City Council

REGULAR MEETING MINUTES OAKDALE CITY COUNCIL April 23, 2024 CALL TO ORDER A regular meeting of the City Council of the City of Oakdale was held on April 23, 2024 at Oakdale City Hall, 1584 Hadley Avenue North, Oakdale, Minnesota. The meeting was called to order by Mayor Kevin Zabel at 7:01 PM. ROLL CALL 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 Brian Bachmeier, Consulting City Engineer Hannah Dunn, Community Development Specialist Andy Gitzlaff, Community Development Director Nick Newton, Police Chief Lori Pulkrabek, Communications Manager Kyle Stasica, Finance Director Kevin Wold, Fire Chief/Acting Public Works Director Others Present: Luke Fischer, Executive Director, League of Minnesota Cities (LMC) Toua Lor, Owner of Oak Liquor Jay Stroebel, City Manager, City of Brooklyn Park PLEDGE OF ALLEGIANCE APPROVAL OF THE AGENDA Mayor Zabel stated that the agenda was slightly amended. A MOTION WAS MADE BY COUNCIL MEMBER INGEBRIGTSON, SECONDED BY COUNCIL MEMBER MORCOMB, TO APPROVE THE AGENDA AS AMENDED FOR THE MEETING OF APRIL 23, 2024. 5 AYES APPROVAL OF THE MINUTES: Workshop, April 9, 2024 Regular Meeting, April 9, 2024 A MOTION WAS MADE BY COUNCIL MEMBER INGEBRIGTSON, SECONDED BY COUNCIL MEMBER WILLENBRING TO APPROVE THE WORKSHOP MEETING MINUTES OF APRIL 9, 2024. 1 5 AYES A MOTION WAS MADE BY COUNCIL MEMBER INGEBRIGTSON, SECONDED BY COUNCIL MEMBER HER TO APPROVE THE REGULAR MEETING MINUTES OF APRIL 9, 2024. 5 AYES PUBLIC HEARING None OPEN FORUM a) Proclamation: Pete Graske Arbor Day Mayor Zabel proclaimed the date of April 27, 2024 as “Peter Graske Arbor Day”. b) Proclamation: Skin Cancer and Melanoma Awareness Month Mayor Zabel proclaimed the month of May, 2024 as “Skin Cancer and Melanoma Awareness Month”. c) League of Minnesota Cities Update LMC Executive Director Luke Fischer thanked City Administrator Christina Volkers for her three years’ service on the LMC board. Brooklyn Park City Manager and LMC Board Member, Jay Stroe- bel listed Ms. Volkers’ contributions. Mr. Fischer also gave a brief presentation on the LMC. Mayor Zabel invited comments from the audience. No other comments were heard. CONSENSUS MOTIONS a) Request that the City Council approve issuance of a Garden Center License for Cub Foods to operate a temporary Garden Center located at 7191 10th Street North, subject to the following conditions, which the applicant has agreed to: 1. Adherence to the site plan and layout as submitted to the City. 2. License to be valid from April 24, 2024, to July 31, 2024. 3. Hours of operation to be limited to 8:00 AM to 8:00 PM daily. 4. All materials for the use must be removed promptly from the site following the selling season and no later than August 15, 2024. b) Request that the City Council waive reading and adopt Resolution 2024-38, accepting the Firearms Storage Grant Funds in the amount of $1,506 from the Minnesota Office of Justice Programs, and authorize the Mayor and City Administrator to execute the Minnesota Firearms Storage Grant agreement. c) Settlement and Release Agreement between City of Oakdale and Michelle Stark 2 d) Request that the City Council approve the issuance of a temporary on-sale liquor license to Nuevas Fronteras Spanish Immersion Parent Teacher Student Organization for their educational fundraiser scheduled for May 4, 2024 located at the Guardian Angels event center at 8260 4th Street North. A MOTION WAS MADE BY COUNCIL MEMBER INGEBRIGTSON, SECONDED BY COUNCIL MEMBER HER TO APPROVE CONSENSUS MOTIONS A-D, AS PRESENTED. 5 AYES ADVISORY BOARDS AND COMMISSIONS Economic Development Commission (no meeting, Council Liaison Her) Environmental Management Commission (no meeting, Council Liaison Zabel) Planning Commission (no meeting, Council Liaison Ingebrigtson) Parks and Recreation Commission (met on 4/16/24, Council Liaison Morcomb) Council Member Morcomb reported that the Parks and Recreation Commission had a presentation on the Park System Plan Update survey and approved their 2024 Work Plan. Tree Board (no meeting, Council Liaison Willenbring) AWARD OF BIDS a) Awarding the Bid for City Project R2024-01 (2024 Street Reconstruction), City Project P2023-03 (Oakdale Park Trail Improvements), City Project B2024-02 (North Fire Station Parking Lot Improve- ments), Authorizing Construction Related Engineering Services, and Amending the 2024 Budget Consulting City Engineer Brian Bachmeier explained that pursuant to Council authorization, bids were collected for the above noted projects. Four contractors submitted bids for the work, with