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City Council Workshop

Regular Meeting

Oakdale, MN · August 8, 2022

AgendaMinutes

Minutes

WORKSHOP MINUTES OAKDALE CITY COUNCIL August 8,2022 The City Council held a workshop on Tuesday, August 8, 2022 at Oakdale City Hall, 1584 Hadley Avenue North, Oakdale, Minnesota. The meeting began at 5:01 PM. Present: Mayor Paul Reinke Council Members: Jake Ingebrigtson Susan Olson Colleen Swedberg Kevin Zabel City Staff Members: Christina Volkers, City Administrator Katie Robinson, Deputy City Clerk Jason Zimmerman, Finance Director Andrew Gitzlaff, Community Development Director Lori Pulkrabek, Communications Manager Nick Newton, Police Chief Kevin Wold, Fire Chief Shannon Reidlinger, Senior Community Development Specialist Rachel Tierney, City Attorney Mike Kothe, Utilities Division Superintendent Prior to any presentations and/or discussion, Mayor Reinke reminded the Council, staff and guests these workshop meetings are for information gathering, question clarifying, and no decision making will be made as a Council body. COMPREHENSIVE PLAN PARKS AND TRAILS AND RESILIENCY CHAPTERS DISCUSSION Through a series of Council workshop staff has been providing a chapter by chapter overview of the Comprehensive Plan and facilitating a discussion with Council on the following: • Are the policies identifying the appropriate course of action to achieve the goal? • Is anything missing, inaccurate or in need of further evaluation? • Are there some policies that should be prioritized? Chapters are sent out with the agenda packet for review in advance. Staff is tracking language changes that will be made as part of a future Comprehensive Plan amendment. Community Development Director Gitzlaff stated that Parks and Trails and Resiliency are the last two chapters in the Comprehensive Plan to be presented to Council and upon feedback, the next phase would be implementation. Mr. Gitzlaff met with Recreation Superintendent Julie Williams prior to this meeting to review what Parks and Recreation has currently been up to in regard to the goals of their CIP. Unfortunately, Ms. Williams was unable to attend the Workshop. Mr. Gitzlaff proceeded to lead Council through a detailed reviewed of the Park and Trails and Resiliency Chapters. The following questions / discussion rose from the discussion; WORKSHOP MINUTES AUGUST 8, 2022 PAGE TWO Goal 1: Recreation programming and park improvements shall respond to the needs and preferences of a diversity of ages, cultures, abilities and incomes. Policy 3; Purse the acquisition and development of the defunct Par 3 golf course into a passive park. Council Member Ingebrigtson asked if there is a chance to review or obtain any grievances that may be in place with Par 3 regarding the neighbors? Mayor Reinke asked Council Member Ingebrigtson if he is specifically referencing the green space to which Council Member Ingebrigtson replied, yes, with the proposed development there, it’s difficult to have a conversation in regard to that property without knowing the expectations of the neighbors. City Administrator Volkers shared the owners of Cedric’s Landing had several conversations with the residents, neighbors and the City and while the green space is wanted, it is not a requirement of the city or land owners. Mayor Reinke believes there is a covenant in place with the property owners for the southwest side of the property (Par 3) that needs to be clarified. Council Member Olson, asked for clarification on ‘covenant’. Mayor Reinke stated there there is an agreement in the deed (between the property owner and a developer) about each property owner having the potential right to purchase the space should the area ever get developed. Council Member Zabel reminded the Council that the area is a Planned Unit Development (PUD) at some point a developer came in to design the whole area and went through the planning process; those are the documents that we need to reference. Mr. Gitzlaff stated that in regard to Cedric’s Landing, some people in the neighborhood are asking questions about the space in question. At this point the City (Community Development) has had a follow up meeting with them since the concept plan. Some of the legal work that was reviewed was a covenant related to property remaining a golf course for the benefit of the residents around there, however, covenants do expire. He will confer with legal on specifics of expired covenants. Mayor Reinke mentioned he is supportive of having the policy within that goal if the wording was changed a bit with the removal of the word “pursue”. Council Member Swedberg agrees that the wording should be changed. Council Member Olson asked if a passive park is the only thing we can do withthe old par 3. Council Member Zabel confirmed, yes, due to the contamination in the land and the large amount of wetland, a passive park is the best option for that specific area. Goal 2: Recreational programming, park facilities, and open space shall be assessible to all physical abilities and incomes. WORKSHOP MINUTES AUGUST 8, 2022 PAGE THREE Policy 1; Develop a plan to ensure programming, parks, and open spaces are accessible for all abilities and incomes. Mr. Gitzlaff had a conversation with Ms. Williams in regard to this policy and at this time there is not a more specific plan written and this is still an area for growth. Policy 2; Develop a plan to ensure the public use of open space, including wetlands, is open to all pedestrians and bicyclists. Council Member Swedberg expressed her concern and mentioned maybe going forward, we do not want all the paths open to both walkers and bicyclists, upon hearing from both pedestrians and cyclists, they would prefer some paths to be designated to one or the other. Council Member Zabel asked how would the City be able to restrict that. This policy was drafted with the ordinance in mine. The ordinance states you can bike on all sidewalks, trails and paths. Council Member Swedberg mentioned that the wording could be changed in the ordinance and that there are other surrounding communities that do have these separate options on trails and sidewalks. Goal 4: Recreation programming shall engage the boarder community in program development and delivery. Policy 1; Evaluate the feasibility of establishing a recreation and maintenance volunteer program. Mr. Gitzlaff met with Ms. Williams in regard to this and she stated there were discussion in the past about having one volunteer-based committee for this type of program. However, at this time it’s more of an ad hoc approach and commitment. Policy 3; Include a diversity of stakeholders, to include age, race, ethnicity, and income in parks and recreation program planning. Currently Parks and Recreation gather surveys from current parks users and that is one significant way they get their information for future development ideas/plans. Senior Community Development Specialist Reidlinger led Council through a detailed reviewed of the Resiliency Chapters. She mentioned she will be providing examples of any goal/policy that the Environmental Management Commission (EMC) currently has on its 2022 workplan. She also prefaced the data source for the utility related information – it is from the Regional Indicators Initiative (a tool funded by different organizations that compiles data from utilities usage across the state). WORKSHOP MINUTES AUGUST 8, 2022 PAGE FOUR The following questions / discussion rose from the discussion; Goal 1: Consistent with state-wide goals, community-wide greenhouse gas (GHG) emissions shall be reduced 30% by 2025, and 80% by 2050 from 2007 levels in order to mitigate the impacts of climate change on the community. Policy 1; Promote reinvestment in residential and commercial properties through energy efficiency education technical assistance, and financing programs. Ms. Reidlinger’ s example of this policy is that the EMC just hosted a solar power hour to tell residents about the pro solar twin cities programming happening this year. Policy 2; Connect low-income residents to home weatherization and energy efficiency resources to encourage housing stock reinvestment. Ms. Reidlinger shared that the EMC has a goal of hosting a citizen utilized board clinic to help residents think through their utility bill and how they can minimize costs. Council Member Zabel asked Ms. Reidlinger if there was a reason why this policy specially calls out lower income residents? Ms. Reidlinger explained that other than it could be just there are more programs to promote in that area as there are a fewer resources for low-income residents from utility providers to help offset some of those costs. City Administrator Volkers stated this may be an area for a policy change as to not call out only low- income residents. Policy 