City Council Workshop

WORKSHOP MINUTES OAKDALE CITY COUNCIL OCTOBER 8, 2024 The City Council held a workshop on Tuesday, October 8, 2024 at Oakdale City Hall, 1584 Hadley Avenue North, Oakdale, Minnesota. The meeting began at 5:00 PM. Present: Mayor Kevin Zabel Council Members: Jake Ingebrigtson Andy Morcomb City Staff Members: Christina Volkers, City Administrator Sara Ludwig, City Clerk Rachel Tierney, Assistant City Attorney Brian Bachmeier, Consulting City Engineer Hannah Dunn, Community Development Specialist Jake Foster, Assistant City Administrator Andy Gitzlaff, Community Development Director Jeff Koesling, Parks Superintendent Melanie Lee, Human Resources Director Nick Newton, Police Chief Lori Pulkrabek, Communications Manager Kyle Stasica, Finance Director Julie Williams, Recreation Superintendent Kevin Wold, Fire Chief Others Present: Keegan Anderson, Oakdale Resident Stewart Crosby, Senior Project Manager, SRF Juan Esquivel, Guest (Council Candidate) Shaunna Newton, Landscape Architectural Designer, SRF Absent: Council Member Susan Willenbring PARK SYSTEM PLAN UPDATE Community Development Specialist Hannah Dunn stated that this agenda item includes reviewing the park recommendations and the solicitation of Council feedback on selected park concept plans. In response to Mayor Zabel’s question about the project timeline, Ms. Dunn stated that the project team will return to a Council workshop in November with cost estimates to begin discussion about prioritization and potential funding scenarios. Mayor Zabel expressed his desire to keep the project moving while obtaining the feedback of outgoing Council Member Ingebrigtson, and keeping in mind two new council members will be seated in 2025. Council Member Ingebrigtson cautioned the Council about committing to major spending on parks as unforeseen expenses and emergencies may come up which could lessen the funding WORKSHOP MINUTES OCTOBER 8, 2024 PAGE TWO for parks. On the contrary, he added that there are known issues within the parks that need attention. In response to Mayor Zabel’s question about reviewing the parks maintenance report, City Administrator Chris Volkers stated that would happen cohesively during the funding conversation. Mayor Zabel noted that Council should strive to finalize the concept plans prior to year-end, but that discussions around estimates, funding options, and phasing and final review of the concept plans will occur in the new year. The Council agreed. Stewart Crosby, Senior Project Manager with SRF, explained the features of each concept plan as it relates to the existing and proposed site features, public feedback received, common themes from the feedback, and the project team’s recommendations. Mr. Crosby commended the City and its residents for the participation that occurred throughout the public engagement process. Beginning with Northdale Park, Mr. Crosby stated that the common themes include replacing the hockey rink with volleyball, upgrading the playground, and adding additional trails within the park. Parks Superintendent Jeff Koesling noted that the archery range is heavily used. In response to Mayor Zabel’s question about the age of the ice rink, Mr. Koesling said it is less than ten years old and is about halfway through its useful life. City Administrator Chris Volkers added that the ice rink at Northdale will not be opening for the 2024-2025 season. Council Member Ingebrigtson mentioned that the local hockey association should be utilizing the free ice time that is available at this ice rink. Council Member Morcomb pointed out that the concept plans are guiding documents that may change prior to implementation based on funding and Council direction. The Council was supportive of leaving the concept plan as is for Northdale Park. The project team will remove the warning tracks along the baseball fields from the graphic and clarify turf/grass definitions. The second park discussed was Eastside Park. Mr. Crosby stated that the common themes include keeping the tennis courts and pickleball striping, making accessibility improvements, and adding more playground equipment. Council Member Morcomb pointed out that volleyball is popular at this park. Mr. Crosby confirmed that residents would like a dedicated open space for volleyball, and this will be added to the project team’s recommendations. Council Member Ingebrigtson recommended exploring a roller hockey program/league during the summer months especially since the rink would not necessarily need to be striped. WORKSHOP MINUTES OCTOBER 8, 2024 PAGE THREE The Council was supportive of leaving the concept plan as is for Eastside Park, but add dedicated open space for volleyball. The next park concept plan was Richard Walton Park. Mr. Crosby stated that the common themes include adding a water feature, support for an additional volleyball area, upgrading the playground, creating a loop trail around the park, support for a new pinwheel, and