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/94017732722?pwd=akNFZXRKbmI5RWd5bHJNdU1VaFBadz09 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: 940 1773 2722, and Passcode: 740782, when prompted. While the workshop is available for public viewing, public comment will not be taken during the meeting. Workshop April 13, 2021 Council Chambers 5:00 PM Summerfest Update 5:15 PM 4Front Expansion 5:45 PM Proposed Policies: Social Media, Donations to Parks 6:15 PM 10th Street Access Closure (continued) 6:35 PM Council Topics 6:50 PM Adjourn for Regular Meeting  COUNCIL MEMORANDUM To: Honorable Mayor and City Council From: Alyssa MacLeod, Communications Specialist on behalf of the Summerfest Committee Date: April 13, 2021 Subject: Summerfest Update At the April 13 Council Workshop, representatives from the Summerfest Committee will provide a verbal update on the planning of the 2021 Summerfest event.  COUNCIL MEMORANDUM To: Honorable Mayor and City Council From: Emily Shively, Planner Date: April 13, 2021 Subject: PUD Ordinance Amendment for the 4Front Office and Industrial Area INTRODUCTION Slumberland and United Properties are requesting a Planned Unit Development zoning ordinance amendment to permit additional uses on a portion of the west expansion area of the 4Front Technology and Office Campus in order to facilitate up to 310,000 square feet of new construction. This memorandum presents and evaluates the request. BACKGROUND The 4Front Technology and Office Campus encompasses 122 acres located on County Road 14, abutting the Willowbrooke neighborhood to the north, and running from I-694 on the west to Ideal Avenue North on the east (see Attachment A: Location Map). The campus is guided Business Campus in the 2040 Comprehensive Plan allowing for Corporate Offices, Light Manufacturing uses, and Office uses. The Planned Unit Development (PUD) zoning for the campus allows for Office uses and Research and Development uses. This special zoning district was created when 3M owned the property (along with the land to the north that is now Willowbrooke). The PUD was created in 1995 to accommodate the world headquarters of 3M’s spinoff business Imation and create a multi-user business park for 3M and other office-industrial users. Imation went out of business several years ago and Slumberland purchased the campus in 2016 around the same time that the City was undertaking a small area planning process for the 3M land that is now the Willowbrooke neighborhood. Slumberland has rebranded the site as the 4Front Technology and Office Campus. The four buildings on the campus comprise a total of approximately 550,000 square feet and house a number of office and research and development companies. There are nearly 65 acres remaining to be developed – approximately 50 acres in the west expansion area and 15 acres in the east expansion area (see Attachment B: Future Development Areas). REQUEST Slumberland has partnered with United Properties to develop the vacant land in the west expansion area of the campus. Slumberland and United Properties (the “developers”) are proposing to designate four parcels for future development in this area (see Attachment C: Proposed Development Area). The developers are requesting that two new uses, Light Manufacturing and Office-showroom/Office- warehouse, be allowed in addition to the currently allowed Office and Research and Development uses on Parcel A. The developers have stated that there is a high demand for Light Manufacturing and Office-showroom/Office-warehouse space and allowing those uses would realize development on the site much sooner than waiting for an Office or Research and Development user. In this initial phase of development, they are proposing to construct up to 310,000 square feet of new space on Parcel A (approximately 24 acres adjacent to I-694). Depending on the number and type of businesses interested in this location, the site could be developed with either one large building or two smaller buildings (see Attachment D: Preliminary Site Plan Options). The developers have stated that typical businesses need approximately 20,000-60,000 square feet for their operations, so there could be several different users in the building(s). The preliminary site plans also show a new access drive on County Road 14 to the west expansion area. Washington County is working with the developers to evaluate the feasibility of a new access at that location. ANALYSIS A request for an ordinance amendment is evaluated by how well it achieves the goals and policies of the Comprehensive Plan, consistency with other provisions in the zoning ordinance, compatibility with adjacent land uses, and infrastructure capacity (roads, water, sewer, and storm sewer). The draft ordinance (see Attachment E: Draft Ordinance Amendment) is the product of conversations between staff and the developers with those criteria in mind and in a manner that provides certainty for the City, the developers, and future tenants of the campus. The draft ordinance amendment defines the area where the amendment applies (Parcel A), articulates the goals and purpose of the area, defines what terms and uses mean, and outlines the permitted and prohibited uses. The list of prohibited uses is intended to provide clarity as to what is allowed by addressing some uses that are clearly not intended for this area. Comprehensive Plan The Business Campus Future Land Use guiding of the 4Front campus area is intended for uses that provide high-quality employment opportunities (Corporate Offices, Light Manufacturing, Offices). The City’s economic development goals and policies include maintaining and increasing living wage jobs to provide a continually improving quality of life for all residents and attracting and retaining businesses that complement and diversity the City’s economic base. Staff is of the opinion that allowing Light Manufacturing and Office-showroom/Office-warehouse uses is consistent with the Business Campus guiding and will provide additional employment opportunities in a range of industry types that add to the diversification of the City’s economy. The draft ordinance contains a Purpose statement