City Council Workshop

AGENDA City Council Workshop Workshop March 8, 2022 Council Chambers 5:00 PM City Planning Projects Update 5:30 PM Animal Impound Contract 5:40 PM Electronic Payment Processing Fees 6:00 PM Local Option Sales Tax Referendum Ballot 6:20 PM Special Project Fund Expenditure Update 6:30 PM Temporary Outdoor Patios 6:40 PM Council Topics 6:55 PM Adjourn for Regular Meeting  COUNCIL MEMORANDUM To: Honorable Mayor and City Council From: Andrew Gitzlaff, Community Development Director Date: March 8, 2022 Subject: Planning Projects Update BACKGROUND Andy Gitzlaff, Community Development Director will give an update on various planning projects that are in process, upcoming or will need to be completed in the future. The update will include a discussion of budget, timing and staffing considerations to complete the work. Attachment Planning Projects Update Presentation Planning Projects Update Oakdale City Council Workshop March 8, 2022 Agenda • In-Progress Planning Projects • Glenbrook Small Area Plan • Bike and Pedestrian Plan Update • Upcoming Planning Projects • Business Retention Expansion and Attraction (covered at 2/22 council workshop) • Willowbrooke Parks Programming, Master Plan and Design • Future Planning Projects • Helmo Station Parks, Programming, Master Plan and Design (to be covered at a future council workshop) • Budget, Timing and Staffing Considerations • Discussion Glenbrook Small Area Plan • Why Needed • Future Land Use and Zoning do not align resulting in competing visions for development/redevelopment • Land use conflicts between residential and industrial uses • Poor auto, pedestrian and truck circulation • Limited park and open space access • Future Hwy 36 and Hwy 120 Interchange will result in additional access restrictions • Interest by multiple developers for a variety of uses • Solution • Comprehensive Plan Land Use Goal 1 Policy 2 - Prepare a small area plan for Glenbrook neighborhood to guide public and private investment to achieve City’s redevelopment goals. • City Council work session in September, 2020, outlining the issues and process to be undertaken in a Small Area Plan (SAP) Glenbrook Neighborhood and Study Area Schedule and Key Tasks Glenbrook Small Area Plan • Eligible for Washington County Community Development Agency (CDA) Predevelopment Finance Fund Grant • Funding up to $40,000 for project requiring a 50 percent local match • Demonstrate how project will increase future commercial and industrial tax base and employment opportunities • Application to be considered at the April 19, 2022 CDA Board meeting • Resolution of support required from City as part of the application Bike and Pedestrian Plan Update • Why needed • Oakdale’s bike and pedestrian system provides an affordable transportation option with recreation and health benefits • Gaps in connection exist between the city’s bike and pedestrian system plan (last updated in 1995) and the region’s expanding multimodal transportation system • Bike and Pedestrian improvements will be more competitive for grant funds and/or implementation by other road authorities if in Plan • Solution • Comprehensive Plan Transportation Goal 4 Policy 1: Prepare a new bike and pedestrian system plan to guide bike and pedestrian improvements over the next 10 – 20 years Work completed and remaining City contracted with Toole Design Group to update the bike and pedestrian plan starting in the summer of 2019. Work was put on hold at the onset of the pandemic spring of 2020. Phase 1: Phase 2: Phase 3: Phase 4: NOT PHASE 5: NOT PHASE 6: NOT COMPLETED COMPLETED COMPLETED COMPLETED COMPLETED COMPLETED Work program Relevant local and Existing bike and Formulate goals, Prepare draft Council accepts new presented and regional bike and pedestrian system strategies, and illustrative bike and bike and pedestrian approved by Council pedestrian plans and issues identified actions pedestrian plan plan policies reviewed  Schedule and Key Tasks 10 month schedule to complete the plan including additional public engagement and City Council guidance at each milestone. Willowbrooke Parks Programming, Master Plan and Design • Master Planned Unit Development Agreement between the City and White Star Farms and US Home Corp (Developers) executed June 22, 2021 outlines City and Developers responsibilities for public improvements • City accepted a combination of land (47.2 acres) and cash ($349,740) for implementation of park improvements consistent with our park dedication ordinance • City received $122,000 from Developers for open space restoration • City responsible for open space restoration consistent with the Willowbrooke Landscape