##VIDEO ID:jxs_bOIDNfg## all right everybody we're going to go ahead and call to order the meeting of the Oakdale city council October 29th 2024 s will you take the role please council member inab britson here council member morham here council member willenbring here mayor zabel here please join me for the Pledge of Allegiance Pledge of Allegiance to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all all righty first up on the agenda tonight the approval of the agenda council members we have a slightly amended version in front of us um can I get a motion to approve the agenda as amended so moved there's a motion as there second second motion a second all those in favor say I I opposed and the agenda is adopted next up we have approval of the minutes two sets in front of us tonight first up Workshop meeting minutes from October 2 uh October 8th 2024 council members any changes or Corrections I'll look for motion moved there's a motion is there a second second motion and a second uh final comments all those in favor say I I opposed and the workshop meeting minutes from October 8th 2024 are approved next up we have regular meeting minutes from October 8th 2024 council members any changes or Corrections I'll look for motion so move there's a motion is there a second second motion and a second final comments all those in favor say I I opposed and the regular meeting minutes from October 8 2024 approved next up on our agenda are is public hearings we have a number of them tonight um first up is a public hearing for the issuance of an on sale uh 3.2% maltt liquor license to Quantum Sports LLC do we have a staff presentation me the administrator vulker welcome um Mr Mayor city council this the application before you tonight for consideration is for a new on sale 3.2% um malt liquor license for Quantum Sports as a mayor said doing business as smash Hub a public hearing notice was published 10 days prior as as required in addition the Oakdale Police Department did do the background checks and found no disqualifying factors so what's before you today is an action to a a suggestion to approve the issuance of the on sale license council members any questions for Chris just a quick question council member moram thank you I just curious why it's only till March 31st of 2025 why such a short period the license year um council member Markham is April 1 so if they're late they only get it till the next renewal okay perfect thank you council members any other questions for Chris at this time I'm going to open the public hearing and invite comment from the audience on this specific agenda item if anybody would like to speak to this this item please feel free to step up to the podium state your name and address for the record um comments are confined to 3 minutes per individual and 20 minutes in total uh at this time please feel free to step up if you'd like to speak on this public hearing seeing none I'm going to go ahead and close the public hearing and bring it back for Council consideration council members any final questions look for motion I'll make a motion to approve the issuance of a new on sale 3.2% Malt Liquor license to Quantum Sports LLC DBA smash Hub at 895 hail Avenue North for the current term which expires on March 31 2025 there's a motion is there a second second motion a second final comments all those in favor say I I opposed and the issuance of a liquor license has been approved next up we have another public hearing for certifying delinquent utility and inactive accounts uh Chris staff presentation Mr stasica our finance director welcome thank you uh good evening mayor councel uh this uh public hearing is the annual certification for the delinquent utilities and inactive accounts to Washington County for payment on the 2025 property taxes uh the certification is the city's collection process and follows uh State statutes currently there are 293 accounts with an approximate balance of 138,000 uh for certification uh if the certification is adopted by Council any unpaid amounts would be uh submitted to the county and uh just to note staff would be collecting on these balances until December 15th and uh so at that point the 138,000 and 290 accounts that is the maximum that would be submitted so any collections until then would be uh included in their balances and then the remaining would be submitted to the county and I stand for any questions council members any questions for Kyle all right at this time I'm going to open up the public hearing on this specific agenda item similar as before if anybody would like to speak to the certification of delinquent utilities and inactive accounts please approach the podium state your name and address for the record um and proceed with your comments comments are limited to 3 minutes and no more than 20 minutes total seeing none I'm going to go ahead and close the public hearing bring it back for Council consideration council members final questions I'll look for motion I'll make a motion to wave reading and adopt resolution 2024-25 property taxes there's a motion is there a second second motion a second final conversation all those in favor say I I opposed and resolution 20249 one is adopted next up we have a public hearing on amendments to the Oakdale Marketplace and Oakdale station plan unit developments is there a staff presentation sa plan or Luke mcclanan welcome thank you mayor and Council so I'll try and be as brief as possible but there's a lot of details here and I want to cover the the important information so for these uh two planned unit development amendments um the location is shown there on the screen so the Oakdale station is on the left and O marketpl is on the right so just for um geog geographical reference I 694 on the west and 34 Street on the North so the uh the area was originally designated for commercial uses back in the mid 2000s uh so that was pre-recession Era there are uh two different puds as I mentioned but essentially they function as a unified neighborhood um Market changes have occurred since the original plants have been adopted and deviations to the develop or to the area have been approved to facilitate certain development um notably the Harland Apartments which is not shown there on the screen but it's kind of in the in the middle of the site there and then uh several other deviations have been um approved by Council in the past to facilitate uh development notably a couple restaurant areas that were