City Council

REGULAR MEETING MINUTES OAKDALE CITY COUNCIL November 28, 2023 CALL TO ORDER A regular meeting of the City Council of the City of Oakdale was held on November 28, 2023, at Oakdale City Hall, 1584 Hadley Avenue, Oakdale, Minnesota. The meeting was called to order by Mayor Kevin Zabel at 6:59 PM. CALL OF ROLL On a call of roll, the following were present: Mayor Kevin Zabel Council Members: Noah Her Jake Ingebrigtson Andy Morcomb Susan Willenbring Staff Present: Christina Volkers, City Administrator Sara Ludwig, City Clerk Jim Thomson, City Attorney Jesse Farrell, City Engineer Andy Gitzlaff, Community Development Director Nick Newton, Police Chief Lori Pulkrabek, Communications Manager Jim Romanik, Public Works Manager Kyle Stasica, Accounting Manager Julie Williams, Recreation Superintendent Kevin Zittel, Facilities Manager Others Present: Ibrahim Aqel, Oakdale Business Owner, Super Smokedale Melissa Brandt, Oakdale Resident Kristen Denzer, Chief Executive Officer, Maryls Center for Early Education Mikaela Huot, Director, Baker-Tilly Marty Shelton, Vice President, Pace Analytical Life Sciences, LLC PLEDGE OF ALLEGIANCE APPROVAL OF THE AGENDA Mayor Zabel noted that the agenda had been slightly amended and was on the dais before the Council. A MOTION WAS MADE BY COUNCIL MEMBER INGEBRIGTSON, SECONDED BY COUNCIL MEMBER WILLENBRING, TO APPROVE THE AGENDA AS AMENDED FOR THE MEETING OF NOVEMBER 28, 2023. 5 AYES APPROVAL OF MINUTES: Workshop, November 14, 2023 Regular Meeting, November 14, 2023 1 A MOTION WAS MADE BY COUNCIL MEMBER INGEBRIGTSON, SECONDED BY COUNCIL MEMBER WILLENBRING TO APPROVE THE WORKSHOP MEETING MINUTES OF NOVEMBER 14, 2023. 5 AYES A MOTION WAS MADE BY COUNCIL MEMBER MORCOMB, SECONDED BY COUNCIL MEMBER INGEBRIGTSON TO APPROVE THE REGULAR MEETING MINUTES OF NOVEMBER 14, 2023. 5 AYES PUBLIC HEARING a) Approving a Resolution of Support for an Application to the Minnesota Investment Fund Program Community Development Director Andy Gitzlaff explained that this request is for a resolution of support for a Minnesota Investment Fund (MIF) Program application. The program is run through the State of Minnesota Department of Employment and Economic Development (DEED). The purpose of this request for MIF funds is to assist Pace Analytical Life Sciences, LLC (Pace) in expanding their Oakdale facility. Mr. Gitzlaff said a financial analysis was completed by Baker-Tilly, and no adverse findings or concerns were identified. Council Member Morcomb thanked Pace for expanding in Oakdale. Mayor Zabel opened the public hearing and welcomed comments from the audience. No comments were heard. Mayor Zabel closed the public hearing. A MOTION WAS MADE BY COUNCIL MEMBER INGEBRIGTSON, SECONDED BY COUNCIL MEMBER HER TO WAIVE READING AND ADOPT RESOLUTION 2023-118, SUPPORTING A MINNESOTA INVESTMENT FUND APPLICATION IN CONNECTION WITH PACE ANALYTICAL LIFE SCIENCES, LLC. 5 AYES A MOTION WAS MADE BY COUNCIL MEMBER INGEBRIGTSON, SECONDED BY COUNCIL MEMBER WILLENBRING TO AUTHORIZE THE MAYOR AND CITY ADMINISTRATOR TO EXECUTE THE GRANT CONTRACT AND AMENDMENTS NECESSARY TO IMPLEMENT THE PROJECT ON BEHALF OF THE CITY OF OAKDALE. 5 AYES b) Approval of New Massage Therapist and Premise Licenses City Administrator Chris Volkers explained that a public hearing is required for the issuance of this new massage therapist and premise license to Tamara Baker at Golden Coast Massage, LLC. Ms. Volkers noted that staff is recommending approval. Mayor Zabel opened the public hearing and welcomed comments from the audience. No comments were heard. Mayor Zabel closed the public hearing. 2 A MOTION WAS MADE BY COUNCIL MEMBER HER, SECONDED BY COUNCIL MEMBER INGEBRIGTSON TO APPROVE A NEW MASSAGE THERAPIST AND PREMISE LICENSE TO TAMARA BAKER AT GOLDEN COAST MASSAGE, LLC, LOCATED AT 1397 GENEVA AVENUE NORTH. 5 AYES OPEN FORUM Mayor Zabel invited comments from the audience. Melissa Brandt, 392 Grafton Ave N, noted safety concerns related to the Tanners Lake Park parking lot, located off of Tanners Park Rd, which is near her backyard. She requested the addition of a street light in the parking lot, and also would like to know what activity and behavior is allowed in the parking lot per City Code. CONSENSUS MOTIONS a) Request that the City Council approve the THC license for Lee’s Liquors, located at 6988 33rd Street North for the term of November 29, 2023 – June 30, 2024. b) 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 Kyle Stasica as full-time probationary Finance Director effective November 29, 2023, at a rate of pay consistent with the City base pay schedule. c) Request that the City Council approve the massage premise and therapist license renewal for Hannah Bannerman-Thompson at Lifeline Healing Massage Inc. d) Request that the City Council approve the reappointment of the below noted individual to the IPMC Board of Appeals. Larry Quigley Term to Expire: December 31, 2026 e) Request that City Council authorize the City Administrator to execute the MCPP Application Commitment Agreement. f) Request that the City Council authorize the Mayor and City Administrator to enter into an agreement with OPG-3 to provide building inspection data transfer and record keeping services. A MOTION WAS MADE BY COUNCIL MEMBER INGEBRIGTSON, SECONDED BY COUNCIL MEMBER MORCOMB TO APPROVE CONSENSUS MOTIONS A-F, AS PRESENTED. 