Framework Plan and construction of the 3 parks within Willowbrooke to coincide with each phase of development Parks and Maintenance Areas Willowbrooke Parks Programming, Master Plan and Design • City executed a master service agreement task order with Stantec for open space restoration for Willowbrooke Phase 1 on March 25, 2021 • Staff working with Stantec on a proposal for Willowbrooke Parks Programming, Master Plan and Design • Four key phases: 1. Data Collection and Needs Assessment 2. Preliminary Design (Programming and Analysis) 3. Final Construction Plans and Bidding Documents 4. Construction Administration • At the end of the preliminary design phase (Phase 2), the goal is to have both City and community stakeholders in alignment with the vision and financial parameters of the project. • Unable to provide an exact cost for Phases 3 and 4 before Phase 2 is complete Willowbrooke Parks Programming, Master Plan and Design • Financial Management • City Finance has setup a separate capital fund account for Willowbrooke to account for funds received and costs incurred by the City • This is an industry best practice for complex projects that have multi phase construction timelines • Likely a model for other development projects in the future. • Financing • Park dedicated funds received will not be enough for the establishment and programming of the 3 parks. • City will likely need to bond to cover the costs of park improvements • Cost will not be known until Preliminary Design is completed Budget, Timing and Staffing Considerations Study Timing Staff Project Consultant Comm Dev Other Sources Total Budget Manager Budget* Glenbrook Small May 2022 – City Planner (vacant) Stantec $40,000 $40,000 $80,000 Area Plan February 2023 County CDA Grant** Bike and Ped Plan March 2022 – Senior Comm Dev. Toole Design $55,000 $40,000 Update January 2023 Specialist Business April 2022 – Comm Development Oakdale Area Chamber $15,500 $15,500 Retention, March 2023 Director / Senior of Commerce & St. Paul Expansion and Comm. Dev. Specialist Area Chamber of Attraction (vacant) Commerce Willowbrooke March 2022 – City Planner Stantec $70,000 $70,000 Parks June 2022 Willowbrooke (Phase 1 and Programming, Park 2 estimate) Master Plan and Dedicated Design (phase 1 Funds and 2) *Funding is available in the 2022 Community Development Professional Services Budget and carryover funds from 2021 **Funding is contingent upon grant award from Washington County Discussion  COUNCIL MEMORANDUM To Mayor and City Council Through Nicholas Newton, Police Chief Date March 8, 2022 Subject Animal Impound Contract Background The Police Department has contracted with the City of Saint Paul Animal Control for impounding animals for several years. Recently, the City of Saint Paul terminated animal control services with suburban cities due to a variety of internal issues. The Police Department has until May 6, 2022, to find a new solution for animal impound services. In recent years, the Police Department has budgeted $7,500 annually toward animal control, with $6,000 specifically dedicated toward the anticipated animal impound services. After conducting research on animal impound services, the Police Department found two potential solutions that are seemingly the most reasonable options. The two options include Companion Animal Control (CAC) and the Animal Humane Society (AHS). The CAC and AHS each have their benefits and disadvantages. To summarize the pros and cons of both options, the CAC is more expensive but they only utilize no-kill animal shelters. Whereas, the AHS is less expensive but the animal services contract authorizes them to euthanize animals at their discretion. Related to associated anticipated cost, annual cost for services through the CAC is expected to be about $8,000 while the AHS is expected to be approximately $6,400. The Police Department seeks input from Council on animal control and impound services for the City of Oakdale. Please refer to the attachments for more information relating to the CAC and AHS services, fees, and agreements. Direction Needed Staff is requesting feedback on preference for animal impound services. Attachment Oakdale impound data and anticipated cost comparison analysis  City of Oakdale Animal Impound Data Years 2020 & 2021 City of Oakdale Animal Impound Data Saint Paul Animal Control Year 2020 Year 2021 Animal complaints 524 Animal complaints 587 Dogs impounded 15 Dogs impounded 13 Cats impounded 8 Cats impounded 10 Other 1 Other 0 Total impounds 24 Total impounds 23 Returned to owner 9 Returned to owner 7 Rescue/Adoption 10 Rescue/Adoption 15 Euthanasia 3 Euthanasia 1 Died at shelter 2 Died