City Council

REGULAR MEETING MINUTES OAKDALE CITY COUNCIL October 29, 2024 CALL TO ORDER A regular meeting of the City Council of the City of Oakdale was held on October 29, 2024 at Oakdale City Hall, 1584 Hadley Avenue North, Oakdale, Minnesota. The meeting was called to order by Mayor Kevin Zabel at 7:05 PM. ROLL CALL On a call of roll, the following were present: Mayor Kevin Zabel Council Members: 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 Jake Foster, Assistant City Administrator Andy Gitzlaff, Community Development Director Luke McClanahan, City Planner Nick Newton, Police Chief Lori Pulkrabek, Communications Manager Kyle Stasica, Finance Director Cory Tietz, Public Works Director Julie Williams, Recreation Superintendent Kevin Wold, Fire Chief Others Present: Matthew Bibeau, Oakdale Resident Samantha Grinnell, Lake Elmo Resident Mahmoud Hannoon, Retail Manager of Super Smoke Kari Moore, Guest (Council Candidate) Jack Perry, Partner with Taft Law Firm Joseph Stoi, Oakdale Resident PLEDGE OF ALLEGIANCE APPROVAL OF THE AGENDA A MOTION WAS MADE BY COUNCIL MEMBER INGEBRIGTSON, SECONDED BY COUNCIL MEMBER MORCOMB TO APPROVE THE AGENDA AS AMENDED FOR THE MEETING OF OCTOBER 29, 2024. 4 AYES APPROVAL OF THE MINUTES: Workshop, October 8, 2024 Regular Meeting, October 8, 2024 1 A MOTION WAS MADE BY COUNCIL MEMBER INGEBRIGTSON, SECONDED BY COUNCIL MEMBER WILLENBRING TO APPROVE THE WORKSHOP MEETING MINUTES OF OCTOBER 8, 2024. 4 AYES A MOTION WAS MADE BY COUNCIL MEMBER INGEBRIGTSON, SECONDED BY COUNCIL MEMBER MORCOMB TO APPROVE THE REGULAR MEETING MINUTES OF OCTOBER 8, 2024. 4 AYES PUBLIC HEARING a) Public Hearing: New On-Sale 3.2 Percent Malt Liquor License Request: Quantum Sports LLC dba Smash Hub City Administrator Chris Volkers explained that this is an application for a new on-sale 3.2 percent malt liquor license for Quantum Sports LLC dba Smash Hub. The licensing request requires a public hearing. Ms. Volkers reported that the applicants passed their most recent background investigation and staff recommends approval. In response to Council Member Morcomb’s question about the abbreviated term length, Ms. Volkers replied that the current liquor license term ends on March 31, 2025 so any application received after April 1 of the current period will have a shortened term. 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 WILLENBRING TO APPROVE THE ISSUANCE OF A NEW ON-SALE 3.2 PERCENT MALT LIQUOR LICENSE TO QUANTUM SPORTS LLC DBA SMASH HUB AT 895 HALE AVENUE N, FOR THE CURRENT TERM WHICH EXPIRES ON MARCH 31, 2025. 4 AYES b) Public Hearing: Certification of Delinquent Utilities and Inactive Accounts to Washington County for Inclusion on 2025 Property Taxes Finance Director Kyle Stasica explained that the City annually completes a certification process for unpaid delinquent utilities and inactive accounts. This process protects the City and serves as the City’s collection process. Mr. Stasica reported that there are 293 accounts with a total amount for the proposed certification of $138,129.54. Because payments will be accepted until December 15, 2024, the number of accounts could decrease. Any remaining balances after that date will be submitted to Washington County to be levied on the 2025 property tax statements. 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 WILLENBRING TO WAIVE READING AND ADOPT RESOLUTION 2024-91, CERTIFYING OUTSTANDING 2 DELINQUENT UTILITY AND INACTIVE ACCOUNTS TO WASHINGTON COUNTY FOR INCLUSION ON 2025 PROPERTY TAXES. 