City Council Workshop

AGENDA City Council Workshop The City Council workshop will be held via Zoom. Zoom is an online platform that allows persons to “attend” the meeting via video or telephone. View Workshop at: https://zoom.us/j/94687354151?pwd=NTFlMFJXUlNzTE1QU1pNUmN2b1F1QT09 from a PC, Mac, tablet, iPhone, or Android device. Or listen to the discussion by phone by calling 1-312-626-6799 and entering Meeting ID: 946 8735 4151, and Passcode: 143268, when prompted. While the workshop is available for public viewing, public comment will not be taken during the meeting. Workshop February 9, 2021 Council Chambers 5:00 PM Business Assistance 5:30 PM Attorney Thomson: Open Meeting Law, Serial Meetings, Other 6:15 PM Proposed Policy: Cellphone and Other Reimbursements 6:25 PM Lobbying Strategy for Local Option Sales Tax: Flaherty & Hood, P.A. 6:50 PM Proposed Code Amendment: Chapter 10 – Liquor, Distilleries 6:55 PM Recess for Regular Meeting WORKSHOP CONTINUES AFTER REGULAR MEETING Presbyterian Homes and Reuter-Walton (30 minutes) Proposed Policy: Proclamations (5 minutes) Council Topics (15 minutes) Adjourn  COUNCIL MEMORANDUM To: Honorable Mayor and City Council From: Bob Streetar, Community Development Director Linnea Graffunder-Bartels, Sr. Community Development Specialist Date: February 9, 2021 Subject: Options for Additional Assistance to Businesses Affected by COVID-19 Pandemic BACKGROUND The City Council requested information about available financial resources to aid businesses that have been negatively impacted by the COVID-19 pandemic, particularly those businesses impacted by closures via Executive Orders. The Council also requested information about what else could be done to support local businesses impacted by the pandemic. Information about assistance programs currently and previously available to local businesses is provided in Attachment A. A summary of federal, state, and local business aid awarded to Oakdale businesses to date is provide in Attachment B. A list of Oakdale businesses closed via Executive Orders 20-04, -08, and -99 is provided in Attachment C. A list of affected Oakdale businesses by assistance received is provided in Attachment D. Oakdale Businesses Impacted by Economic Effects of the Pandemic Since March 2020, there have been several rounds of specific business closures or reduced operating capacity implemented through executive orders. While all non-critical businesses were closed during the general stay-at-home order of spring 2020, a subset of businesses were specifically closed longer and/or repeatedly via Executive Orders 20-04, -08, and -99. Those businesses include: a. Bars, restaurants, and cafes b. Theaters and entertainment venues c. Salons and other personal services such as nails, massage, tattooing, etc. d. Gyms, fitness centers, pools, and other recreational facilities e. Country clubs, golf clubs, athletic clubs, and similar In Oakdale, there are approximately 65 businesses that were closed via these executive orders. This subset represents 10% of the approximately 650 businesses in Oakdale. A list of Oakdale businesses impacted by Executive Orders 20-04, -08, and -99 is provided in Attachment C. Financial Aid for Affected Businesses There have been many programs available at the federal, state, and local levels to provide financial assistance to businesses impacted by the pandemic. A list of all programs available now and in the past is provided in Attachment A. At least $31,092,610 has been awarded to Oakdale businesses in the past year to mitigate the effects of the pandemic (See Attachment B). Of the approximately 65 Oakdale businesses closed via Executive Order, there are 35 which are not known to have received any assistance to date. All of these businesses have been eligible for the City’s COVID Business Recovery Loan, and most, if not all, of the county, state, and federal programs. Options for Further Business Assistance To further assist local businesses closed via Executive Order, the Council could offer small forgivable loans. These forgivable loans could be in an amount of $500-$1,000 per business, the cost of which is illustrated in the table below. Forgivable loans could be targeted to those 35 impacted businesses who are not known to have received any assistance, or they could be made available to all businesses closed via Executive Orders 20-04, 20-08, and 20-99 (except those 7 businesses that have already received a CRBL deferred loan). LOAN SIZE OPTIONS COST FOR 35 BUSINESSES COST FOR ALL 58 BUSINESSES $500 forgivable loan $17,500 $29,000 $750 forgivable loan $26,250 $43,500 $1,000 forgivable loan $35,000 $58,000 The forgivable loans could be administered as a subset of the existing COVID Recovery Business Loan program. Like the standard CRBL, businesses would still need to demonstrate eligible expenditures in order to be reimbursed. Businesses would not be eligible for both the deferred loan and the forgivable loan, they would need to choose one. Forgiveness would be granted if the business continues operations until at least September 30, 2023. The CRBL policy loan terms could be amended to offer either a deferred loan (no change to terms) or a forgivable loan with the following terms: a) Forgivable loan a. Principal maximum: ($500-$1,000 depending on Council direction) b. Interest Rate: 0% c. Term: 36 months or Sept 30, 2023, whichever is sooner d. Payment: deferred, forgiven if business remains in operation through September 30, 2023 In addition to forgivable loans, the Council may wish to consider recapitalizing the CRBL fund. The CBRL was established with $100,000, of which $20,039.75 remains undesignated. This remaining funding will support at least two more deferred loans. Additional funding would allow more businesses to receive assistance before the program ends April 1, 2021. QUESTIONS FOR COUNCIL DISCUSSION 1) Does the Council wish to provide forgivable loans to businesses closed via Executive Orders in 2020? 