City Council Workshop

AGENDA City Council Workshop Workshop June 22, 2021 Hadley Room 5:00 PM Auditor Presentation Summarizing 2020 Audit 5:30 PM Advisory Body Reappointment Interviews: PRC 5:40 PM Advisory Body Reappointment Interviews: PC 5:50 PM Discuss Reappointment Applications/Interviews 6:00 PM 2022 Budget Status/Next Steps 6:25 PM Proposed Ordinance: Temporary Patios 6:50 PM Recess for Regular Meeting Continues following Regular Meeting: Council Topics (15 Minutes)  COUNCIL MEMORANDUM To: Honorable Mayor and City Council From: Christina Volkers, City Administrator Date: June 22, 2021 Subject: Board and Commission Reappointment Interviews: PRC and PC At the June 22 work session, the City Council will interview seated commissioners, as a group, who are seeking reappointment, per Policy MIS-013 – Board and Commissions Appointment and Reappointment Process. Applications for the respective members are provided under separate cover. Time will be allotted following the interviews for the City Council to discuss the interviews prior to making decisions on whether to reappoint members at the regular meeting. 5:30 PM Parks and Recreation Commission Janet Cunningham Mark Giannini 5:40 PM Planning Commission Dallas Pierson  COUNCIL MEMORANDUM To: Honorable Mayor and City Council From: Jason Zimmerman, Finance Director Christina M. Volkers, City Administrator Date: June 22, 2021 Subject: 2022 Budget Status/Next Steps The purpose of this workshop discussion is to provide a status update on 2022 budget preparation to-date and to outline next steps/timing. Much work has been done in preparation within the Finance Department, City Administrator, and Department Heads. The City Administrator has met with each department/division head to review actual operational expenses for 2018, 2019, 2020 and the 2021 budget with their requested changes, per line item, for 2022. The same process is being completed for revenue. Further, discussions have been held with each director about imminent staffing needs given significant commercial and residential development happening in Oakdale. Jason Zimmerman started as our new Finance Director just last week. He is still developing a plan to take over the budget process and the City Administrator will help however possible. His initial thoughts on timing and next steps are as follows: July 13th Council Work Session: Finance to present preliminary City Administrator supported budgets for General, Enterprise, and Special Revenue funds. This will include: • Removal of one-time expenditures and revenues from the 2021 budget • Department and City Administrator supported expenditure modifications • Proposed staffing/position changes • Requested equipment purchases and discussion on funding strategies • Personnel salary and benefit considerations Staff will be seeking Council input and any modifications they would like quantified. August 10th City Council Work Session: Finance to present impact of Council directed modifications and levy impact. August 24th City Council Work Session: Equipment and Capital Improvement Program discussion and placeholder for additional budget discussion. September 14th City Council Work Session: Final review/changes on 2022 Preliminary Budget. September 28th City Council Meeting: City Council certifies 2022 Proposed Property Tax Levy and sets the date for the Truth in Taxation meeting to adopt the final 2022 Budgets and Property Tax Levy. Mid-November Proposed Property Tax (Truth in Taxation) notices sent by County to all property owners in the City. December 14th City Council Meeting: Finance presents at the annual Truth in Taxation meeting. City Council adopts 2022 Budget, 2022 Tax Levy and 2022-2026 Equipment and Capital Improvement Program (CIP).  COUNCIL MEMORANDUM To: Honorable Mayor and City Council From: Mary Cutrufello, Associate Planner and Emily Shively, Planner Date: June 22, 2021 Subject: Proposed City Code Amendment: Temporary Outdoor Patios BACKGROUND Approximately half of Oakdale’s 41 restaurants have permanent outdoor seating areas or patios. The others are unable to have a patio because the configuration of their lot or location of their business does not have an area that can be dedicated for that purpose. In order for these businesses to have a patio, they would need to utilize a portion of a sidewalk and/or the parking area, but the City Code does not currently have a way for that to occur. The proposed City Code amendment