to reflect those goals and policies from the Comprehensive Plan. Zoning, Land Use Compatibility, and Infrastructure Capacity The PUD Concept Plan allows for up to 720,000 square feet of Office/Administration and Research and Development uses across 43 acres in the west expansion area (see Attachment F: PUD Concept Plan). Those uses would continue to be permitted under the draft ordinance amendment. The ordinance amendment allows two additional uses on 24 acres of the west expansion area (Parcel A): Light Manufacturing and Office-showroom/Office-warehouse. Light Manufacturing is a use where products are being made, assembled, improved, or packaged in a way that does not create noise, odor, or other nuisance conditions outside the building and does not require any outdoor storage. These are businesses like Park Tool on Hadley Ave. N. and Motion Tech Automation located in the Hale Ave. N. industrial park. Office-showroom/Office-warehouse uses are businesses with a percentage of the space devoted to office activities with the remainder of the space used for either display or storage of materials, goods, or equipment. An example is Ferguson Bath, Kitchen, and Lighting Gallery located on Hale Ave. N. 2 The draft ordinance amendment requires twenty-five percent of an Office-showroom/Office-warehouse space be dedicated to office activities since most of the job activity takes place in the office area and not the display/storage space. The current ordinance requires twenty-percent office space in Office- showroom/Office-warehouse uses. The additional five percent required by the draft ordinance amendment is intended to ensure more employment opportunities with these new uses at the 4Front campus. The developers have the flexibility to spread out the office space between users in a building; some users may have less office space and others more, but the overall total shall be twenty-five percent office space. The draft amendment also allows the clear height in the warehouse portion of an Office- showroom/Office-warehouse to be up to thirty-two feet to accommodate more storage area; the current ordinance limits the warehouse ceiling heights to fourteen feet. Clear height is the open area of a warehouse under any lights, trusses, etc. allowing the entire space to be used for “racking” or the stacked storage of goods and materials. The developers have stated that this type of space is in high demand. It is anticipated that the addition of Light Manufacturing and Office-showroom/Office-warehouse uses will be compatible with the 4Front Technology and Office campus. Slumberland has stated that they have current businesses in the campus that would likely expand into this new space when it becomes available. In order to ensure compatibility with the Willowbrooke residential neighborhood to the north, the draft ordinance amendment states that additional setbacks and a landscape buffer strip will be required where Parcel A abuts the planned park and open space. Staff has determined that there is sufficient infrastructure capacity (roads, water, sewer, and storm sewer) to accommodate the proposed 310,000 square foot development in this location. The following table summarizes this analysis: EXISTING PROPOSED EVALUATION Comprehensive Plan Corporate Offices, No change in the Guiding Proposed uses are Guiding: Business Light proposed consistent with the Campus Manufacturing, Comprehensive Plan Offices Zoning: Permitted Uses Office Office Proposed uses are Research and Research and compatible with adjacent Development Development land uses and there is Light Manufacturing sufficient infrastructure Office-showroom/Office- capacity to serve the warehouse development Percent office in Office- Twenty percent Twenty-five percent Higher percentage of showroom/Office- office space will facilitate warehouse employment generating uses Clear height/Ceiling Fourteen feet Thirty-two feet Additional clear height will height in warehouse not create any issues at component this location and will meet current market demand 3 RECOMMENDATION Staff evaluation has concluded that an amendment to allow Light Manufacturing and Office- showroom/Office-warehouse uses on Parcel A is consistent with the goals and intent of the Comprehensive Plan, those uses will be compatible with surrounding land uses, and there is sufficient infrastructure to serve the proposed development. It is the opinion of staff that allowing more uses that will provide employment opportunities and expand industry diversity is likely to achieve the City’s goals more quickly than waiting for a large office or research and development user given the current market trends. COUNCIL QUESTION Does the City Council want to expand the uses permitted on Parcel A in the west expansion area of the 4Front Technology and Office Campus to include Light Manufacturing and Office-showroom/Office- warehouse uses? ATTACHMENTS: • Attachment A: Location Map • Attachment B: Future Development Areas • Attachment C: Proposed Development Area • Attachment D: Preliminary Site Plan Options • Attachment E: Draft Ordinance Amendment • Attachment F: PUD Concept Plan 4 ATTACHMENT A: LOCATION MAP WILLOWBROOKE 4FRONT TECHNOLOGY AND OFFICE CAMPUS OAKDALE MARKETPLACE OAKDALE STATION ATTACHMENT B: FUTURE DEVELOPMENT AREAS WEST EXPANSION AREA EAST EXPANSION AREA ATTACHMENT C: PROPOSED DEVELOPMENT AREA ATTACHMENT D: PRELIMINARY SITE PLANS – OPTION 1 ATTACHMENT D: PRELIMINARY SITE PLANS – OPTION 2 ATTACHMENT E: DRAFT ORDINANCE AMENDMENT City of Oakdale ORDINANCE NO. ___ AN ORDINANCE AMENDING THE 3M/IMATION PLANNED UNIT DEVELOPMENT AGREEMENT AND CONCEPT PLAN (ORDINANCE NO. 473) TO DESIGNATE FOUR AREAS IN THE WEST EXPANSION AREA FOR FUTURE DEVELOPMENT AND ESTABLISH THE PURPOSE AND USES FOR THE 4FRONT OFFICE AND INDUSTRIAL AREA (PARCEL A) The City Council of the City of Oakdale ordains: Section 1. The 3M/Imation Planned Unit Development Agreement Concept Plan (Ordinance 473) is amended with regard to the west expansion area to denote four areas for future development (Parcels A-D, Exhibit A). Section 2. Parcel A in the west expansion area is established as the 4Front Office and Industrial Area. This