City Council

REGULAR MEETING MINUTES OAKDALE CITY COUNCIL August 27, 2024 CALL TO ORDER A regular meeting of the City Council of the City of Oakdale was held on August 27, 2024 at Oakdale City Hall, 1584 Hadley Avenue North, Oakdale, Minnesota. The meeting was called to order by Mayor Kevin Zabel at 7:00 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 Andy Gitzlaff, Community Development Director Luke McClanahan, City Planner Nick Newton, Police Chief Kyle Stasica, Finance Director Kevin Wold, Fire Chief Others Present: Bob Beedle, representing Oakdale Resident Colleen Briggs, 7540 4th Street Lane N Juan Santos Esquivel, Guest (Council Candidate) Douglas Nelson, 7560 4th Street Lane N Timothy Rick, 6617 53rd St N Matt Yetzer, Senior Development Associate, MWF Properties, LLC PLEDGE OF ALLEGIANCE APPROVAL OF THE AGENDA A MOTION WAS MADE BY COUNCIL MEMBER INGEBRIGTSON, SECONDED BY COUNCIL MEMBER HER TO APPROVE THE AGENDA AS AMENDED FOR THE MEETING OF AUGUST 27, 2024. 5 AYES APPROVAL OF THE MINUTES: Workshop, August 14, 2024 Regular Meeting, August 14, 2024 A MOTION WAS MADE BY COUNCIL MEMBER INGEBRIGTSON, SECONDED BY COUNCIL MEMBER WILLENBRING TO APPROVE THE WORKSHOP MEETING MINUTES OF AUGUST 14, 2024. 1 5 AYES A MOTION WAS MADE BY COUNCIL MEMBER INGEBRIGTSON, SECONDED BY COUNCIL MEMBER WILLENBRING TO APPROVE THE REGULAR MEETING MINUTES OF AUGUST 14, 2024. 5 AYES PUBLIC HEARING a) Helmo Station Planned Unit Development Amendment - Increasing Maximum Height for High-Density Multifamily Properties Along the 4th Street Frontage City Planner Luke McClanahan presented background information regarding the property at 390 Helmo Avenue N. He noted that the PUD amendment is to allow the building to be up to four residential stories in height. Mr. McClanahan went over the ordinance conditions. Mayor Zabel asked whether or not the PUD includes a definition of stories in terms of height, to which Mr. McClanahan stated it does not. In response to Council Member Ingebrigtson’s question about whether the State defines stories by height, Mr. McClanahan was unsure. Mayor Zabel asked if the PUD amendment was tied to the site plan only. Mr. McClanahan stated if adopted, the PUD amendment runs with the land. Council Member Ingebrigtson stated his intention to support this as it is important development happens in a timely manner and is economically feasible for the developer. Mayor Zabel asked about the down side of putting a maximum height on stories, to which Mr. McClanahan said it could be restrictive for developers. Mayor Zabel suggested adding a height limit in the amendment to give the neighbors peace of mind about the height limit and also give the developer leeway in determining their height maximum. Mr. McClanahan agreed that a “no greater than” clause could be added to the amendment. Council Member Morcomb invited the applicant to speak on the height of the proposed building. Matt Yetzer, Senior Development Associate with MWF Properties, clarified that the standard for a residential space is nine or ten foot ceilings, which is about 40 feet for four stories. He added that with framing and the pitch of the roof it could total about 45-46 feet. Mayor Zabel asked if imposing a height limit of 50 feet would be a concern to the developer. Mr. Yetzer was not concerned about this height maximum. Council Members Morcomb, Her, and Willenbring were in support of the suggested height cap. Council Member Ingebrigtson favored the limit being 52 feet in height. Mayor Zabel provided information and ground rules for the public hearing process. He then read a written statement from Oakdale Resident Douglas Nelson, 7560 4th Street Lane N. Mr. Nelson and his neighbors were pleased with the communication received from the City regarding no increased flood risk with the recent development projects. Mr. Nelson expressed concerns about the building being set back only 40 feet, dwarfing their properties. Also, he had concerns about 2  ordinance conditions two through four. Mr. Nelson was present and thanked the Council for listening to him and his neighbors. Mayor Zabel opened the public hearing and invited comments from the audience. Bob Beedle, former Washington County Condemnation Commissioner and retired real estate broker representing Colleen Briggs at 7540 4th Street Lane N, spoke about his opinion regarding potential compensational damages the City should be aware of including noise intrusion and dirt and dust on decks. Also, there have been sales in the cul-de-sacs recently, which sets a benchmark for any further sales should values go down, and in his opinion the City would be subject to compensation for any loss. Mr. Beedle recommended the City call a current Washington County Condemnation Commissioner to discuss. Mayor Zabel closed the public hearing. A MOTION WAS MADE BY MAYOR ZABEL, SECONDED BY COUNCIL MEMBER INGEBRIGTSON TO WAIVE READING AND ADOPT ORDINANCE NO. 929, PERTAINING TO THE HELMO STATION PLANNED UNIT DEVELOPMENT TO ALLOW MULTIFAMILY HIGH-DENSITY BUILDINGS ALONG THE 4TH STREET NORTH FRONTAGE TO BE UP TO FOUR RESIDENTIAL STORIES IN HEIGHT, NOT TO EXCEED 52 FEET IN HEIGHT, SUBJECT TO CONDITIONS. Mayor Zabel thanked everyone involved including the residents, and noted that this is not the end of the process as that there will be future opportunities for discussion and feedback as the developer works through the process. Council Member Morcomb stated the importance of feedback from residents to ensure the City and developers follow the ordinances and their conditions. 