City Council Workshop

AGENDA City Council Workshop Workshop February 14, 2023 HADLEY CONFERENCE ROOM 5:00 PM 5:00 PM Summerfest 2023 and Transition 5:25 PM Special Events Definition and Process 5:40 PM Firework Tent Sales and Related City Code Changes 5:50 PM No Mow May in Oakdale 6:00 PM Management Discussion – Community Development Director 6:20 PM Review of Applications for Vacant Council Member Seat 6:30 PM Administrator Update 6:40 PM Council Topics 6:55 PM Recess for Regular Meeting Continue after Regular Council Meeting, if needed  COUNCIL MEMORANDUM To: Honorable Mayor and City Council From: Christina M. Volkers, City Administrator Jason Zimmerman, Finance Director Date: February 14, 2023 Subject: Summerfest 2023 and Transition BACKGROUND For several years the City Council has been discussing seeking community volunteers to take over the planning, coordination, and some funding of Summerfest. During the 2023 budget planning process, the City Council decided that we could no longer take the lead on this community event, especially since our Auditors communicated that taxpayer dollars shouldn’t be used for it. A group of community leaders, branching out from the Oakdale Area Chamber of Commerce, have agreed to take on the responsibilities of Summerfest planning, but will need some time to transition to full funding while they organize and secure donations from local businesses. City staff will discuss previous years’ Summerfest expenses and possible funding options and a possible plan for transition over a three-year period to an outside group. FINANCIAL CONSIDERATIONS Minnesota Statutes, section 349.213, subdivision 1, paragraph (f)(2), allows a local unit of government to require, by ordinance, a licensed organization to contribute up to 10% of the organization’s net profits derived from lawful gambling to a fund administered by the local unit of government. Net profits are gross profits less sums actually expended for allowable expenses and amounts paid in taxes assessed on lawful gambling. The funds must be disbursed by the city for charitable contributions as defined by section 349.12, subdivision 7a, which includes 501(c)(3) organizations provided that the city does not retain control of these funds. Should Council support partnering with the aforementioned group of community leaders to transition the operating and coordination of Summerfest externally, staff recommends appropriating lawful charitable gambling proceeds. Staff currently accounts for the 10% lawful gambling proceeds in a unique and separate fund isolated from other activities. The unaudited cash balance of this fund as of December 31, 2022 is $275,736. STAFF RECOMMENDATION It is recommended that Council discuss staff proposed options for funding, hear from the community leaders who are volunteering to take on Summerfest, and give intent. COUNCIL DIRECTION REQUESTED It is requested that a discussion occur with the volunteers who are working on Summerfest and city staff with intent given by the Oakdale City Council  COUNCIL MEMORANDUM To: Honorable Mayor and City Council From: Katie Robinson, Licensing Clerk through Christina M. Volkers, City Administrator Date: February 14, 2023 Subject: Special Events Definition and Process BACKGROUND In the past, there was much discussion as to what constitutes a ‘special event’ in the City of Oakdale therefore, City staff felt this term needs to have defining guidelines around it. Since the City is currently integrating the application process of all license and permit applications into OpenGov, staff would like Council’s guidance on clarification of the definition of a ‘special event’, who the issuing authority should be, and should there be an application fee. Staff researched other cities’ special event information/definition and found the following: • Entertainment or celebration of limited duration that is held on public or private property or any event that will require the use of special services, parking concerns, traffic generation, or an increase in demand of the City’s infrastructure. (Cottage Grove) • Any gathering (event gatherings such as weddings, family reunions, company picnics) with 250 people or more in attendance at a City of Stillwater park will be required to submit an Event Application above. (Stillwater) • Application questionnaire: 1. Do you want to hold an indoor promotional or sales event on private property? 2. Do you want to hold an outdoor promotional or sales event on private property? 3. Are you hosting a celebration or recognition on a City Street? 4. Do you want to host a Community Event such as a civic, school, or religious celebration? 5. Are you hosting a Legacy Event such as the Fire Muster or International Festival? 