Dresel Contracting, Inc. submitting the lowest bid of $3,210,435.36. The Engineer’s estimate for the construction work was $3,596,120.50. Mr. Bachmeier requested that the City Council authorize the Mayor and City Administrator to enter into a contract with Dresel Contracting, Inc. for the improvements according to the plans and specifications therefore approved by the City Council. He also requested that the City Council authorize the Mayor and City Administrator to sign an engineering service contract with S.E.H. for construction related engineering services in an amount not to exceed $298,500. A MOTION WAS MADE BY COUNCIL MEMBER HER, SECONDED BY COUNCIL MEMBER INGEBRIGTSON TO WAIVE READING AND ADOPT RESOLUTION 2024-39, AWARDING THE BID FOR CITY PROJECT R2024-01 (2024 STREET RECONSTRUCTION), CITY PROJECT P2023-03 (OAKDALE PARK TRAIL IMPROVEMENTS), AND CITY PROJECT B2024-02 (NORTH FIRE STATION PARKING LOT IMPROVEMENTS) TO DRESEL CONTRACTING, INC. IN THE AMOUNT OF $3,210,435.36, AND AMENDING THE 2024 BUDGET. In response to Mayor Zabel’s question about how amending the 2024 budget affects the preceding workshop discussion with intent to spend less than the budgeted amount from the Parks Capital Improvement Plan on City Project P2023-03, Ms. Volkers and City Attorney Jim 3  Thomson explained that it will not have a negative effect as Council has given their direction which staff will follow. 5 AYES A MOTION WAS MADE BY COUNCIL MEMBER INGEBRIGTSON, SECONDED BY COUNCIL MEMBER MORCOMB TO AUTHORIZE THE MAYOR AND CITY ADMINISTRATOR TO ENTER INTO A CONTRACT WITH DRESEL CONTRACTING, INC. FOR THE IMPROVEMENTS ACCORDING TO THE PLANS AND SPECIFICATIONS THEREFORE APPROVED BY THE CITY COUNCIL. 5 AYES A MOTION WAS MADE BY COUNCIL MEMBER INGEBRIGTSON, SECONDED BY COUNCIL MEMBER WILLENBRING TO AUTHORIZE THE MAYOR AND CITY ADMINISTRATOR TO SIGN AN ENGINEERING SERVICE CONTRACT WITH S.E.H. FOR CONSTRUCTION RELATED ENGINEERING SERVICES IN AN AMOUNT NOT TO EXCEED $298,500. 5 AYES STAFF REPORTS COMMUNITY DEVELOPMENT a) Conditional Use Permit – Accessory Apartment at 2872 Hallmark Avenue N Community Development Director Andy Gitzlaff presented on the Conditional Use Permit (CUP) request from owner Heidi Hoffmann to build an accessory apartment at 2872 Hallmark Avenue North. Staff determined that the CUP meets the review criteria of the Zoning Ordinance, and recommended approval with conditions listed in the resolution. Mr. Gitzlaff read the conditions listed in Resolution 2024-29. A MOTION WAS MADE BY COUNCIL MEMBER INGEBRIGTSON, SECONDED BY COUNCIL MEMBER HER TO WAIVE READING AND ADOPT RESOLUTION 2024-29, APPROVING A CONDITIONAL USE PERMIT FOR AN ACCESSORY APARTMENT AT 2872 HALLMARK AVENUE NORTH, WITH CONDITIONS INCLUDED IN THE ATTACHED RESOLUTION. 5 AYES b) Interfund Transfer and 2024 Budget Amendment for Home Energy Squad Rebates and Approval of Agreement with Center for Energy and Environment Community Development Specialist Hannah Dunn presented on the Home Energy Squad program and the Center for Energy and Environment Agreement. In response to Council Member Morcomb’s question about when this program will be available to residents, Ms. Dunn replied immediately upon the signing of an agreement. In response to Council Member Her’s question about any spending restrictions related to the Pandemic Business Recovery Funds, Mayor Zabel confirmed there are no restrictions. 4  Mayor Zabel amended the motion to read “from the Pandemic Business Recovery Fund” to “from the Special Projects Fund” as the Council has not had time to discuss how the Pandemic Business Recovery Funds will be used. A MOTION WAS MADE BY MAYOR ZABEL, SECONDED BY COUNCIL MEMBER INGEBRIGTSON TO WAIVE READING AND ADOPT RESOLUTION 2024-40, APPROVING THE INTERFUND TRANSFER FROM THE SPECIAL PROJECTS FUND TO THE GENERAL FUND, AND AMENDING THE COMMUNITY DEVELOPMENT DEPARTMENT’S 2024 BUDGET IN THE AMOUNT OF $6,500, FOR HOME ENERGY SQUAD REBATES AND MARKETING. 5 AYES A MOTION WAS MADE BY COUNCIL MEMBER INGEBRIGTSON, SECONDED BY COUNCIL MEMBER HER TO AUTHORIZE THE MAYOR AND CITY ADMINISTRATOR TO ENTER INTO AN AGREEMENT WITH CENTER FOR ENERGY AND ENVIRONMENT FOR THE ADMINISTRATION OF HOME ENERGY SQUAD REBATES. 