5 AYES OPEN FORUM a) Acorn Award Winners Presentation Mayor Zabel announced the winners of the 2024 Acord Award in three different categories: • Business/Commercial: Platinum Bank • Public: Transfiguration Church • Residential: The Afonso Family Photos were taken with each winner and the City Council. b) Proclamation: Suicide Prevention Awareness Month Mayor Zabel proclaimed the month of September as “Suicide Prevention Awareness Month”. c) Proclamation: Building and Code Professional Appreciation Day Mayor Zabel proclaimed September 1st as “Building and Code Professional Appreciation Day”. Mayor Zabel invited comments from the audience. 3  Timothy Rick, 6617 53rd Street N stated his concern with Northdale Park and people missing the park because of poor signage which causes a lot of extra traffic in his neighborhood. Mayor Zabel asked City Administrator Chris Volkers to check with Public Works about the signage situation for that park. Mayor Zabel closed the open forum. CONSENSUS MOTIONS Mayor Zabel pulled Consensus Item a) for individual consideration. A MOTION WAS MADE BY COUNCIL MEMBER INGEBRIGTSON, SECONDED BY COUNCIL MEMBER HER TO APPROVE CONSENSUS MOTIONS B-G, AS PRESENTED: b) Request that the City Council waive reading and adopt Resolution 2024-68, Accepting Grant Funds in the amount of $56,500.00 from the MPCA and the MN DNR to the City of Oakdale and authorize the City Administrator to execute documents accordingly. c) Request that the City Council approve the renewal of a Secondhand Goods Dealer license to both Get Guns Now at 1949 Geneva Avenue N, and Best Buy Store #15 at 8301 3rd Street N. d) 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 Daniel Rogers as full-time pro- bationary Police Officer effective August 28, 2024, at a rate of pay consistent with the City base pay schedule. e) 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 Andrew Ashley as full-time probationary Police Officer effective August 28, 2024, at a rate of pay consistent with the City base pay schedule. f) Request that the City Council approve the purchase of a 2025 Chevrolet Silverado 2500HD truck (V2024-07), in the amount of $36,750 from BDS Fleet, purchase of the utility body in the amount of $46,421 from ABM Equipment, and purchase of the snowplow in the amount of $10,534 from A.B.C. Rentals, Inc, and authorize the Mayor and City Administrator to accept the quotes for such. Request that the City Council waive reading and adopt Resolution 2024-70, approving the budget request for additional funds for the purchase of V2027-07 (2025 Chevrolet truck with a utility body and snowplow), and amending the 2024-2028 CIP and 2024-2033 Vehicle and Equipment Replacements. g) Request that the City Council waive reading and adopt Resolution 2024-69, Authorizing the Sale of General Obligation Improvement, Abatement, and Sales Tax Bonds, Series 2024A, Subject to Certain Parameters; Fixing Their Form and Specifications; Directing Their Execution and Delivery; and Providing for Their Payment; and establish a pricing committee. 5 AYES Consensus item a) Request that the City Council authorize the Mayor and City Administrator to sign and execute the Development Agreement for Companion Animal Care. 4  Mayor Zabel reserved his right to remove Consensus Item a) due to his intent to vote nay. A MOTION WAS MADE BY COUNCIL MEMBER INGEBRIGTSON, SECONDED BY COUNCIL MEMBER WILLENBRING TO APPROVE CONSENSUS MOTION A, AS PRESENTED. Council Member Morcomb stated that there was a reduction of square footage of the property since the last discussion with the City Council/developer during concept design, which means it no longer requires a sprinkler system. He asked Fire Chief Kevin Wold how many commercial properties have been built in Oakdale in the past 15 years without a fire suppression system. Chief Wold was not aware of any commercial properties built without sprinkers since then. Council Member Ingebrigtson stated that the developer is following City Code. City Attorney Jim Thomson confirmed that the development, as presented, complies with Building Code rules. Attorney Thomson added that if a majority of the Council would like to reconsider prior approvals on this project, that would need to be done prior to a decision being made about the Development Agreement, which is the item before the Council tonight. Council Member Willenbring stated that as long as the developer is following City Code, she had concerns about anyone voting ‘no’ based on the lack of sprinkler being installed as the lone reason. Council Member Morcomb stated that his concerns are regarding safety, but felt his hands were tied on the matter as the developer meets the City Code requirements. Mayor Zabel asked Attorney Thomson what the