4 AYES c) Public Hearing: Amendments to the Oakdale Marketplace and Oakdale Station Planned Unit Developments City Planner Luke McClanahan pointed out the location of the two Planned Unit Development (PUD) amendments, and stated that there have been several deviations from the original PUDs in the past. Mr. McClanahan noted that in response to recent development interest in the Oakdale Marketplace PUD and Oakdale Station PUD areas, the City Council, at their October 24, 2023 workshop meeting, directed City staff to conduct a study of the two PUD areas. The City Council reviewed the study’s findings and held further discussions at their February 27 and March 12, 2024 workshop meetings. Mr. McClanahan went over the original site plans as well as the proposed site plan options. The two site plan options enable more land uses, including residential uses on certain property, can be pursued either in their entirety or through a combination thereof, and commercial uses will still be allowed on all vacant parcels within the two PUDs. Mr. McClanahan then reviewed individual tracts of the PUDs including permitted uses, and additional proposed standards of the PUDs. Lastly, he noted that at the August 1, 2024 Planning Commission meeting, the Commission recommended approval of the amendment to the Oakdale Station PUD, but did not recommend approval of the amendment to the Oakdale Marketplace PUD. Mayor Zabel provided information and ground rules for the public hearing process. He then opened the public hearing and welcomed comments from the audience. Jack Perry, Partner with Taft Law Firm, expressed concerns about the legality of the proposed PUD amendment for Oakdale Marketplace. He indicated that if the City moves forward with these approvals it will face a lawsuit. Mayor Zabel closed the public hearing. Due to the threatened litigation, City Attorney Jim Thomson recommended that the City Council not act on the approvals related to the Oakdale Marketplace PUD. He also noted that a closed session has been added to the agenda to discuss the merits of the threatened litigation under attorney- client privilege. A MOTION WAS MADE BY MAYOR ZABEL, SECONDED BY COUNCIL MEMBER INGEBRIGTSON TO CONTINUE CONSIDERATION OF RESOLUTION 2024-89 AND ORDINANCE NO. 937, TO A FUTURE CITY COUNCIL MEETING. 4 AYES A MOTION WAS MADE BY COUNCIL MEMBER INGEBRIGTSON, SECONDED BY COUNCIL MEMBER MORCOMB TO WAIVE READING AND ADOPT RESOLUTION 2024-88, AMENDING THE OAKDALE STATION PLANNED UNIT DEVELOPMENT PLAN TO ESTABLISH ADDITIONAL DESIGN STANDARDS AND TO ESTABLISH ADDITIONAL SITE PLAN OPTIONS. 4 AYES 3 A MOTION WAS MADE BY COUNCIL MEMBER INGEBRIGTSON, SECONDED BY COUNCIL MEMBER WILLENBRING TO WAIVE READING AND ADOPT ORDINANCE NO. 936, AMENDING THE OAKDALE STATION PLANNED UNIT DEVELOPMENT TO ALLOW RESIDENTIAL USE ON CERTAIN PROPERTY. 4 AYES OPEN FORUM a) Proclamation: First Responders Day Mayor Zabel proclaimed October 28th as “First Responders Day” and thanked the City’s first responders for all they do. b) Proclamation: Canvas Health Day Mayor Zabel proclaimed October 20th as “Canvas Health Day”, in recognition of their 55th anniversary. c) Proclamation: Hearing of America Day Mayor Zabel proclaimed October 24th as “Hearing of America Day”, in recognition of their 10th anniversary. d) Proclamation: The Waters Day Mayor Zabel proclaimed October 25th as “The Waters Day”, in recognition of their 10th anniversary. Mayor Zabel invited comments from the audience. Samantha Grinnell, 395 Cimarron, Lake Elmo, spoke about the day-to-day challenges people are currently facing. Joseph Stoi, 168 Greenway Ave N, expressed concerns about the growing weeds in neighboring properties and the speeding that occurs on his street. He asked what the City is able to do to address these concerns. Matthew Bibeau, 6590 2nd St N, expressed concerns about traffic, speeding, and unkept yards in his neighborhood. He asked for more of a police presence in the area. Mayor Zabel asked that staff address the potential City Code violations brought up by Mr. Stoi and Mr. Bibeau. Ms. Volkers encouraged residents to use