2) If yes, what amount of forgivable loan does the Council wish to provide? 3) If yes, which businesses should be eligible for the forgivable loan (only those that haven’t received other public assistance, or any business closed under EO 20-04, 20-08, or 20-99)? 4) Does the Council wish to recapitalize the CRBL fund? ATTACHMENTS A. List of federal, state, and local programs offering financial assistance to businesses B. Summary of financial assistance to Oakdale businesses given to date C. List of Oakdale businesses subject to closure under executive orders D. List of Oakdale businesses that received any public assistance  ATTACHMENT A # Public Assistance Programs Type Availability Federal 1 Paycheck Protection Program (PPP) Forgivable Loan Open 2 Economic Injury Disaster Loan Program Low Interest Loan Open (EIDL) State 3 Small Business Emergency Loan (SBEL) Low Interest Loan Closed 4 Small Business Recovery Grant (SBRG) Grant Closed 5 Business Relief Payments Direct Payment Closed 6 Shared Work Program Layoff Prevention/Partial Open Unemployment Benefits County 7 Local Business Relief Grant Grant Open City 8 COVID Recovery Business Loan Def. Loan / 0% Interest Open 9 Liquor License Rebate Partial Rebate Closed 10 Used Auto Dealer License Rebate Partial Rebate Closed  ATTACHMENT B Oakdale Businesses Total Public Assistance Programs Type Served Amt. Federal Paycheck Protection Program Forgivable Loan 184 Under $150,000 157 $6,121,674 Over $150,000 - $10,000,000 27 $20,000,000 State Small Business Emergency Loan Low Interest Loan 5 $160,000 Economic Injury Disaster Loan (EIDL) Low Interest Loan 74 $3,962,700 County Local Business Relief Grant Grant 49 $719,270 City Covid Recovery Business Loan 3 Yr. Def. Loan / 0% 7 $70,000 Liquor License Rebate Partial Rebate (2020) 22 $58,466 Used Auto Dealer License Rebate Partial Rebate (2021) 4 $500 319 $31,092,610 *Zoning Ordinance Amendment - Outdoor Patio Dining  ATTACHMENT C # Oakdale businesses closed via EO-04,-08, -99 and in business prior to March 2020 1 Marcus Theatre 5677 Hadley Ave. N 2 Crowley's Gymnastics Center 1310 Gentry Ave N 3 Spartan Martial Art Gym 432 Hayward Ave N 4 Legacy Dance Studio 7153 10th St N 5 Goldfish Swim School 7055 10th St N Ste 100 6 Anytime Fitness 7077 10th St N 7 Big Thrill Factory Oakdale 7053 10th St N 8 LA Fitness 7360 33rd St N 9 Oak Marsh Golf & Grille 8272 4th St N 10 Rising Star Gymnastics 520 Hayward Ave. N. 11 Sky Zone Trampoline Park 595 Hale Ave N 12 Sport Clips 8340 3rd St N # B 13 $5 Pizza/Jake's Pizza 7165 10th St N 14 Sarpino's 1803 Geneva Ave N 15 Ugly Putters Indoor Golf Club 1799 Geneva Ave N 16 Brothers Event Center 7133 10th ST N 17 PINZ 7520 32nd St N 18 Bambu Kitchen & Sushi Bar 7061 10th St N 19 Buffalo Wild Wings Grill & Bar 8346 3rd St N 20 Burger King 7051 10th St N 21 Caribou Coffee 6014 Highway 36 N 22 Caribou Coffee 7009 10th St N 23 Catrinas Cerveza-Mexican Grill 1091 Geneva Ave N 24 D-Spot 7129 10th St N 25 Duke's Pizza-Pub-Grill 1285 Geneva Ave N 26 Five Guys 8360 3rd St N 27 Hardee's 7099 11th St N 28 Wahlburgers/Market Grille 7180 10th St N 29 IHOP 7680 10th St N 30 Jade 88 1181 Geneva Ave N 31 JW's Bierstube 7121 10th St N 32 KFC 7037 10th St N 33 McDonald's 7830 32nd St N 34 Olive Garden Italian Kitchen 8367 3rd St N 35 Pizza Man 1025 Helmo Ave N 36 Randy's Pizza Salute 6030 50th St N #3 37 Red Lobster 8350 3rd St N 38 Rocco's Pizza 1951 Geneva Ave N 39 Sgt Peppers Grille & Bar 930 Helena Ave N 40 Shar'Els Café 6030 50th St N 41 Starbucks 7120 10th St N 42 SUBWAY 1191 Geneva Ave N 43 SUBWAY 6952 33rd St N 44 Taco Bell 7049 10th St N 45 Taco John's 1010 Gershwin Ave N 46 Taco Libre 8364 3rd St N 47 Teriyaki Madness 8366 3rd St N 48 Titan's Sports Saloon 1267 Geneva Ave N 49 Wild Boar Bar & Grill 950 Helena Ave N 50 Inwood Oaks 484 Inwood Ave N 51 Luxury Hair Bar 1955 Geneva Ave N 52 Daisy Nails 1957 Geneva Ave N 53 Fantastic Sams 1023 Helmo Ave N 54 First Nails 7145 10th St N 55 Modern Nail 1027 Helmo Ave N 56 Iris Nails 1049 Helmo Ave N 57 Great Clips 6976 33rd St N 58 Great Clips 7169 10th St N 59 Jade Salon 5711 Hadley Ave N 60 Studio 99 1355 Geneva Ave STE 100 61 Cavalier Barbers 6080 12th St N 62 Oak Tan 7093 10th St N 63 Sato Barber Shop 1969 Geneva Ave N 64 Skin City Inc 1963 Geneva Ave N 65 Victoria Nails & Spa 8362 3rd St N  ATTACHMENT D Business Liquor License # Business Name PPP* EIDL SBEL Relief Pmts County Grant CBRL Rebate 1 Marcus Theatre X 2 Crowley's Gymnastics Center * X 3 Spartan Martial Art Gym * 4 Legacy Dance Studio * X 5 Goldfish Swim School * X 6 Anytime Fitness X X * X X 7 Big Thrill Factory Oakdale * X 8 LA Fitness * 9 Oak Marsh Golf & Grille X * X X X 10 Rising Star Gymnastics * 11 Sky Zone Trampoline Park 12 Sport Clips 13 $5 Pizza/Jake's Pizza * 14 Sarpino's * 15 Ugly Putters Indoor Golf Club * X X X 16 