area consists of approximately 24 acres and may accommodate up to 310,000 square feet of building area. Section 3. The 3M/Imation Planned Unit Development Agreement (Ordinance 473) is amended with regard to the purpose, definitions, and permitted and prohibited uses in the 4Front Office and Industrial Area on Parcel A in the west expansion area as follows: 1. PURPOSE. The purpose of the 4Front Office and Industrial area is to provide high-quality facilities for office, research and development, light manufacturing, and office-showroom/office- warehouse uses. These uses shall be sited, designed, and operated in a manner compatible with the adjacent 4Front Technology and Office Campus and the Willowbrooke residential neighborhood. It is the intent of this area to increase the number of living-wage jobs available to the residents of Oakdale. Employment opportunities that offer living wages contribute to a rising standard of living for those employed and contribute to the overall quality of life in the community. The 4Front Office and Industrial area is also intended to support the diversification of the local economy by providing employment opportunities in a variety of industry types. 2. DEFINITIONS. a) Building supply stores and yards: Facilities providing retail or wholesale building and/or landscaping materials and supplies. b) Bulk storage buildings, yards and terminals: Facilities providing storage for bulk raw materials which could become an airborne nuisance and which are not being used in a manufacturing process on the premises. c) Church: A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship. ATTACHMENT E: DRAFT ORDINANCE AMENDMENT d) Clear Height: Distance from the floor to the lowest-hanging ceiling member or hanging objects, beams, joists or truss work descending down into a substantial portion of the work area. e) Cross Dock: Loading docks on opposite sides of a relatively shallow distribution facility that allow for quick loading, sorting or unloading from one vehicle to another (i.e., materials from one truck at a loading dock are unloaded, sorted and reloaded onto one or more trucks). f) Heavy Manufacturing: Any operation which assembles, improves, treats, compounds, and/or packages goods or materials in a manner which would not qualify the operation as light manufacturing, including manufacturing that requires outdoor storage of bulk, raw or finished materials used in or resulting from the manufacturing process. g) Indoor Community Recreation: Facilities providing indoor entertainment (concerts, theater, music, etc.), indoor exercise or sport clubs (including but not limited to weight lifting, gymnastics, martial arts, tennis, basketball, indoor batting cages, indoor golf, etc.), or similar uses. h) Light Manufacturing: Any operation which assembles, improves, treats, compounds, and/or packages goods or materials in a manner which does not create a noticeable amount of noise, dust, odor, smoke, glare, or vibration outside of the building in which the activity takes place, which does not require outside storage of goods or materials and which does not generate (in the opinion of the City Council) objectionable amounts of truck traffic. i) Offices: Structures, or portions of structures, in which commercial or professional activities take place but where goods are not produced, sold, or repaired. j) Office-showroom/Office-warehouse: A use in which at least twenty-five (25) percent of the floor space is devoted to office activities, the remainder being used for either a showroom (display of materials, goods, or equipment) or warehousing (storage of materials, goods, or equipment). The total percentage of office space required may be spread across several Office-showroom/Office-warehouse users within a multi- tenant building. Compliance with the minimum percentage/square footage requirement shall be verified to the City before approval of any tenant improvement building permit application. Clear height in the warehouse component shall not exceed thirty-two (32) feet. k) Open sales, rental, or storage lots, including but not limited to cars, buses, trucks, motorcycles, bicycles, recreational vehicles, trailers, boats, mobile homes, machinery, lumber, building materials, landscape materials, or similar items: Any land used or occupied for the purpose of buying and selling any goods, materials, or merchandise, and for the storing of same under the open sky prior to sale. l) Outside storage: Exterior storage of finished or unfinished goods, materials, or equipment. m) Research and Development: Medical, chemical, electrical, metallurgical or other scientific research conducted in accordance with the provisions of this Ordinance. ATTACHMENT E: DRAFT ORDINANCE AMENDMENT n) Schools: Unless otherwise specifically described in the ordinances of the City of other applicable laws or regulations, the term school shall mean any building used for educational purposes by five (5) or more persons at one time. o) Self-service storage facilities: Real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access for the purpose of storing and removing personal property. The term does not include: (1) Property of a financial institution that contains vaults, safe deposit boxes, or other receptacles for the uses, purposes, and benefits of the financial institution's customers; (2) Warehousing as defined by this Section; or (3) A commercial parking garage or parking lot that provides short-term motor vehicle parking. p) Truck terminals, freight terminals, and freight forwarding services: A specialized distribution building that facilitates simultaneous incoming and outgoing inventory, or the immediate redistribution of goods from one truck to another (including cross- docking facilities); a building or area devoted principally to the transfer and/or storage of goods brought by truck. q) Warehousing: The storage of materials, goods, or equipment within an enclosed building with no associated office, research and development, or manufacturing component. 3. PERMITTED USES: 1. Offices. 2. Research and Development. 3. Light Manufacturing. 4. Office-showroom/Office-warehouse. 