5 AYES ADVISORY BOARDS AND COMMISSIONS Economic Development Commission (no meeting, Council Liaison Her) Environmental Management Commission (met on 11/20/23, Council Liaison Zabel) 3  Mayor Zabel reported that the Environmental Management Commission worked on their 2024 work plan, and heard a presentation from the Washington Conservation District about ongoing projects within the City and County, and grant opportunities for residents. Planning Commission (no meeting, Council Liaison Ingebrigtson) Parks and Recreation Commission (11/21/23 meeting cancelled, Council Liaison Morcomb) Tree Board (no meeting, Council Liaison Willenbring) AWARD OF BID None STAFF REPORTS COMMUNITY DEVELOPMENT a) Shoreland Overlay Zoning District Ordinance City Planner Luke McClanahan explained that this is the final draft of the Shoreland Overlay Zoning District ordinance that staff have been working on in conjunction with the Minnesota Department of Revenue (DNR). The ordinance ensures that the City is in compliance with State laws, protects the shoreland, and enables development to occur in a reasonable manner when shoreland is present. Mr. McClanahan reported that on October 23, 2023, the DNR issued conditional approval of the City’s draft shoreland ordinance with only minor updates to the text, which have been incorporated in the attached ordinance. Subsequently, the Planning Commission held a public hearing on November 2, 2023 for the proposed amendment, and recommended approval. Mr. McClanahan indicated that if Council approves the ordinance, it will be resubmitted to the DNR for final approval. A MOTION WAS MADE BY COUNCIL MEMBER INGEBRIGTSON, SECONDED BY COUNCIL MEMBER HER TO WAIVE READING AND ADOPT ORDINANCE NO. 912, AMENDING THE CITY OF OAKDALE CODE OF ORDINANCES, CHAPTER 25, TO INCLUDE ARTICLE 26 – SHORELAND OVERLAY ZONING DISTRICT. 5 AYES A MOTION WAS MADE BY COUNCIL MEMBER INGEBRIGTSON, SECONDED BY COUNCIL MEMBER WILLENBRING TO WAIVE READING AND ADOPT RESOLUTION 2023-117, AUTHORIZING PUBLICATION OF ORDINANCE NO. 912 BY TITLE AND SUMMARY. 5 AYES b) Marlys Center for Early Education – PUD Amendment and Site Plan Mr. McClanahan explained that this request is for the construction of an early education and care center for approximately 162 children and 23 full time workers, located at 1470 Helmo Ave N. He reviewed the Site Plan and exterior elevations noting the need for several Planned Unit Development (PUD) amendments. Requested deviations from the approved PUD’s parking standards, building materials requirements, and fencing material standards have been requested by the applicant. Mr. McClanahan noted that staff is amenable to the proposed changes and is recommending approval, subject to the conditions included in the attached resolution. 4  Council Member Morcomb asked if the Eagle Point Elementary before-and-after-school drop off and pick up traffic was considered as part of the traffic study. Mr. McClanahan clarified that the parking study did not account for the interplay of traffic from the surrounding schools. Kristen Denzer, Chief Executive Officer for Marlys Center for Early Education, further explained the results of the parking study. In response to Council Member Morcomb’s question about the typical drop off and pick up process for Marlys, Ms. Denzer said that parents park during the drop off and pick up process, but are only on-site for an average of two minutes during that time. The busiest time for drop off is between 7:30-8:00 AM and the busiest time for pick up is between 4:00-4:45 PM. At the request of Mayor Zabel, the distinction between a project-specific parking study and a neighborhood-wide or regional traffic study was explained. A MOTION WAS MADE BY COUNCIL MEMBER INGEBRIGTSON, SECONDED BY COUNCIL MEMBER WILLENBRING TO WAIVE READING AND ADOPT ORDINANCE NO. 913, APPROVING AN AMENDMENT TO THE NORTHSTAR MINI STORAGE PLANNED UNIT DEVELOPMENT. 5 AYES A MOTION WAS MADE BY COUNCIL MEMBER INGEBRIGTSON, SECONDED BY COUNCIL MEMBER MORCOMB TO WAIVE READING AND ADOPT RESOLUTION 2023-113, APPROVING THE SITE PLAN FOR MARLYS EARLY EDUCATION CENTER, WITH CONDITIONS INCLUDED IN THE ATTACHED RESOLUTION. 