City Council

REGULAR MEETING MINUTES OAKDALE CITY COUNCIL October 25, 2022 CALL TO ORDER A regular meeting of the City Council of the City of Oakdale was held on October 25, 2022, at Oakdale City Hall, 1584 Hadley Avenue, Oakdale, Minnesota. The meeting was called to order by Mayor Paul Reinke at 7:02 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 Staff Present: Christina Volkers, City Administrator Jim Thompson City Attorney, Kennedy & Graven Sara Ludwig, City Clerk Katie Robinson, Deputy City Clerk Andrew Gitzlaff, Community Development Director Luke McClanahan, City Planner Nick Newton, Police Chief Lori Pulkrabek, Communications Manager Jim Romanik, Public Works Manager Kyle Stasica, Accounting Manager Kevin Wold, Fire Chief Jason Zimmerman, Finance Director Others Present: ROERS Representatives Holly Koep, EDC Ex-Officio Resigning Member Jerry Perentau PLEDGE OF ALLEGIANCE APPROVAL OF THE AGENDA A MOTION WAS MADE BY COUNCIL MEMBER ZABEL, SECONDED BY COUNCIL MEMBER SWEDBERG, TO APPROVE THE AGENDA AS AMENDED FOR THE MEETING OF OCTOBER 11, 2022. 5 AYES APPROVAL OF MINUTES A MOTION WAS MADE BY COUNCIL MEMBER SWEDBERG, SECONDED BY COUNCIL MEMBER OLSON TO APPROVE THE WORKSHOP MEETING MINUTES OF OCTOBER 11, 2022. REGULAR MEETING MINUTES OCTOBER 25, 2022 PAGE TWO 4 AYES 1 ABSTENTION (ZABEL – due to being absent for that meeting) A MOTION WAS MADE BY COUNCIL MEMBER INGEBRIGTSON, SECONDED BY COUNCIL MEMBER OLSON TO APPROVE THE REGULAR MEETING MINUTES OF OCTOBER 11, 2022. 4 AYES 1 ABSTENTION (ZABEL – due to being absent for that meeting) PUBLIC HEARING Certification of Delinquent Utilities, Nuisance Charges, and Inactive Accounts to Washington County for Inclusion on 2023 Property Taxes Finance Director Jason Zimmerman addressed the Council and began by stating this hearing allows for public comments regarding the delinquent utilities, nuisance charges, and inactive accounts that are proposed for certification to Washington County for collection with the 2023 property taxes. The list from one-month prior had been reduced from 364 delinquent utility accounts to 200 delinquent utility accounts. The balances were reduced by approximately half as well. Additionally, the list may be reduced or will not expand pending any payments that occur between the certification date and when it is formally certified to Washington County. Mayor Reinke opened the public hearing at 7:09 pm. No one from the public came forward. Mayor Reinke closed the public hearing at 7:09 pm. A MOTION WAS MADE BY COUNCIL MEMBER OLSON, SECONDED BY COUNCIL MEMBER ZABEL TO WAIVE READING AND ADOPT RESOLUTION NO. 2022-111, CERTIFYING DELINQUENT UTILITIES, NUISANCE CHARGES, AND INACTIVE ACCOUNTS TO WASHINGTON COUNTY FOR INCLUSION ON 2023 PROPERTY TAXES. 5 AYES Roers at Willowbrooke/Willowbrooke Seventh Addition – PUD Amendment, Noise Variance, Preliminary & Final Plat, and Two Site Plans City Planner Luke McClanahan addressed the Council by stating the proposed addition is part of the next phase within Willowbrooke. The location of the proposed property is the southeast quadrant of I-694 and 40th St. N. The overall site is approximately 19.5 acres. The proposal was to develop a 190-unit apartment building along with 79 townhome rental units, both of which will be market rate rentals. Amenities for the site would include a clubhouse, a pool, and sidewalks. The requests include a PUD amendment for variance deviations from the Willowbrooke PUD, a noise variance, preliminary and final plat, and two site plans. The Comprehensive Plan guides the site for Mixed Use Residential. Deviations from the Willowbrooke PUD include lower density, approximately 18 dwelling units per acre whereas the PUD called for 35-55 dwelling units per acre. Another deviation is utilizing more Class 3 materials for the townhomes, reducing the landscaping for the overall site, and a deviation from the site lighting requirements for a small portion of the lot containing the apartment building that is along the interstate. Staff was comfortable with the deviations