4. PROHIBITED USES: 1. Truck terminals, freight terminals, and freight forwarding services. 2. Warehousing. 3. Heavy Manufacturing. 4. Self-service storage facilities. 5. Open sales, rental, or storage lots, including but not limited to cars, buses, trucks, motorcycles, bicycles, recreational vehicles, trailers, boats, mobile homes, machinery, lumber, building materials, landscape materials, or similar items. 6. Bulk storage buildings, yards and terminals. 7. Building supply stores and yards. 8. Outside storage. 9. Schools. 10. Churches. 11. Indoor Community Recreation. Section 4. Screening through additional setbacks and a landscaping buffer strip is required along the northern edge of Parcel A abutting the Willowbrooke neighborhood. ATTACHMENT E: DRAFT ORDINANCE AMENDMENT Section 5. This Ordinance shall take effect and be in full force from and after its adoption and publication, as provided by law. Paul Reinke, Mayor AYES: NAYS: Passed by the City Council of the City of Oakdale this 25th day of May 2021. Attest: ________________________________________ Susan Barry, City Clerk Published:  PUD Subject Property PUD SUBJECT PROPERTY EXHIBIT A 4Front Campus Master Plan  Parcel D 9.8 acres Parcel A 23.57 acres Parcel B 8.303 acres Parcel C 8.395 acres PUD SUBJECT PROPERTY - PARCELS EXHIBIT A 4Front Campus Master Plan ATTACHMENT F: PUD CONCEPT PLAN  COUNCIL MEMORANDUM To: Honorable Mayor and City Council From: Alyssa MacLeod, Communications Specialist Date: April 13, 2021 Subject: Social Media Policy Social media is an effective way to reach a broad audience and communicate with the public. The City of Oakdale uses a variety of social media sites to share information and engage with the public. When using social media sites as a communications tool, it is customary and best practice to have a policy that defines how these channels will be used and how information exchanged on these sites will be handled. In certain cases, a social media policy can help protect the City from claims of infringement of first amendment rights. To date, the City of Oakdale has been using social media as a communications tool, but has not had a policy for these purposes. It is recommended that the City adopt a social media policy. A policy has been drafted for consideration. The proposed policy addresses the following: • Identifies official social media sites used by the City • Defines how City social media sites will be used and administered • Defines expectations for conduct on City social media sites • Data ownership and retention  Standard Operating Policy City of Oakdale Policy Number: MIS-021 Subject: Social Media Policy Number of Pages: 5 Approved: 2021 1.0 Policy Statement 1.1 The City of Oakdale supports the use of social media to advance the goals of the City and its commissions and boards. The City of Oakdale will determine, at its discretion, how its social media sites will be designed, implemented, and managed as part of its overall communication and information sharing strategy. 2.0 Purpose 2.1 To communicate requirements regarding the use of social media sites and increase awareness of acceptable conduct of covered persons, as defined in this policy, when interacting on the City’s social media sites. 3.0 Scope 3.1 This policy applies to any existing or proposed social media site sponsored, established, registered, or authorized by the City of Oakdale. The City’s social media accounts are exclusively the following: • City of Oakdale Facebook account at www.facebook.com/cityoakdalemn • Oakdale Recreation Facebook account at www.facebook.com/oakdalefun • Oakdale Fire Department Facebook account at www.facebook.com/OakdaleFD • City of Oakdale Twitter account at www.twitter.com/oakdalemn • City of Oakdale Instagram account at www.instagram.com/oakdaleminnesota • City of Oakdale YouTube account at https://www.youtube.com/channel/UCvlFuTV1kNtQ5pLU4GaV_2w?view_as=su bscribes • City of Oakdale LinkedIn account at www.linkedin.com/company/oakdalemn • City of Oakdale NextDoor account at www.nextdoor.com/city/oakdale--mn The City reserves the right to shut down any of its social media sites or accounts for any reason without notice. The City reserves the right to add more social media accounts as approved. 3.2 The City does not create, collect, disseminate, or regulate use of any other social media accounts, including the personal accounts of its elected officials and staff. Questions regarding the scope of this policy should be directed to the City’s Communications Specialist. 4.0 Definitions 1 4.1 Social media site: an internet site or application where users create and share content and participate in online communities and conversations in the form of a page, profile, account, group or other presence. These include, but are not limited to, blogs, forums, chat sites, Facebook, Twitter, Instagram, Nextdoor, LinkedIn, Reddit, and YouTube. This policy includes emerging new web-based platforms general regarded as social media or having many of the same functions as those listed. 4.2 Covered persons: Covered persons, for purpose of this policy, means all City representatives, including its employees and other agents of the city, such as independent contractors, elected officials, and members of City commissions and boards. 4.3 Social media manager: any authorized city employee or agent with administrator access who, when posting or responding to a post, appears to be the City social media account owner. 4.4 Approval: Where “authorized” or “approve” or “approval” or “approved” is referenced within this policy, the City’s Communications Specialist will review and recommend to the City Administrator. 5.0 Rules of Use 5.1 The City of Oakdale intends to use social media sites as follows: • To supplement information from other City communication sources such as the City’s website • To disseminate information as quickly as possible, such as emergency information • To facilitate two-way communication, promote transparency and social engagement in local government; and • To broadcast the City’s messages to the widest possible audience 5.2 City social media managers are responsible for managing City social media sites. 