City Council

REGULAR MEETING MINUTES OAKDALE CITY COUNCIL June 25, 2024 CALL TO ORDER A regular meeting of the City Council of the City of Oakdale was held on June 25, 2024, at Oakdale City Hall, 1584 Hadley Avenue, Oakdale, Minnesota. The meeting was called to order by Mayor Kevin Zabel at 7:00 PM. CALL OF ROLL On a call of roll, the following were present: Mayor Kevin Zabel Council Members: Noah Her Jake Ingebrigtson Susan Willenbring Absent: Council Member Andy Morcomb Staff Present: Christina Volkers, City Administrator Sara Ludwig, City Clerk Jim Thomson, City Attorney Andy Gitzlaff, Community Development Director Luke McClanahan, City Planner Nick Newton, Police Chief Lori Pulkrabek, Communications Manager Kyle Stasica, Finance Director Kevin Wold, Fire Chief / Acting Public Works Director Others Present: Britt Harmon, Owner of Companion Animal Care & Control PLEDGE OF ALLEGIANCE APPROVAL OF THE AGENDA A MOTION WAS MADE BY COUNCIL MEMBER HER, SECONDED BY COUNCIL MEMBER INGEBRIGTSON TO APPROVE THE AGENDA AS AMENDED FOR THE MEETING OF JUNE 25, 2024. 4 AYES APPROVAL OF MINUTES: Workshop, June 11, 2024 Regular Meeting, June 11, 2024 A MOTION WAS MADE BY COUNCIL MEMBER WILLENBRING, SECONDED BY COUNCIL MEMBER INGEBRIGTSON TO APPROVE THE WORKSHOP MEETING MINUTES OF JUNE 11, 2024. 4 AYES 1 A MOTION WAS MADE BY COUNCIL MEMBER INGEBRIGTSON, SECONDED BY COUNCIL MEMBER HER TO APPROVE THE REGULAR MEETING MINUTES OF JUNE 11, 2024. 4 AYES PUBLIC HEARING a) Companion Animal Care – Planned Unit Development Amendment, Conditional Use Permit, and Site Plan City Planner Luke McClanahan provided background information, needed approvals, and summarized conditions in the resolutions. He stated that staff recommends approval of the Planned Unit Development (PUD) amendment, Conditional Use Permit (CUP), and Site Plan, with conditions. Mayor Zabel opened the public hearing and welcomed comments from the audience. Britt Harmon, Owner of Companion Animal Care & Control, spoke on the following deviations: • The trash enclosure is no longer part of the plan as the developer will keep residential trash containers indoors. Because of this, conditions #4 and #5 from Resolution 2024-53 are no longer applicable. • The conditions in Ordinance No. 927 and Resolution 2024-53 related to the use of 30% non-metal Class I materials do not make sense on the south side, near the kennel runs, since brick is porous and can cause issues when dogs relieve themselves. Brick holds bacteria, maintains smell, and is a hazard for infectious disease transmission. Ms. Harmon added that with the six-foot fence on the north and south side, the 30% non-metal Class I materials requirement is not necessary. Mayor Zabel closed the public hearing. Mayor Zabel asked if staff are changing their recommendation regarding the trash enclosure requirement given the information shared by Ms. Harmon. Mr. McClanahan said conditions #4 and #5 from Resolution 2024-53 no longer apply because the trash will be kept inside. Mayor Zabel asked if the trash enclosure requirement should remain in the event the plan changes down the road. City Attorney Jim Thomson recommended amending Resolution 2024-53 to remove conditions #4 and #5, and adding a condition to say, “no outside trash enclosures are allowed on the site.” In response to Council Member Willenbring’s question about how close the developer is to meeting the 30% non-metal Class I material condition on the north and south sides of the building, Mr. McClanahan said there are some windows, but that more non-metal Class I materials need to be added on those sides, although the percentage is not on hand. Ms. Harmon stated that the north side is currently 20.65% glass and 11.2% premium steel (if framing counts toward the 30%); and the south side is currently 17.73% glass and 15% premium steel (again, if framing counts toward the 30%). Mayor Zabel asked if premium steel counts toward the 30% non-metal Class I materials which was later answered by Community Development Director Andy Gitzlaff. Mayor Zabel and Council Member Her referenced the November 28, 2023 Workshop discussion in which the concept plan presented was roughly 1,000 square feet larger and required a sprinkler 2  system. The developer has since reduced the building and no