Brothers Event Center * X X X 17 PINZ * X 18 Bambu Kitchen & Sushi Bar X * X X 19 Buffalo Wild Wings Grill & Bar * X 20 Burger King * 21 Caribou Coffee * 22 Caribou Coffee * 23 Catrinas Cerveza-Mexican Grill X * X X 24 D-Spot * X X 25 Duke's Pizza-Pub-Grill * X 26 Five Guys * 27 Hardee's * 28 Wahlburgers * X 29 IHOP * 30 Jade 88 * 31 JW's Bierstube * X X 32 KFC * 33 McDonald's * 34 Olive Garden Italian Kitchen * X 35 Pizza Man * 36 Randy's Pizza Salute * X X 37 Red Lobster * X 38 Rocco's Pizza * 39 Sgt Peppers Grille & Bar X * X X X 40 Shar'Els Café * 41 Starbucks * 42 SUBWAY X X * 43 SUBWAY * 44 Taco Bell * 45 Taco John's * 46 Taco Libre * X 47 Teriyaki Madness * X 48 Titan's Sports Saloon * X 49 Wild Boar Bar & Grill X X * X 50 Inwood Oaks * X 51 Luxury Hair Bar X X 52 Daisy Nails 53 Fantastic Sams X 54 First Nails 55 Modern Nail 56 Iris Nails 57 Great Clips 58 Great Clips 59 Jade Salon 60 Studio 99 61 Cavalier Barbers 62 Oak Tan 63 Sato Barber Shop 64 Skin City Inc 65 Victoria Nails & Spa X NOTES: 1) PPP data by business name is only available for recipients that received $150,0000 or more. 2) The MN Dept of Revenue sent eligible businesses a Business Relief Payment in January 2021. Information about recipients is not available, however those businesses that may have been considered eligible are marked with an asterisk (*). Actual receipt is unknown. 3) Highlighted businesses are those that are not known to have recevied any assistance.  COUNCIL MEMORANDUM To: Honorable Mayor and City Council From: Christina Volkers, City Administrator Date: February 9 2021 Subject: Attorney Presentation: Open Meeting Law, Serial Meetings, More At Tuesday’s workshop, Attorney Thomson will provide an overview of the Open Meeting Law, discuss serial meetings, and provide additional information pertinent to elected officials.  COUNCIL MEMORANDUM To: Honorable Mayor and City Council From: Chelsea Petersen, Administrative Services Director Sue Barry, City Clerk Bahea Manasra, Administrative Services Intern Date: February 9 2021 Subject: Proposed Policy: Cellular Telephone and Other Reimbursements (Revised 2/8/2021) The city reviewed its policies, procedures, labor contract language, and process for reimbursements and allowances for employees for items they pay for personally and use for their jobs, such as cellular phones, clothing, footwear, safety glasses or eyewear, licenses, watches, and outerwear. After such review, the city determined that it needed to modify such to make it clearer whether they are taxable or not. Current policy and/or labor contract language likely makes such reimbursements or allowances subject to taxes. To provide employees the option of either receiving such as a taxable fringe benefit payment or non-taxable reimbursement, city administration is hereby recommending that the City Council approve the revised Policy PE-003 Cellular Telephone and Other Reimbursements. In addition, the city will be updating its request form and internal guidance to determine the appropriate amounts and taxability for such payments. The city communicated to the unions about this issue before the labor contract language required payment of such in January 2021 and asked whether they desired to postpone the payment so employees would have the option or continue with the payment as established in the labor contract that would make such payment subject to taxes. The LELS Local 197 and Teamsters Local 320 bargaining units elected to continue with the current payment that is taxable while the IBEW Local 110 and IAFF 5175 bargaining units elected to postpone this payment until the city established a process to provide the employees with a nontaxable option. The City will be working with the bargaining units that elected to postpone the payment on implementing any deviation from their contract language to address the revised policy. Staff requests that formal adoption of the policy occur at the February 9 Regular Meeting; the policy is listed under Administrator Report.  Standard Operating Policy City of Oakdale Policy Number: PE-003 Pages: 12 Subject: Cellular Telephone Usage and Other Reimbursements Date Approved: 1994 Amended: 2019, 2021 1.0 Introduction 1.1 Cellular telephones (cell phones) are used to increase the efficiency of services provided by the City 1.2 T of Oakdale. This policy addresses requirements that must be met when a City employee is reimbursed for using their personal cell phone for City business and to regulate the use of city- owned cell phones, when applicable. Other reimbursements may be considered for reimbursement as noted below; such as uniforms or other work-related clothing, footwear, safety glasses or eyewear, licenses, watches, outerwear, or other work-related items. 2.0 2.1 2.2 2.0 AF Generally The purpose is to provide guidelines and procedure for employees to request reimbursement for the outlined expenses. All requests for reimbursement shall be made on the expense reimbursement form, and shall be subject to approval by the Department Head or Finance Director, and the City Administrator. The City of Oakdale reserves the right to refuse reimbursement for items not related to city business, for items lacking proper documentation, and for those items that do not have proper authorization. 