5.3 Facilities or departments wishing to have a new social media presence must initially submit a request to the Communications Specialist in order to ensure social media accounts are kept to a sustainable number and policies are followed. All approved sites will be clearly marked as the City of Oakdale site and will be linked with the official City website (www.ci.oakdale.mn.us). No one may establish social media accounts or websites on behalf of the City unless authorized in accordance with this policy. 5.4 The City’s social media sites must conspicuously display or link to a public notice that informs the public of the purpose of the social media presence and the terms one agrees to in accessing, using, or posting to the City’s social media site. (see page 5). 5.5 Administration of all City social media sites will comply with applicable laws, regulations, and policies as well as proper business etiquette and practices. 2 5.6 The City of Oakdale wishes to establish a positive and informative social media presence. Covered persons have the responsibility to use the City’s social media sites in an efficient, effective, ethical, and lawful manner pursuant to all existing City policies. 5.7 City social media sites covered by this policy will not be used by covered persons for private or personal purposes or for the purpose of expressing private or personal views on personal, political, or policy issues or to express personal views or concerns pertaining to City employment relations matters. 5.8 No City social media site may be used by covered persons to disclose private or confidential information. No social media site should be used to disclose sensitive information. 5.9 Outside of situations of disaster, no City social media site will be used for transaction of City business. In the event a user initiates a request, application, or question through social media that affects city business or requires another city policy or process to be followed, that user will be contacted by phone, email, or other channels as soon as reasonably possible If comments are allowed, in the event of a question of general interest, a response may be given in comments, the initial post may be edited, or a subsequent post may be created to include the information. 5.10 City of Oakdale’s social media managers will not edit any posted comments. However, comments posted by members of the public may be removed if they fall into at least one of the following categories: • Obscene or pornographic content • Direct threats to persons or property • Material asserted to violate the intellectual property of another person • Private, personal information about a person published without his/her consent • Information that compromises a public safety security system • Statutorily private, confidential, or nonpublic data • Commercial promotions or spam • Hyperlinks to material that falls into one of the foregoing categories 5.11 A member of the public whose comment is removed may appeal the removal of the comment and seek reconsideration of its removal by contacting the City in writing and explaining how the comment does not fall into one of the categories for removal. A written response will be provided as soon as reasonably possible. 5.12 A member of the public who disputes the legality of any portion of this policy may dispute the particular portion in writing. The City should acknowledge the claim promptly and, upon consultation of the city administrator and city attorney, respond to the claim concerning legality of the policy portion as soon as reasonably possible under the circumstances. 3 6.0 Guidelines for Elected Officials 6.1 Elected officials shall not use official City social media sites for campaigning purposes. 6.2 Elected officials shall not post comments or links to any content that endorses or opposes political candidates or ballot propositions, including links to an elected official’s campaign site. 6.3 Elected officials must be mindful that posting content on professional social media accounts regarding City-related matters could inadvertently result in the violation of Minnesota Open Meeting Laws if sufficient numbers of other public officials engage on the post, resulting in a quorum. If this occurs, the online conversation should immediately cease with no further posts by the officials. 6.4 It is anticipated that from time to time, elected officials will have access to information that is considered privileged or confidential under Minnesota State Statutes. Elected officials must not reveal any confidential or privileged information about the City, its constituents, its employees, or contractors on social media sites. 6.5 It is best practice for elected officials to redistribute (share, retweet, etc.) posts from the official City social media sites. While not all content and City-related announcements will be shared on the official City social media sites, it is best practice to allow City social media managers to create content, answer questions and manage constructive conversations. 7.0 Data Ownership and Retention 7.1 All communications or messages within social media sites covered by this policy composed, sent, or received on city or personal equipment are the property of the City and will be subject to the Minnesota Government Data Practices Act. This law classifies certain information as available to the public upon request. As no transactions of city business shall be conducted through social media accounts (outside of disasters), in accordance with the City’s records retention schedule, the City shall retain all social media messages only until read. 4  PUBLIC NOTICE City of Oakdale Social Media Disclaimer The purpose of the City of Oakdale’s social media presence is to provide members of the community with information. All content of this site is public and is subject to disclosure pursuant to the Minnesota Government Data Practices Act. Please be aware that anything you post may survive deletion, whether by you or others. Do not post sensitive or personally identifiable information, such as social security numbers. Following or tagging persons or organizations is not an endorsement by the City and is only intended as a