sprinkler system is needed per Fire Code. Council Member Her suggested tabling the item until the next meeting to give the Council time to understand and clarify the changes and requirements. In response to Council Member Willenbring’s question about the material staff is requiring the developer to use on part of the south side of the building to reach the 30% non-metal Class I material threshold, Mr. Gitzlaff noted previous interpretations by the Development Review Committee (DRC) is that Class I is non-metal. Mayor Zabel clarified that the Zoning Ordinance requires the exterior surfaces of commercial buildings must consist of at least 70% non-metal Class I materials, but due to the location of this facility, exceptions were made to this requirement. Council Member Ingebrigtson stated that it would be his preference to remain consistent with past decisions regarding the building material requirements. Mayor Zabel was not supportive of including premium steel as part of the 30% non-metal Class I material threshold. Council Member Willenbring looked to staff to provide alternative non-metal Class I materials that work for the proposed usage given that brick may not make sense in this instance. Council Member Willenbring stated that the Council could decide to be flexible with the non-metal requirement based on the usage. Mayor Zabel disagreed. Mr. McClanahan said other non-metal Class I materials could include brick, stone, and architectural pre-cast. He also added that the developer could put the steel on the bottom of the building where the animals relieve themselves and put more Class I materials higher up away from the ground. Mayor Zabel clarified that as Ordinance No. 927 and Resolution 2024-53 are written, the DRC would not include premium steel as part of the 30% non-metal Class I material threshold. City Administrator Chris Volkers confirmed. Council Member Willenbring recommended amending condition #3 on Resolution 2024-53 by removing “30%” and inserting “as currently presented”. In response to this, Attorney Thomson recommended that the Council take each action item separately starting with Ordinance No. 927. Once the items are on the floor then the amendment motions can be proposed and voted on. A MOTION WAS MADE BY COUNCIL MEMBER INGEBRIGTSON, SECONDED BY COUNCIL MEMBER HER TO WAIVE READING AND ADOPT ORDINANCE NO. 927, APPROVING AN AMENDMENT TO THE NORTH STAR MINI-STORAGE PLANNED UNIT DEVELOPMENT. Attorney Thomson suggested removing “and eliminating the requirement for a roof structure for the trash enclosure” given the previous discussion. A MOTION WAS MADE BY MAYOR ZABEL, SECONDED BY COUNCIL MEMBER HER TO AMEND ORDINANCE NO. 927 ELIMINATING EVERYTHING AFTER “CLASS I MATERIALS REQUIREMENTS” AND INSERTING A PERIOD. 4 AYES A MOTION WAS MADE BY COUNCIL MEMBER WILLENBRING TO AMEND ORDINANCE NO. 927 BY CHANGING “30% ON THE NORTH AND SOUTH FACADES” TO “20% ON THE NORTH AND SOUTH FACADES”. 3 MOTION FAILED DUE TO LACK OF A SECOND. Mayor Zabel brought back to the forefront Ordinance No. 927 noting that it has been amended, but that there has already been a motion and a second. He asked if there are any other amendments or final comments. No amendments or comments were raised. He then asked for a vote. 4 AYES A MOTION WAS MADE BY COUNCIL MEMBER WILLENBRING, SECONDED BY COUNCIL MEMBER INGEBRIGTSON TO WAIVE READING AND ADOPT RESOLUTION 2024-52, APPROVING A CONDITIONAL USE PERMIT FOR A KENNEL AT 1480 HELMO AVENUE NORTH, WITH CONDITIONS INCLUDED IN THE ATTACHED RESOLUTION. Attorney Thomson suggested removing “and exclude the roof requirement for the trash enclosure” from condition #2 given the previous discussion. A MOTION WAS MADE BY MAYOR ZABEL, SECONDED BY COUNCIL MEMBER HER TO AMEND CONDITION #2 ON RESOLUTION 2024-52 DELETING THE WORDS “AND EXCLUDE THE ROOF REQUIREMENT FOR THE TRASH ENCLOSURE”. 4 AYES Mayor Zabel brought back to the forefront Resolution 2024-52 noting that it has been amended, but that there has already been a motion and a second. He asked if there are any other amendments or final comments. No amendments or comments were made. He then asked for a vote. 4 AYES A MOTION WAS MADE BY COUNCIL MEMBER INGEBRIGTSON, SECONDED BY COUNCIL MEMBER HER TO WAIVE READING AND ADOPT RESOLUTION 2024-53, APPROVING THE SITE PLAN FOR AN AMIMAL IMPOUND AND KENNEL FACILITY AT 1480 HELMO AVENUE NORTH, WITH CONDITIONS INCLUDED IN THE ATTACHED RESOLUTION. A MOTION WAS MADE BY COUNCIL MEMBER HER, SECONDED BY COUNCIL MEMBER INGEBRIGTSON TO AMEND CONDITION #2 ON RESOLUTION 2024-53 DELETING THE WORDS “AND EXCLUDE THE ROOF REQUIREMENT FOR THE TRASH ENCLOSURE” AND DELETING CONDITIONS #4 AND #5 IN THEIR ENTIRETY. 