3.0 Policy 2.1 When an employee is required to conduct City business using a cell phone, the City will generally provide the employee with a stipend or reimburse the employee for use of a personal cell phone. R Alternatively, the City can provide the employee with a City-owned cell phone. 2.2 City-owned and managed cell phones shall be provided to certain employees when it has been determined to be an appropriate option by the City Administrator or Administrative Services Director. 2.3 When an employee is provided with a stipend or reimbursement, the employee will, in exchange, agree to have an operating and functioning cell phone at all times that the employee is not on leave, and that the City will be provided with the cell phone number and shall be able to D contact the employee at that number whenever it is necessary. 2.4 When a City-owned cell phone is utilized by the employee, personal telephone calls will be acceptable only in limited circumstances and shall be as brief as possible. Employees shall also understand that any information pertaining to city business made on either a personal or City- owned cell phone is public information and not the employee’s private data. 2.5 All employees are expected to follow applicable local, state, and federal laws and regulations regarding the use of cellphones at all times. In accordance with Minnesota law, employees are required to use hands-free operations or pull off into a parking lot and safely stop the vehicle before placing or accepting a call. Reading/sending text messages, making or receiving phone calls, emailing, video calling, scrolling/typing, accessing a webpage, or using non-navigation applications while driving is strictly prohibited. Employees who are charged with traffic violations resulting from the use of their phone while driving will be solely responsible for all liabilities that result from such actions.  2.6 In accordance with State law, there is an exception to hands free cell phone operations to obtain emergency assistance to report a traffic accident, medical emergency, or serious traffic hazard, or to prevent a crime from being committed. There is also a State law exception for authorized emergency vehicles while in the performance of official duties. 2.7 Employees shall notify their immediate supervisor if stopped or charge by law enforcement for violating this policy and/or state law while operating a city vehicle. Failure to do so may result in disciplinary action. 3.1 Annually, unless otherwise specified in applicable labor agreements, employees will be given the option of choosing an allowance or reimbursement for expenses outlined in this policy and must submit said choice to HR annually as required. T 3.2 If an employee opts for an allowance, payment will be provided in a lump-sum with no proof of expenses necessary, and is considered a fringe benefit which is subject to payroll taxes and withholdings. 3.3 If an employee opts for a reimbursement they must provide proof of allowable expense and will AF only be reimbursed for costs incurred. Employees that wish to receive a reimbursement must submit an expense reimbursement form and the original proof of payment. It is recommended that employees submit expense reimbursements quarterly or bi-annually within the fiscal year. After year-end, a thirty day grace period will be allowed to accommodate billing cycle delays. 3.4 The amounts may be approved and maximums will be as established by the City Administrator. 4.0 Cellular Phones 4.1 When an employee is required to conduct City business using a cell phone, the City will generally provide the employee with an allowance or reimburse the employee for use of a personal cell phone. Alternatively, the City can provide the employee with a City-owned cell phone. 4.2 When an employee is provided with an allowance or reimbursement, the employee will, in exchange, agree to have an operating and functioning cell phone number and shall publish the phone R number in internal directories as appropriate and shall be able to contact the employee at that number whenever it is necessary. 5.0 Policy – Other Reimbursements 5.1 Many employees are required to wear a particular uniform, require specific clothing or outerwear items for their position, or are otherwise granted an allowance or reimbursement for work-related items and therefore are granted city funds to purchase these items. Reimbursable items could include: D uniforms or other work-related clothing, footwear, safety classes or eyewear, licenses, watches, outerwear, or other work-related items. The exact items and amounts are outlined in an employee’s labor agreement, or are subject to the City Administrator’s approval for employees that do not belong to a labor agreement.  COUNCIL MEMORANDUM To: Honorable Mayor and City Council From: Christina Volkers, City Administrator Date: February 9 2021 Subject: Flaherty & Hood, P.A Representatives from Flaherty & Hood will attend the February 9 workshop to provide an update on the status of the city’s local option sales tax bills (HF187 and SF123) and discuss the associated legislative strategy.  