making accessibility improvements. Council Member Ingebrigtson indicated cost concerns with a water feature, specifically a splash pad. Mayor Zabel noted that there are different types of water features outside of a splash pad. He added that past splash pad proposals with high cost estimates involved water reclamation and treatment. Mayor Zabel suggested adding a water feature at Tanners Lake Park instead of Walton Park as there are unknowns with spacing and configuration when it comes to the Police Expansion project. Council Member Morcomb expressed concern about the proximity of the proposed water feature to the picnic shelter. Given these comments, the Council was supportive of removing the water feature from the Walton Park concept plan. Mayor Zabel recommended reviewing the feasibility of the proposed outer trail as it may not be possible to install due to wet conditions. The Council was supportive of leaving the trail in the concept plan to explore its feasibility. Regarding the fitness court amenity, Council Member Morcomb suggested swapping its proposed location for the artificial volleyball courts. Mayor Zabel expressed concern about the proximity of a volleyball court next to a busy street like Hadley Ave; and also pointed out that any amenity in that area is underneath power lines which is why the City has kept that area clear all these years. Ms. Dunn noted that fitness court equipment is a costly investment and staff will (and currently are) looking into grant opportunities. Council Member Morcomb stated that other parks may be better suited for the fitness court. In response to Council Member Ingebrigtson’s question about parking concerns at Walton Park, Mr. Stewart indicated there were no raised concerns from the public. Mr. Crosby asked for clarity on the location of the artificial volleyball court. Mayor Zabel recommended exploring different parking lot layouts on the southwest side of park and relocating the volleyball court to a more central location closer to the picnic shelter. Community Development Specialist Hannah Dunn asked for feedback on the tennis courts and pickleball courts, and the possibility of moving the skate park to add pickleball courts. Council Member Ingebrigtson expressed concern about pickleball courts being close to homes due to the noise caused from playing the game. Mayor Zabel was not comfortable relocating the skate park given the timing and cost. The Council was supportive of pickleball court overlays on the tennis courts at Walton Park. WORKSHOP MINUTES OCTOBER 8, 2024 PAGE FOUR Regarding the pinwheel design, the Council was open to it as a long-term strategy as it could potentially help with drainage and elevation issues. Mr. Koesling noted that the pinwheel design would take away the option for soccer fields which currently get used heavily. The fourth park discussed was Tanners Lake Park. Mr. Crosby stated that the common themes include a heavy use for pickleball, upgrading of the building, support for side-by-side basketball courts, keeping the swimming beach, adding a water feature, support for the new playground location and idea, concerns about lighting, safety, and security, and making accessibility improvements. The Council was supportive of expanding the parking lot off of Glenbrook Ave on the west side of the park. Council Member Morcomb was in favor of converting the sand volleyball court to an artificial turf volleyball court. In response to Council Member Ingebrigtson’s question about the feedback related to the beach, Mr. Crosby stated that the respondents were more interested in an active water feature. Shaunna Newton, Landscape Architectural Designer with SRF, added that the feedback also suggested to decrease the size of the beach. As part of Concept 2, Mayor Zabel suggested having two artificial volleyball courts perpendicular to the existing basketball court. The Council was supportive of providing centrally-located shaded seating near the volleyball, basketball, tennis, and pickleball courts to be shared by all activity users. If it be the 25’x50’ picnic pavilion, it was determined this would not be a rental shelter. The project team will continue to explore the best use of the space near the existing north basketball court to determine whether two volleyball courts or one and a half basketball courts are warranted. The Council was supportive of six pickleball courts and one dedicated tennis court in this area. Ms. Newton reported that feedback indicated a desire for water access, but not necessarily for fishing. The Council was supportive of removing the proposed fishing nodes and include benches along the shoreline walking trail. In response to Council Member Morcomb’s question about the upkeep of the beach, Mr. Koesling stated it is raked once per week, but the Minnesota Department of Natural Resources will not allow any changes to the shoreline including cutting of vegetation. The Council was supportive of decreasing