3; Protect and encourage on-site solar energy development that maintains community character while utilizing local solar resources to the fullest potential. Ms. Reidlinger stated an example of this policy is the Community Developments creation of the Business Retention, Expansion and Attraction (BREA) program. With the BREA program there is a resource guide available for organizations that includes funding information for solar. Council Member Ingebrigtson asked in regard to the move to electric on everything, has anyone had a conversation of what they might do if the power grid fails? Council Member Swedberg replied stating the infrastructure is not here (she referenced a presentation Xcel Energy had a previous Chamber meeting). She also shared that part of that discussion/presentation was that farmers had to stop using their windmills because they could not distribute the excess energy from windmills. Council Member Zabel will send an informational link to Ms. Volkers to share with everyone else on the topic of power infrastructure. WORKSHOP MINUTES AUGUST 8, 2022 PAGE FIVE Ms. Reidlinger also brought up an article she had read in the Star Tribune back in 2021 about the same topic. She will research this and get the information to Ms. Volkers. Council Member Olson asked if Minnesota shares energy with other states? Council Member Ingebrigtson replied yes and gave an example of Minnesota and North Dakota sharing via powerlines running in concurrent with Interstate 94. Policy 4; Adopt zoning regulations that will establish standards for renewal energy technologies to ensure neighborhood compatibility and access. City Administrator Volkers along with Council Members Olson and Swedberg, suggested there should be a language change from “will establish” to ‘strive to’. Council Member Olson asked Ms. Reidlinger for clarification as to where the 80% mentioned in Goal 1 was derived from and if it’s even achievable. Ms. Reidlinger replied that the information is an exact copy of the goal by the State of Minnesota and whether or not it’s achievable is unknown. However, the State does generate an annual report showing their results. Council Member Zabel pointed out that some of these goals will happen naturally due to choices by the utility provider. Council Member Olson asked what impact does the global market have on a small city? Ms. Reidlinger replied that the there are many factors out of a city’s control, so the policies are written in respect to what the City does have control over when it comes to making a difference on a global problem. She also shared an example of the recent adoption of amended ordinances for Electric Vehicles with in the City. Policy 5; Promote and encourage residential and commercial participation in green building programs as well as renewable energy financing and purchasing programs include PACE / other loan programs, community solar and wind power purchase programs. Ms. Reidlinger shared an example of this policy is the promotion of Community Solar Garden. Policy 6; Support private and public infrastructure that accommodates and encourages use of electric and autonomous vehicles and explore options for City fleet use of electric vehicles. Ms. Reidlinger’ s example of this policy is the kick off of the upcoming fleet study. Policy 7; Promote and encourage strategies that reduce waste generation and increase options for reuse, recycling, and composting of items in City operations, residential and commercial developments. WORKSHOP MINUTES AUGUST 8, 2022 PAGE SIX Ms. Reidlinger reminded Council that the city does receive a grant from Washington County annually for this. Goal 2: The City shall be prepared to respond effectively to climate change by implementing adaption and resilience strategies. Policy 2; Utilize stormwater management areas as pollinator habitat and neighborhood amenities. Council Member Swedberg asked if this a policy we currently are acting on. Ms. Reidlinger replied that other than the ones that were placed in Tanner’s Lake, she is unsure of other locations throughout the city but will research this and share her findings. Policy 4; Promote water conversation programs to protect groundwater resources. Ms. Reidlinger sated the EMC is currently doing this through the Adopt a Drain program (EMC has adopted a few drains at Walton Park). Policy 5; Promote water infiltration techniques sch as raingardens and pervious pavers to replenish groundwater resources This policy is already promoted by the City by promoting rain barrels while they are being sold by community retailers. Policy 9; Adopt regulations that will establish standards for urban farming to improve compatibility with neighboring properties. Council Member Zabel and Ms. Reidlinger both gave examples of ‘urban farming’ that included; residents having chickens, goats, bees in their yard along with residents who have subscribed to the Community Supported Agriculture (CSA) to have a large garden on their property. FUNDING FOR NEW PUBLIC WORKS FACILITY AND NEW POLICE FACILITY Continued discussion has been held over the past three years regarding the need and subsequent plans for these significant and critical building projects in the City of Oakdale. During the 2020 legislative session, the city requested authority for Local Option Sales Tax (L.O.S.T.) to fund a new Public Works Facility and a remodeled and expanded Police Facility. Due to the pandemic, the legislature did not finish their business. Then during the 2021 Legislative session, the city again requested to use of L.O.S.T. for these two capital projects which was approved and enacted into law for $22,000,000 maximum for a Public Works facility and $15,000,000 maximum for the Police facility. WORKSHOP MINUTES AUGUST 8, 2022 PAGE SEVEN Due to many factors including supply chain issues and soaring costs of construction, the projected cost of both projects is significantly higher than the most recent estimates from late 2020 and early 2021. During the 2022 Legislative session, the city introduced further legislation to seek the authority for increased amounts for these two projects, however the MN Legislature ended their session without following through on our request. Discussion was held at the July 12, 2022 workshop regarding current cost projections for the new Public Works facility, which is estimated at $31,578,800 (plus all professional fees, FF&E, testing, inspections, road salt building, and needed fuel island). Because the 2021 legislatively authorized L.O.S.T. is maximized at an amount much less than what is needed, discussion must be held regarding overall options for additional funding for both needed capital projects. City Administrator Volkers prefaced this conversation with stating there have been many conversations with the lobbyists regarding obtaining additional funds for the projects. She pointed out to Council that if the City had to do a bond for the above stated projects, the information Financial Director Zimmerman handed out is an approximate of what that would look like financially for the City’s in the upcoming years. Ms. Volkers asked the Council what number / amount they would be comfortable with if the city were to bond for these amounts in property taxes. Finance Director Zimmerman handed out preliminary information (documents created by Bakertilly Municipal Advisors). The first document was a preliminary run for 10yr / $5M that would be presumed for Willowbrooke Parks although it’s not decided as of yet. It calculated a $670K levy need for the bond payment, which is about a 4% levy rate increase on a $16M general fund base. The second document includes the additional needed for a Public Works facility beyond the authority for L.O.S.T. based off estimated construction documents with a principal of only $28.49M. There was another projection done on the $47M likely needed for both capital projects, which would be presumed to be $28M for Public Works and $19M for the Police Department. Council Member Ingebrigtson asked the group on their thoughts on what the next steps would be if the sales tax levy does not pass? Council Member Zabel stated the simple fact would be to levy to recoup north of $3M every year, when the proposition is that half of that could be paid by non-residents through sales tax. City Administrator Volkers clarified that at $3M a year, with each 1% tax levy is approximately $143,000, that is a significant levy increase. Council Member Zabel shared that the law / statute says we stop collecting sales tax when the principal is paid off. For example, when the principal payment for Public Works is satisfied at $22M, approximately in year 2045, that is when the revenue from L.O.S.T. shuts off, is that correct? WORKSHOP MINUTES AUGUST 8, 2022 PAGE EIGHT We would not keep collecting sales tax to cover interest