COUNCIL MEMORANDUM To: Honorable Mayor and City Council From: Mai Xiong, Licensing Clerk through Christina Volkers, City Administrator Date: February 9 2021 Subject: Proposed Code Amendment: Chapter 10 Liquor, Distilleries It is requested that Chapter 10 of the City Code be amended to allow distilleries and microdistilleries the option of selling their liquor produced via off-sale. A request for this code amendment was brought forth by Lucky Guys Distillery, an Oakdale business located at the 4Front Campus. They contacted the City of Oakdale requesting a code amendment to allow selling their liquor off-sale. Lucky Guys has been in production for a period of time but it took staff some time to research potential code changes. Staff turned to the State of Minnesota Liquor Control to acquire definitions for distillery, distilled spirits, and microdistillery. In addition, a number of municipalities in the metro area, including Cottage Grove, Maplewood, Stillwater, and Woodbury have adopted codes relating to off-sale licenses for distilleries and microdistilleries and staff utilized their code language to craft a proposed amendment for Oakdale. The $200 fee relating to distillery/microdistillery off-sale was established in early 2020. Per a goal of the City Council to do a comprehensive review of the entire Code of Ordinances, staff is preparing a plan to discuss the remainder of Chapter 10 (Liquor Control and Lawful Gambling) with the City Council at a future date. One aspect of the update will be to expand the definition section to include breweries, tap rooms, and other definitions relating to liquor. However, at this point in time, staff is asking the City Council consider amending the liquor code in response to Lucky Guys’ request and is recommending an ordinance amendment that offers definitions for distilleries and microdistilleries as well as language that will allow off-sale by same. If the City Council is supportive of the attached code amendment to Chapter 10 – Liquor, relating to off-sale at distilleries/microdistilleries, staff will post it on the city’s web page, as required, and bring back a request for formal adoption to the February 23 regular meeting.  PROPOSED ORDINANCE TO BE CONSIDERED BY THE CITY COUNCIL ON FEBRUARY 23, 2021 City of Oakdale ORDINANCE xxx AMENDING CHAPTER 10 – LIQUOR CONTROL, ARTICLE 2 – GENERAL CONDITIONS, OF THE OAKDALE CODE OF ORDINANCES, TO INCLUDE DISTILLERIES. The City Council of the City of Oakdale hereby ordains: Section 1. Chapter 10, Article 2 of the Code of Ordinances is hereby amended as follows: ARTICLE 2. GENERAL CONDITIONS Sec. 10-02. License Required. No person may directly or indirectly, upon any pretense or by any device, sell, barter, keep for sale, charge for possession, or otherwise dispose of alcoholic beverages as part of a commercial transaction without having obtained the required license or permit. Sec. 10-03. Definitions. All words, terms and phrases when used in this chapter, shall have the meanings ascribed to them in Minn. Stat., Chap. 340A.101 et seq., except where the context clearly indicates a different meaning. (a) Distillery. “Distillery” is a place where distilled spirits is manufactured. (b) Distilled spirits. "Distilled spirits" is ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin, and other distilled spirits, including all dilutions and mixtures thereof, for nonindustrial use. (c) Microdistillery. "Microdistillery" is a distillery operated within the state producing premium, distilled spirits in total quantity not to exceed 40,000 proof gallons in a calendar year. Sec. 10-3 04. Types of Licenses. Licenses issued under this Chapter shall be of the following general types: (1) On-Sale Intoxicating Liquor License. An on-sale intoxicating liquor license may only be issued to the following establishments: (a) Hotels; (b) Restaurants, as defined by Minn. Stat., Chap. 340A, having a minimum seating capacity of 30 guests; (c) Bowling centers; (d) Clubs or congressionally chartered veterans’ organizations with the approval of the state commissioner, provided that the organization has been in existence for at least three years and liquor sales will only be to members and bona fide guests; and (e) Exclusive liquor stores. (2) On-Sale Wine License. An on-sale wine license may only be issued with the approval of the state liquor control commissioner to a restaurant having facilities for seating at least 25 guests at one time. Subject to Council approval, the holder of an On-Sale Wine license, who is also licensed to sell 3.2 Malt Liquor at on-sale and whose gross receipts are at least sixty percent attributable to the sale of food, may be issued an endorsement to said On Sale Wine license permitting the sale of Intoxicating Malt Liquors at on-sale without an additional license. (3) Temporary On-Sale License. A temporary on-sale intoxicating license, authorizing the sale of intoxicating liquor for not more than four consecutive days, may be issued only to the following in connection with a social event occurring within the city sponsored by the licensee: (a) A club or charitable, religious, or other nonprofit organization in existence for at least three years; (b) A political committee registered under Minn. Stat. 10.A14; or (c) A state university. (4) Off-Sale Intoxicating Liquor License. An off-sale intoxicating liquor license may be issued only to an exclusive liquor store in the city with the approval of the state liquor control commissioner. (5) On-Sale 3.2 Percent Malt Liquor License. An on-sale 3.2 percent malt liquor license may only be issued to drugstores, restaurants, hotels, clubs, bowling centers, golf courses, and establishments used exclusively for the sale of 3.2 percent malt liquor with the incidental sale