at shelter 0 Average stay in days 7 Average stay in days 7  Annual Cost Comparison (Based on 2020 & 2021 Oakdale Average Animal Data) Below is a cost comparison for the services/fees of Companion Animal Control and an estimated cost to the City of Oakdale for a full-time employed Police Officer to complete animal control duties. The hourly rate of the Oakdale Police Officer is based on the 2022 salary range of 75-94K, calculating a median range at $84,500 (equating to $40/hr.). The cost comparisons for impounded animals compare Otter Lake Animal Care Center (with CAC as animal control) and AHS (with Oakdale as animal control). For reference, a standard animal at large call response equates to 1.5-2 hours of time and includes the following: phone call from dispatch, phone call to finder to gather info, driving to found location to collect animal, answering finder questions/concerns, calling dispatch to update animal description, scanning for microchip, transporting animal to impound, completing impound paperwork, photographing animal, posting animal online, return drive leaving impound, eventual follow up with owner to provide reclaim information, etc. Animal Control: CAC Animal Control: Oakdale Officers Animal Impound: OLACC Animal Impound: AHS Yearly Fee (CAC) CAC: $1,200 n/a 30 Call Responses/Animals CAC: $3,000 Oakdale PD: $1,830-$2,400 (avg time 1.5-2 hours) (based on $100 flat fee/call response) (based on officer salary avg $40/hr.) Avg Mileage x 30 animals CAC: $870 Oakdale PD: $765 (IRS 2022 rate .58/mi) (Avg 50 miles/call) (Avg 44 miles/call) 15 Animals Reclaimed by OLACC: $0 AHS: $360 Owners (no impound fee to city) (based on $24 AHS fee) 15 Animals Unclaimed OLACC: $2,625 AHS: $3,120 (based on $175 OLACC fee) (based on $208 AHS fee) Annual Total Cost $7,695 $6,075-$6,645 Estimate Non-quantifiable costs • Officer time—Removing officers from Oakdale jurisdiction to transport animals may result in longer call response time to return to Oakdale from impound an animal in Lino Lakes • Officer time—cleaning squad cars after transport of animals, SOP biohazard requirement to clean vehicle after animal transport before people can be transported • Equipment—vehicle wear/tear, handling equipment, case documents, etc. • Public Communications—all aspects of communicating with the public regarding lost animal reports, found animals, animal welfare complaints, posting of animals in care, etc. (CAC also receives calls from the public on a daily basis regarding general animal inquires and addresses these calls as part of the monthly retainer, at no additional cost to the city) • Potential injury/insurance—animal bites may result in work comp claims (CAC is licensed and substantially insured as a subcontractor requiring no additional cost to city) • Animal Welfare—CAC often provides transparent reassurance to the public that the stray animal they found will be safely cared for as we maintain strong partnerships with vet clinics and rescues in the area to ensure the welfare of animals.  COUNCIL MEMORANDUM To: Honorable Mayor and City Council From: Jason Zimmerman, Finance Director Date: March 8, 2022 Subject: Electronic Payment Processing Fees BACKGROUND As part of the discussion regarding OpenGov’s Citizen Services platform, Council directed staff to provide a summary of electronic payment methods for city services. Going forward, the City will have three separate and unique credit card processing options. With ambulance billing and online permitting and licensing undergoing implementation, staff is requesting direction on how to allocate these processing fees. Utility Billing For over the last 15 years, Payment Services Network (PSN) has been the electronic payment processor for utility transactions. PSN allows customers to pay by checking/savings/credit card, view electronic payment history, manage multiple billing accounts, and securely save payment methods. Additionally, the City has a daily integration between PSN and Billmaster (the City’s utility billing software) which ensures payments are applied to the proper account. PSN was recently acquired by Invoice Could, which will require the City to migrate to a new platform, should the current billing process remain in place. The current fee structure with PSN is listed below:  $69.95 monthly account fee  $0.55 per electronic payment processed by customer  $1.55 for payments processed by the PSN call center Oakdale does not currently enforce a surcharge for electronic utility bill payments, and processing fees are split evenly between the water and sewer funds. All transaction fees from the individual card issuers are passed along, with no