after the $22M is paid, correct? Both Mr. Zimmerman and Ms. Volkers replied, yes. Council Member Zabel then asked, what would happen if our estimated sales tax revenue over performs? Ms. Volkers replied that the City would pay ahead of schedule. Council Member Ingebrigtson mentioned that as people tend to leave rural Minnesota and come to the twin cities, our sales tax revenue could increase a little more. Ms. Volkers replied that yes that could happen, this documentation provided is a conservative approach. Mr. Zimmerman explained the method being used for this information is the U of M assumption of 3% for the first three years and then an assumption 1.5% increase after that. Mayor Reinke asked for clarification, if the information was stating that even with a successful half cent sales tax, the amount of money that gets raised through L.O.S.T. is $37M, but we have $47M of planned projects? Ms. Volkers replied yes, that is correct. Council Member Zabel stated the sales tax between the two projects would yield $37M, however he believes there is a risk that may not meet that in 25 years and asked Mr. Zimmerman, what would then cover the costs? He continued to say, there is $22M for Public Works and $15M for the Police Department, however, if it comes in over, there would have to be a levy or some taxpayer funded method to make up the difference. The U of M extension report estimates enough L.O.S.T. to pay the $37M debt. However, Mr. Zimmerman also explained to Council that in the event that a decline happens, there needs to be reserves available and this would be included in the bond document. As time goes on and the fund increases, there’s will be room for recalculation of the levy. Ms. Volkers asked Mr. Zimmerman what his suggestion is as to how the City should move forward at this time. Mr. Zimmerman responded that this is Bakertilly’s information / projections and when they structure these types of deals they are looking at a 20% coverage and then over time depending on what’s happened, there’s an ability to recalculate the levy, but what they are saying is based off their recommendation for financial perspective the profit from the LO.S.T. is just shy of $28M given all those conservative qualifications At this point, Ms. Volkers asked Council, if the City has to go back to the legislature, what should we ask for? Council Member Zabel responded that $30M for Public Works and $18M for the Police Department and a longer duration for the bond. Council Member Swedberg agreed and suggested 40 years. WORKSHOP MINUTES AUGUST 8, 2022 PAGE NINE Mayor Reinke recapped the discussion thus far stating, if we go to the voters on November 8 with these asks and they say yes and we start collecting, then we go to the legislature to adjust the amount, we take the risk of getting stood up by legislature and then we are either going to have to stop the process/project or redirect to Parks (or something else) if we can continue to collect the money until we go back the 3rd time. Council Member Zabel reminded the group it is important to know there is no mechanism in the statute that allows us or legislature to do this, they would have to create an exception and we all agree the projects have to happen, it’s just a matter of how do we get there financially. Mayor Reinke replied, that would be part of the story to our voters, explaining to them this has to be regardless. Ms. Volkers recommended not proceeding on asking the voters for higher amounts on the ballot without having full authority by the legislature to do so. Due to time constraints, Mayor Reinke stated the group has to move on to the remaining topics. He stated the City will know more about the voter’s decision on November 9. He then asked Ms. Volkers if there is a language question that needs to be to finalized? Ms. Volkers stated, yes, we have to decide on the language tonight. Council Member Ingebrigtson asked for clarification on what happens if there is a tie in the voting process. Ms. Volkers clarified a tie would be a ‘no’ or fail in the vote. INTERIM ORDINANCE IMPOSING A MORATORIUM ON THE SALE OF CANNABIS PRODUCTS Beginning on July 1, 2022, it became legal to sell certain products containing delta-9 THC (“THC Products”) in Minnesota. The Act allows THC Products to be sold if certain requirements are met including that there are not more than 5mg of THC per dose and 50mg of THC per container; the purchaser is at least 21 years old; and the products are not marketed towards children. The Minnesota Board of Pharmacy (“Board”) is the state agency with oversight of THC Products. There is currently no state-level license required in order to sell THC Products and the Board does not test or approve products prior to their sale. City Administrator Volkers opened the discussion telling the Council we need to know their intent in how to move forward. There is not currently a mechanism for enforcing this new law at the City level, however, there is on a State level. Council Member Olson expressed she is not supportive of a moratorium at all. Mayor Reinke questioned if we are putting our police officers in a difficult spot if there is nothing guiding them on how to react / act to issues that may arise if there are not restrictions / guidelines with these types of sales. WORKSHOP MINUTES AUGUST 8, 2022 PAGE TEN Police Chief Newton explained to the Council that the Board of Pharmacy is the authority for THC sales with this specific product and an issue of concern is that there is only one field agent for the entire State to monitor/handle any issues that may arise from these types of sales. The bigger concern is if the city does not do anything locally to regulate this there could be lasting impacts on law enforcement, EMS, Community Development and Business Development. For example, if this is a trend and it goes away in 3 – 4 years because marijuana happens to become legalized, then there are businesses in the community that would end up closing. The police department would like and recommends a moratorium to allow time to research and make a more informed decision on how to best move forward for the safety of the community. Council Member Olson stated, this is the ‘baby’ of marijuana and if we put a moratorium on it, we are stopping business owners from selling a legal product and taking it away from consumers who may need it for pain management, PTSD, and depression along with so many other medical conditions when they may not be able to afford a doctor. Mayor Reinke asked Police Chief Newton: in a scenario if push comes to shove you receive calls about a reaction to THC, would it put the Police Department in jeopardy if we do nothing but make a complaint to the Board of Pharmacy? Chief Newton responded that if we license it, but would have to determine if background checks and compliance checks will be done. There needs to be some due diligence on how to set this up. There have been some bulletins that have come out to Police Chiefs to expect more EMS calls along with more calls to the poison centers. A significant misfortune is that the product is made to look like candy and thus may be seen as such by kids, so there is a high risk of children finding the products in their homes and consuming them. The city just needs to somehow get ahead of it, it’s new and we don’t have enough to decide right now. Council Member Olson expressed that she understands the concerns for the safety of the children in our community, however, there has to be some accountability with the consumer as well, much like the accountability /responsibility of parents keeping alcohol and tobacco products out of children’s reach. She continued to say that in her opinion, the community is not going to start seeing people dropping on the sidewalks due to the ‘high’ they get for this product. Cost comparatively, people could buy something much stronger for the same amount of money is costs for the bag of gummies that are currently being sold. Council Member Zabel acknowledged the public safety element to this as well and noted there is also a zoning element to this that needs to be addressed. Currently, the product can be sold in any retail establishment in any district across the city. There is nothing in the ordinance that says it’s a permitted use and fits within a specific category. There needs to be a zoning conversation as to whether it’s more appropriate in certain areas vs. other areas. Per the example Council Member Olson gave about alcohol and tobacco, those are regulated and only allowed in certain zoning areas. Council Member Olson responded stating she is supportive of zoning and the licensing the product, however regarding she is not supportive of cutting consumers and business owners completely off until those decisions are made (a moratorium). WORKSHOP MINUTES