5 AYES c) Approving a Resolution of Support for an Application to the Job Creation Fund Program Mr. Gitzlaff explained that the Job Creation Fund (JCF) Program is a grant program managed by DEED which aims to provide financing to businesses looking to expand and create new jobs. The purpose of this request for JCF funds is to assist Pace in expanding their Oakdale facility. He noted that the City’s involvement in this JCF loan is much less involved than the MIF loan. Mr. Gitzlaff summarized the City’s findings of fact regarding the project’s economic impact and public purpose, which are compiled in the attached resolution. A MOTION WAS MADE BY COUNCIL MEMBER HER, SECONDED BY COUNCIL MEMBER INGEBRIGTSON TO WAIVE READING AND ADOPT RESOLUTION 2023-119, SUPPORTING A JOB CREATION FUND APPLICATION IN CONNECTION WITH PACE ANALYTICAL LIFE SCIENCES, LLC. 5 AYES POLICE a) Tobacco Sales License Request Police Chief Nick Newton explained that A&M Trading LLC dba Super Smokedale, located at 7141 10th St N, has applied for a Tobacco Sales License. He provided relevant history including the denial of a Tobacco Sales License by City Council resolution, to then-owner Hatem Younis, and his business partner and current owner, Ibrahim Aqel in 2018. Chief Newton stated that Ibrahim Aqel again applied for a Tobacco Sales License for Super Smokedale in July 2023, noting that his 5  previous business partner Mr. Younis was no longer affiliated with the ownership or operation of the business. As part of the application process, the Oakdale Police Department conducted a background investigation on the business and its owners, which revealed no criminal convictions. Chief Newton indicated that the Police Department contacted other cities where Ibrahim Aqel owns or operates businesses, and summarized the findings from those cities. The City of Prior Lake reported five incidents involving Ibrahim Aqel’s business, Prior Lake Smoke Shop and Vape, during December 2021 – January 2023. Chief Newton concluded that the Police Department is not making a recommendation, but is asking the City Council to consider all of the information provided and decide on issuance of a Tobacco Sales License to Super Smokedale. In response to Mayor Zabel’s question about making a motion to take this item from the table due to the November 14, 2023 City Council meeting action regarding this item, City Attorney Jim Thomson stated that because a specific meeting date was identified in the prior motion – for today November 28, 2023, the item does not need to be taken from the table. A MOTION WAS MADE BY MAYOR ZABEL, SECONDED BY COUNCIL MEMBER INGEBRIGTSON DENYING THE ISSUANCE OF A TOBACCO SALES LICENSE FOR THE CURRENT TERM TO EXPIRE ON DECEMBER 31, 2023, TO A&M TRADING LLC DBA SUPER SMOKEDALE AT 7141 10TH STREET NORTH, AND DIRECT STAFF TO PREPARE FINDINGS OF FACT FOR COUNCIL CONSIDERATION ON DECEMBER 12, 2023. Attorney Thomson clarified that the motion was to deny the Tobacco Sales License request given the information contained in the police report, including the information Chief Newton summarized which includes the Prior Lake incidents. Mayor Zabel confirmed. 5 AYES CITY ATTORNEY No report ADMINISTRATOR'S REPORT No report COUNCIL PRESENTATIONS Council Member Morcomb encouraged residents to visit the City’s website for up-to-date development information. Mayor Zabel made announcements about the following: • A ceremonial ribbon cutting took place on Monday, November 27th for the Helmo-Bielenberg Bridge connecting Oakdale and Woodbury over I-94. The bridge is part of the Gold Line BRT project. • Fall photo submissions are being accepted until November 30th for the Oakdale Fall Photo Contest. More information can be found at www.oakdalemn.gov. • The Oakdale Indoor Market is taking place on Saturday, December 9th from 9 AM – 1 PM at the Discovery Center. • Congratulations to Carol Mathey’s Center for Children and Families on receiving a $50,000 Good Neighbor Grant from Ascendium. • The City’s annual Truth-in-Taxation meeting will be held on Tuesday, December 12th at 7 PM in the Council Chambers at Oakdale City Hall. The public is invited to attend in-person or watch online via the City’s YouTube channel. • On behalf of the City Council, congratulations to Kyle Stasica on his promotion from Accounting Manager to Finance Director! 6 CLAIMS A MOTION WAS MADE BY COUNCIL MEMBER INGEBRIGTSON, SECONDED BY COUNCIL MEMBER MORCOMB TO APPROVE CLAIMS FOR THE PERIOD NOVEMBER 15, 2023 TO NOVEMBER 28, 2023 IN THE AMOUNT OF $1,150,209.33. 5 AYES ADJOURNMENT A MOTION WAS MADE BY COUNCIL MEMBER INGEBRIGTSON, SECONDED BY COUNCIL MEMBER WILLENBRING TO ADJOURN THE MEETING AT 7:42 PM. 5 AYES Respectfully submitted, Sara Ludwig, City Clerk 7