of tobacco and soft drinks. (6) Off-Sale 3.2 Percent Malt Liquor License. An off-sale 3.2 percent malt liquor license may be issued permitting the sale of 3.2 percent malt liquor for consumption off the licensed premises only. (7) Temporary On-Sale 3.2 Percent Malt Liquor License. A temporary on-sale license for the sale of 3.2 percent malt liquor may be issued to a club or charitable, religious, or nonprofit organization and may authorize the sale of 3.2 percent malt liquor in any school or school buildings. (8) On-Sale Sunday License. An On-Sale Sunday license authorizing the sale of intoxicating liquor on Sundays may be issued to a restaurant, club, bowling center, or hotel with a seating capacity for at least 30 persons and which holds an on-sale intoxicating liquor license. (9) Optional On-Sale 2 AM Closing License. A license may be issued to a licensee permitting the on- sale of intoxicating liquor or 3.2 percent malt liquor between the hours of 1:00 a.m. and 2:00 a.m. with the approval of the state liquor control commissioner. (10) Off-Sale Microdistillery license. A microdistillery may be issued an off-sale license of distilled spirits, with the approval of the commissioner. The license may allow the sale of one 375 milliliter bottle per customer per day of product manufactured on site, subject to the following requirements: (a) Off-sale hours of sale must conform to hours of sale for retail off-sale licensees; and (b) No brand may be sold at the microdistillery unless it is also available for distribution by wholesalers. Sec. 10-4 05. Persons eligible. Sec. 10-5 06. Application for License; Initial, Renewal, Change of Ownership or Business Control of Licensed Premises.  COUNCIL MEMORANDUM To: Honorable Mayor and City Council From: Bob Streetar, Director Community Development Date: 2 February 2021 Subject: Presbyterian Homes – Helmo Station; Reuter Walton – Greenway Station This memorandum provides additional information and seeks Council direction regarding the Presbyterian Homes Senior Housing project, and a very preliminary proposed affordable housing project at Greenway Station on Hudson Boulevard. It is important to note, that while the Council did discuss Presbyterian Homes and their request for TIF in a recent workshop, the following is new and additional information provided for you to consider and discuss. It was recommended by staff and the City Administrator to provide/discuss this information, and the Mayor subsequently requested it be put on this workshop agenda. Presbyterian Homes; Helmo Station Background: Presbyterian Homes would like to construct 131 senior housing units at Helmo Station. One-hundred and five (80%) units would be available to senior households at market rate rents, while 26 units (20%) would be available at rents affordable to senior households earning no than 50% of the area medium income (AMI). An affordable rent is a rent that does not exceed 30% of the household’s annual income. In the table below, Presbyterian homes would target senior households earning no more than $36,200 to $41,400 annually depending on household size. Affordable rents for 1-person and 2-person households, earning 50% of the AMI, would be $820 to $971 for an efficiency or 1-bedroom unit, and $1,214 for a 2-bedroom unit. The table also identifies the difference between an affordable and market rate rent, highlighting the need for housing that is affordable to cost burdened lower-income households. Tax Increment Analysis: Presbyterian Homes Option: Based upon a very preliminary tax increment analysis, the Presbyterian Homes project is estimated to generate $282,740 per year in tax increment. The tax increment assistance needed to make the 26 units affordable is estimated to be $228,360 per year, leaving a surplus of approximately $54,380 per year. This surplus could be distributed annually to taxing entities. The city’s share of this surplus is estimated to be 37.2% or $20,246 and could be used for additional spending, property tax reduction or a combination of both. The amount represents .17% of the city’s 2021 property tax levy of $11,630,057. If used entirely for property tax reduction the city’s portion of the property tax, for the median value home of $276,800, would result in a decrease of .17%, from $1,023.70 to $1,021.92 or $1.78 per year/15 cents per month. In addition, if the city chose to provide tax increment to Presbyterian Homes, the City could require that Oakdale residents be given priority for the market rate and affordable units. This would be done through preliminary marketing whereby for 90-120 days before marketing to the general public, Presbyterian Homes would have a target marketing campaign to Oakdale residents only. This has been done in other communities. Minnetonka, for example, has done this twice recently, and has found it is effective. Market Rate Option: By way of comparison, if the Council chose to wait for a totally market rate project and assuming Presbyterian Homes would do a totally market rate project, the $223,360 that is being used to provide affordable housing for seniors would be distributed to taxing jurisdictions. The city’s share would be approximately 37.2% or $83,089. This represents .71% of the city’s 2021 property tax levy of $11,630,057. This could be used for additional spending, property tax reduction or a combination of both. If used entirely for