See-Click-Fix to submit City Code violations. CONSENSUS MOTIONS a) Request that the City Council approve the issuance of a 2025 Tobacco Sales license to Lee’s Liquors for the term of January 1, 2025 through December 31, 2025. b) Request that the City Council waive reading and adopt Resolution 2024-92, Approving the Memorandum of Understanding between the City of Oakdale and the International Union of Operating Engineers (IUOE), Local 49 regarding participating in the Central Pension Fund. 4  c) Request that the City Council approve the Knights of Columbus #4374 request to conduct Excluded Bingo for a Turkey Bingo event at Transfiguration Church located at 6135 15th Street North, for the date of November 16, 2024. d) Request that the City Council approve the massage therapist license renewal for Guillermina Ortiz- Alamillo at The Waters Senior Living. 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 Gregory Ostertag and Colin Schmit as part-time probationary Community Service Officers effective October 30, at a rate of pay consistent with the City base pay schedule conditioned on passing all background requirements. f) Request that the City Council authorize the Mayor and City Administrator to sign and execute the amended Development Agreement and Subordination Agreement for Impact Apartments/Norhart. g) Request that the City Council waive reading and adopt Resolution 2024-90, approval of an on-site gambling premises permit for Hill Murray Fathers Club at The Burrow located at 7053 10th Street North. h) Request that the City Council appoint Beau Wilson to the Planning Commission for the period of October 30, 2024 to June 30, 2026. A MOTION WAS MADE BY COUNCIL MEMBER INGEBRIGTSON, SECONDED BY COUNCIL MEMBER WILLENBRING TO APPROVE CONSENSUS MOTIONS A-H, AS PRESENTED. 4 AYES ADVISORY BOARDS AND COMMISSIONS Economic Development Commission (no meeting, Council Liaison [vacant]) Mayor Zabel asked about the next Economic Development Commission meeting and if there is a need to appoint a new Council Liaison given the current vacancy. Community Development Director Andy Gitzlaff stated that the next meeting is November 6, 2024. Mayor Zabel offered to fill in as the Council Liaison through the end of the year. The Council was supportive. Environmental Management Commission (met on 10/21/24, Council Liaison Zabel) Mayor Zabel reported that the Environmental Management Commission reviewed their 2025 Work Plan. Planning Commission (no meeting, Council Liaison Ingebrigtson) Parks and Recreation Commission (met on 10/15/24, Council Liaison Morcomb) Council Member Morcomb reported that the Parks and Recreation Commission reviewed their 2025 Work Plan and spoke highly of the City’s newest park, Willowbrooke Commons. Tree Board (no meeting, Council Liaison Willenbring) 5 AWARD OF BIDS None STAFF REPORTS FIRE a) Approve Ordering the Fire Department Vehicles included in the Proposed 2025 – 2029 Capital Improvement Plan and 2025 – 2034 Vehicle and Equipment Replacement Fund Fire Chief Kevin Wold spoke on the request to order two Fire Department vehicles in advance due to supply chain issues and price increases. He noted that the time of delivery would still align with the 2025-2034 Vehicle and Equipment Replacement Fund and no upfront costs are needed to order the vehicles. In response to Council Member Ingebrigtson’s question about when the current Fire Department Tahoe vehicles were ordered, Chief Wold stated six years ago. A MOTION WAS MADE BY COUNCIL MEMBER INGEBRIGTSON, SECONDED BY COUNCIL MEMBER WILLENBRING TO AUTHORIZE THE CITY ADMINISTRATOR TO SIGN DOCUMENTS AS NEEDED RELATED TO THE ORDERING OF FIRE DEPARTMENT VEHICLES IDENTIFIED FOR REPLACEMENT IN 2025 AND 2026, AS OUTLINED IN THE PROPOSED 2025 - 2034 VEHICLE AND EQUIPMENT REPLACEMENT FUND. 4 AYES POLICE