the size of the beach, having the fishing pier and kayak launch closer to the parking lot, adding the dedicated green space for volleyball, keeping the building, but discussing specific improvements at a later date, including a water feature, but determining the specific amenity at a later date, and providing shade sails near home plate at the ballfield location instead of a shelter structure on the south side. WORKSHOP MINUTES OCTOBER 8, 2024 PAGE FIVE Regarding the lighting in Tanners Lake Park, the Council was supportive of bollard lighting along the shoreline trail and pedestrian lighting throughout internal trail connections. It was noted that higher lighting would be appropriate near the parking lot areas. Ms. Dunn asked for feedback on the proposed trail between the ballfield and the lake. Mayor Zabel stated that the ballfield drainage is a priority, but it would be nice to keep the shoreline trail if possible. Council Member Morcomb preferred to keep the shoreline trail, but work to improve the ballfield drainage. Ms. Volkers offered to get more information about whether the shoreline trail is impeding the ballfield drainage. Mayor Zabel suggested adding park access signage in a ¼ mile radius around the park. In reference to relocating the playground, the Council was supportive of the proposed concept plan. Goose Pond Park was the last park discussed. Ms. Dunn pointed out that the project team’s recommendation is to modify the concept plan to keep the soccer field and install a smaller vegetation buffer to remove the geese. Mr. Crosby added this modification is due to concerns from the public and the City about removing the soccer field. The Council was supportive of the proposed concept plan and the modification to keep the soccer field. The next steps include bringing back other park concepts to future workshop meetings for Council feedback. WORKSHOP RECESSED AT 6:05 PM WORKSHOP RECONVENED AT 6:10 PM REVIEW OF CITY OF OAKDALE CODE OF ORDINANCES, CHAPTER 15 – PARKS AND RECREATION Prior to discussing the substantive changes, Mayor Zabel requested that the font be changed to the City’s approved branding font. Assistant City Attorney Rachel Tierney pointed out that the current Code language makes a distinction between “open space” and “park” and that these two classifications are regulated differently. As an example, she added that an open space may not have trash receptacles. The Council was supportive of removing the prohibitive language related to alcohol consumption from Secs. 15-11 and 15-14. Additionally, the Council was supportive of the proposed change to Sec. 15-13, as it relates to disorderly conduct, and Sec. 15-14 (l), as it relates to First Amendment rights. In response to Mayor Zabel’s question about why there are two definition sections, Attorney Tierney explained that Article II covers open space preservation and Article III covers the WORKSHOP MINUTES OCTOBER 8, 2024 PAGE SIX regulation and use of facilities. The Council was supportive of merging Articles II and III as much of the information overlaps and applies to both open space and parks. The Council requested that the specific sports referenced in Sec. 15-14 (w) be removed. The Council was supportive of excluding the proposed language in Sec. 15-19 (e). ADMINISTRATOR UPDATE Ms. Volkers said that a lead service notice letter will be sent out to 3,600 households as the City needs to determine the makeup of the pipes in these homes. Consulting City Engineer Brian Bachmeier explained why the letters are necessary and that they follow the Department of Health templates. In response to Council Member Morcomb’s question about funding being available to fix a known lead service issue, Mr. Bachmeier confirmed. In response to Mayor Zabel’s question about a trend between the age of homes and those receiving the letter, Mr. Bachmeier confirmed there are pockets of neighborhoods. Ms. Volkers reminded the Council that there is a City Council Candidate Information Session tomorrow night at 4 PM in Council Chambers. Also, the Oakdale Area Chamber of Commerce is hosting the City Council Candidate Forum like in years past the following week. Ms. Volkers stated that the water tower design request for proposal indicated there will be a logo, but the vendor that is doing the graphic design needs a more detailed concept which would require this item be brought to workshop to gather concept designs from Council. The other option is to hire a graphic designer to create a handful of options for Council feedback and tweaking. Mayor Zabel preferred the latter option. Council Member Morcomb reiterated that the consensus thus far has been a classic design with a modern look. In regards to including the oak tree in the design, it was determined that this decision would be made after obtaining Council Member Willenbring’s feedback. Mayor Zabel was opposed to including it especially if the logo is going to change next year. Communications