5 AYES POLICE a) Application to Renew Off-Sale Intoxicating Liquor License for Oak Liquor at 1801 Geneva Avenue N Mayor Zabel recused himself due to being a witness to an infraction in this matter and asked Acting Mayor Ingebrigtson to preside over this issue. Attorney Thomson provided background information stating that the City of Oakdale liquor licenses are effective April 1 through March 31 annually. The applicant submitted their liquor application late, therefore, it did not come before the Council for approval until the April 9th meeting. At that meeting, Police Chief Nick Newton presented staff’s findings, and the applicant spoke explaining the sequence of events that led to the late submission, as well as their decision to ignore the order to cease the sale of liquor until the license was renewed. The Council denied the request for renewal, but voted to bring back findings in resolution format to the April 23rd meeting for formal action. Attorney Thomson continued to explain that according to City Code, the applicant is entitled to a hearing, and the applicant requested one for this evening. Two resolutions are included in the packet – one to approve the application and one to deny the application. Council Member Her asked a question about the possibility of an approval with a suspension, to which Attorney Thomson explained a license cannot be suspended if it does not exist; however, the Council could impose a time period in which the applicant could reapply if approved. Council Member Her asked if the Council could deny with an opportunity to reapply after a certain number of days. Attorney Thomson confirmed that as a possibility. Chief Newton provided a summary of the sequence of events and staff findings that led to the Police Department’s recommendation of denial at the previous April 9th council meeting. Addition- ally, he stated that when reviewing this situation, he does not take lightly the gravity of the decision the Council has to make, but in light of the willful acts by the owner to ignore the warnings he has no other choice than to recommend denial of the renewal. In response to Council Member Willenbring’s question about another infraction that possibly occurred this past weekend, Chief Newton clarified it was the weekend of April 6th and 7th. 5 Council Member Her asked if they had opened the store and sold any alcohol since the last Council meeting, Chief Newton said not to his knowledge. Council Member Ingebrigtson asked about the number of communications given to the owner to cease sales, and Chief Newton reiterated his previous comments. In response to Council Member Her’s question about if the applicant has paid their fines, Chief Newton said the invoice was sent but not yet paid. Ms. Volkers confirmed the invoice went out not long ago. Oak Liquor owner and applicant Toua Lor passed out documents, including an asset purchase agreement for the sale of the business and letter of intent to purchase the business from earlier in 2024. Council Member Ingebrigtson questioned if the owner was to sell the business, would the new owner have to submit an application for a license, which was later discussed and answered. Mr. Lor stated the renewal fee was sent in on March 27th, and he did not receive the letter to cease sales from Licensing Clerk Katie Robinson until April 2nd. As background, he explained that on January 30, 2024 they received an intent to purchase letter from a buyer, with a contingency to remove Mr. Lor’s liquor license prior to the closing date of April 1st. On February 5th, they drafted a purchase agreement, signed by both parties on February 7th. This agreement states the new owners were to apply for a liquor license within seven days of the signing. That is why Mr. Lor did not apply for his license renewal; however, after the renewal deadline had passed, he was informed that the buyer backed out of the sale. Mr. Lor then applied for his renewal on February 29th. As for the compliance issues in April, Mr. Lor said he did not know what to do because not only did he have small business loans, but also his lease to pay. As for prior violations, he explained those happened when other family members were running the business in his absence. Mr. Lor said if the Council was to grant his renewal, he plans to be in compliance going forward. Council Member Morcomb asked if the applicant were to sell the business again, would a denial today jeopardize the ability of the new owner to get a license. Ms. Volkers confirmed it would not have a negative effect on the new owner. Council Member Ingebrigtson added that it would be up to the Council to approve that future application. Council Member Morcomb also asked what date the buyers backed out. Mr. Lor stated that after the agreement was signed on February 7th they could not get in touch with the buyers, and subsequently found they backed out at the end of