would create an annual license whereby a restaurant would be able to safely offer outdoor dining to their customers on a seasonal basis, provided they met and maintained certain standards. Subsequent to a City Council Work Session in May where the issue was reviewed, staff made the modifications the Council requested and then presented that draft ordinance amendment to the Planning Commission for discussion. PLANNING COMMISSION RECOMMENDATION The Planning Commission reviewed the proposed City Code amendment at their June 3, 2021 meeting and unanimously recommended that the City Council amend the City Code to provide for annual licensure of Temporary Outdoor Patios. CITY COUNCIL ACTION REQUESTED Are there further changes the City Council wants to incorporate? Does the City Council want to direct staff to prepare the amendment for adoption at the July 13, 2021 City Council meeting with any changes noted? ATTACHMENTS • Draft Ordinance xxx, Chapter 9, Article XVI • Draft Planning Commission Minutes (excerpt), June 3, 2021 • Planning Report (dated June 3, 2021)  CITY OF OAKDALE ORDINANCE 2021-XX AN ORDINANCE AMENDING THE CODE OF ORDINANCES FOR THE CITY OF OAKDALE, CHAPTER 9 – LICENSES AND BUSINESS REGULATIONS The City Council of the City of Oakdale ordains: Section 1. The Oakdale Code of Ordinances, Chapter 9, is amended to add the following Article: Article XVI Temporary Outdoor Patios Sec. 9-150. Definitions. The following words and terms shall have the following meanings: • Temporary Outdoor Patio – A defined outdoor area, operated by a restaurant for seasonal outdoor service between March 1 and November 30 in a calendar year, located on a sidewalk or parking area adjacent to the restaurant. Sec. 9-151. License Required. No person shall operate a temporary outdoor patio in the city without first obtaining a license. Sec. 9-152. Application for; Issuance of License. Application for a license required by this article shall be made to the Community Development Director on a form supplied by the city, a minimum of thirty (30) days prior to the desired start date. The application shall state the full name and address of the applicant and be signed by the applicant and the property owner if different; specify the proposed location to be used by the applicant under the license; and such other information as shall be required by the application form. The City Council may approve a license request by a majority vote of all its members. If approved, a license shall be issued by the City Clerk. Sec. 9-153. Noise. All licensees shall comply with the provisions in Chapter 19 of the City Code. Sec. 9-154. License Fee; Term. The fee for a license required by this article shall be determined by the City Council. Licenses shall be valid from March 1 to November 30 in the calendar year for which the license is issued. Licenses issued pursuant to this article shall not be transferable from one person to another. Sec. 9-155. License to be Displayed. Every license required by this article shall be kept conspicuously posted at the location for which the license is issued and shall be exhibited to any person upon request. Sec. 9-156. License Revocation. A license required by this article may be revoked by the City Council for a violation of any provision of this article or other provision of the City Code or state law. Section 2. 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: Adopted this ___day of ____, 20__ by the Oakdale City Council. Attest: ______________________________________ Susan Barry, City Clerk Published: Text with strikeout is proposed for deletion Text with underline is proposed for insertion.  REGULAR MEETING OAKDALE PLANNING COMMISSION June 3, 2021 The Oakdale Planning Commission held a meeting on Thursday, June 3, 2021 at Oakdale City Hall, 1584 Hadley Avenue North, Oakdale, Minnesota. The meeting began at 7:00 PM with the Pledge of Allegiance. CALL OF ROLL On a call of roll, the following were present: Chairperson: Emily Milles Commissioners: Bob Boullianne Christopher Campbell Yaya Diatta Marty Jurgensen Dallas Pierson Lee Stolarski Also Present: Emily Shively, City Planner Mary Cutrufello, Associate Planner Susan Olson, Council Member Liaison EXCERPT PLANNING COMMISSION REVIEW b. CITY CODE AMENDMENT TO ALLOW TEMPORARY OUTDOOR PATIOS FOR RESTAURANTS Ms. Cutrufello presented a City Code Amendment to allow temporary outdoor patios for restaurants in detail and explained that the