for the reasons that were detailed in the staff report. REGULAR MEETING MINUTES OCTOBER 25, 2022 PAGE THREE Mr. McClanahan shared more detail about the noise variance. The data that the applicant provided revealed that the noise levels from this property exceed the Minnesota Pollution Control Agency’s levels; however, there are no practical mitigation measures available in this situation. He moved on to explain that the two site plans are essentially the same with one difference. The first option for the site plan would include planting of trees and landscaping in the right of way of 694 through the MnDOT’s Highway Sponsorship Program, which is reviewed and approved by the Federal Highway Agency. The second site plan option would be a backup plan if the applicant does not receive approval through the Highway Sponsorship Program. The applicant would proceed with the development with a reduced number of trees, but the trees and the landscaping would be fully within their property boundaries. The Planning Commission reviewed this request at the October 6, 2022 meeting and recommended approval. Staff recommended approval of the request subject to the conditions and provisions that were listed in the ordinance and the resolutions. Mr. McClanahan summarized some conditions set forth in the plat resolution. Shane LaFave, Senior Vice President of Development for Roers addressed the Council by introducing the other Roers’ staff members in attendance. He said the team would be happy to answer any questions. Mayor Reinke asked Mr. LaFave to outline the development schedule. Mr. LaFave said the project would start within the next month or two pending Council and permit approval. Mayor Reinke asked if the project was about 13-14 month in duration. Mr. LaFave said it would be longer than that especially with the apartment buildings, but the townhomes would come in a phased approach. Mayor Reinke opened the public hearing at 7:18 pm. No one from the public came forward. Mayor Reinke closed the public hearing at 7:18 pm. Council Member Zabel brought up the landscaping plan in Option 2 and stated that City Staff spoke with the developer and they had no objections to increasing the number of proposed trees in Option 2. Staff had some proposed language if Council would like to accommodate this request. Council Member Zabel gave a brief summary of his proposed amendment. He stated Option 2 would only come into effect if the Federal Highway Administration declines Option 1. The proposal from the developer was to reduce the number of trees required in this landscaping area. Council Member Zabel’s request of the developer is to keep the total number of trees required but find somewhere else to plant them or provide a cash option to the City to handle the planting. In speaking with Andy Gitzlaff, Community Development Director, Outlot B would be a natural place for the additional trees. Mr. McClanahan read the draft language as an additional condition for Option 2, “The developer shall install the remaining 29 trees equivalent to the standards set forth in Section 25-175(h) of the City Ordinance, or provide an equivalent cash contribution for landscaping on Outlot B of Willowbrooke Seventh Addition.” Mr. LaFave confirmed the developer had no objections. REGULAR MEETING MINUTES OCTOBER 25, 2022 PAGE FOUR A MOTION WAS MADE BY COUNCIL MEMBER ZABEL, SECONDED BY COUNCIL MEMBER SWEDBERG TO WAIVE READING AND ADOPT ORDINANCE NO. 888, APPROVING AN AMENDMENT TO THE WILLOWBROOKE PLANNED UNIT DEVELOPMENT. 5 AYES A MOTION WAS MADE BY COUNCIL MEMBER SWEDBERG, SECONDED BY COUNCIL MEMBER OLSON TO WAIVE READING AND ADOPT RESOLUTION 2022-112, APPROVING A VARIANCE FOR HIGHWAY NOISE LEVELS AT WILLOWBROOKE SEVENTH ADDITION. 5 AYES A MOTION WAS MADE BY COUNCIL MEMBER OLSON, SECONDED BY COUNCIL MEMBER INGEBRIGTSON TO WAIVE READING AND ADOPT RESOLUTION 2022-113, APPROVING THE PRELIMINARY AND FINAL PLAT OF WILLOWBROOKE SEVENTH ADDITION SUBJECT TO CONDITIONS. 