February. The liquor license application was never sent in by the buyers as agreed upon. Council Member Her stated although the documents explain the situation, they do not address why the applicant continued selling liquor without a license. Council Member Her asked if the bank required the store to stay open. Mr. Lor stated it did not; however, the lease agreement states rent is due whether or not the business is operating. Council Member Her noted that the lease must also state that the business has proper licensing as well, which Mr. Lor affirmed. The owner stated that this is the first time they have ever been late applying for a renewal. Ms. Volkers stated the application came in late and took time to process. With so many other late applications to process, it was not ready to be voted on in March which is why it was brought to the April 9th meeting. Council Member Willenbring asked about the license renewal application cutoff date and Mr. Lor stated his letter indicated the due date was February 16th. 6  Council Member Ingebrigtson stated he was in favor of denial, but with the option to reapply after an agreed upon timeframe. Attorney Thomson asked for clarification as to the date the applicant was informed the buyer backed out. The applicant stated it was on March 1st. Council Member Her agreed with Council Member Ingebrigtson on being in favor of denial with the option to reapply after an agreed upon timeframe. Ms. Volkers said she has no opinion on this matter, and that it is up to the Council’s discretion, but she asked that the Council consider what is before them and the reason for the denial. Council Member Morcomb pointed out the importance of this issue especially selling liquor only as allowed by law. Due to the many infractions noted by staff, he was in favor of straight denial with no reapplication time period. Council Member Willenbring was in agreeance. As the Council was possibly considering denial with a reapplication time period, Ms. Volkers read two applicable conditions from Resolution 2024-41 that may need to be amended in that case: 3. These violations demonstrate that renewal of Licensee’s off-sale intoxicating liquor license is not in the public interest and that continued operation by Licensee poses a risk to the public. 4. It is not in the best interests of the residents of the City of Oakdale for the City Council to renew Licensee’s off-sale intoxicating liquor license Council Member Her then stated that actions taken did put the public at risk, and agreed with straight denial. Council Member Ingebrigtson agreed. A MOTION WAS MADE BY COUNCIL MEMBER MORCOMB, SECONDED BY COUNCIL MEMBER WILLENBRING TO ADOPT RESOLUTION 2024-41, DENYING A RENEWAL APPLICATION OF AN OFF-SALE INTOXICATING LIQUOR LICENSE TO OAK LIQUOR AT 1801 GENEVA AVENUE NORTH IN OAKDALE. 4 AYES 0 NAYS 1 ABSTENTION - ZABEL CITY ATTORNEY None ADMINISTRATOR'S REPORT None COUNCIL PRESENTATIONS Council Member Her shared that April is Hmong Heritage Month in Minnesota. Mayor Zabel made announcements about the following: • The City’s annual Park Clean Up Week began yesterday and runs through Sunday, April 28th. Garbage bags are provided. Call 651-747-3860 to reserve a park to clean up. • This Saturday is the annual Pete Graske Arbor Day Tree Giveaway at Walton Park. 200 trees were claimed and will be picked up and planted by Oakdale residents. • Also this Saturday, a free paper shredding event will be held from 9 AM to 12 PM in the northeast corner of the City Hall parking lot. Thanks to Eberhard Group Real Estate for sponsoring this popular event. 7  • The Maplewood Oakdale Lions Club will host the annual Citywide Garage Sale from Thursday, May 2nd through Saturday, May 4th. Visit the Maplewood Oakdale Lions Club Facebook page for more information and to register. • An official MeetUp Spot to host online sales and exchanges was recently added in the Walton Park parking lot near the Walton memorial, just north of the Police Department (look for the green MeetUp Spot sign). Mayor Zabel thanked City staff for their hard work and professionalism especially during the busy spring season. CLAIMS A MOTION WAS MADE BY COUNCIL MEMBER MORCOMB, SECONDED BY COUNCIL MEMBER INGEBRIGTSON TO APPROVE CLAIMS FOR THE PERIOD APRIL 10, 2024 TO APRIL 23, 2024 IN THE AMOUNT OF $975,174.14. 5 AYES ADJOURNMENT A MOTION WAS MADE BY COUNCIL MEMBER INGEBRIGTSON, SECONDED BY COUNCIL MEMBER HER TO ADJOURN THE REGULAR CITY COUNCIL MEETING OF APRIL 23, 2024, AT 8:04 PM. 5 AYES Respectfully submitted, Sara Ludwig, City Clerk 8