AUGUST 8, 2022 PAGE ELEVEN Mayor Reinke opened up the conversation with Council with a suggestion of a possible moratorium, figure out the licensing process for this product and to do a moratorium to allow time to figure out more details. A suggestion was to allow current sellers of the product to continue to sell, but to not allow any expansion of their sales or new establishments to begin sales until the city has determined the best way to regulate locally, noting the establishments currently selling would have to be required to self-report and be compliant with the regulations the City eventually provides. Council Member Swedberg mentioned that she had a conversation with the Director of Alcohol and Gambling Enforcement Division and that person was in favor of the moratorium, but stated each city needs to decide how to get their arms around it. Council Member Swedberg then confirmed that she is in support of a moratorium, but for a shorter duration (6 months). Mayor Reinke asked for confirmation of supportive or not supportive of a moratorium? Mayor Reinke, Council Members Ingebrigtson and Olson stated no moratorium. Council members Zabel and Swedberg support a moratorium. The preference appears to be not to proceed with a moratorium, take steps to develop licensing and zoning criterial, require people to self-report, and give them an adequate amount of time (whatever the city decides) to be compliant. Council Member Zabel asked if phasing in is allowed in our statutes for those that are already selling the product. Assistant City Attorney Tierney explained to the group that you can phase it in, however the city could face the argument that a use has been established and that is the difference between zoning and licensing. There is no grandfathering in licensing, you must meet the required criteria to obtain a license. However, zoning does have an option of grandfathering and that is where a location issue may arise, but imposing a license would allow the ability to deny a location as they have would have to meet the licensing criteria (with location being part of the criteria). After a brief pause, the Mayor requested Councils decision, Council Members Zabel and Swedberg are in favor of a limited moratorium, Council Members Olson, Ingebrigtson along with the Mayor are not in support of a moratorium but do want to move forward with a licensing process. COUNCIL TOPICS Ms. Volkers referenced a letter received by Steve Willock, owner of Oak Marsh golf course asking for an expansion of hours during the summer months to allow for early morning maintenance. This will be discussed further by council at a later time. Council Member Olson asked if anyone had clarification on foreign entities buying land in the community? As she stated, some states are currently regulating the ability for foreign entities to purchase land, the question is, can a city do the same and regulate the purchase of land (to foreign entities)? WORKSHOP MINUTES AUGUST 8, 2022 PAGE TWELVE City Administrator Volkers said she would seek Legal input on this topic and get back to Council. ADJOURNMENT The workshop was adjourned at 6:52pm. Respectfully submitted, Katie Robinson Deputy City Clerk

Agenda

AGENDA City Council Workshop Workshop August 8, 2022 OAKDALE COUNCIL CHAMBERS 5:00 PM Comprehensive Plan Parks and Trails and Resiliency Chapters Discussion 5:40 PM Funding for New Public Works Facility and New Police Facility 6:15 PM Interim Ordinance Imposing a Moratorium on the Sale of Cannabis Products 6:40 PM Council Topics 6:55 PM Recess for Regular Meeting COUNCIL MEMORANDUM To: Honorable Mayor and City Council From: Andrew Gitzlaff, Community Development Director Date: August 8, 2022 Subject: Comprehensive Plan Parks and Trails and Resiliency Chapters Discussion BACKGROUND Through a series of Council workshop staff has been providing a chapter by chapter overview of the Comprehensive Plan and facilitating a discussion with Council on the following:  Are the policies identifying the appropriate course of action to achieve the goal?  Is anything missing, inaccurate or in need of further evaluation?  Are there some policies that should be prioritized? Chapters are sent out with the agenda packet for review in advance. Staff is tracking language changes that will be made as part of a future Comprehensive Plan amendment. See attached comment tracker form for reference. The Introduction and the Land Use Chapters were discussed at the February 8, 2022 and February 22, 2022 Council workshops. The Housing and Neighborhoods Chapters were discussed at the April 29, 2022 special Council workshop. The Transportation Chapter was discussed at the April 26, 2022 meeting. At this meeting, the discussion began on the Economic Development Chapter and was tabled until the May 24, 2022 Council workshop to complete the discussion. The Water Resources Chapter (4) was discussed at the June 28, 2022 Council workshop. At the August 8, 2022 Council workshop, staff will lead a facilitated discussion with Council on the Parks and Trails (5) and Resiliency Chapters (8) of the Comprehensive Plan. Future Council workshops will focus on the Implementation Chapter (10), reviewing the comment tracker and proposed Comprehensive Plan amendment language. Attachments Comment Tracker Summary Presentation Parks and Trails and Resiliency Chapters of the 2040 Comprehensive Plan Comprehensive Plan City Council Comment Tracker Date Received Chapter Comment Recommended Action 2-8-22 Chapter 2 – Concerned about the preciseness of some of the Revise statement to say Workshop Land Use policy statements in the Comprehensive Plan “consider an annual including Goal 2 Policy 4 establishing an annual EDA levy along with the EDA levy to fund predevelopment and other funding rehabilitation activities. mechanisms”. 2-8-22 Chapter 2 – Council emphasized that the words that are used Noted. Workshop Land Use are important. 2-8-22 Chapter 2 – Council wanted more information on the specific Consider updated the Workshop Land Use parcels listed under Goal 1 Policy 1 and more list of sites based on clarity on the Council’s role in preparing needs / interest from redevelopment plans considering many of these landowners, add more properties are privately owned. clarity to the City’s role in preparing redevelopment plans. 2-8-22 Chapter 2 – Council expressed a concern about references to Add more clarity in Workshop Land Use public financing and how it creates a perception Comprehensive Plan to that the City will provide public financing for where, when, how and every project without additional evaluation of the why public financing merits. Staff noted that the Comprehensive Plan would and would not be is not the last word. It provides overall guidance considered. but the City Council can direct staff to conduct additional study and craft more specific policies and programs to better define and interpret the current Council’s position. 2-22-22 Chapter 2 – Our current TIF policy doesn’t separate Review the Baker Tilly Workshop Land Use residential and commercial and is outdated. TIF Summary and Council would like to see a comparison and update the City’s TIF contrast of how it is now and recommendations Policy as a separate from staff for how it could be improved. effort and reference the updated TIF Policy in the Comprehensive Plan. 3-29-22 Chapter 6 – There are a lot of other subsidies such as Consider noting other Workshop Housing Section 8 vouchers and mortgage assistance programs in the programs that are not captured as publicly Housing Chapter and subsided housing units in the existing local their contribution condition chart. towards meeting the City’s affordable housing goals. 3-29-22 Chapter 6 – The Comprehensive Plan Area Median Income Reference current AMI Workshop Housing (AMI) numbers listed in the plan are outdated. but do not include a specific number because it does not change every year. 3-29-22 Chapter 6 – Desire to take a closer look at the Neighborhood Staff will review the Workshop Housing Preservation and Enhancement Initiative’s NPEI, the process for Housing Rehabilitation Strategic Framework approval and discuss (NPEI). with Council if changes should be made to better reflect the Comp Plan and the current Council’s thinking. 3-29-22 Chapter 6 – What does it mean to develop plans under Goal Consider adding clarity Workshop Housing 1 Policy 2? to the type of plans referenced (finance plan, management plan). 3-29-22 Chapter 6 – What happens if you do not meet the Ensure the Workshop Housing Metropolitan Council requirements? Ultimately it Comprehensive Plan could end up in legal challenges or the City may remains legally become ineligible to receive future grants under defensible, not in the Livable Communities Act. conflict with regional plan and fulfills our requirements to be eligible for funding. 