6. Does your event include temporary signs? (Burnsville) Several staff members of the management team also offered guidelines they see fit for a special event in the City of Oakdale. A few are listed below. o A temporary or transient activity that goes beyond the ordinary use of a property such as concerts, car shows, or festivals. o XXX number of people o Charge a fee of $90/hr if fire personnel are needed on stand-by o Base fee for every application based on the average amount of staff hours it takes to process the application o Ensure adequate parking for event and principal parking o Enough restrooms o Liability insurance o Base on a “tier” structure (based on number of considerations such as: utilization of right of way vs. being fully sited on private property, number of attendees, number of days)  o Should not exceed XXX number of days per calendar year (otherwise it becomes a Special USE Permit) o Should not be primarily commercial or for-profit in nature o City should have a list of prohibited events (without infringing upon certain constitutional rights, but the City can still prohibit certain actions, such as obstructing the right of way or limiting amplified sound to certain times of the day (Stillwater, WBL, and Burnsville applications) For further clarification on the application process, currently Chapter 14, Article III, Section 14-32 states, Issuing Authority – The City Administrator or authorized designee. Staff is recommending the Issuing Authority language be changed to “all applications shall thereafter be considered and approved or denied by the City Council.” COUNCIL DIRECTION REQUESTED Staff is requesting Council’s guidance on clarification of the definition of a ‘special event’, who the issuing authority should be, and if there should be an application fee. Attachments Oakdale City Code of Ordinances, Chapter 14, Article III – Special Events Current Application for Special Event Permit Sec. 14-42 Restrictions Regarding Permit Transfer. Each permit under this Article shall be issued to the applicant only and shall not be transferable to any other person or organization. No permit holder shall loan, sell, give, or assign a permit to another person or organization. Sec. 14-43 Public Notifications. Based on the estimated number of participants and spectators, the city may require that the applicant provide written notice to all households and businesses immediately adjacent to the area in which the special event will be conducted, including all households and businesses abutting the route of a progressive event such as a parade or run/walk event. The notice must be reviewed and approved by the Issuing Authority and distributed to all relevant households and businesses at least seven (7) days before the special event and include the following details: (1) Name of the event (2) Location of the venue (3) Date of the event (4 ) Time of the event (5) List any closure of streets (including times) (6) Contact information for questions Sec . 14-44 Severability. If any section, subsection, sentence, clause, or phrase of this Article is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Article. The City Council hereby declares that it would have adopted this Article and each section, subsection, sentences, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid. Sec . 14-45 to 14-49, Reserved. Oakdale MN Code of Ordinances: Chapter 14- Page 4  Company Name: ________________________________________ DBA: _________________________________________ LICENSING DIVISION FOR OFFICE USE ONLY 1584 Hadley Avenue N Oakdale, MN 55128 Phone: 651-730-2739 Fax: 651-730-2820 E-Mail: licensing@ci.oakdale.mn.us www.ci.oakdale.mn.us SPECIAL EVENT PERMIT APPLICATION The purpose of a Special Event permit application is to promote the health, safety and welfare of all residents and visitors of the city by ensuring that special events do not create disturbances; become nuisances or threaten life, health and property; disrupt traffic; or threaten or damage private or public property. Event Permit Applications need to be submitted at least 30 days prior to the proposed date of your event. APPLICANT INFORMATION Applicant Name: Company Name: DBA Name: Company Address: City: State: Zip Code: Cell: Office: Home: Email: EVENT INFORMATION Event Type:  Concert  Company  Festival  Food Truck  Grand Opening  Parade  Vendor Fair  Walk / Race  Other: _________________________________________________________ Event Name: Location: Location Address: Anticipated Attendance: Location Type:  Private Property  Public Property - If at city park, a reservation must be made with the Recreation Department at (651) 747-3860 to use the shelter and amenities. Event Dates: ____ /____ / ____ to ____ /____ / ____ Event Times: ____ : ____ to ____ : ____ Setup Date: ____ /____ / ____ Setup Start Time: ____ : ____ Setup End Time: ____ : ____ Detailed Description of Event: (List any street(s) requiring closing or detours as a result of this event. Include street name(s), date and time of closing and reopening)  Company Name: ________________________________________ DBA: _________________________________________ EVENT DETAILS  NO  YES AMUSEMENT RIDES, ANIMAL RIDES, INFLATABLES, TENTS / CANOPIES If yes to animal rides, please answer the following: Company: _________________________________________________________ Type of animals: ____________________________________________________ Description of safety precaution for people and