City Council requested that the Planning Commission review the proposed amendment. She explained that currently there are 41 restaurants in the city and 22 of them have space for patios in the way that their lots are constructed. The other 19 restaurants currently do not have a patio seating area and would need to use a sidewalk or use parking spaces, which was currently not allowed. Staff is proposing an amendment to allow any restaurant to have temporary outdoor patios. The amendment will be similar to the existing Temporary Garden Center/Tent Sale License. Ms. Cutrufello described in detail how the city would regulate the location of the patio, duration of the patio, and the activity and noise impacts. She stated that the proposed amendment would allow all restaurants in Oakdale to obtain a license for a temporary outdoor patio. Commissioner Diatta noted he was in favor of this Ordinance Amendment. In response to a question from Commissioner Boullianne, Ms. Cutrufello stated that the fee would be determined by City Council and that a proposal was $400, which was the same as the Garden Center Temporary License. Commissioner Boullianne and Commissioner Pierson asked that the City Council look at the proposed fee and either reduce or eliminate the fee. Commissioner Campbell suggested that the duration of Temporary Restaurant Patios should align with the City Parking Ordinance due to snow removal concerns. In response to a question from Commissioner Campbell, Ms. Cutrufello explained that Staff reviews for public safety. Commissioner Pierson commented on the winter parking ordinance and noted it is intended for City Streets, and for this discussion, these are private parking lots plowed by a private company. Ms. Cutrufello noted that parking must be sufficient for each business. In response to a question from Commissioner Jurgensen, Planner Shively stated that for at least the past seven years, for temporary garden center licenses have not been referred to the Planning Commission. When reviewing the proposed license, the Fire Chief will review to ensure emergency vehicle access, and the Building Official and other staff may review the license as appropriate. In response to a question from Commissioner Boullianne, Ms. Cutrufello shared that last year each Temporary Outdoor Patio was required to submit a plan. In response to a question from Chair Milles, Ms. Cutrufello stated that the 22 restaurants with permanent outdoor patios do not need a license for a temporary patio license. In response to a question from Commissioner Diatta, Ms. Cutrufello confirmed that these Temporary Outdoor Patio licenses will be renewable annually. In response to a question from Commissioner Stolarski, Ms. Cutrufello explained that these licenses need to be reviewed annually. In response to a question from Commissioner Campbell, Ms. Cutrufello shared that Ugly Putters Indoor Golf Club reached out to the City for a Temporary Outdoor Patio License. Commissioner Pierson agreed with Commissioner Boullianne’s comment on not charging a fee for this license. Commissioner Diatta commented that the Temporary Outdoor Patio License fee can be prohibitive as well. In response to a question from Commissioner Jurgensen, Planner Shively shared that the mobile Food Truck Vendors have a section in the code that is regulated and the City’s Licensing Division works with Mobile Food Trucks. Last year City Council waived the Mobile Food Truck License Fee. She explained that setting fees or waiving fees are at the discretion of the City Council. Commissioner Jurgensen shared his concern that outside food trucks can come in and sell, while our existing business may get a large fee to set up a Temporary Outdoor Patio. There was no further discussion from the Commissioners. COMMISSIONER PIERSON MADE A MOTION, SECONDED BY COMMISSIONER BOULLIANNE, TO RECOMMEND APPROVAL OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES FOR THE CITY OF OAKDALE, CHAPTER 9 – LICENSES AND BUSINESS REGULATIONS. 