a) Hearing Request: Super Smoke Regarding Second Compliance Violation in 36 Months and Related Administrative Fine Police Chief Nick Newton reviewed the Request for Council Action regarding Super Smoke located at 1029 Helmo Ave N. In response to Council Member Ingebrigtson’s question about any ambiguity related to selling Tetrahydrocannabinol (THC) without a license, Chief Newton stated that the owner received a denial letter for the initial THC Product Sales license back in March 2023, but continued to sell THC throughout 2024. In response to Mayor Zabel’s question about the relevant City Code that governs these violations, Chief Newton noted that the first offense is found under City of Oakdale Code of Ordinances, Chapter 9, Article 3, Sec. 9-34 (1)(a), and the administrative fine for the second offense is outlined in City of Oakdale Code of Ordinances, Chapter 1, Article IV, Section 1-20. To follow up, Mayor Zabel asked if violations can be stacked in this manner or if infractions of differing articles have to be treated as standalone violations. City Attorney Jim Thomson explained that the City Code has an administrative citation and civil penalties article that articulates the administrative offense and hearing process. Because of this, even though the second violation was related to selling THC, the licensee holds a tobacco license which gives the City Council the inherent authority to impose the second violation because the licensee violated another provision in the City Code related to selling products that require a license which they did not obtain. 6  Mahmoud Hannoon, 1610 Granada Ave N, Retail Manager of Super Smoke, spoke on the two violations received and what corrective measures were taken. He mentioned the confusion surrounding the sale of THC and the fact that the Office of Cannabis Management never mentioned that a City license was needed. Mr. Hannoon stated that Super Smoke has been paying sales tax on the THC products and had no intention of breaking the law. A MOTION WAS MADE BY COUNCIL MEMBER INGEBRIGTSON, SECONDED BY COUNCIL MEMBER MORCOMB TO WAIVE READING AND ADOPT RESOLUTION 2024-95, UPHOLDING THE ADMINISTRATIVE FINE ISSUED TO SUPER SMOKE IN THE AMOUNT OF $1,000.00. 4 AYES ADMINISTRATOR'S REPORT a) Amend City of Oakdale Code of Ordinances, Chapter 15 “Parks and Recreation” Ms. Volkers explained that this item approves changes to articles two through five per the discussion at the October 8, 2024 Council Workshop. A MOTION WAS MADE BY COUNCIL MEMBER INGEBRIGTSON, SECONDED BY COUNCIL MEMBER WILLENBRING TO WAIVE READING AND ADOPT ORDINANCE NO. 935, AMENDING THE CODE OF ORDINANCES FOR THE CITY OF OAKDALE, CHAPTER 15 “PARKS AND RECREATION”, UPDATING CERTAIN LANGUAGE. 4 AYES A MOTION WAS MADE BY COUNCIL MEMBER INGEBRIGTSON, SECONDED BY COUNCIL MEMBER WILLENBRING TO WAIVE READING AND ADOPT RESOLUTION 2024-94, AUTHORIZING PUBLICATION OF ORDINANCE NO. 935 BY TITLE AND SUMMARY. 4 AYES b) Amend City of Oakdale, Code of Ordinances, Chapter 10 “Liquor Control and Charitable Gambling”, Article II – “General Conditions” and Article III – “Charitable Gambling” Ms. Volkers explained that this item was discussed at the July 9 and August 14, 2024 Council Workshops. Staff is recommending approval of the two ordinances and two related resolutions. A MOTION WAS MADE BY COUNCIL MEMBER INGEBRIGTSON, SECONDED BY COUNCIL MEMBER MORCOMB TO WAIVE READING AND ADOPT ORDINANCE NO. 933, AMENDING THE CODE OF ORDINANCES FOR THE CITY OF OAKDALE, CHAPTER 10 “LIQUOR CONTROL AND CHARITABLE GAMBLING” – ARTICLE II “GENERAL CONDITIONS”, RELATING TO NOTICE AND HEARING REQUIREMENTS AND UPDATING CERTAIN LANGUAGE. 4 AYES A MOTION WAS MADE BY COUNCIL MEMBER INGEBRIGTSON, SECONDED BY COUNCIL MEMBER WILLENBRING TO WAIVE READING AND ADOPT RESOLUTION 2024-96, AUTHORIZING PUBLICATION OF ORDINANCE NO. 933 BY TITLE AND SUMMARY. 