5 AYES A MOTION WAS MADE BY COUNCIL MEMBER OLSON, SECONDED BY COUNCIL MEMBER SWEDBERG TO WAIVE READING AND ADOPT RESOLUTION 2022-114, APPROVING THE SITE PLAN (OPTION 1) FOR ROERS AT WILLOWBROOKE WITH CONDITIONS INCLUDED IN THE ATTACHED RESOLUTION. 5 AYES A MOTION WAS MADE BY COUNCIL MEMBER ZABEL, SECONDED BY COUNCIL MEMBER OLSON TO WAIVE READING AND ADOPT RESOLUTION 2022-115, APPROVING THE SITE PLAN (OPTION 2) FOR ROERS AT WILLOWBROOKE WITH CONDITIONS INCLUDED IN THE RESOLUTION. 5 AYES PROCLAMATION None OPEN FORUM Jerry Perentau, 617 Century Ave N, addressed the Council and recognized Nate Timmons, Recreation Coordinator for the City of Oakdale, for the exceptional manner in which he runs the Farmer's Market. Mr. Perentau read a prepared letter signed by all of the vendors. Each member of Council along with the City Administrator and Recreation Superintendent were provided a copy. Mayor Reinke thanked Mr. Perentau for coming forward and speaking so highly of Nate Timmons. CONSENSUS MOTIONS a) Request that the City Council approve the amended Policy FR-011 – Purchasing. b) Request that the City Council authorize the Mayor and City Administrator to enter into the annual engagement letter with MMKR for auditing services for year-ending December 31, 2022. REGULAR MEETING MINUTES OCTOBER 25, 2022 PAGE FIVE c) Request that the City Council establish a special meeting for Tuesday, November 15, 2022 at 5:30 PM to canvass the votes for Council Members and Mayor from the November 8, 2022 General Election. d) Request that the City Council authorize the Mayor and City Administrator to enter into the Breath Testing Services Agreement between the City of Oakdale and Washington County. e) Request that the City Council award the contract to Calgon Carbon for the GAC Exchange at the Water Treatment Facility located at 1900 Hadley Avenue North in the amount of $314,450 and authorize the Mayor and City Administrator to sign the Purchase Order authorizing the agreement. f) Request per City Code, Chapter 2, Article IV, Sec.2-36 (c) and per City Personnel Policy PE- 031, Section 5.0, that the City Council appoint Christine Ross as part-time probationary Customer Service Specialist effective November 9, 2022 at a rate of pay consistent with the City base pay schedule, conditioned on passing reference check(s). g) Request that the City Council authorize the Mayor and City Administrator to enter into the Agreement between METCO and the City of Oakdale. h) Waive reading and adopt Resolution 2022-110, amending the City fee schedule to establish certain fees related to business licenses. i) Request that the City Council confirm authorization to staff for printing and mailing services for the L.O.S.T informational mailer from Nystrom Publishing Company, Inc. and authorize that the funding be made available from the Special Project Fund. j) Request to authorize the Mayor and City Administrator to enter into an agreement with Tyler Technologies for Utility Billing Software. k) Waive reading and adopt Ordinance No. 885, regulating sale of THC consumable products. Waive reading and adopt Resolution No. 2022-108, authorizing publication of Ordinance No. 885 by title and summary. l) Recommend that the City Council approve the revisions proposed in Policy MIS-013 Boards and Commissions Appointments and Reappointment Process. A MOTION WAS MADE BY COUNCIL MEMBER ZABEL, SECONDED BY COUNCIL MEMBER SWEDBERG TO APPROVE CONSENT AGENDA ITEMS A THROUGH L, AS PRESENTED. 5 AYES ADVISORY BOARDS AND COMMISSIONS Economic Development Commission (no meeting, Council Liaison Susan Olson) Economic Development Commission Resignation from Holly Koep. REGULAR MEETING MINUTES OCTOBER 25, 2022 PAGE SIX Request that the City Council accept the resignation of Holly Koep from the EDC effective October 25, 2022. Council Member Swedberg requested that the language be altered to state, "acknowledge" instead of "accept" as the Council does not accept or reject a resignation. This change would align with policy. A MOTION WAS MADE BY COUNCIL MEMBER SWEDBERG, SECONDED BY COUNCIL MEMBER ZABEL TO ACKNOWLEDGE THE RESIGNATION OF HOLLY KOEP FROM THE EDC EFFECTIVE OCTOBER 25, 2022. 