designated as part of the original PUD site plan were have been changed to different uses so if you recall from October of last year in response to a development proposal located within the Oakdale Marketplace PUD the city council directed staff to conduct a PUD study of the area so the study began in early 2024 the city hired a consultant WSB and they have a specialist with uh urban planning and economic development and if you recall the study was discussed earlier this year by the city council and an overarching goal of the study was to determine appropriate land uses for both PUD areas and the proposed amendments that we're bringing forward tonight are based on the study findings the Consultants recommendations and guidance from the city council so in general we're proposing to allow additional land use options throughout the area so here's uh another image here of the neighborhood just for reference this is a more detailed map with current uses and we can refer back to it if needed so moving on this is the original site plan for Oakdale Marketplace so it's uh the area from pins on the Le hand side all the way to Target on the right hand side and and uh there are specific designations for each tract within this site plan and they are difficult to read but for example uh if you if you're able to zoom in closer to the to the um particular sites there they would you would see retail restaurant and so on and development must be in substantial conformance with this PUD site plan unless a deviation is approved by the city council so moving on to Oakdale station this is the original site plan there's actually two site plans um this is site plan option one and just for reference where my laser pointer is that's LA Fitness or um the current the former location there and then to the South there some conceptual development obviously or uh if you're familiar with that site that's undeveloped land and here is Oakdale station the second site plan option so before moving on I want to make just take a moment to explain what the current uses are per the uh puds so commercial uses are allowed with the exception of Ideal storage that was essentially a a a non-conforming use that can continue to operate as is and then we have the Harland Apartments as mentioned kind of in the center of the site uh they went through that the process to allow uh residential use on that site again development must be in substantial conformance with the site plans in place which is an essential part to understand about the Pud and then moving on to the proposed amendments So based on the analysis that was conducted by our consultant and uh also from the city's feedback from stakeholder input the following options are being proposed for this area and I just want to highlight some key themes before I move into the individual tracks so some of the key themes here design uh we want to designate land use options throughout the area we want to allow residential on very specific lots and we want to specify certain commercial uses and we also want to introduce additional exterior design standards more signage options and and additional Landscaping Al particularly along the southern portion of this area to help buffer uses from the uh residential the existing res residential neighborhood to the South so here is site plan option two and uh these two proposed site plan options are they're not mut mutually exclusive of each other and they're meant to provide options for development of the area so here's what we refer to as tract a so this is a couple Parcels South of LA Fitness and again this is a vacant site about 15 acres and permitted uses that we're proposing commercial retail office that doesn't really change from what's there in place right now uh in terms of allowed uses but we also want to open up to medium and high density multif family use and uh this presents a couple scenarios showing residential what residential development could look like on this site and again we're leaving the door open to allow commercial development if that is uh suitable here if a developer proposes such use moving on to tract one this is the ideal storage site and it is currently uh as you know commercial storage approximately 5 Acres proposed permitted uses here includes self self-service storage so that can continue to be be operated there commercial retail or service use brew pubs tap rooms micro distilleries and multif family residential uh four 4 to 12 ding units per acres for Town Homes moving on to tract two so this is currently a 1.5 acre vacant site proposed permitted uses include commercial retail service restaurant including fast food brew pubs tap rooms distilleries or multif family residential use for Town Homes moving on to tract three so this is uh the vacant site at the southeast quadrant of 34th Street and Marketplace currently it's vac and it's about 2 acres in size and proposed permitted uses here this track must contain at least one restaurant which can be a convenience food restaurant with or without drive-thru Food Services or we when we say convenience food that's fast food um and so at least one restaurant has a standalone use or it can be incorporated into a multi-tenant building multitenant commercial building that is and a two-building scenario would be permitted on site provided that each building contains a restaurant and again the restaurants can be uh fast food with with or without drive-through Food Service moving on to tract four so this is the Northeast quadrant of 32nd Street and Marketplace so it's uh the parcel that is south of McDonald's West of Target it's about 5 Acres proposed permitted uses multi-tenant commercial retail or service restaurants including fast food and drive-thru uh Food Services root pubs tap rooms micro distilleries and then more than one building would be permitted on the site provided that meets site plan standards and then mixed use would be permitted provided that both commercial and residential uses are contained within a single building the final tra here is number five it's a vacant site approximately 2.75 acres and um it is the southern portion of the Target parking lot proposed permitted uses here include commercial retail service restaurants including food with with or without drive-thru Food Services brew pubs tap rooms distilleries and then more than one building would be permitted on site provided that it meets site plane standards and finally we have some additional