4 AYES Attorney Thomson suggested adding a condition to Resolution 2024-53 that states “no outside trash enclosures are allowed on the site” given the previous discussion. A MOTION WAS MADE BY MAYOR ZABEL, SECONDED BY COUNCIL MEMBER INGEBRIGTSON TO AMEND RESOLUTION 2024-53 BY ADDING A CONDITION STATING “NO OUTSIDE TRASH ENCLOSURES ARE ALLOWED ON THE SITE”. 4 AYES 4  Mayor Zabel brought back to the forefront Resolution 2024-53 noting that it has been amended, but that there has already been a motion and a second. He asked if there are any other amendments or final comments. Mayor Zabel stated his concern for the safety of the employees and animals due to the lack of a sprinkler system included as part of the site plan. For this reason, he will be voting against the site plan. Mayor Zabel then asked for any additional comments. No comments were raised. He then asked for a vote. 3 AYES 1 NAY - ZABEL OPEN FORUM Mayor Zabel invited comments from the audience. No comments were heard. CONSENSUS MOTIONS a) Request that the City Council approve the reappointment of the below noted individuals to their respective advisory body commission, with the term to expire June 30, 2027. Economic Development Commission Term to Expire Jeff Bates June 30, 2027 Planning Commission Term to Expire Dallas Pierson June 30, 2027 Tom Willenbring June 30, 2027 Parks and Recreation Commission Term to Expire Janet Cunningham June 30, 2027 Mark Giannini June 30, 2027 Tree Board Term to Expire Dallas Pierson June 30, 2027 Glen Giacoletto June 30, 2027 Marge Sagstetter June 30, 2027 b) Request that the City Council approve issuance of a Tent Sale License for TNT Fireworks, Inc. to operate a temporary Fireworks Tent Sale 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 June 26, 2024, to July 5, 2024. 3. Hours of operation to be limited to 9:00 AM to 10:00 PM daily. 4. All materials for the use must be removed promptly from the site following the selling season and no later than July 19, 2024. c) Request that the City Council approve the THC Sales License renewal for Hideaway 3, LLC located at 1185 Geneva Avenue North for the license term of July 1, 2024 – June 30, 2025. 5  d) Request that the City Council waive reading and adopt Ordinance No. 928, Amending the Code of Ordinances for the City of Oakdale, Chapter 7 – Article I “Property Maintenance” relating to updating the provisions of the International Property Maintenance Code and Article II – “Rental Housing Licensing” related to the process for imposition of penalties. Request that the City Council waive reading and adopt Resolution 2024-54, Authorizing Publication of Ordinance No. 928 by Title and Summary. (Motion requires a 4/5 majority vote). e) Request that the City Council approve the noise variance requested by Washington County Public Health and Environmental Services for their Back-2-School event which will be held at Richard Walton Park, 1584 Hadley Avenue N, on August 22, 2024, for the hours of 4:30PM – 6:30PM. f) Request that the City Council approve the noise variance requested by Shekinah Church located at 6477 10th Street North for the date of July 13, 2024 from 10:00AM – 7:00PM. g) Request per City of Oakdale Code of Ordinances, Chapter 2, Article IV, Sec.2-36 (c) and per City Personnel Policy PE-031, Section 5.0, that the City Council appoint James Kohn, as a Temporary, Part-time Discovery Center Building Supervisor. h) Request that City Council waive reading and adopt Resolution 2024-55, calling for a public hearing on July 23, 2024, at or after 7:00 p.m., at the City Hall at 1584 Hadley Avenue N in the City, on proposed property tax abatements for the purpose of issuing tax abatement bonds to finance certain public improvements. Request that the City Council waive reading and adopt Resolution 2024-56, calling for a public hearing on July 23, 2024, at or after 7:00 p.m., at the City Hall at 1584 Hadley Avenue N in the City, with the intention to issue general obligation capital improvement plan bonds and the proposal to adopt a capital improvement plan for 2024 through 2028 under Minnesota Statutes, Section 475.521. i) Request per City of Oakdale Code of Ordinances, Chapter 2, Article IV, Sec.2-36 (c) and per City Personnel Policy PE-031, Section 5.0, that the City Council appoint Jake Hood Chlebeck and Michael Hesse as Public Works Seasonal Workers at a rate of pay equal to $16.00 per hour. A MOTION WAS MADE BY COUNCIL MEMBER INGEBRIGTSON, SECONDED BY COUNCIL MEMBER HER TO APPROVE CONSENSUS MOTIONS A-I, AS PRESENTED. 