3-29-22 Chapter 6 – How was the 791 units of affordable housing No change since the Workshop Housing established? Staff clarified these numbers number is established came directly from Metropolitan Council based by the Metropolitan on a regional allocation formula. The Council. Metropolitan Council does not require a City to meet this number. The Metropolitan Council does require (through review of the land use plan conformity) that there is sufficient land use and allowable densities programmed within the City so that these units can feasibly be built. The Metropolitan Council also will make sure that the City has identified tools (within the housing chapter) that could be used to accomplish the goal. 3-29-22 Chapter 9 – There are multiple references to the City’s Remove references to Workshop Neighborhoods emergency home rehabilitation loan program. this particular program if discontinued by the City and references other active program partnerships 3-29-22 Chapter 9 – City Council provided direction to consider Staff will work on Workshop Neighborhoods adopting MN State Statutes 65A.50 Trust or adopting as a separate Escrow Accounts: Insured Real Estate Property effort from the Fire or Explosion Loss Proceeds into the City Comprehensive Plan Code 3-29-22 Chapter 9 – How will our progress be tracked to meeting the Additional detail is Workshop Neighborhoods adopted goals? provided in the implementation chapter which will be discussed at a future workshop. 4-26-22 Chapter 3 – Goal 2 – Some of the policies seem outside the For additional clarity, Workshop Transportation City’s ability to control such as burying suggest using words powerlines along Highway 120 such as coordinating with, advocating or supporting the work of others. 4-26-22 Chapter 3 – Goal 3 – Policy 5 states support for jurisdictional Consider removing Workshop Transportation roadway transfers, Council discussed whether entirely or adding we really wanted to support future jurisdictional additional explanation transfers. It is unclear what the benefit would be that the transfer must to the City for taking on the additional roadway be in the financial responsibilities. interests of the City and to the benefits of residents 4-26-22 Chapter 3 – Goal 4. Consider adding a policy to support the Consider adding this Workshop Transportation addition of a pedestrian walkway adjacent to the policy to the 40th Street bridge over I-694 improving access Comprehensive Plan. from existing neighborhoods on the west side to Having this policy in the Willowbrooke neighborhood on the east side place will help support future funding requests at the state and federal level 4-26-22 Chapter 3 – Goal 5. Question about the City’s role in Policy Statement 3 Workshop Transportation collaborating with Metro Transit. Clarification could better specify was provided that Metro Transit operates the that Metro Transit is the regional system but the City can provide input on service provider where routes can go 4-26-22 Chapter 7 – Goal 2. Question about whether this should be Unless causing harm Workshop Economic two separate Goals, one focused on jobs and suggest leaving as one Development other on quality of life Goal recognizing that these Goals were the result of a public engagement process, the policies under the Goal could be better aligned. 4-26-22 Chapter 7 – Goal 1 – Concern about the term Living Wage Consider adjusting the Workshop Economic and how it might be misinterpreted as the city Goal to remove the Development supporting a mandatory minimum wage word shall and replace with encourage or use an alternative term other than living wage. 4-26-22 Chapter 7 – Policy 3 – ensuring adequate supply of land for Consider updating to Workshop Economic new and expanding commercial and industrial reflect current realities Development development may be out dated with the limited amount of land remaining in the City 4-26-22 Chapter 7 - Policy 1 – Question about if the City really want Consider updating to Workshop Economic to be spending a lot of resources attracting reflect current priorities Development specific businesses? 5-24-22 Chapter 7 - Goal 2 – Policy 2 concern with the phrase Suggest adding Workshop Economic “provide financing options” general consensus specification to clarify Development from Council that we do not want to be in the that the City will not be business of being a financial lender but are open a lender but will explore to being a funding conduit in certain other conduit financing circumstances options 5-24-22 Chapter 7 - Goal 2- Additional clarity needed between Clarify in the text that Workshop Economic purpose of Policy 1 and Policy 2 Policy 1 focuses on Development resources that others provide and Policy 2 focuses on resources potentially provided by the City 5-24-22 Chapter 7 - Goal 2 – Policy 4 consensus remove reference to Remove the word Workshop Economic affordable daycare because the City has no adorable Development control over affordability of daycare 5-24-22 Chapter 7 - Goal 2 – use of the word shall for this goal is not Consider alterative Workshop Economic appropriate since the City does not have direct word such as Development control over the outcomes encourage, softening language for other goals and policies should also be considered 5-24-22 Chapter 7 - Goal 4 – Policy 2 concern that the Oakdale First Revisit the Oakdale Workshop Economic Policy is actually enforceable by the City or if it First Policy as part of a Development places too much burden on employers separate discussion with Council 6-28-22 Chapter 4 – Goal 1 (Water Supply) – Policy 1 what is included Staff provided a Workshop Water in a wellhead protection plan? summary, no changes Resources requested 6-28-22 Chapter 4 – Goal 1 (Water Supply) – Policy 2 why do we only Staff clarified that those Workshop Water reference MN Dept. of Public Health standards? standards are the most Resources restrictive, no changes requested 6-28-22 Chapter 4 – Goal 3 (Water Supply) – Policy 2 some concern Continue to evaluate Workshop Water that utility rate differential is not great enough to utility billing rate Resources encourage conservation structure Comprehensive Plan Parks and Trails and Resiliency Chapters Overview Oakdale City Council Workshop August 8, 2022 Parks and Trails Chapter Adopted Goals and Policies 2 Goal 1: Recreation programming and park improvements shall respond to the needs and preferences of a diversity of ages, cultures, abilities and incomes. Policies: 1. Continually evaluate the relevancy of current recreational programming and park amenities. 2. Deliver park programming directly within Oakdale’s neighborhoods and continue the Recreation Department’s pop-up park program. 3. Pursue the acquisition and development of the defunct par 3 golf course into a passive park. Goal 2: Recreational programming, park facilities, and open space shall be accessible to all physical abilities and incomes. Policies: 1. Develop a plan to ensure programming, parks, and open spaces are accessible for all abilities and incomes. 2. Develop a plan to ensure the public use of open space, including wetlands, is open to all pedestrians and bicyclists. Goal 3: Parks shall be integrated into the City’s pedestrian system. Policies: 1. Develop a plan to connect parks to each other via the City’s trail and sidewalk system. Goal 4: Recreation programming shall engage the broader community in program development and delivery. Policies: 1. Evaluate the feasibility of establishing a recreation and maintenance volunteer program. 2. Evaluate opportunities to develop service delivery and/or financial partnerships with other organizations. 3. Include a diversity of stakeholders, to include age, race, ethnicity, and income in parks and recreation program planning. Discussion Resiliency Chapter Adopted Goals and Policies 8 Goal 1: Consistent with state-wide goals, community-wide greenhouse gas (GHG) emissions shall be reduced 30 percent by 2025, and 80 percent by 2050 from 2007 levels in order to mitigate the impacts of climate change on the community. Policies: 1. Promote reinvestment in residential and commercial properties through energy efficiency education, technical assistance, and financing programs *. 2. Connect low-income residents to home weatherization and energy efficiency resources to encourage housing stock reinvestment *. 3. Protect and encourage on-site solar energy development that maintains community character while utilizing local solar resources to the fullest potential *. 