means of broadening communication. The City is not responsible for content found at links to third parties, nor the views or opinions expressed by third-party comments. Please be advised that comments falling into the following category or categories may be removed: • Obscene or pornographic content • Direct threats to persons or property • Material asserted to violate the intellectual property of another person • Private, personal information about a person published without his/her consent • Information that endangers the public by compromising a public safety security system • Statutorily private, confidential, or nonpublic data • Commercial promotions or spam • Hyperlinks to material that falls into at least one of the foregoing categories Should your comment be removed by the City and you believe it does not fall into one of the above categories, contact the City in writing to explain how the comment does not fall into one of these categories. Should you wish to challenge the legality of any portion of this notice or the City’s social media policy, you may contact the City in writing and explain the basis for the challenge in detail. If you have any other questions about the City of Oakdale’s social media sites, contact the City Communications Specialist at 651-730-2722. By accessing, using, or posting to this City of Oakdale social media site, you acknowledge you have been advised of the foregoing. 5  COUNCIL MEMORANDUM To: Honorable Mayor and City Council From: Christina M. Volkers, City Administrator Date: April 13, 2021 Subject: Proposed Policy: Donations to Parks, Memorials, Installation, and Maintenance Per the direction of the City Council, staff drafted a policy relating to donations made to city parks from the public. The policy also speaks to memorial benches, plaques, trees, and pavers.”). On February 23, the City Council reviewed the proposed policy and made the following edits: • Reword Section 2.4 to make less ambiguous. • Include language to limit the type, total number, and location of memorials. • Include language to speak to donations for multi-year projects. • Include language to speak to refunding donations when memorial projects do not proceed. • Send to Parks and Recreation Commission for input. The proposed policy with edits from the February 23 council meeting as noted above, was reviewed by the Parks and Recreation Commission at their March 16 meeting. Attached is a revised proposal with the Parks and Recreation Commission’s recommended changes and request for adoption by the City Council. If the City Council is supportive of the attached draft policy, staff will bring back a request for formal approval to the April 27 regular meeting; the policy will be listed as a consent item.  Standard Operating Policy City of Oakdale Policy Number: MIS-019 Pages: 4 Subject: Donations to Parks; Memorials, Installation, and Maintenance Approved: 2021 1.0 General 1.1 The purpose of this policy is to establish guidelines, standards, and procedures for the installation, care, and maintenance for donations to city parks, including signage, kiosks, wayfinding, public art, trees, equipment, landscaping, and memorials (benches, plaques, engraved pavers). This policy does not apply to buildings or land. 1.2 The city desires to encourage donations to its parks while at the same time manage aesthetic impacts and mitigate ongoing maintenance costs. 1.3 The city desires to provide members of the community the opportunity to remember or honor a loved one by purchasing a bench, tree, or plaque. 1.4 This policy will apply to all donations made after its approved date. Donations made prior to the adoption of this policy shall be subject to applicable sections of this policy. 2.0 Standards for Donations 2.1 The city and the community share an interest in ensuring the best appearance and aesthetic quality of its parks. Donations should reflect the character of the city park and be in keeping with all applicable park master plans and will be installed in such a manner that will not substantially change the character of a park or its intended use. 2.2 The community has an interest in ensuring that all donations, including memorials, to parks remain in good repair and the city has an interest in ensuring that the short- and long-term maintenance costs remain reasonable and does not create an undue or unknown burden to city parks staff. Donations must be of high quality to ensure a long life, stand up to general use, and be resistant to the elements and acts of vandalism. 2.3 The city has an interest in ensuring that the donor covers the full cost for the purchase and installation, where applicable, of their donation. The city also has an interest in ensuring that on-going maintenance costs do not negatively impact the resources available for said maintenance. Consequently, a significant factor in the city’s decision whether or not to accept a proposed donation, including memorials, to a park will be maintenance costs. 2.4 The city cannot accept donations from potential donors who represent a reputational risk to the city, e.g. individuals or organizations known to be involved in activities that contravene laws or city values. The city cannot accept donations that are deemed in appropriate or harmful to the city and shall not be in conflict with any provisions of federal, state, or municipal law. 2.4 The city reserves the right to decline any donations if, upon review, acceptance of the donation is determined, at the sole discretion of the city, to be not in the best interest of the city. 2.5 The donation shall be the sole property of the City of Oakdale; the donor shall have no legal interest in the donation. The city may relocate the donation for any reason, including for safety, maintenance, or redevelopment of park land. The city will make a reasonable effort to notify donors of any significant change to the amenity; however, it is the donor’s responsibility to keep their contact information current with the city. 73.0 Memorials 73.1 The following memorials are offered by the city. Cost information is available on the city’s web site: www.ci.oakdale.mn.us (note URL) or by calling 651-730-2740. o Bench, Engraved, Concrete Pad o Tree, Planted, Species as Approved by the City Forester o Rock with Engraved Plaque o Engraved Plaque o Engraved Paver at the Oakdale Veterans Memorial 3.2 The Parks Superintendent shall determine which parks shall allow memorials, the type of memorial(s) allowed in the parks, the total number of each type of memorial allowed in each park, and the specific location of memorial(s) allowed in each park. The Parks Superintendent shall maintain a detailed directory of parks where memorials may be placed, types of memorials that may be placed, and where memorials have been placed, and type thereof. 