animal interaction: __________________________________________________________________ __________________________________________________________________ If yes to amusement rides, the following are required: - Please contact staff at 651-730-2739 for an Affidavit of Inspection form to be completed and filed with the City of Oakdale and the property owner. - Emergency equipment must be available for rescues. If yes to tents / canopies, please list dimensions: ______________ and attach a flame / wind resistance certificate. Additional requirements for all amusement rides, animal rides, inflatables, and tents / canopies: Certificate of liability insurance must be submitted to the City of Oakdale. If event will be held on city property, the City of Oakdale must be named as additional insured. Please note that inflatables are prohibited at city parks.  NO  YES PARADE - If yes, how many units? _________________________________________________________  NO  YES ENTERTAINMENT - If yes, what type? ______________________________________________________  NO  YES SOUND AMPLIFICATION (live music, speakers, microphones and etc.) – If yes, a noise variance may be needed. Please contact staff at 651-730-2704.  NO  YES FIREWORKS / OTHER DISPLAY - If yes, the applicant must contact the Oakdale Fire Department at 651-731-8886 and apply for an ariel fireworks license.  NO  YES VENDORS - If yes, how many vendors expected? _______________  NO  YES FOOD PREPARATION / SALE - If yes, Description of food _______________________________________________________________ Description of cooking equipment: __________________________________________________ Additional requirement: Contact the Washington County Public Health at 651-430-6655 and city staff at 651-730-2739, to inquire about food service licenses.  NO  YES ALCOHOL - If yes, contact staff at 651-730-2739 for a Temporary On-Sale Liquor License application Additional requirement: To qualify for a temporary liquor license, the applicant must be a club or charitable, religious or non-profit organization in existence for at least three years; Or, if the applicant is an Oakdale liquor license holder, submit a Certificate of Liquor Liability Insurance to include the event location.  NO  YES ON STREET PARKING – If yes, contact the Police Department at 651-738-1025 to apply for a Temporary On-Street Parking Permit.  NO  YES SECURITY – If yes, list company name: ____________________________________________ Phone: __________________________ Number of security personnel that will be on site:____________ Or, If the applicant would like to request the Oakdale Police Department to provide assistance, please contact them at 651-738-1025 to learn more about their fees and services.  Company Name: ________________________________________ DBA: _________________________________________ CLEAN UP, SAFETY, AND EVACUATION PLAN Description of the cleanup plan both during and after the event: Description of parking and traffic control plan: Description of crowd control plan: Description of emergency plan (severe weather, fire, etc.): to include but not limited to a description of emergency escape routes, evacuations points, the preferred and any alternative means of notifying occupants of a fire or emergency, procedures for accounting for employees and occupants after evacuation, etc. Notes or special requests to the City: Standby Personnel When, in the opinion of the Oakdale Fire Marshal, it is essential for public safety when a tent, canopy or membrane structure is used as a place of assembly or any other use where people congregate, because of the number of person, or the nature of the performance, exhibition, display, contest or activity, the owner, agent or lessee shall employ one or more qualified persons, as required and approved, to remain on duty during the times such places are open to the public, or when such activity is being conducted. Because of this reason, a fee may be required. To learn more, please contact the Fire Department at 651-731-8886. Attach a Site Plan A detailed site plan must be submitted to the City for all events. Please provide a map of the site layout. Include any tables, stages, tents, fencing, portable rest rooms, vendor booths, trash containers, exits, entrances, location of cooking equipment (grills, fryers, propane tanks), generators, etc. If the event involves a parade, race or walk, please attach a map highlighting the route. Include rest stop stations, crossings, signage and indicate the route direction with arrows. APPLICANT SIGNATURE I hereby certify that the information contained in the foregoing application is true and correct to the best of my knowledge and belief and that I have read, understand, and agree to abide by the State of Minnesota statutes and the City of Oakdale's ordinances and regulations governing this proposed Special Event. Any misrepresentation in this application may result in the immediate revocation of the permit. ________________________________________________ _____________________ Signature of Applicant Date SPECIAL EVENTS PERMIT FEE SCHEDULE (Fees may