Manager Lori Pulkrabek further explained that the vendor has requested an agreed-upon concept of the logo prior to having their graphic designer begin work on the logo design. She added that staff has a variety of created concepts for Council dissemination and feedback. It was determined that this discussion will continue as needed. Ms. Volkers indicated that the local option sales tax mailer will be delivered to residents soon. COUNCIL TOPICS Council Member Morcomb brought up whether cannabis odor could be included as part of a City ordinance, especially as it relates to becoming a nuisance. Police Chief Nick Newton cautioned that this could lead to legal issues. WORKSHOP MINUTES OCTOBER 8, 2024 PAGE SEVEN In response to Ms. Volkers’ question about other cities regulating the odor of cannabis, Attorney Tierney stated it is unlikely for a city to get involved in a private nuisance matter. A city would only likely get involved if it relates to cannabis manufacturing or cultivating. Mayor Zabel reported that he and Ms. Volkers met with Independent School District 622, North St. Paul, and Maplewood. They discussed the district cell phone policy and ways to layer in the cities’ park system plans with the community education programming. Mayor Zabel noted that he is going to enforce the open forum policy during the public hearing tonight. WORKSHOP RECESSED FOR REGULAR CITY COUNCIL MEETING AT 6:48 PM WORKSHOP RECONVENED AT 8:31 PM AFTER REGULAR CITY COUNCIL MEETING DISCUSSION REGARDING INITIAL CANNABIS REGULATORY DECISIONS Ms. Volkers explained that there are several ordinance updates needed by January 1, 2025 as they relate to cannabis regulations within the City. Attorney Tierney noted that only the proposed changes to Chapter 25, Articles 2, 12, 13, 14, and 15 will have to go before the Planning Commission during a public hearing per Minnesota Statute and the City of Oakdale Code of Ordinances. Starting with Chapter 9, Article 18 – Cannabis and Hemp Business Regulations, Attorney Tierney asked if the City would like to cap the number of cannabis licenses within the City, as this is optional. If the City chooses to put a cap on the number of licenses then it has to require local registration of cannabis businesses. She explained that there are various ways to determine the cap. The City can cap the number of licenses at one for every 12,500 residents in the City, or it can have a cap that is triggered by the County reaching its minimum number (one for every 12,500 residents in the County). Attorney Tierney clarified that the City can use its own cap as well as the County cap, if desired. The Council was supportive of using both the City and County caps to limit the number of licenses within the City. It was noted that the cap can only be increased at a later date, not decreased. Attorney Tierney stated that the State will track the number of licenses and caps which will be accessible by the City. Also, municipal cannabis licenses do not count against a city’s cap. Regarding buffers, the Legislature has established a maximum buffer from certain uses that the City can choose to adopt or minimize – 1,000 feet from a school, and 500 feet from a licensed day care, residential treatment facility, or an attraction within a public park that is regularly used by minors, including, but certainly not limited to, a playground or athletic field. A question was raised by Council Member Morcomb about buffer infringement and license renewal. Attorney Tierney said that it could be argued either way if a cannabis license could WORKSHOP MINUTES OCTOBER 8, 2024 PAGE EIGHT be grandfathered in after a school, licensed day care, park feature, or residential treatment facility has been established within the buffer zone. One way to enforce the buffer regulation is to include it in the regulatory chapter instead of the zoning chapter. The Council was supportive of the proposed buffers of 1,000 feet from a school and 500 feet from a licensed day care, park feature, or residential treatment facility. In reference to the pre-license certification of cannabis businesses, Ms. Volkers requested that the proposed language read “City Administrator” instead of “City Clerk”. Attorney Tierney explained that the proposed ordinance is written in a way that puts the burden on the potential licensee to get all necessary zoning applications, requests, and scheduled inspections done prior to the City receiving the request for certification from the Office of Cannabis Management (OCM). As written, if the potential licensee fails to obtain necessary approvals or inspections prior to the City receiving a request for certification, the City will inform the OCM that the potential licensee does not meet zoning and land use laws. The Council was supportive of the language as written. Regarding the regulation of hemp businesses under State law, Attorney Tierney explained that it appears that on-sale intoxicating liquor license holders