markup. Ambulance Billing Beginning April 1, 2022 the City will begin contracting with LifeQuest to provide Ambulance Billing services. As part of the relationship, the City has the option to partner with Forte to process electronic payments via myambulancebill.com which has a direct integration with the LifeQuest billing software, similar to the scenario above between PSN and Billmaster related to Utility Billing. The fees to partner with Forte are as follows:  $14.95 monthly account fee  Mastercard/Visa/Discover o 2.14% transaction fee o $0.24 per item fee o $0.35 per batch fee  American Express o 2.90% transaction fee o $0.24 per item fee OpenGov Citizen Services – Permitting & Licensing The proposed permitting and licensing software, provided by OpenGov, has an exclusive partnership with Stripe for electric payment processing. While cash and check payments have no transaction fees, electronic payments are subject to the following fees:  2.99% transaction fee  $0.99 per item fee Staff Recommendation Staff is recommending the following allocations for electronic payments fees:  Utility Billing Electronic - fees be absorbed by the Water and Sewer Fund (current structure) at the City’s cost and not by the utility customer  Ambulance Billing – Users subject to a 2.35% fee  OpenGov Permitting and Licensing – Users absorb all fees Council Direction Requested It is requested that Council provide staff direction on how they would like to allocate the costs associated with electronic payment processing. The fees can be absorbed by the city, passed along to the customer, or a blend of the two. MN State Statute §325G.051 allows for a surcharge on credit cards not to exceed five percent of the purchase price.  COUNCIL MEMORANDUM To: Honorable Mayor and City Council From: Christina M. Volkers, City Administrator Date: March 8, 2022 Subject: Sales Tax for Proposed Police Facility and Public Works Facility – language for ballot November 8, 2022 BACKGROUND The City of Oakdale identified the need for two large-scale public infrastructure projects: a new Public Works facility and the expansion and complete renovation of the Police Department facility with funding proposed by the use of Local Option Sales Tax (L.O.S.T.). Per the established process, the City Council adopted Resolution 2021-17 on January 26, 2021 requesting that the Legislature authorize individual projects be eligible for L.O.S.T. financing. In order to make the special legislation effect, on July 13, 2021 the City Council adopted Resolution 2021-75 approving the law in all aspects, directing the city clerk to file resolution and certification to the Minnesota Secretary of State, and directing staff to take necessary actions to implement the law and bring further proceedings as necessary to implement the law. Minnesota Statute § 205.16 requires that the City Clerk provide to the County Auditor written notice of a ballot question, including the title and language of the question, at least 74 days before the election, which in this case is on or before August 25, 2022. In order to do so, the Council must determine both the ballot title and the question. STAFF AND/OR BOARD OR COMMISSION RECOMMENDATION Staff checked with legal and the following meets the intent of the legislation, which requires separate ballot questions for each project. Discussion should occur regarding preferred language: City Ballot Question #1: Imposition of Sales Tax (or “Considering ½ cent sales tax”) for New Public Works Facility – Draft Language “Shall the City of Oakdale impose a temporary sales and use tax of one-half percent (0.5%) for a period of twenty-five (25) years or until $22,000,000 plus the costs of issuing any bonds including interest to finance all or a portion of the cost of construction of a new Public Works Facility provided that such tax shall terminate sooner if the City Council determines that all such costs have been paid?” City Ballot Question #2: Imposition of Sales Tax (or “Considering ½ cent sales tax”) for Construction and Rehabilitation of Police Department Facility – Draft Language “Shall the City of Oakdaleimpose a temporary sales and use tax of one-half percent (0.5%) for a period of twenty-five (25) years or until $15,000,000 plus the costs of issuing any bonds including interest to finance all or a portion of the cost of construction and rehabilitation of the Oakdale Police Department Facility provided that such tax shall terminate sooner if the City Council determines that all such costs have been paid?” Attachment Minnesota State Laws 2021, First Special Session, Chapter 14, Article 8, Section 15  Minnesota State Laws 2021, First Special