vary depending on the size and the different needs of each event) DESCRIPTION NOTES FEE Liquor License Temporary Liquor License. Need at least 30 days’ notice. $10 Keg Permit Beer or liquor permitted at city parks, but may not contain more than 3.2% alcohol by weight. $0 Inspection Tent / Canopy, Cooking Equipment Inspection conducted by the Fire Marshal $120  COUNCIL MEMORANDUM To: Honorable Mayor and City Council From: Katie Robinson, Licensing Clerk through Christina M. Volkers, City Administrator Date: February 14, 2023 Subject: Firework Tent Sales and Related City Code Changes BACKGROUND At the January 24, 2023 Council Workshop, the Council briefly discussed a potential application for a temporary tent to sell fireworks in the parking lot at Cub Foods at 7191-10th Street N which evolved into a discussion about the licensing requirements for firework tent sales. Following that discussion, the Council requested clarification of the applicable requirements and options. City Attorney Jim Thomson was present to clarify the language and meaning of the Oakdale City Code of Ordinances, Chapter 9, Article 11. He explained that the statement, “that fail to comply with NFPAS 1124” refers to the storage and transport of fireworks and not the sales. Further, State law restricts how far City safety regulations can go for retail sales of fireworks. Minnesota Statute § 624.20: A local unit of government may not prohibit the temporary retail sale of fireworks that comply with NFPA 1124. Under state law, then, cities cannot be more restrictive than the NFPA standard. Oakdale’s ordinance, then, regulates to the greatest extent allowed by state law. Oakdale Code of Ordinances, Chapter 9, Article 11, Sec. 9-108 to111 states: No license shall be issued for the sale of … consumer fireworks from a movable place of business (e.g. tent) that fails to comply with NFPA Standard 1124. It should be noted that the NFPA standard states that it does not apply to retail sales. The NFPA standard was created to regulate storage of fireworks. The state regulations, while prohibiting cities from banning fireworks sales, has chosen to allow cities to apply this “storage” standard to retail sales. The Fire Chief is the best source of information on what the NFPA standards will require. After further discussion at the last workshop, Council decided to bring the topic back to the February 14, 2023 workshop meeting and invite Fire Chief Kevin Wold to speak on the topic. For more background, there are two other points of interest to bring forward for discussion on this topic: 1. Licenses for Retail Sales: the current ordinances regulate 1) retail sales of fireworks; and 2) retail sales from tents. Both of these requirements are applicable to this proposal. • City Code Sec. 9-109 requires a license for retail sales of fireworks: • No person shall . . . sell at retail . . . consumer fireworks without first having obtained a current license hereunder, paid the required license fee and 1  conspicuously posted the license on the licensed premises. Issuance of a license under this Chapter shall not relieve the person from obtaining any other licenses required by City Code, state law or federal law to conduct this or other businesses. • City Code Sec. 9-53 requires a license for any retail sales from a tent: • No person shall … conduct a retail tent sale in the city without first obtaining a license. 2. Insurance Requirements for Fireworks Sales • State law also restricts a city’s ability to require sellers of fireworks to have insurance. It states: “A local unit of government may not . . . impose on a retail seller . . .insurance provisions . . . not imposed on the same basis on all other business licensees.” Minn. Stat. § 624.20. • Requirements for other business licenses: the City requires other business licensees to have insurance, but the amount is set by policy, not by City Code. • The Fireworks Sales code sets an actual insurance amount. City Code Sec. 9-113 current insurance requirements: Finally, per Oakdale Code of Ordinances, Chapter 9, Article 11, Sec. 9-113 states: All licensees must have at all times a valid certificate of insurance issued by an insurance company licensed to do business in the State of Minnesota evidencing that the applicant's use of the property is currently covered by a liability insurance policy. The minimum limits of coverage for such insurance shall be: (a) Each claim, at least $200,000; (b) Each incident, at least $500,000 It is recommended the Council could consider removing the amount from the City Code and allow it to be set by policy, as is the case with all other insurance requirements thus resulting in a code amendment as follows: All licensees must have at all times a valid certificate of insurance issued by an insurance company licensed to do business in the State of Minnesota evidencing that the applicant's use of the property is currently covered by a liability insurance policy. The minimum limits of coverage for such insurance shall be: (a) Each claim, at least $200,000; (b) Each incident, at least $500,000 COUNCIL DIRECTION REQUESTED Staff is requesting clarification and intent from Council on whether or not firework tent sales will be allowed in the City and whether to amend the City Code related to retail sales of fireworks as outlined above. 