5 AYES Student Representative Appointment to Economic Development Commission: Shetka A MOTION WAS MADE BY COUNCIL MEMBER ZABEL, SECONDED BY COUNCIL MEMBER OLSON TO APPROVE THE APPOINTMENT OF LUCCIA SHETKA TO SERVE ON THE ECONOMIC DEVELOPMENT COMMISSION, AS A NON-VOTING, EX-OFFICIO STUDENT REPRESENTATIVE MEMBER, TERM TO BEGIN OCTOBER 25, 2022 AND ENDING JUNE 30, 2024. 5 AYES Environmental Management Commission (met on 10/17/22, Council Liaison Kevin Zabel) No update as Council Member Zabel was unable to attend the last meeting. Planning Commission (no meeting, Council Liaison Colleen Swedberg) Parks and Recreation Commission (cancelled for 10/18/22, Council Liaison Jake Ingebrigtson) Tree Board (no meeting, Council Liaison Mayor Reinke) AWARD OF BID None STAFF REPORTS None CITY ATTORNEY No report ADMINISTRATOR'S REPORT Local Option Sales Tax (L.O.S.T.) Information Presentation City Administrator Chris Volkers presented, for the benefit of the public, information on the Local Option Sales Tax (L.O.S.T.) which is on the ballot for the City of Oakdale for the 2022 election. The presentation was meant to provide information on the proposed facility projects and answer any frequently asked questions. REGULAR MEETING MINUTES OCTOBER 25, 2022 PAGE SEVEN If the voters support the sales tax, it would be enacted on April 1, 2023. Oakdale's proposed sales tax would be one-half of one percent or $0.50 for every $100 spent. Residents and non-residents would share the cost for the sales tax for up to 25 years. The tax rate would go from 7.375% currently to 7.875% in Oakdale on Oakdale purchases. Ms. Volkers summarized information on the voting ballot at the November 8th election, that Oakdale residents would see two questions on the ballot, one for the Public Works new facility and one for the Police Department remodel and expansion. It is very important to note that the total sales tax will not exceed one-half of one percent, whether one or both projects are approved. It will not be one percent if both projects are approved. It is one-half of one percent total. If the public would like additional information, it can be found on the City’s website or social media accounts. The council members are always willing and available to answer any questions or concerns that the public may have. COUNCIL PRESENTATIONS Mayor Reinke extended an invitation to the public to Walk with the Mayor on Saturday, October 29, 2022 at 9 AM at the Oakdale Police Department. The purpose of this event is to walk, talk, and tour the facility while hearing firsthand from Chief Newton about the difficulties that have been experienced for many years, and to see the opportunity presented to make a change for the better. No prior registration is required. CLAIMS (Recommendation: Approve Claims for the period October 12, 2022 to October 25, 2022 in the amount of $2,082,803.92) Council Member Zabel asked Staff to provide an explanation on what the amended change was for the claims which caused an amended agenda. Ms. Volkers explained that during the audit process, only part of the claims were included. There were claims sitting in the draft that were not picked up but they needed to be paid on time. The summary with highlighted changes will be sent to Council for review. Mr. Zimmerman explained that through the payroll process there are direct deposits and checks written for vendors, and then there are electronic payments that are made for taxes, pensions, etc. During processing the draft payments or electronic payments made, some were not captured as part of the claim summary. A MOTION WAS MADE BY COUNCIL MEMBER ZABEL, SECONDED BY COUNCIL MEMBER SWEDBERG TO APPROVE CLAIMS FOR THE PERIOD OCTOBER 12, 2022 TO OCTOBER 25, 2022 IN THE AMOUNT OF $2,082,803.92. 5 AYES ADJOURNMENT A MOTION WAS MADE BY COUNCIL MEMBER SWEDBERG, SECONDED BY COUNCIL MEMBER OLSON TO ADJOURN THE MEETING AT 7:48PM. 5 AYES REGULAR MEETING MINUTES OCTOBER 25, 2022 PAGE EIGHT Respectfully Submitted, Sara Ludwig City Clerk