Session, Chapter 14, Article 8, Section 15. CITY OF OAKDALE; TAXES AUTHORIZED. Subdivision 1. Sales and use tax authorization. Notwithstanding Minnesota Statutes, section 477A.016, or any other ordinance or city charter, and if approved by the voters at a general election as required under Minnesota Statutes, section 297A.99, subdivision 3, the city of Oakdale may impose, by ordinance, a sales and use tax of one-half of one percent for the purposes specified in subdivision 2. Except as otherwise provided in this section, the provisions of Minnesota Statutes, section 297A.99, govern the imposition, administration, collection, and enforcement of the tax authorized under this subdivision. The tax imposed under this subdivision is in addition to any local sales and use tax imposed under any other special law. Subd. 2. Use of sales and use tax revenues. The revenues derived from the tax authorized under subdivision 1 must be used by the city of Oakdale to pay the costs of collecting and administering the tax and paying for the following projects in the city, including securing and paying debt service on bonds issued to finance all or part of the following projects: (1) $22,000,000 plus associated bonding costs for construction of a new public works facility; and (2) $15,000,000 plus associated bonding costs for construction and rehabilitation, and associated building costs of the police department facility. Subd. 3. Bonding authority. (a) The city of Oakdale may issue bonds under Minnesota Statutes, chapter 475, to finance all or a portion of the costs of the projects authorized in subdivision 2. The aggregate principal amount of bonds issued under this subdivision may not exceed: (1) $22,000,000 for the project listed in subdivision 2, clause (1), plus an amount applied to the payment of costs of issuing the bonds; and (2) $15,000,000 for the projects listed in subdivision 2, clause (2), plus an amount applied to the payment of costs of issuing the bonds. The bonds may be paid from or secured by any funds available to the city of Oakdale, including the tax authorized under subdivision 1. The issuance of bonds under this subdivision is not subject to Minnesota Statutes, sections 275.60 and 275.61. (b) The bonds are not included in computing any debt limitation applicable to the city. Any levy of taxes under Minnesota Statutes, section 475.61, to pay principal of and interest on the bonds is not subject to any levy limitation. A separate election to approve the bonds under Minnesota Statutes, section 475.58, is not required. Subd. 4. Termination of taxes. The tax imposed under subdivision 1 expires at the earlier of: (1) 25 years after the tax is first imposed; or (2) when the city council determines that the city has received from this tax $37,000,000 to fund the projects listed in subdivision 2, plus an amount sufficient to pay costs related to issuance of any bonds authorized in subdivision 3, including interest on the bonds. Except as otherwise provided under Minnesota Statutes, section 297A.99, subdivision 3, paragraph (f), any funds remaining after payment of the allowed costs due to timing of the termination under Minnesota Statutes, section 297A.99, shall be placed in the city's general fund. The tax imposed under subdivision 1 may expire at an earlier time if the city so determines by ordinance. EFFECTIVE DATE. This section is effective the day after the governing body of the city of Oakdale and its chief clerical officer comply with Minnesota Statutes, section 645.021, subdivisions 2 and 3.  COUNCIL MEMORANDUM To: Honorable Mayor and City Council From: Jason Zimmerman, Finance Director Date: March 8, 2022 Subject: Special Project Fund Expenditure Update BACKGROUND During the course of 2021, the City Council approved using the Special Project Fund for several one- time expenditures. Staff has prepared a spending summary as of February 28, 2022 in order to update the Council on the status of these items. Status of Uncompleted Projects Line Item Description Note #1 Park Harper Sweeper Public Works staff would like to combine the funds allocated for the Park Harper Sweeper and Flail Mower to purchase of the Sweeper. #21 Ambulance Order has been placed, staff optimistic of delivery mid- summer 2022. #22 Lobbyist Additional funding may be requested per Council’s direction related to 2022 legislative items. #26 Online Time & Attendance Training will occur during the second week of March and implementation is scheduled for spring/summer 2022. Attachment: Special Project Fund Reconciliation  City of Oakdale, Minnesota Special Project Fund (530) Summary As of February 28, 2022 (Unaudited) Council As of Feb 