timeline and process would be on a motion to reconsider a previous action taken. Attorney Thomson indicated that the timeline has likely passed on this, but there are other mechanisms that could be taken. Mayor Zabel stated that although the Council cannot vote against the item based solely on the sprinkler system requirement, for him, the concern is that the site plan was modified late in the planning stages specifically to avoid putting in a fire suppression system, which puts employees, the animals, and public safety personnel at risk. He added that the Council has been more than flexible during the planning process with this developer. Council Member Her asked Chief Wold how the 2,000 square feet threshold was determined. Chief Wold was unsure, but stated it was a standard in the industry. Council Member Her said he supported the developer’s right to change the square footage. Council Member Willenbring asked Mayor Zabel what the basis was for his comments about the rationale to downsize the square footage, to which Mayor Zabel referenced an email he received from the applicant in late 2023. Council Member Willenbring asked that the email be made public. Mayor Zabel stated he will share it with Ms. Volkers, who will then share with the entire Council. Council Member Ingebritson stated even with this new information, he was supportive of moving the project forward. Council Member Willenbring was supportive of the business decision that was made by the developer. Council Member Her was supportive of moving the project forward. 5  Council Member Ingebrigtson stated that if it is a concern that commercial buildings not have a fire suppression system no matter what the square footage, the Council could address that another time, but it does not apply to the current application. 4 AYES 1 NAY – Zabel ADVISORY BOARDS AND COMMISSIONS Economic Development Commission (no meeting, Council Liaison Her) Environmental Management Commission (met on 8/19/24, Council Liaison Zabel) Mayor Zabel reported that the Environmental Management Commission had a presentation from Resilient Cities and Communities on ways to make cities more environmentally friendly. He added that Oakdale is already doing most of what was addressed. Planning Commission (no meeting, Council Liaison Ingebrigtson) Parks and Recreation Commission (8/20/24 meeting canceled, Council Liaison Morcomb) Tree Board (no meeting, Council Liaison Willenbring) AWARD OF BIDS None STAFF REPORTS None CITY ATTORNEY No report ADMINISTRATOR'S REPORT No report COUNCIL PRESENTATIONS Council Member Her commended the Public Works staff for their work after this last round of storms. Mayor Zabel also reminded residents they can drop off brush at Public Works at 1900 Hadley Ave N for a nominal fee. Mayor Zabel made announcements about the following: • City offices will be closed this Monday, September 2nd, in observance of Labor Day. City facilities will reopen at 8 AM the following day. • The annual Touch A Truck event will be on Tuesday, September 10th from 5 to 7 PM in the City Hall parking lot. This event is free, and ice cream treats will be provided. A sensory tent will be available to provide a safe, non-stimulating space for children. • Family Fun Flatables will be held on Saturday, September 14th from 11 AM to 4 PM at Walton Park! This free event will feature inflatables for the whole family to explore. There will also be a Kids DJ and concessions available for purchase. 6  • Save the date for the City-Wide Clean Up Event on Saturday, September 21st from 9 AM to 1 PM at Oakdale Public Works. Visit the City website, www.oakdalemn.gov, for more information on items accepted and associated fees. • Good luck to the local students, teachers, and support staff as they head back to school next week! CLAIMS A MOTION WAS MADE BY COUNCIL MEMBER INGEBRIGTSON, SECONDED BY COUNCIL MEMBER MORCOMB TO APPROVE CLAIMS FOR THE PERIOD AUGUST 15, 2024 TO AUGUST 27, 2024 IN THE AMOUNT OF $1,833,899.82. 5 AYES CLOSED SESSION Mayor Zabel noted that there is one final regular City Council agenda item – a closed session to discuss matters protected by the attorney-client privilege pursuant to Minnesota Statues, Section 13D.05, Subd. 3(b) relating to threatened litigation over the proposed amendments to the Oakdale Marketplace PUD. Attorney Thomson stated that he requested this agenda item to meet with the Council to discuss confidential advice concerning the threatened litigation over the proposed amendments to the Oakdale Marketplace PUD. A MOTION WAS MADE BY COUNCIL MEMBER MORCOMB, SECONDED BY COUNCIL MEMBER HER TO CLOSE THE MEETING PURSUANT TO MINNESOTA STATE STATUTE, SECTION 13D.05, SUBD. 3(B) TO DISCUSS MATTERS PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE RELATING TO THREATENED LITIGATION OVER THE PROPOSED AMENDMENTS TO THE OAKDALE MARKETPLACE PUD. 5 AYES THE REGULAR CITY COUNCIL MEETING WAS CLOSED AT 8:05 PM. THE REGULAR CITY COUNCIL MEETING WAS REOPENED AND ADJOURNED AT 8:40 PM. ADJOURNMENT A MOTION WAS MADE TO ADJOURN THE REGULAR CITY COUNCIL MEETING OF AUGUST 27, 2024, AT 8:40 PM. 5 AYES Respectfully submitted, Sara Ludwig, City Clerk 7