4. Adopt zoning regulations that will establish standards for renewable energy technologies to ensure neighborhood compatibility and access *. * Indicates policy included in the 2022 Environmental Management Commission (EMC) Work Plan Goal 1: Consistent with state-wide goals, community-wide greenhouse gas (GHG) emissions shall be reduced 30 percent by 2025, and 80 percent by 2050 from 2007 levels in order to mitigate the impacts of climate change on the community. Policies (continued): 5. Promote and encourage residential and commercial participation in green building programs as well as renewable energy financing and purchasing programs including PACE/other loan programs, community solar, and wind power purchase programs *. 6. Support private and public infrastructure that accommodates and encourages use of electric and autonomous vehicles and explore options for City fleet use of electric vehicles *. 7. Promote and encourage strategies that reduce waste generation and increase options for reuse, recycling, and composting of items in City operations, residential and commercial developments *. * Indicates policy included in the 2022 Environmental Management Commission (EMC) Work Plan Goal 2: The City shall be prepared to respond effectively to climate change by implementing adaption and resilience strategies. Policies: 1. Ensure adequate stormwater system capacity to protect property owners from localized flooding. 2. Utilize stormwater management areas as pollinator habitat and neighborhood amenities. 3. Explore opportunities for creative re-use of stormwater in the right-of-way to irrigate boulevard trees and other landscaping. 4. Promote water conservation programs to protect groundwater resources *. 5. Promote water infiltration techniques such as raingardens and pervious pavers to replenish groundwater resources. * Indicates policy included in the 2022 Environmental Management Commission (EMC) Work Plan Goal 2: The City shall be prepared to respond effectively to climate change by implementing adaption and resilience strategies. Policies (continued): 6. Continue to coordinate with Washington County and other relevant emergency service agencies in the area of hazard mitigation planning. 7. Continue programs which increase the tree canopy in the City with disease-resistant species for air quality and cooling benefits to the community. 8. Support the establishment and maintenance of community gardens throughout the City to provide residents with easy access to healthy food. 9. Adopt regulations that will establish standards for urban farming to improve compatibility with neighboring properties. Relevance to 2022 Environmental Management Commission (EMC) Work Plan 2022 EMC Work Plan 2040 Comp Plan Action Description Promote energy efficiency and Chapter 8, Goal 1, • Host a Solar Twin Cities Power Hour. renewable energy in residential Policies 1 & 5 • Promote Xcel Energy Rebate Programs, PACE, and Trillion BTU. & commercial properties. Connect low-income residents Chapter 8, Goal 1, to weatherization and EE Host a Citizens Utility Board (CUB) Bill Clinic. Policy 2 resources. • Analyze opportunity to reduce barriers to solar for businesses and residents through suggested implementation of Chapter 8, Goal 1, Increase access to solar. recommended solar best practices. Policies 3 & 4 • Research SolSmart bronze level designation. • Pass suggested zoning and subdivision ordinance amendments. Chapter 8, Goal 1, EV-Ready Community Study • Analyze opportunity to transition one or more City fleet vehicles to an electric alternative. Policy 6 priority action implementation. • Coordinate opportunities for electric vehicle and EV charging station education. • Streamline EVSE permitting requirements with suggested process updates. Chapter 8, Goal 1, Reduce waste generation and Leverage funds from the Washington County Recycling Grant to promote recycling and waste reduction programs. Policy 7 increase recycling. Chapter 8, Goal 2, Promote Adopt-a-Drain (including EMC’s adoption of drains at Walton Park) through communication channels and at Promote water conservation. Policy 4 community events. Chapter 3, Goal 4, Implement GreenStep Cities Complete the bike and pedestrian plan update to identify and remedy trail-gaps between city streets and off-road trails/bike Policy 1 Best Practice Action 11.5. trails to better facilitate walking and biking. Chapter 3, Goal 5, Implement GreenStep Cities Complete the bike and pedestrian plan update to increase active transportation and car travel alternatives (i.e. transit; Policy 1 Best Practice Action 12.3. paratransit/Dial-A-Ride; ridesharing/cab services; rental cars; bikes; airports). 2021 GreenStep Cities metrics Update metrics to reflect 2021 data and maintain GreenStep Cities designation. reporting. Discussion CITY OF OAKDALE 2040 COMPREHENSIVE PLAN CHAPTER 5 PARKS AND TRAILS Parks and trails are extremely important to establishing and maintaining the quality of life in a community, ensuring healthy lifestyles, and adding to its economic and environmental well-being. Parks provide gathering places for social groups and families, as well as for individuals of all ages and economic status. Recreation programs and parks contribute to the health of children, youth, adults and seniors of all abilities. Parks improve the local tax base and increase property values. Parks are also proven to improve water quality, improve the quality of the air, produce habitat for wildlife, and provide a place for all to connect with nature and recreate outdoors. An active system of parks, trails, and recreation programs is key to a healthy and vibrant City of Oakdale. 48 Parks and Trails GOAL 1 GOAL 3 Recreation programming and Parks shall be integrated into the park improvements shall respond City’s pedestrian system. to the needs and preferences of a POLICIES: diversity of ages, cultures, 1. Develop a plan to connect parks to each other via abilities and incomes. the City’s trail and sidewalk system. POLICIES: 1. Continually evaluate the relevancy of current GOAL 4 recreational programming and park amenities. Recreation programming shall 2. Deliver park programming directly within engage the broader community Oakdale’s neighborhoods and continue the in program development and Recreation Department’s pop-up park program. delivery. 3. Pursue the acquisition and development of the POLICIES: defunct par 3 golf course into a passive park. 1. Evaluate the feasibility of establishing a GOAL 2 recreation and maintenance volunteer program. Recreational programming, park 2. Evaluate opportunities to develop service delivery and/or financial partnerships with other facilities, and open space shall be organizations. accessible to all physical abilities 3. Include a diversity of stakeholders, to include and incomes. age, race, ethnicity, and income in parks and recreation program planning. POLICIES: 1. Develop a plan to ensure programming, parks, and open spaces are accessible for all abilities and incomes. 2. Develop a plan to ensure the public use of open space, including wetlands, is open to all pedestrians and bicyclists. Parks and Trails 49 LOCAL PARKS AND TRAILS Oakdale offers a variety of active and passive parks and recreation facilities to meet the needs of residents of all ages, abilities, income, and cultural background. Community Parks (Active): These parks provide for more intensive recreational activities, such as tennis courts, ballfields, swimming, and ice skating rinks. Trails (Active): Oakdale has an existing infrastructure of trails and bike lanes throughout the City. The majority are located in roadway right-of-way and parallel to local streets. Active trails are paved for biking, roller blading, strollers, and walking. Preservation Parks (Passive): These parks are set in natural areas of the community where preservation of the natural environment is the primary emphasis. Interpretive signage and educational features are found throughout the park to promote the public awareness of natural systems. Hiking trails, wildlife sanctuaries, and picnic facilities would be among the primary uses of such a park, which, in turn, would benefit natural wildlife, nature enthusiasts, and related educational programs. Open Space (Passive): Open Space areas have been designated throughout the City in order to preserve significant natural features such as wetlands, wildlife habitat, and wooded areas. This land use is not utilized for recreational purposes but provides aesthetic beauty and protects important natural systems that benefit the City in numerous ways. Wildlife Corridors (Passive): These greenbelts are a dedicated strip of contiguous land ranging from 30-100 feet in width, preferably in a native, undeveloped state, that maintains a “safe and secure” route for plant species, as well as animals and birds to travel and migrate within the community and throughout the region. Trails (Passive): Nature preserves and wooded areas have passive trails that are less invasive on the surrounding environment. These soft surface trails utilize natural materials such as wood chips or mulch that typically need to be maintained each year. REGIONAL PARKS SYSTEM COMPONENTS There are no Regional Parks System Components within Oakdale as identified in the 2040 Regional Parks Policy Plan. An Oakdale Recreation Pop-Up Parks event. STATE LANDS The Gateway State Trail connects Oakdale to St. Paul and Stillwater via 18 miles of paved trail. Residents enjoying a program held at the Discovery Center’s outdoor amphitheater. A bicyclist travels on the Gateway Trail. 