28, Remaining Line Item Department Item Amount Approval 2022 Encumbrance Total Notes 1 Public Works Park Harper Sweeper $ 20,000.00 1/26/2021 $ - $ 25,000.00 $ 25,000.00 Requesting to combine lines 1 and 4 for purchase 2 Public Works Toro 4000 $ 60,000.00 1/26/2021 $ 54,379.29 $ - $ 54,379.29 Done 3 Public Works Mower (2) $ 30,000.00 1/26/2021 $ 26,275.80 $ - $ 26,275.80 Done 4 Public Works Flail Mower $ 5,000.00 1/26/2021 $ - $ - $ - See Line 1 5 Public Works Pickup $ 35,000.00 1/26/2021 $ 21,399.75 $ - $ 21,399.75 Done 6 Public Works Trailer (2) $ 10,000.00 1/26/2021 $ 10,090.00 $ - $ 10,090.00 Done 7 Public Works Excavator $ 55,000.00 1/26/2021 $ 54,097.17 $ - $ 54,097.17 Done; includes mini excavator & trailer 8 Public Works Plow Truck $ 195,000.00 1/26/2021 $ 188,264.59 $ - $ 188,264.59 Done 9 Police Patrol Vehicle (2) $ 105,000.00 1/26/2021 $ 96,828.05 $ - $ 96,828.05 Done 10 Police Body Armor $ 10,000.00 1/26/2021 $ 7,709.99 $ - $ 7,709.99 Done 11 Police Computers - Office $ 5,200.00 1/26/2021 $ 5,200.00 $ - $ 5,200.00 Done 12 Police Computers - Squad $ 20,000.00 1/26/2021 $ 16,041.96 $ - $ 16,041.96 Done 13 Police Squad Videos $ 11,200.00 1/26/2021 $ 10,845.00 $ - $ 10,845.00 Done 14 Police Portable Radios $ 12,000.00 1/26/2021 $ 9,426.25 $ - $ 9,426.25 Done 15 Police Radar Systems (2) $ 6,500.00 1/26/2021 $ - $ - $ - Skipping in 2021 16 IT Network Switch $ 3,800.00 1/26/2021 $ 3,898.61 $ - $ 3,898.61 Done 17 IT Network Video Recorder $ 11,500.00 1/26/2021 $ 10,992.40 $ - $ 10,992.40 Done 18 IT Computers and Monitors $ 35,000.00 1/26/2021 $ 34,537.08 $ - $ 34,537.08 Done 19 IT Phones, parts $ 3,500.00 1/26/2021 $ - $ - $ - Skipping in 2021 20 IT Printers, Scanners $ 10,000.00 1/26/2021 $ 6,151.00 $ - $ 6,151.00 Done 21 Fire Ambulance $ 285,000.00 1/26/2021 $ - $ 285,000.00 $ 285,000.00 Ordered, delivery estimated mid-2022 22 Admin Lobbyist $ 36,000.00 1/26/2021 $ 20,000.00 $ 16,000.00 $ 36,000.00 Additional funding may be requested per Council priorities 23 Police Plumbing Fixtures $ 31,600.00 3/9/2021 $ 31,578.00 $ - $ 31,578.00 Done 24 Finance Finance Director Office $ 9,000.00 3/9/2021 $ 5,025.37 $ - $ 5,025.37 Done 25 Public Works Jetter $ 46,000.00 3/9/2021 $ - $ - $ - Financed through VERF/Sewer; may use for OpenGov 26 IT Online Timecards $ 7,500.00 3/9/2021 $ - $ 12,500.00 $ 12,500.00 To be invoiced by Tyler Technologies 27 Admin Police Chief Search $ 24,500.00 5/11/2021 $ 24,500.00 $ - $ 24,500.00 Done 28 Admin CD Director Search $ 20,000.00 8/24/2021 $ 16,022.00 $ - $ 16,022.00 Done 29 Admin Strategic Planning $ 19,500.00 4/13/2021 $ 19,500.00 $ - $ 19,500.00 Done Totals $ 1,122,800.00 $ 672,762.31 $ 338,500.00 $ 1,011,262.31  COUNCIL MEMORANDUM To: Honorable Mayor and City Council From: Andy Gitzlaff, Community Development Director and Will Bucheger, Administrative Intern Date: March 8, 2022 Subject: Proposed City Code Amendment: Temporary Outdoor Patios/2022 Demonstration, continued discussion from February 8, 2022 Workshop BACKGROUND Approximately half of Oakdale’s 41 restaurants have permanent outdoor seating areas or patios. The others are not interested in an outdoor patio or their business is unable to have a patio because the configuration of their lot or the location of their business does not have an area that can be dedicated for that purpose. During the height of COVID-19 pandemic outdoor patios allowed businesses to continue to operate as indoor capacity was limited or prohibited. Although the Governor’s emergency declaration has expired, businesses continue to feel the effects of the COVID-19 pandemic. Many customers remain more comfortable dining outdoors. Furthermore, temporary outdoor patios give businesses that are seasonal in nature another opportunity to meet the needs of their customers. Research from surrounding cities has shown that two nearby cities, North St. Paul and White Bear Lake, will be allowing Temporary Outdoor Patio permits again in 2022. Some other cities have either discontinued the use or are still contemplating whether the use will be allowed again in 2022. Four restaurants within the city have shown continued interest and desire to utilize a Temporary Outdoor Patio for their business in 2022. CITY COUNCIL DIRECTION City Council first reviewed this proposed ordinance at their workshop meeting on June 22, 2021. Council provided feedback and requested that it be brought back for consideration in 2022. City Council reviewed the updated proposed ordinance at their workshop meeting on February 8, 2022. Council provided the following feedback and responses from staff are listed below each comment.  