are entitled to a lower-potency hemp license as well. If the City chose to regulate hemp businesses, it only makes sense to do so for standalone retailers or off-sale intoxicating liquor license holders like gas stations. The Council was supportive of treating all hemp businesses equally with no additional regulations. Ms. Volkers noted that THC licensing will revert back to the OCM once the State starts issuing those licenses. Attorney Tierney stated that the City has the option to perform a preliminary compliance check prior to issuing initial registration. She encouraged the Council to consider this as it allows the City to ensure compliance with zoning, building, and fire codes. In response to Mayor Zabel’s question about a reason not to require a preliminary compliance check, Attorney Tierney said it is an added step in the process and requires City resources. Fire Chief Kevin Wold, Chief Newton, and the Council were supportive of the preliminary compliance check language as proposed. Attorney Tierney went over the reasons for denial, enforcement procedures, and applicable penalties. The Council was supportive of the relevant proposed language within Secs. 9-189, 9-191, 9-192, 9-193, 9-194, and 9-195. In regards to regulating the hours of operation, the Council agreed to mirror off-sale intoxicating liquor license hours as closely as State law allows. WORKSHOP MINUTES OCTOBER 8, 2024 PAGE NINE Alternatively, the Council agreed to remove the optional language regulating the hours of lower-potency hemp retailers. The Council confirmed that the City will charge the maximum allowable fee for initial and renewal registration fees for cannabis retail businesses. Moving on to temporary cannabis events, Attorney Tierney asked the Council whether these events can be held on City-owned property, e.g. City parks, and whether on-site consumption would be allowed at these events in general. It was noted that most of the regulatory authority is at the State level. In response to Council Member Morcomb’s question about having temporary cannabis event permits go before the City Council for approval, Attorney Tierney cautioned that there could be an issue with inconsistent discretion. The Council was supportive of allowing temporary cannabis events throughout the City, but not allowing on-site consumption. The agreed upon hours for these events were 10 AM to 8 PM. Attorney Tierney pointed out that temporary cannabis events, per State law, do not allow for on-site consumption of alcohol. Next, Attorney Tierney explained the proposed changes to the current zoning code, stating that similar cannabis license types have been grouped together within Sec. 25-08. The types of cannabis business licenses were reviewed in detail. The following clarifications were made: because the City does not have agricultural districts, there will not be any outdoor cultivation other than on residential properties; a cannabis or hemp retailer can also have a cannabis delivery service license; and a cannabis combination business (mezzobusiness license or microbusiness license) can also get an on-site consumption endorsement which is used for the on-site consumption of edible cannabis or hemp products, however, smoking is prohibited. This is also known as a cannabis lounge. Attorney Tierney added that alcohol is not permitted, but food, music, etc. is allowed, much like a brew pub, brewery taproom, or microdistillery. The Council was supportive of the language as written. Next steps include holding a public hearing at the November 7, 2024 Planning Commission meeting to review and approve the changes to City of Oakdale Code of Ordinances, Chapter 25, Articles 2, 12, 13, 14, and 15. All three proposed ordinances would go before the Council at their regular November 26, 2024 meeting. Mayor Zabel noted that any requested changes could be made on the dais as this item is not coming back to workshop for additional discussion. WORKSHOP MINUTES OCTOBER 8, 2024 PAGE TEN Staff will provide Council Member Willenbring an excerpt of the draft workshop minutes for this agenda item for review. Attorney Tierney offered to go over the proposed changes with her as well. Ms. Volkers asked if the Council would like to hire a consultant to research the option of a municipal cannabis retail store. At this time, the Council decided not to move forward with hiring a consultant. In response to Council Member Morcomb’s question about how having a municipal cannabis retail store affects the City’s financial credit rating, Ms. Volkers said the information is not known at this time. Attorney Tierney added that cities may not be able to get insurance for this type of license/operation. It was noted that the option for the City to move forward with a municipal cannabis retail store remains open into the future as a decision does not have to be made right now. ADJOURNMENT The workshop was adjourned at 9:27 PM. Respectfully submitted, Sara Ludwig, City Clerk