50 Parks and Trails REGIONAL PARK Regional Parks System SYSTEM City of Oakdale, Washington County White White Bear Lake Grant Bear Mahtomedi Twp. Pine Springs North St. Paul l ai Tr te S ta y wa te Ga Maplewood Oakdale Lake Elmo St. Paul Central Greenway Landfall Battle Woodbury Creek 0 0.5 1 2 3 4 5 Miles Regional Parks Regional Park Search Areas and Minnesota Valley National Wildlife Refuge Existing Regional Trail Search Corridors State Parks In Master Plan Boundary Adjustments State Wildlife Management Areas Planned Parks and Reserves (Publicly Accessible) Regional Trails Search Areas Scientific and Natural Areas (SNA) Existing Regional Trails Other Parks and Preserves Planned Regional Trails Regional Trail Search Corridors Existing State Trails Regional Trail Corridor Land Street Centerlines (NCompass) Regional Trails - 2040 System Additions Lakes and Major Rivers Parks and Trails 51 PARKS/TRAILS/PED’S Parks & Trails Parks / Trails / Ped’s GOLFVIEW TOT LOT NORTHDALE PARK FURLONG PARK OAKFIELD PARK OAKDALE PARK Parks OAKDALE DISCOVERY CENTER PRESERVATION PARK OAKDALE NATURE PRESERVE Paths & Trails Bikelane - Planned Bikelane - Existing GOODWIN PARK Bikepath - Planned GOOSEPOND PARK EBERLE PARK Bikepath - Existing GARDEN BLVD PARK Bike Route - Planned Sidewalk - Existing TILSEN II PARK Pedestrian Sidewalk - Planned TILSEN I PARK Oakdale Nature Preserve Trails Bituminous Boardwalk Grass ARMSTRONG PARK MEADOWS PARK BETHKE PARK EAGLE RIDGE PARK EASTSIDE PARK RICHARD WALTON PARK HORSESHOE PARK GUTHRIE PARK OAK MARSH GOLF COURSE TANNERS LAKE PARK TITAN PARK 52 Parks and Trails CITY OF OAKDALE _ CHAPTER 8 RESILIENCE A resilient city is an environmentally, economically, and socially healthy community that provides residents with a high quality of life. Resilience is important so cities are positioned to respond, adapt, and thrive under changing conditions. The City’s role in resilience is to protect the qualities that are valued in the natural and built environments, and to conserve the resources that make a functioning society possible for future generations. Additionally, increasing economic opportunity provides for a high standard of living for residents. Lastly, resilience is strengthened in cities with strong social capital that are inclusive and facilitate the building of support networks between residents. 64 Resilience _ GOAL 1 GOAL 2 Consistent with state-wide goals, The City shall be prepared to community-wide greenhouse gas respond effectively to climate (GHG) emissions shall be reduced change by implementing adaption 30 percent by 2025, and 80 and resilience strategies. percent by 2050 from 2007 levels POLICIES: in order to mitigate the impacts of 1. Ensure adequate stormwater system capacity to climate change on the community. protect property owners from localized flooding. POLICIES: 2. Utilize stormwater management areas as pollinator habitat and neighborhood amenities. 1. Promote reinvestment in residential and commercial properties through energy efficiency 3. Explore opportunities for creative re-use of education, technical assistance, and financing stormwater in the right-of-way to irrigate boulevard programs. trees and other landscaping. 2. Connect low-income residents to home 4. Promote water conservation programs to protect weatherization and energy efficiency resources to groundwater resources. encourage housing stock reinvestment. 5. Promote water infiltration techniques such as 3. Protect and encourage on-site solar energy raingardens and pervious pavers to replenish development that maintains community character groundwater resources. while utilizing local solar resources to the fullest potential. 6. Continue to coordinate with Washington County and other relevant emergency service agencies in 4. Adopt zoning regulations that will establish the area of hazard mitigation planning. standards for renewable energy technologies to ensure neighborhood compatibility and access. 7. Continue programs which increase the tree canopy in the City with disease-resistant species for 5. Promote and encourage residential and air quality and cooling benefits to the community. commercial participation in green building programs as well as renewable energy financing 8. Support the establishment and maintenance of and purchasing programs including PACE/other community gardens throughout the City to provide loan programs, community solar, and wind power residents with easy access to healthy food. purchase programs. 9. Adopt regulations that will establish standards 6. Support private and public infrastructure that for urban farming to improve compatibility with accommodates and encourages use of electric and neighboring properties. autonomous vehicles and explore options for City fleet use of electric vehicles. 7. Promote and encourage strategies that reduce waste generation and increase options for reuse, recycling, and composting of items in City operations, residential and commercial developments. Resilience 65 Gross and Rooftop Solar Resource Calculations 1: Gross Potential 2: Rooftop Potential 3. Gross Generation 4. Rooftop Generation (Mwh/year) (Mwh/year) Potential (Mwh/year)2 Potential (Mwh/year)2 16,462,184 1,555,032 1,646,218 155,503 Source: Metropolitan Council The gross and rooftop potentials in columns 1 and 2 are expressed in megawatt hours per year (Mwh/ year) and represent the gross potential resource before removing areas unsuitable for solar development or factors relating to efficiency of conversion. They are not intended to demonstrate the amount of solar likely to develop in the City. The gross generation and rooftop generation potentials in columns 3 and 4 are estimates of how much electricity could be generated using existing technology and conversion factors; however, they do not consider building-specific structrual limitations or other factors. The rooftop generation potential is the equivalent of 78 percent of the electricty used community-wide in year 2016. 66 Resilience 50TH ST N Washington County 1 0T H ST N DIVISION ST N GROSS SOLAR POTENTIAL 7TH ST N 40TH ST N 694 GENEVA AVE N HUDSON BLVD HADLEY AVE N 34TH ST N 1/4/2017 0 0.5 GRANADA AVE N Extent of Main Map 36 Oakdale VD N ANOKA R BL ATE G I LLW ST 50TH ST N (W WASHINGTON HENNEPIN RAMSEY DIVISION ST N 15TH ST N CARVER 1 0T H ST N DAKOTA SCOTT HELMO AVE N 7TH ST N 40TH ST N Source: Uni 694 4TH ST N GENEVA AVE N HUDSON BLVD HADLEY AVE N 1/4/2017 34TH ST N 0 0.5 1 2 3 4 Extent of Main Map Miles GRANADA AVE N ANOKA Gross Solar Potential (Watt-hours per Year) OakdaleWASHINGTON HENNEPIN High : 1278919 N BLVD ATER RAMSEY Low : 900001 I LLW ST CARVER Solar Potential under 900,000 watt-hours per year County Boundaries DAKOTA SCOTT City and Township Boundaries Wetlands and Open Water Features Source: University of Minnesota U-Spatial Statewide Solar Raster. 15TH ST N 1 0T H ST N HELMO AVE N 7TH ST N 4TH ST N HUDSO N BLV D Resilience 67 0 0.5 1 2 3 4 COUNCIL MEMORANDUM To: Honorable Mayor and City Council From: Christina Volkers, City Administrator Date: August 8, 2022 Subject: Funding for New Public Works Facility and New Police Facility BACKGROUND Much discussion has been held over the past three years regarding the need and subsequent plans for these significant and critical building projects for the City of Oakdale. During the 2021 Legislative session, our request to use Local Option Sales Tax (L.O.S.T.) for these two capital projects was enacted into law for $22,000,000 maximum for the new Public Works Facility and $15,000,000 maximum for the New Police Expansion and Remodel. Due to many factors including supply chain issues and soaring costs of construction, the projected costs of both projects is significantly higher than the most recent estimates from late 2020 and early 2021. During the 2022 Legislative session, we introduced further legislation to seek the authority for increased amounts for these two projects, but the MN Legislature ended their session without completing their work. Discussion was held at the July 12, 2022 workshop regarding current cost projections for the new Public Works facility, which is estimated at $31,578,800 plus all professional fees, FF&E, testing, inspections, road salt building, and needed fuel island. We do not yet have projected costs for the Police Facility. Because the 2021 legislatively authorized L.O.S.T. is maximized at an amount much less than what is needed, discussion must be held regarding overall options for additional funding for both needed capital projects. COUNCIL DIRECTION REQUESTED Staff is seeking Council direction for additional funding of the future capital projects of a new Public Works Facility and a new Police Facility. 