Comment - Council expressed concerns about potential noise impacts to nearby neighbors and other factors. Response - The applicant would be required to comply with the City noise ordinance, reference to the noise ordinance has been added to the proposed temporary patio ordinance and the draft license application.  Comment - Council asked staff to look into whether a business’s existing liquor license would cover the outdoor area or if a separate liquor license would be required. Response – City staff verified that the existing liquor license would be sufficient. The applicant would need to provide an updated certificate of liability insurance, indicating that liquor liability is extended to the outside of the building premises.  Comment - If pursued, the design of the fencing and enclosure be evaluated as part of the license process.  Response – A requirement for review of the materials for the fencing and enclosure has been added to the proposed temporary patio ordinance and the draft license application.  Comment - Interest in addressing parking minimums to allow permanent patios as an alternative. Response – Staff will explore parking minimums for businesses on a more holistic basis as part of a future project once the City Planner has been hired.  Comment - Concerns about the proposed $400 fee and whether that was too costly.  Response – After further research staff is recommending the fee for the Temporary Outdoor Patio License be between $100-$200. This recommendation is informed by practices of surrounding cities, primarily North St. Paul and White Bear Lake who are not charging a fee but use the licenses process to ensure the patios go through a staff review process before permission is granted. Staff has compared this temporary license with similar licenses on our own fee schedule. Specifically, with firework stand permits, Christmas tree sales permit and transient merchant permits. The prices for these permits range from $100-$250. The reduced permit fee will still allow staff to recoup a portion of the costs associated with review and processing of the application, which is the intent of the fee  Comment – How much interest has there been for temporary outdoor patios in 2022 or is it just one business? Responses - Staff has since reached out to surrounding restaurants in the community without permanent patios to gather their thoughts on this potential license. From the discussions, there is a support in creating this license. Four restaurants have now verbally stated that they would likely utilize this temporary license if given the opportunity.  Comment - The majority of the council indicated that they would like to pursue the temporary outdoor patio ordinance as a demonstration in 2022. Response – The item and propose changes based on Council feedback is being brought back to the Council workshop for additional discussion on March 8, 2022.  Comment - Requested that the updated proposed ordinance go back to the Planning Commission for input prior to scheduling a public hearing at the Council.  Response – The item is scheduled for review by the Planning Commission on March 4, 2022 City Staff will verbally update Council on any input received from the Planning Commission. SUMMARY City staff recommends that the City Council consider implementing the Temporary Outdoor Patio ordinance on a demonstration basis for 2022. City staff is recommended a fee between $100-$200. The license application has been updated to address compliance with the noise ordinance, materials for the fencing and the enclosure and compliance with liquor license. Applicants would be required to submit a site plan for review along with the license application to ensure issues such as emergency access are satisfactorily addressed. City Council should provide input on whether license applications should be approved at the staff level or at the discretion of the City Council. If approved, at the end of the season staff will report back on the demand for the program, number of licenses issued, experience of businesses who participated and any complaints that were received. Council would decide at that point whether or not to make the Temporary Outdoor Patio Ordinance permanent or other possible next steps. CITY COUNCIL ACTION If the City Council would like to proceed with the City Code amendment, the item would then be placed on the March 22, 2022 Council agenda for a public hearing and final action. Attachments Draft Ordinance Draft Temporary Outdoor Patio License Application  CITY OF OAKDALE ORDINANCE 2022-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 XVI Temporary Outdoor Patios Sec. 9-150. Definitions. The following words and terms, when used in this Chapter, shall have the following meanings unless the context clearly indicates otherwise:  Temporary Outdoor Patio – A specifically defined outdoor area, operated by a restaurant or tavern for seasonal outdoor service between April 1 and November 1 in a calendar year, located on an existing sidewalk or parking area. 