34.0 Review and Approval Process 34.1 The Parks Superintendent shall manage and process all donation proposals for city parks with the following exception: The City Clerk shall manage and process all paver orders for the Oakdale Veterans Memorial; paver installation shall be provided by the Parks Division. 34.2 The donor shall present a plan to the Parks Superintendent detailing the proposed location(s) for the donation(s) and maintenance needs, 34.3 The Parks Superintendent shall review all donation requests to ensure that they meet all donation standards of this policy and other respective city policies. The Parks Superintendent shall identify the anticipated lifecycle of the donation proposal and whether typical maintenance costs for the anticipated lifecycle would fall below or above $1,000. Typical maintenance costs are described as those that can be achieved by Parks Division staff and with equipment and tools in the possession of the Public Works Department. Proposed donations that will necessitate any atypical maintenance, such as a perceived difficulty in obtaining or recreating unique components or replacement parts, or significant staff time will not be approved. 34.4 When typical maintenance costs will likely be at or below $1,000 for the anticipated lifecycle of the donation, the Parks Superintendent shall provide a written recommendation to the Public Works Director/City Engineer on whether or not the donation should be accepted by the city. Recommendations for approving donation requests should detail the item(s) being donated, proposed location(s), anticipated lifecycle of the donation, and associated maintenance costs. Recommendations denying donations requests should detail all reason(s) for the denial. The Public Works Director/City Engineer shall review the recommendation and provide it to the City Administrator for review/approval. 34.5 When typical maintenance costs will likely be above $1,000 for the anticipated lifecycle of the donation, the Parks Superintendent shall provide a written recommendation to the Public Works Director/City Engineer on whether or not the donation should be accepted by the city. Recommendations for approving donation requests should detail the item(s) being donated, proposed location(s), anticipated lifecycle of the donation, and associated maintenance costs. Recommendations denying donations requests should detail all reason(s) for the denial. The Public Works Director/City Engineer shall review the recommendation and provide it to the City Administrator. The City Administrator shall review the recommendation and present it to the City Council for review/approval. 5.0 Donations for Multi-Year Projects or Community Memorials 5.1 When an entity offers to donate to the city a partial monetary donation over pre-determined number of years in order to realize the completion of a specific project, excluding buildings, and the review and approval process is complete as documented above, if approved then the city and the entity shall enter into a written agreement that includes (not all-inclusive): a. Amount of donation the entity will pay to the city each year. b. Entity to donate project to the city at completion of project. c. Entity to release any claims of ownership at completion of project. d. Steps to be taken if donation isn’t received as anticipated (such as cancellation of project). 5.2 At such times that the city plans to create a memorial in the community and invites members of the public to make monetary donations to the city toward said memorial, such donations will be returned to each donor in the event that a determination is made that the memorial project will not proceed. 46.0 Ongoing Maintenance 46.1 The Parks Superintendent shall manage the maintenance of all donations placed in city parks, as approved by the city, by regular and seasonal parks staff. 46.2 In planning projects to be performed by volunteers, the Parks Superintendent shall work with the city’s Volunteer Coordinator to identify landscaped areas in parks that can be maintained by volunteers on an ongoing or one-time basis. Projects include weeding, trimming, pruning, and removal of dead plants. 57.0 Decorating or Adorning Donations 57.1 Decoration or adornment of donated items can interfere with routine maintenance and the appearance of the donated item. As such, decorations and adornments will be allowed to remain in place until such time as removed by the Parks Division. 68.0 Removal of Donation 68.1 Donated park items that are living, such as landscaping, flower beds, and trees, become city property upon planting. If a donated tree or landscaping becomes overgrown, unkempt, diseased or dies, the city will call for its removal and any associated memorial plaque will be offered to the donor. It is the responsibility of the donor to keep their contact information current with the Parks Superintendent. 68.2 Donated park items (ie. benches, plaques, public art, etc.) become city property upon installation. If a donated park item becomes unserviceable or no longer meets a public need at its location, the city will call for its removal and any associated memorial plaque will be offered to the donor. It is the donor’s responsibility to keep their contact information current with the Parks Superintendent. 9.0 Gifts to the City 9.1 When gifts of real and personal property are offered to the city and staff proposes acceptance, the City Council must adopt a resolution accepting the gift per Minnesota Statute § Section 465.03, in accordance with any terms prescribed by the donor and agreed to by the City, and said resolution must receive affirmation by two-thirds of the members of the City Council. A city may not accept gifts for religious or sectarian purposes.  