4 AYES ADVISORY BOARDS AND COMMISSIONS Economic Development Commission (no meeting, Council Liaison Her) Environmental Management Commission (met on 6/17/24, Council Liaison Zabel) Mayor Zabel reported that the Environmental Management Commission worked on the 2025 Environmental Fair, and received an update on the Park System Plan Update. Planning Commission (met on 6/6/24, Council Liaison Ingebrigtson) 6  Council Member Ingebrigtson reported that both items discussed at the 6/6/24 Planning Commission meeting are on the Council agenda tonight. Parks and Recreation Commission (no meeting, Council Liaison Morcomb) Tree Board (met on 6/18/24, Council Liaison Willenbring) Council Member Willenbring reported that the Tree Board had their Advisory Body Training, discussed the Oakdale Zoning Code Update project, the Buckthorn Removal event, and possible improvements needed for the Tree Trek at the Oakdale Park Reserve. AWARD OF BID None STAFF REPORTS COMMUNITY DEVELOPMENT a) Ford Conditional Use Permit - Second Garage at 6512 49th Street North Mr. McClanahan gave an overview of the project and recommended approval of the CUP with conditions listed in the attached resolution. A MOTION WAS MADE BY COUNCIL MEMBER INGEBRIGTSON, SECONDED BY COUNCIL MEMBER WILLENBRING TO WAIVE READING AND ADOPT RESOLUTION 2024-51, APPROVING A CONDITIONAL USE PERMIT FOR AN ADDITIONAL GARAGE AT 6512 49TH STREET NORTH, WITH CONDITIONS INCLUDED IN THE ATTACHED RESOLUTION. 4 AYES CITY ATTORNEY No report ADMINISTRATOR'S REPORT No report COUNCIL PRESENTATIONS Mayor Zabel made announcements about the following. • A few highlights of the Summerfest events including: o The Oakdale Area Chamber of Commerce had their Golf Tournament yesterday. o The Summerfest Medallion Hunt has begun. The prize is $500. Clues are posted at www.oakdalesummerfest.com each day at 8 AM until the medallion is found. o Thursday, June 27th is the Ted Bearth Grande Parade starting at 6 PM; Walton Park will have food trucks, vendors, the Maplewood Oakdale Lions Club beer garden, and a free concert by MoJo Monks. o Friday, June 28th is the Community Picnic at Fire Station Two from 11 AM – 1 PM; Walton Park will have kids’ activities with inflatables, Sustainable Safari, and 3rd Lair Skateboard Contest; Marketplace, food trucks, vendors, the Maplewood Oakdale Lions Club beer garden, and a free evening concert by Buffalo Alice. 7  o Saturday, June 29th is the Nature Preserve 5k Run at the Discovery Center; the ITS Truck, Little Blues Traveling Zoo, Marketplace, food trucks and vendors, Pop-Up Splash Pad, Teddy Bear Band, inflatables, Sustainable Safari, the Maplewood Oakdale Lions Club Coloring Contest, a free concert by Free & Easy, and an Oakdale 50th Anniversary Fireworks Spectacular at 10 PM. o For the full schedule of events, visit www.oakdalesummerfest.com. o A big thank you to the Oakdale Summerfest Community Organization for their volunteer work in coordinating the beloved Summerfest celebration. • Nominations are still open for the Oakdale Acorn Award in the categories of residential, business/commercial, and public. Complete an online nomination form at www.oakdalemn.gov by June 30th. • City offices will be closed on Thursday, July 4th for the Independence Day holiday. CLAIMS A MOTION WAS MADE BY COUNCIL MEMBER INGEBRIGTSON, SECONDED BY COUNCIL MEMBER WILLENBRING TO APPROVE CLAIMS FOR THE PERIOD JUNE 12, 2024 TO JUNE 25, 2024, IN THE AMOUNT OF $1,339,838.26. 4 AYES ADJOURNMENT A MOTION WAS MADE BY COUNCIL MEMBER INGEBRIGTSON, SECONDED BY COUNCIL MEMBER HER TO ADJOURN THE MEETING AT 7:55 PM. 4 AYES Respectfully submitted, Sara Ludwig, City Clerk 8