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 City Clerk 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; the location and type of enclosure materials to be used by the applicant under the license; an updated certificate of insurance for liquor sales, indicating that liquor liability is extended to the outside of the building premises; and such other information as shall be required by the application form. The City Council may approve a permit 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 businesses must comply with noise ordinances in Sections 19-03, 19- 04(c) and 19-05 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 April 1 to November 1 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. Every license required by this article may be revoked by the City Council for a violation of any provision of this article, if the licensee has been given a reasonable notice and an opportunity to be heard. Section 2. This Ordinance shall take effect and be in full force from and after its adoption and publication and will expire on December 31, 2022, unless further extended by the Oakdale City Council.  ______________________________________ Paul Reinke, Mayor AYES: NAYS: Adopted this 22nd day of March, 2022 by the Oakdale City Council. Attest: ______________________________________ Kathy Laur, City Clerk Published: Text with underline is proposed for insertion.  COMMUNITY DEVELOPMENT DEPARTMENT 1584 Hadley Avenue N, Oakdale, MN 55128 Contact: Katie Robinson, Katie.Robinson@ci.oakdale.mn.us Phone: 651-730-2739 | Fax: 651-730-2818 TEMPORARY OUTDOOR PATIO LICENSE APPLICATION License Term: April 1 – November 1, 2022 BUSINESS INFORMATION Business Name: Business Address: Contact Person: Business Phone: Email: SUBMITTAL MATERIALS The following materials must be submitted with your application in order to be considered complete. If you have any questions or concerns regarding the necessary materials please contact Katie Robinson, Licensing/Deputy Clerk, 651-730-2739 or Katie.Robinson@ci.oakdale.mn.us (AP – Applicant check list, CTY – City check list) Applicant Address: AP CTY Materials   Site Plan: A site diagram drawn as close to scale as possible. An aerial photo may be used to draw the proposed temporary outdoor patio area (search for your property address to find an aerial photo here: https://tinyurl.com/y9w327qh). The site plan must show the following:  Placement and size of the outdoor patio (include dimensions of the area in feet) o Note: all areas for liquor sales must be compact and contiguous with the licensed premise.  Any proposed changes to vehicle parking spaces and drive aisles. The use of parking lots, drive lanes, or sidewalks must be safe and secure (enclosed by fences or barricades). o The outdoor patio area shall not interfere with pedestrian or vehicular movement through the site or access by emergency vehicles such as fire trucks.   Written Narrative Describing Operation: A written description of your request. The description must include the following:  Description of the Temporary Outdoor Patio: o Location o Access for patrons and staff o Number of seats and tables o Type of enclosure materials o Any additional information needed to describe the request  Business hours for the Temporary Outdoor Patio area  Proposed start and end dates of Temporary Outdoor Patio area Page 1 of 2   Other information as applicable:  For Liquor Sales: An updated certificate of liability insurance, indicating that liquor liability is extended to the outside of the building premises. The City of Oakdale must be listed as additional insured and as the certificate holder  Approval from the Property Owner (if different from the applicant)  Canopies or coverings must demonstrate that they are flame resistant  If outdoor heating is proposed, provide the type of heater and fuel source (propane, electric, gas, etc.)  Plans and schedule for amplified sound or live music.  All businesses must comply with the noise ordinances in Chapter 19 of the City Code. Staff may request additional information based on the particular request. LICENSE APPLICATION APPROVAL PROCESS 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. SIGNATURE OF BUSINESS OWNER Business Owner Signature: Date: SIGNATURE OF PROPERTY OWNER (IF DIFFERENT FROM THE APPLICANT) Property Owner Signature: Date: Page 2 of 2