property tax reduction the city’s portion of the property tax, for the median value home of $276,800, would result in a decrease of .17% from $1,023.70 to $1,016.39 or $7.31 per year/61 cents per month. Current Affordable Housing Tax Increment Districts: The two current Housing TIF districts, (Eastwood Village, Echo Ridge) will terminate in 2022/23 respectively. If this tax base was available for 2021, it would have increased the net tax capacity “tax base” by 238,487 (.79%) because this tax base is no longer needed to pay for costs associated with making these projects affordable. This tax base could be used for additional spending, property tax reduction or a combination of both. Had the city has this tax base been available in 2021, the city could have increased spending by $92,312 while maintaining the same tax rate. If used entirely for property tax reduction, the city’s portion, for the median value home of $276,800 would have seen a decrease of .79% from $1.023.70 to $1,015.64 or $8.06 per year/67 cents per month. In summary, the Council has two options. The first option is to provide the Presbyterian homes project with tax increment financing so they can construct 131 units of housing, with 26 units fordable to senior households earning 50% of the AMI or less. Based upon a very preliminary analysis there is sufficient tax increment to do so. In addition, Oakdale residents would be given priority, through premarketing, for the market rate and affordable units. This option is supported by the City adopted Comprehensive Plan and reflects a significant need in the 7- county region. The second option is to wait for a totally market rate project. Using the Presbyterian Homes project as an example, and assuming this revenue was available for the 2021 budget, the city would have up to an additional $83,089 of revenue or a tax reduction of $7.31 per year for the median value home. Currently, there are no developers willing to do a market rate project nor has the Council specifically identified additional expenditures or a plan for property tax reduction. Lastly, the City will see an increase in the tax base in 2022/23 which would, if using the 2021 budget provide up to an additional $92,312 per year or a property tax reduction of $8.06 per year for the median value home. This tax base increase has already been included in the City’s financial forecasts. 2 Guidance Requested: Does the Council want to provide tax increment financing to the Presbyterian Homes Project? Reuter-Walton; Greenway Station Developer, Reuter-Walton, desires to construct an affordable housing project on the vacant lot “outlot B.” After reading the City’s Greenway Station Plan, the land owner’s broker secured, via a purchase agreement, developer Reuter Walton. The purchase agreement runs through the end of 2021. In effect, the developer must secure all the necessary city approvals and close by the end of 2021. In preliminary conversations, the developer contemplates constructing between 70 and 130 units with a percentage of the units being affordable. At this time the exact number of total or affordable units is undetermined. The developer has inquired about the City’s willingness to provide tax increment financing to support the affordable units. At this time, this proposal is too preliminary to complete a preliminary tax increment analysis. The Greenway Station Area Plan calls for multi-family housing at this location in densities between 20 and 50 units per acre. See graphic below. While its possible, and even though it would be located next to the BRT station, it’s not very probably that this site will attract a total market rate project because of the adjacent uses, few park/open space 3 amenities in this area, and the traffic noise of I-94. There are just too many other better locations for market rate housing. The concern is, if the Council chose not to provide tax increment financing, the developer will leave, and the land owner would pursue a small commercial building which would essentially kill the Greenway Station Area Plan. The plan calls for higher density housing because its more transit supportive, in terms of the number of riders it generates. Small commercial buildings don’t generate many, if any, transit riders. So, the Council could agree to provide tax increment financing, understanding there are many details to be worked out such as the number of affordable units, and term of affordability and the household income to be served. If the Council chose not to, then staff would recommend the Council reguide and rezone this parcel to as to prevent any development that is not in conformance with the Greenway Station area Plan. Guidance requested Does the Council want to provide tax increment financing to Reuter Walton for their Greenway Station area project? NOTE: While Council direction is requested on each of these issues, the next step may be for a formal discussion and vote at an upcoming Council meeting. 