7 Ayes. Motion approved. Respectfully submitted, Jackie Knutson Recording Secretary  PLANNING COMMISSION MEMORANDUM To: Oakdale Planning Commission From: Mary Cutrufello, Associate Planner and Emily Shively, Planner Meeting Date: June 3, 2021 Subject: City Code Amendment – Temporary Outdoor Patios BACKGROUND Several Oakdale restaurants have permanent outdoor seating areas or patios (see Attachment A: Oakdale Restaurant Locations). However, others are unable to have a patio because the configuration of their lot or location of their business does not have an area that can be dedicated for that purpose. In order for these businesses to have a patio, they would need to utilize a portion of a sidewalk or the parking area. The City Code does not currently have a way for that to occur; this was addressed on an interim basis in 2020 via a temporary permit authorized by the City Council. That permit expired on September 30, 2020. This proposed City Code amendment would create an annual license as a way for restaurants to safely offer outdoor dining to their customers on a seasonal basis. ANALYSIS The proposed ordinance is modeled on the existing the Garden Center/Tent Sale License (Chapter 9, Article V) which allows a business (such as Hy-Vee and Cub Foods) to erect a temporary structure to sell goods in their parking lot. The purpose of that license is to ensure that the location is safe and functional for the temporary operations as well as pedestrian and vehicle traffic. Similarly, the proposed ordinance is intended to ensure that the temporary use of sidewalks or parking spaces for outdoor seating is provided in a safe manner that preserves the functionality of site circulation. The ordinance defines a temporary outdoor patio as follows: A defined outdoor area, operated by a restaurant for seasonal outdoor service between March 1 and November 30 in a calendar year, located on a sidewalk or parking area adjacent to the restaurant. By limiting the season of operation to March through November, the ordinance ensures that outdoor seating areas will be removed for the winter so that snow removal on sidewalks and parking lots can efficiently occur. Requiring an annual license will also allow any issues that arise with the operation to be addressed with subsequent applications. The Council can deny issuance of a license if issues with safety or compatibility with surrounding land uses cannot be resolved. The ordinance includes provisions consistent with other business licenses issued by the city such as a 30-day application submittal deadline to provide sufficient time to review the request; submittal of an application form to ensure all relevant information is provided to evaluate the request; and includes a requirement that the application be signed by the property owner – if different from the applicant – to demonstrate that the owner is aware and supportive of the request. In order to ensure compatibility with adjacent businesses and surrounding land uses, the proposed ordinance makes a reference to the existing city code section that addresses noise issues (Chapter 19). Inclusion of this reference ensures that applicants are aware of the standards and requirements prior to obtaining a license. The existing City Code pertaining to noise sets acceptable levels of noise near residential areas and addresses amplified sound if a restaurant chooses to play music in the outdoor area. There are also enforcement procedures in the existing ordinance to address any noise complaints or issues if they arise. The license may be revoked if there is a violation of the noise ordinance or other provisions of the City Code. SUMMARY The proposed ordinance would establish a license that may be issued annually to a restaurant seeking to provide outdoor service to their patrons on an area of a sidewalk or parking lot adjacent to the resturant. Requiring a license ensures that the operations will be safe and functional and compatible with surrounding land uses. ROLE OF THE PLANNING COMMISSION The City Council has asked the Planning Commission to review the proposed Code amendment and provide feedback and a recommendation. The role of the Planning Commission is to consider the proposed amendment as it relates to the Comprehensive Plan and other sections of the City Code, and provide a recommendation to the City Council. MOTION Motion to recommend approval of the City Code amendment creating a Temporary Outdoor Patio License. ATTACHMENTS Attachment A: Map of Restaurant Locations in Oakdale - Patio Status Attachment B: Draft Ordinance – Temporary Outdoor Patios ATTACHMENT A RESTAURANTS WITH OUTDOOR SEATING Big Thrill Factory Oakdale Buffalo Wild Wings Grill & Bar Caribou Coffee (2 locations) Duke's Pizza-Pub-Grill Five Guys Hardee's Inwood Oaks JW's Bierstube Oak Marsh Golf & Grille PINZ Sgt Peppers Grille & Bar Starbucks SUBWAY (2 locations) Taco Bell Taco John's Taco Libre Teriyaki Madness Titan's Sports Saloon Urban Wok Wild Boar Bar & Grill RESTAURANTS WITHOUT OUTDOOR SEATING $5 Pizza/Jake's Pizza Bambu Kitchen & Sushi Bar Brothers Event Center Burger King Catrinas Cerveza-Mexican Grill D-Spot IHOP Jade 88 KFC McDonald's Olive Garden Italian Kitchen Pizza Man Randy's Pizza Salute Red Lobster Rocco's Pizza Sarpino's Shar'Els Café Ugly Putters Indoor Golf Club Wahlburgers/Market Grille  . ' . •OAKDALE l , � "'.f Wooo'lanO Dri1'e � ...