1 COUNCIL MEMORANDUM To: Honorable Mayor and City Council From: Christina Volkers, City Administrator Date: August 8, 2022 Subject: Interim Ordinance Imposing a Moratorium on the Sale of Cannabis Products BACKGROUND Beginning on July 1, 2022, it became legal to sell certain products containing delta-9 THC (“THC Products”) in Minnesota. The Act allows THC Products to be sold if certain requirements are met including that there are not more than 5mg of THC per dose and 50mg of THC per container; the purchaser is at least 21 years old; and the products are not marketed towards children. The Minnesota Board of Pharmacy (“Board”) is the state agency with oversight of THC Products. There is currently no state-level license required in order to sell THC Products and the Board does not test or approve products prior to their sale. RECOMMENDATIONS After consultation with the City Attorney, staff recommends the City Council consider adopting an interim moratorium ordinance to allow staff time to study the topic. In addition, staff would determine if there is a need to study current City regulations regarding retailers with a significant portion of their products and sales being of tobacco-related products. Attached within is a draft of the interim moratorium ordinance for review and consideration. Given the sensitivity of the matter, staff would be required to submit a public hearing notice for first reading and anticipated adoption of an interim moratorium ordinance at the August 23, 2022 City Council meeting, Additionally, at the August 23, 2022 City Council meeting, we would conduct the first reading of the proposed interim ordinance authorizing studies and imposing a moratorium on the sale of Cannabis Products and on the establishment or expansion of Tobacco Shops in city limits if the proposed draft is not revised. Attachment Proposed Interim Cannabis Moratorium Ordinance 1 CITY OF OAKDALE ORDINANCE _____ AN INTERIM ORDINANCE IMPOSING A MORATORIUM ON THE SALE OF CANNABIS PRODUCTS AND AUTHORIZING STUDIES REGARDING SUCH PRODUCTS The City Council of the City of Oakdale ordains: Section 1. Legislative Findings and Authority (A) There is a great deal of uncertainty regarding the effect of Minnesota Laws 2022, Chapter 98 amending Minnesota Statutes, section 151.72 (the “Act”) to allow the sale of edible cannabinoid products (“Cannabis Products”). (B) Because the proposal to allow the sale of Cannabis Products received little publicity until the Act went into effect on July 1, 2022, the City of Oakdale did not have an opportunity to study and consider the potential impacts of the Act or to engage in policy discussions regarding the potential regulation of the sale of Cannabis Products in the City. (C) The Act authorizes the Minnesota Board of Pharmacy to enforce the Act, but the Act does not provide for any licensing of businesses that manufacture Cannabis Products or of businesses that sell Cannabis Products and is also silent regarding the enactment of local regulations related to Cannabis Products. (D) The Act does not expressly prohibit or limit local regulations, but the regulations established in the Act clearly do not constitute the Legislature having occupied the field of regulation regarding the sale of Cannabis Products. (E) The City Council finds the uncertainties associated with the sale of Cannabis Products, as well as the options of local regulation, strongly suggests the need for a study to develop information the City Council may use related to potential regulation of the sale of Cannabis Products through the adoption of licensing and zoning controls. (F) Pursuant to Minnesota Statutes, section 462.355, subdivision 4(a), the City Council is authorized to adopt an interim ordinance “to regulate, restrict, or prohibit any use . . . within the jurisdiction or a portion thereof for a period not to exceed one year from the date it is effective.” (G) The City Council is also authorized as part of its general police powers to adopt business licensing requirements related to the sale of Cannabis Products. (H) The Minnesota Supreme Court in Almquist v. Town of Marshan, 245 N.W.2d 819 (Minn. 1976) upheld the enactment of a moratorium despite the lack of express statutory authority as being a power inherent in a broad grant of power to municipalities. The enactment of business licensing requirements is based on a city’s police powers, which is the broadest grant of power to cities. Inherent in that broad grant of authority is the power to place a temporary moratorium on a business to study and potentially implement licensing regulations on that business. 1 (I) There are both licensing and zoning issues associated with the sale of Cannabis Products. The City Council determines that it needs time to study the matter and to consider the development and adoption of appropriate local regulations. To protect the planning process and the health, safety, and welfare of the residents while the City conducts its study and the City Council engages in policy discussions regarding possible regulations, the City Council determines it is in the best interests of the City to impose a temporary moratorium on the sale of Cannabis Products. Section 2. Definitions. For the purposes of this Ordinance, the following words, terms, and phrases shall have the meanings given them in this section. (A) “Act” means 2022 Minnesota Session Laws, Chapter 98 (H.F. No. 4065), amending Minnesota Statutes, section 151.72. (B) “Cannabis Products” means Edible Cannabinoid Product and any other product that became lawful to sell for the first time in Minnesota effective July 1, 2022, as a result of the adoption of the Act. (C) “Edible Cannabinoid Product” has the same meaning given the term in Minnesota Statutes, section 151.72, subdivision 1(c). Section 3. Study. The City Council authorizes and directs the city administrator to conduct a study regarding Cannabis Products and provide a report to the City Council on the potential regulations relating to the sale of such products. The report shall include recommendations on whether the City Council should adopt regulations and, if so, the recommended types of regulations. The study shall consider, but is not limited to, the following: (A) The potential impacts of the sale of Cannabis Products within the City; and (B) Licensing the sale of Cannabis Products and related regulations; and (C) Zoning regulations related to the sale and distribution of Cannabis Products; and (D) Enforcement Procedures. Section 4. Moratorium. A moratorium is imposed within the City regarding the sale of Cannabis Products. No business, person, or entity may sell Cannabis Products to the public within the jurisdictional boundaries of the City during the period that this Ordinance is in effect. The City shall not accept, process, or act on any application, site plan, building permit, or zoning or other approval for a business proposing to engage in the sale of Cannabis Products during the period that this Ordinance is in effect. Section 5. Exceptions. The moratorium imposed by this Ordinance does not apply to the sale of medical cannabis or hemp products that were lawful to sell prior to the effective date of the Act. Section 6. Enforcement. Violation of this Ordinance is a misdemeanor. In addition, the City may enforce this Ordinance by mandamus, injunction, or other appropriate civil remedy in any court of competent jurisdiction. Section 7. Severability. Every section, provision, and part of this Ordinance is declared severable from 2 every other section, provision, and part of this Ordinance. If any section, provision, or part of this Ordinance is held to be invalid by a court of competent jurisdiction, such judgment shall not invalidate any other section, provision, or part of this Ordinance. Section 8. Effective Date and Term. This Ordinance shall take effect and be in full force from and after its adoption and publication, as provided by law. This Ordinance shall remain in effect for one year after its effective date, or until the City Council expressly repeals it or until the effective date of an ordinance amending the City Code to address Cannabis Products, whichever occurs first. AYES: NAYS: None. Passed by the City Council of the City of Oakdale this __ day of August, 2022. ________________________________________ Paul Reinke, Mayor Attest: _________________ Katie Robinson, Deputy City Clerk 3

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