4  COUNCIL MEMORANDUM To: Honorable Mayor and City Council From: Chelsea Petersen, Administrative Services Director Sue Barry, City Clerk Bahea Manasra, Administrative Services Intern Date: February 9 2021 Subject: Proposed Policy: Proclamations A proclamation is defined as “a ceremonial document that honors, celebrates, or creates awareness of an event or significant issue.” It is common practice for governments to make proclamations for a very wide variety of topics, from reoccurring state and national recognitions and issues to singular events. Over the past few years the city processed, on average, six proclamations per year. Proclamation requests made by outside persons/groups are reviewed by the Mayor and/or City Administrator and a determination made as to whether the request will be presented to the City Council. Oakdale passed the following proclamations from 2017 to 2020; some were brought forth by the city and some per requests from outside persons/groups: City Arbor Day (as required as part of the city’s Tree City USA designation) Parks and Recreation Month Public Works Week Outside Requests American Legion Century College Day Constitution Week Direct Support Professionals House of Prayer Church 50th Anniversary Mental Health Awareness Minnesota State Capitol Grand Opening Oak Meadows Senior Living 20th Anniversary Pregnancy and Infant Loss Rotary Club Small Business Saturday Toastmasters Staff has been asked to draft a policy that will formalize the city’s process and procedure relating to proclamations. The attached draft was crafted using proclamation policies in use by other communities, including Burnsville MN, Cedar Park TX, Carlsbad CA, Chandler AZ, Cleveland OH, and Port Townsend WA. If the City Council is supportive of the attached policy relating to proclamations, staff will bring back a request for formal approval to the February 23 regular meeting; the policy will be listed as a consent item.  PROPOSED Standard Operating Policy City of Oakdale Policy Number: MIS-019 Pages: 2 Subject: Proclamations Date Approved: 2021 1.0 Generally 1.1 Proclamations are ceremonial documents to honor, celebrate, or create awareness of an event or significant issue. Proclamations do not carry any legal authority. A proclamation issued by the city does not necessarily indicate the city’s endorsement of an individuals or organizations program or activity. 1.2 For proclamation requests made by individuals or organizations that pertain to a City of Oakdale event, person, organization, or cause with local implications, the city may issue a proclamation and will consider requests that are timely, have potential relevance to a majority of Oakdale’s population, and call upon the support of the community. 1.3 For proclamation requests made by individuals or organizations that are not part of the City of Oakdale, the city may issue a proclamation, at no charge, to recognize an individual(s) or an organization(s) for an outstanding achievement in the community, special event(s), or day(s) that are noteworthy or historically significant. 1.4 Proclamations will not be issued for commercial purposes, such as the opening of a new business, business anniversaries, a new service, a new product, or a new professional service. 1.5 Proclamations will not be issued for matters of political controversy, ideological or religious beliefs, sexual themes, individual conviction, events or organizations with no relationship to the City of Oakdale, or campaigns or events contrary to city policy. 1.6 Proclamations will not be issued for deceased persons, retirements, birthdays, weddings, wedding anniversaries, or family reunions. 2.0 Requesting a Proclamation 2.1 Proclamation requests must be made in writing, emailed or hard copy, to the City Clerk at least 10 days prior to the date to be proclaimed or the date the document will be presented. Each request must be accompanied by the name and contact information for a person who can answer questions relating to the proclamation request. 2.2 Proclamation requests must include: (1) A minimum of four facts about the subject matter, (2) specific title of what is being proclaimed, (3) date proclamation is to be presented, if appropriate, and (4) name and a mailing address to receive the final signed proclamation. 2.3 The Mayor and the City Administrator of the City of Oakdale will review all proclamation requests and make a final decision on whether a proclamation will be considered. The Mayor and City Administrator reserve the right to modify or reject any proclamation request. All requests are reviewed on a case-by- case basis. 2.4 If the Mayor and City Administrator determine that the proclamation request meets the intent of this policy, the City Administrator shall place the proposed proclamation on the earliest agenda, under the Open Forum portion of the agenda, taking into account other items needing City Council attention 2.5 If any member of the City Council objects to the proposed proclamation, they should advise the Mayor in advance of the meeting and when the proposed proclamation is up for consideration, request a vote on the proposed proclamation prior to its reading. If the measure fails to achieve the required majority vote, the proposed proclamation will be read and considered approved. 2.6 The City Clerk shall provide two copies of the proclamation to the Mayor to sign; one original will be kept on file at City Hall following the State of Minnesota Records Retention Schedule; the second original will be provided to the requestor. 2.7 The City Clerk shall post a copy of the approved proclamation on the city’s web page and also mail the proclamation to the requestor the following business day, unless arrangements have been made that the requestor will pick up the signed proclamation at Oakdale City Hall.