 percent on all taxable purchases within Oakdale which would collect $1.9 million annually over 20 years. Oakdale has the right, if approved by legislature, to extend to 25 years if needed. If granted permission by legislature, it will be on the ballot in the next local general election. In response to Commissioner Severson question if neighboring communities have a local sales tax, Mayor Reinke responded that Edina is the closest of the 21 cities asking for legislature approval. None of our bordering cities have a tax. Council has discussed the possibility of the sales tax harming Oakdale’s competitiveness but feel it will be a non-issue. Chair Landis and Commissioner Orsello are in favor of the sales tax and believes the large retailers will help considerably. In response to Commissioner Voca’s question how the sales tax could be promoted with a positive spin, Mayor Reinke replied we will need to explain who will be paying for it. If not approved it will become a property tax and all residential and commercial taxpayers will have it added to their property tax. Currently there is support in both House and Senate for the bill and the hope is to move forward with the tax. Taxpayer money can be used to inform people of the ballot question but not to persuade to vote yes. Various groups will also help communicate the process. Nothing will be done until decision by legislature. Commissioner Halper reiterated the tax will be spread out to a larger group rather than adding to property taxes and asked how businesses will report the extra tax. Mayor Reinke stated that businesses will need to track taxes and report at end of year. In response to Commissioner Severson’s question asking if state collects tax and city is reimbursed or are taxes paid directly to the city, Mayor Reinke responded he believes the state collects tax. Economic Development Commission Minutes June 2, 2021 Page Three In response to Commissioner Livingston’s question if money goes into a dedicated fund or into the general fund, Mayor Reinke replied it goes into a dedicated fund with the goal to pay back bond as soon as possible. With the additional retail coming into Oakdale it is possible to repay bond sooner. Statute requires that payment ends at a maximum of 25 years or as soon as you raise enough to cover the debt amount. Commissioner Livingston commented that bond interest rates are low and it could be very advantageous. Mayor Reinke explained that Oakdale Police Department will be remodeled and have a garage built. Public Works will have a new building and garage facilities for vehicles and equipment. Ideally, the Public Works building should be built first and move police employees into old building until PD remodel is complete. The existing Public Works building is being tested bi-annually for air quality. In response to Commissioner Oechsner’s question asking why there will be a new Public Works building when last year the existing building was going to be repaired, Mayor Reinke replied at that time the 3M deal was not in place and it was less costly to repair/remodel existing building. It was later found that the existing site will not accommodate for the equipment storage needed. Mayor Reinke stated that the legislature requires a demonstration of regional significance for both projects. Information shared with both House and Senate: • Population: 2020 approximately 29,600 and 2040 is projected to have a 21% increase to 36,000. • Households: 2020 approximately 12,000 and 2040 is projected to have a 24% increase to 15,000. • Employment: 2020 approximately 11,600 and 2040 is projected to have a 4% increase to 12,100. In response to Commissioner Orsello’s question of which legislators are working on this issue, Mayor Reinke responded, Senators Wiger, Housley and Kent. In the House, Representatives Lillie and Strong. DEVELOPMENT UPDATES Ms. Graffunder-Bartels provided an update on the following: Willowbrooke • Continental Properties was approved to build 280 rental townhomes in a gated community in the southeast corner of the development. Construction will begin late summer, early fall. Development will include a clubhouse and pool for residents. • Lennar Home Builders will begin construction on 51 Villa homes and 63 Carriage homes. Helmo Station - Bethesda Cornerstone Community is working on a proposal for a multi-family apartment on the southwest corner of development. Final plans expected this summer. Economic Development Commission Minutes June 2, 2021 Page Four Greenway Station – Comprehensive Plan will be amended to include Greenway Station to allow plan to proceed. Hom Furniture – Demolition began in April with plans to start renovations in May. 4Front Technology + Office Campus Amendment to PUD - Slumberland would like to add light manufacturing and office showroom/warehouse as allowable uses for site. Approval expected in June. Plans for a 300 sq. ft. office building to be built later this year. City Water Treatment Facility is under construction on Helmo Avenue. In response to Commissioner Orsello’s question regarding type of renovations Hom Furniture is doing to the existing building, Ms. Graffunder-Bartels replied they are removing the sloped floors and gutting the building. In response to Commissioner Halper’s question asking if affordable housing is offered at the Helmo Station site, Ms. Graffunder-Bartels responded yes, there will be affordable housing offered as well as units set aside for adults with intellectual and developmental disabilities. MNDEED – Publication is online only. Ms. Graffunder-Bartels mentioned the June publication has interesting articles regarding employment and re-employment post COVID. COMMISSIONER UPDATES Commissioner Lewis commented on a statement from last month’s EDC meeting regarding the role of an EDC Commissioner. Mr. Lewis disagrees with the statement that it is a stepping stone to the City Council. Commissions are sometimes used as that but he believes the primary role is engaging with citizens in the community. Mr. Lewis believes it is their responsibility to gather and share information with the community and to inform council of issues and concerns. Councilmember Swedberg clarified that the comment was not meant to imply commissions are a stepping stone to City Council but rather ambassadors of the city. Ms. Swedberg appreciates the EDC educating people and supporting council. Commissioner Severson mentioned Washington County Parks are looking for a volunteer pruner. Commitment involves 10 hours of pruner over a two year period. Training provided. Information on Washington County website or contact Gary Severson. Chair Landis thanked everyone for their discussions and questions and appreciates the input and time. Announcement was made regarding the passing of Bill Rasmussen. He was active in the community for over 25 years and will be greatly missed. NEXT COMMISSION MEETING The next Economic Development Commission meeting is scheduled for August 4, 2021 at 5:15pm. Economic Development Commission Minutes June 2, 2021 Page Five ADJOURNMENT A MOTION WAS MADE BY COMMISSIONER LIVINGSTON AND SECONDED BY COMMISSIONER OECHSNER TO ADJOURN THE ECONOMIC DEVELOPMENT COMMISSION MEETING OF JUNE 2, 2021 AT 5:53 PM. Ayes 10 Abstain 0 Nays 0 Motion Carried Respectfully submitted, Teresa Buhl, Recording Secretary