� "' 'O 'O � C 1 ATTACHMENT A 'c � ::; ills Century College Manitou Ridge 120 CITYOF Pine Springs PATIO STATUS Joy Park Playcrest Park ,k D -n 1t i//e ake Silver Lake Park 17th Avenue East 15th Avenue East 13th Avenue East ,ke on I e McKnight American Legion Field North St Paul 1st Avenue East 120 Patio Status South Avenue East • Restaurants with a patio 0 Restaurants without a patio Sunfish Park Holloway Avenue East • 34th Street North • 0 34th Street North Stillwa ter Boulevard N Boulevar d N O('t� Hazel Park Sti\\water • ., r Lake 0 Region 0 Res � Q. 0 z ,,nt '• Beaver Lake Park Oakdale Midvale 15th Street North 15th Street North Maplewood Nature Center Union Cemetery 0 . o • 10th Stree t North .• • . 10th St+th ..c 0 '" z 0 .. ii' . L ke 7th Street North , > > Oak Marsh Golf •• Course 3M Center �J: " 0 Innovation Boulev ard ",? • 4th Street North Street North Hudson R 120 oad East i.;::=:===:::;:;�;.!,-.,-,,.,-;5--...-:.;..:;..;....,;.;;;�,.�,::.:::, 7,.::-;,:::.-.9,',4;---------_, Hudson Road '\IQodbu y Oakbury L,k �C � � :, :::0 �- ; ; 1 Upper Afton Road East Metropolitan Co'31cil, MetroGIS, Esri Canada, Esri,�ERE, Garmin, �feGraph, INCREMENT P, METI/NASA, :::. USG:§ EPA, NPS, US Census Bureau, USDA � �i.  ATTACHMENT B CITY OF OAKDALE ORDINANCE XXX AN ORDINANCE AMENDING THE CODE OF ORDINANCES FOR THE CITY OF OAKDALE, CHAPTER 9 – LICENSES AND BUSINESS REGULATIONS The City Council of the City of Oakdale ordains: Section 1. The Oakdale Code of Ordinances, Chapter 9, is amended to add the following Article: Article XVI Temporary Outdoor Patios Sec. 9-150. Definitions. The following words and terms shall have the following meanings: • Temporary Outdoor Patio – A defined outdoor area, operated by a restaurant for seasonal outdoor service between March 1 and November 30 in a calendar year, located on a sidewalk or parking area adjacent to the restaurant. Sec. 9-151. License Required. No person shall operate a temporary outdoor patio in the city without first obtaining a license. Sec. 9-152. Application for; Issuance of License. Application for a license required by this article shall be made to the Community Development Director on a form supplied by the city, a minimum of thirty (30) days prior to the desired start date. The application shall state the full name and address of the applicant and be signed by the applicant and the property owner if different; specify the proposed location to be used by the applicant under the license; and such other information as shall be required by the application form. The City Council may approve a license request by a majority vote of all its members. If approved, a license shall be issued by the City Clerk. Sec. 9-153. Noise. All licensees shall comply with the provisions in Chapter 19 of the City Code. Sec. 9-154. License Fee; Term. The fee for a license required by this article shall be determined by the City Council. Licenses shall be valid from March 1 to November 30 in the calendar year for which the license is issued. Licenses issued pursuant to this article shall not be transferable from one person to another. Sec. 9-155. License to be Displayed. Every license required by this article shall be kept conspicuously posted at the location for which the license is issued and shall be exhibited to any person upon request. Sec. 9-156. License Revocation. A license required by this article may be revoked by the City Council for a violation of any provision of this article or other provision of the City Code or state law. Section 2. This Ordinance shall take effect and be in full force from and after its adoption and publication, as provided by law.  ATTACHMENT B ______________________________________ Paul Reinke, Mayor AYES: NAYS: Adopted this ___day of ____, 20__ by the Oakdale City Council. Attest: ______________________________________ Susan Barry, City Clerk Published: Text with strikeout is proposed for deletion Text with underline is proposed for insertion.