COUNCIL MEMORANDUM To: Honorable Mayor and City Council From: Christina M. Volkers, City Administrator Date: April 13, 2021 Subject: MnDOT Intent to Close 10th Street Entrance This workshop discussion is a continuation from the March 23, 2021 discussion. MnDOT staff Adam Josephson, MnDOT Metro East Manager will be in attendance. We have also invited our Washington County partners to discuss timelines for a signal improvement project in the area. MNDOT has served us notification of termination of the 1993 Limited Use Permit (LUP) which would close the private entrance to the new HOM Furniture store, Oakdale KinderCare, and the new planned animal hospital off 10th Street. As a result of our last work session, in addition to conversations between our City Attorney and MNDOT legal counsel, our City Attorney has sent them correspondence identifying our legal analysis of the current status of the LUP. Relevant documents are attached. April 5, 2021 Christina Volkers Sent by email only: christina.volkers@ci.oakdale.mn.us Oakdale City Administrator 1584 Hadley Ave N Oakdale, MN 55128 Re: Termination of 10th St Temporary Access LUP Dear Ms. Volkers: This letter serves as MnDOT’s notice to the City of Oakdale of the termination of the 1993 Limited Use Permit (LUP) that allows the city to construct, maintain and operate a temporary entrance to 10th Street North (CSAH 10) directly across from the easterly Trunk Highway 694 entrance/exit ramp terminal through a controlled access area. Special Provision 12 of the LUP provides that the use of the right of way permitted by the LUP shall remain subordinate to the right of MnDOT to use the property for any highway or transportation purpose. MnDOT has determined that removal of this temporary driveway access is necessary to restore the controlled access in this location and improve the operations and safety of the east ramp intersection. Special Provision 13 of the LUP requires the City to remove the access at City cost when a contract is awarded for the construction of the Trunk Highway 694 northbound ramp. Because MnDOT has no plans to construct the ramp at this time, MnDOT will make arrangements for the access removal and cover the construction costs associated with the removal of the access within the MnDOT R/W. MnDOT will not remove any portion of the driveway between the State R/W and the current parking lot, which is a distance of approximately 350 feet. Should the City or the developer decide to remove the improvements in this area, those costs will be at City or developer expense. If you have any questions about this notice please contact Adam Josephson, MnDOT East Area Manager. Sincerely, Michael Barnes MnDOT Metro District Engineer Attached – 1993 Limited Use Permit CC: Adam Josephson, MnDOT Wayne Sandberg, Washington County Equal Opportunity Employer  Minneapolis 150 South Fifth Street Suite 700 Saint Paul Minneapolis, MN 55402 St. Cloud (612) 337-9300 telephone (612) 337-9310 fax www.kennedy-graven.com Affirmative Action, Equal Opportunity Employer ____________________________________________________________________________________________________ JAMES J. THOMSON Attorney at Law Direct Dial: (612) 337-9209 Email: jthomson@kennedy-graven.com April 8, 2021 Jennifer Juneau Deputy Chief Counsel By U.S. Mail and Email Minnesota Department of Transportation 395 John Ireland Blvd Saint Paul, Minnesota, 55155 RE: City of Oakdale - Termination of 10th Street Access Limited Use Permit Dear Ms. Juneau: I am the city attorney for the City of Oakdale. I received your contact information from Danielle Holder, the right of way attorney for MnDOT’s metro district. I recently contacted Ms. Holder to discuss a Limited Use Permit (“LUP”) that MnDOT issued to the City in October 1993. I am enclosing a copy of the LUP. The LUP granted the City the right to construct, maintain, and operate an entrance to 10th Street North directly across from the easterly Trunk Highway 694 entrance/exit ramp. Pursuant to Paragraph 13 of the LUP, the City agreed to close the entrance when MnDOT awarded a contract for the construction of a northbound ramp onto Highway 694. MnDOT has not awarded a contract for the construction of such a ramp. I am also enclosing a copy of an April 5, 2021 letter from Michael Barnes, MnDOT’s Metro District Engineer, to Christina Volkers, the Oakdale City Administrator. The letter notifies the City of MnDOT’s intention to terminate the LUP. In his letter, Mr. Barnes acknowledges that MnDOT has no current plans to construct the ramp referenced in Paragraph 13 of the LUP. Nevertheless, Mr. Barnes contends that Paragraph 12 of the LUP gives MnDOT the right to terminate the LUP. The City disagrees with Mr. Barnes’ contention. Paragraph 12 of the LUP states, in part, as follows: “Any use of the existing State right of way permitted by this permit shall remain subordinate to the right of the Minnesota Department of Transportation to use the property for any highway or transportation purpose.” The “property” referenced in that provision is MnDOT’s “controlled access area and right of way” referred to in the opening paragraph of the LUP. Mr. Barnes makes no reference to any proposed use by Jennifer Juneau April 8, 2021 Page Two MnDOT of either its controlled access area or its right of way for Highway 694. Rather, Mr. Barnes simply states that MnDOT’s reason for desiring to terminate the LUP is to “improve the operations and safety of the east ramp intersection.” That reason is not a sufficient basis to terminate the LUP because it does not involve MnDOT’s use of the controlled access area or MnDOT’s use of the right of way for Highway 694. In summary, MnDOT’s reason for desiring to terminate the LUP is legally insufficient. The City’s position is that MnDOT’s notice of termination is therefore invalid. I look forward to your response to my letter. Sincerely, /s/ James J. Thomson James J. Thomson cc: Mayor and City Council Christina Volkers