2  COUNCIL MEMORANDUM To: Honorable Mayor and City Council From: Christina M. Volkers, City Administrator Date: February 14, 2023 Subject: No Mow May in Oakdale BACKGROUND City Council and staff have received various inquiries over recent years asking if Oakdale will be designating May as “No Mow May”, which is defined as “a conservation initiative to allow grass to grow unmown for the month of May, creating habitat and forage for early season pollinators” according to Bee City USA. The queries received have been from residents and advocacy groups alike. In 2022, the City of Oakdale took a more flexible stance on properties with policy makers giving code enforcement guidance to offer some administrative flexibility for the month of May. This was an alternative to an official designation of “No Mow May” which would require an ordinance change. In preparation for this workshop discussion, City staff has discussed possible best practices and considerations for Oakdale, which includes the following: • Our ordinance begins annually on May 15th, so if we do change the ordinance to include May each year as “No Mow May”, it would only be about two additional weeks of city code staff not enforcing the ordinance. • City code enforcement staff report that in most years they already do have a list of about a dozen properties that have been reported prior to the May 15th start date as violating current city code. • Alternatively, we could continue with our 2022 version of holding off on proactive enforcement until June 1st. • Public works staff report that if we do adopt “No Mow May”, which would include public property, there would be issues created regarding additional needed clean up and maintenance for staff to get fields, parks, etc. ready and up-to-code. Further, it likely would have a detrimental effect on our athletic field areas which would not be favorable to teams and player using our facilities. • If we do implement “No Mow May”, building code staff stated that it will take even longer for contractors to clean up non-compliant lawns in June thus there will be higher invoices for that first mow for the owner. This will frustrate already irritated residents who regularly call regarding the charges. • If we do proceed with a version of “No Mow May”, then staff would prefer some sort of registration of properties participating. We are not necessarily recommending a fee, but an easy registration process so as to declare to the City that they are actively participating therefore alleviating city code enforcement staff from having to determine if there is a code violation issue or not during the period - thus differentiating between properties that are participating and those that are being negligent on their lawns. 1 FINANCIAL CONSIDERATIONS As noted above, there would be additional staff time and resources needed to clean up public properties in June after “No Mow May”, if implemented COUNCIL DIRECTION REQUESTED It is requested that the City Council discuss if the Oakdale City Code of Ordinances should be changed to add “No Mow May” and if not, Council’s intent on possible alternatives. 2  COUNCIL MEMORANDUM To: Mayor and City Council From: Andrew Gitzlaff, Community Development Director Date: February 14, 2023 Subject: Management Discussion – Community Development Director BACKGROUND Discussion will be held with Community Development Director Andrew Gitzlaff to discuss items of interest and current happenings with an opportunity for Council to ask questions regarding the Community Development Department. Suggested Topics as time allows: 1. Development Review Process a. Projects in Construction, Permitting, or Conceptual Phase – see monthly report b. What is in the pipeline for 2023 and beyond and how could future growth be influenced by market conditions – see monthly report c. Role of the staff Development Review Committee (DRC) d. How park dedication is determined- interest in future workshop discussion? 2. Economic Development and Housing Partnerships and Initiatives a. Business Retention Expansion and Attraction Partnership Program with Oakdale Area Chamber (completed 9 of 18 visits) b. Community Fix Up Loan Program and Minnesota Cities Participation Program (MCPP) partnerships with Minnesota Housing c. Washington County Community Development Agency (CDA) and Open to Business partnerships d. Tax Increment Financing (TIF) 1-4 and 1-6 Spending Plan Potential Scenarios 3. Planning and Environmental Studies and Initiatives a. Comprehensive Plan Update b. Glenbrook Small Area Plan c. Bike and Pedestrian Master Plan Update d. Electric Vehicle (EV) Audit 4. Community Engagement a. What strategies work and what have not b. How do we reach traditional unrepresented populations 5. 2023 Look ahead a. Park Master Planning and Willowbrooke Commons Park Implementation a. Zoning and Subdivision Code Update Project 1