4 AYES 7 A MOTION WAS MADE BY COUNCIL MEMBER INGEBRIGTSON, SECONDED BY COUNCIL MEMBER MORCOMB TO WAIVE READING AND ADOPT ORDINANCE NO. 934, AMENDING THE CODE OF ORDINANCES FOR THE CITY OF OAKDALE, CHAPTER 10 “LIQUOR CONTROL AND CHARITABLE GAMBLING” – ARTICLE III “CHARITABLE GAMBLING”, AUTHORIZING AND REGULATING THE CONDUCT OF LAWFUL GAMBLING. 4 AYES A MOTION WAS MADE BY COUNCIL MEMBER INGEBRIGTSON, SECONDED BY COUNCIL MEMBER MORCOMB TO WAIVE READING AND ADOPT RESOLUTION 2024-97 AUTHORIZING PUBLICATION OF ORDINANCE NO. 934 BY TITLE AND SUMMARY. 4 AYES c) Donation to the City – Veteran’s Memorial Beautification Ms. Volkers explained that the City received a generous donation of $100 from Kathryn Tronson for continued beautification of the Veterans’ Memorial at City Hall. A MOTION WAS MADE BY COUNCIL MEMBER INGEBRIGTSON, SECONDED BY COUNCIL MEMBER WILLENBRING TO WAIVE READING AND ADOPT RESOLUTION 2024-93, ACCEPTING A DONATION FROM KATHRYN TRONSON IN THE AMOUNT OF $100. 4 AYES COUNCIL PRESENTATIONS Council Member Ingebrigtson encouraged residents to vote in the upcoming election. Mayor Zabel made announcements about the following: • The Oakdale Fire Department is bringing back its Halloween tradition this Thursday, October 31st, from 4:30 PM to 6:30 PM with free hot dogs, candy and more at Fire Station Two, the South station located at 6633 15th Street N. • In partnership with Washington County, the City is hosting free pumpkin recycling through November 12th in the north side of the City Hall parking lot (1584 Hadley Avenue N), 24 hours a day. • Nominations for Oakdale’s Volunteer of the Year are now open. Complete the online Volunteer of the Year nomination form at www.oakdalemn.gov by October 31st. • The City has begun the process of updating the Zoning and Subdivision Codes to modernize the City’s standards in line with best practices; align zoning districts with the 2040 Comprehensive Plan; ensure consistency with State and Federal laws; and improve the Code's structure and format to be more user-friendly. An online survey is now available for public input at www.oakdalemn.gov until Friday, November 15th. • Winter parking restrictions start this Friday, November 1st and run through April 1st. During this time, no vehicles may park on City streets between the hours of 12 AM to 5 AM, or anytime snow accumulation equals or exceeds two inches until the street is cleared of snow. • Election Day is just one week away! Early voting is offered at Oakdale City Hall through Friday, November 1st from 8 AM to 4:30 PM. Weekend hours will be offered this Saturday and Sunday, November 2nd and 3rd from 8 AM to 3 PM. The final day of early voting will be Monday, November 4th from 8 AM to 5 PM. On Election Day, November 5th, voters must go to their assigned precinct location to vote between 7 AM and 8 PM. Find your precinct location at www.mnvotes.org. 8 CLAIMS A MOTION WAS MADE BY COUNCIL MEMBER INGEBRIGTSON, SECONDED BY COUNCIL MEMBER WILLENBRING TO APPROVE CLAIMS FOR THE PERIOD OCTOBER 9, 2024 TO OCTOBER 29, 2024 IN THE AMOUNT OF $2,255,560.48. 4 AYES CITY ATTORNEY a) 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 INGEBRIGTSON, SECONDED BY COUNCIL MEMBER MORCOMB TO CLOSE THE MEETING TO DISCUSS MATTERS PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE PURSUANT TO MINNESOTA STATUTES, SECTION 13D.05, SUBDIVISION 3(B) RELATING TO THREATENED LITIGATION OVER THE PROPOSED AMENDMENTS TO THE OAKDALE MARKETPLACE PUD 4 AYES THE REGULAR CITY COUNCIL MEETING WAS CLOSED AT 8:23 PM. THE REGULAR CITY COUNCIL MEETING WAS REOPENED AND ADJOURNED AT 9:02 PM. ADJOURNMENT A MOTION WAS MADE TO ADJOURN THE REGULAR CITY COUNCIL MEETING OF OCTOBER 29, 2024, AT 9:02 PM. 4 AYES Respectfully submitted, Sara Ludwig, City Clerk 9