standards for the two PUD areas so the first point I want to make is uh just that a joint pylon sign off I 694 would be allowed subject to certain conditions that were that have to be met uh the second Point here is that we want to allow more wayfinding signage and that's just to help visitors customers navigate the area we have a provision here for four-sided architecture just requiring more consistent uh facades materials designs throughout a building so there's no apparent back side of a building the the full are all all elevations of the building would be attractive and and welcoming and um in terms of maintaining a consistent character for the building uh next for sidewalks um a sidewalk must be installed on the parcel that is located south of 32nd Street whenever it develops additional landscaping that's another provision that we're proposing for the southern portions or Southern Parcels of this area to help buffer nearby residential uses and then finally we're proposing a sewer Avail availability uh charge sirch charge for new residential development that is that would increase the flow rate of uh that is above the comp plan allowance and this is just a new provision that we've added since the Planning Commission back in August when they when they reviewed this request so a couple other changes I want to just note here since the two PUD amendments went to the the Planning Commission for review back in August so each PUD was divided into an ordinance and resolution and that's just to help better separate the zoning changes from the changes to the original PE site plans and as noted earlier were we propose expanding the types of uh restaurant uses allowed throughout most of the the PE area and uh we also clarified that brew pubs tap rooms and distilleries would be permitted uses and before I conclude I just want to acknowledge that we received a few written comments regarding the Pud amendments and they were previously forwarded to the city council for review and consideration well ahead of this meeting Planning Commission as I mentioned they heard this request back in August on August 1st they held a public hearing and the Planning Commission recommended approval of the Oakdale station PUD Amendment the Planning Commission did not recommend approval of the Oakdale Marketplace PUD Amendment now staff recommends approval of the two PUD amendments and I just want to remind the council this is a public hearing and staff would be happy to answer any questions uh there are any specific legal questions of course we have our City attorney on hand here as well thank you thank you Luke uh council members any questions for Luke right off the bat how about our City attorney not by9 I wasn't asking if you had any questions I was asking if we had questions for you oh sorry come on Jim okay at this time I'm going to go ahead and open the public hearing pertaining to amendments to the Oakdale Marketplace and Oakdale station plan unit development uh the rules of public comment have been posted in council chambers again 3 minutes time limit per person no more than 20 minutes is reserved for public comment if you would like to step up to the podium please state your name and address for the record and proceed with your comments Mr Mayor members of the Council City administrator City Clerk and Mr Thompson Jack Perry here from the Taff Law Firm I'm going to take three minutes both for Marketplace or Oakdale Marketplace LLC and for launch Properties LLC I sent a letter to you you individually are kept at three minutes if somebody else would like to I can do it in one minute perfect thank you I sent you a letter last night and what you saw in there is something you'll never see three different law firms all representing different parties told you on June 4th August 1 August 1 and now tonight the same thing lawyers don't agree on anything what we are saying in essence is what the city planner just told you is fundamentally legally flawed and it's fundamentally legally flawed because the planning department thinks that the plan attached to the P agreement trumps the Pud agreement the problem with that I will read the language to you was written by your Council Tim Kean allowable uses and vested rights this is what you agreed to 11a except for the special conditions set forth in section 10 allowable uses within the Pud shall be governed by the not the plan C2 comma community commercial zoning District the intent of the Pud is consistent with the intent of the C2 District which is provided for re retail and service uses which deal directly with the customer For Whom the goods or services are furnished next next paragraph talks about bested rights paragraph [Music] 16b excuse me 16 uh uh uh G has an integration clause and so what you have is you have an agreement that trumps what the planning commissioner just or the planning department just told you presumably what your City attorney has told you and said that we don't care what's in the planning the plan itself the the construct the the size Etc fine but as it relates to the uses the allowable use and vested rights are set forth in 11 paragraph 11a and 11b and to be clear if you go forward with this you will be sued on this we would prefer not to sue our regulator but we will because we have to you do not have the ability under this agreement to unilaterally do anything with this beauty period end of story and there's consequences if we sue you this is not a situation where where all we is a declaratory judgment that says we win or you win Mr Perry your time has expired thank you I will finish my sentence thank you this is a situation where there are constitutional issues because call called the compens compensable takings Clause both the federal and state constitution if you're liable you pay for damages you pay for my fees as well as your own fees you also are are liable under contract your time has expired thank you you're also liable under mandamus damages under 5869 you can do what you want to do take your seat please we got your time has expired I don't care is there anybody else in the audience that would like to speak under the public hearing tonight if so please step up to the podium and state your name and address for the record is there anybody else seeing none I'm I'm going to go ahead and close the public hearing bring it back up for Council consideration City attorney Thompson uh Mr main members of council uh because of the threatened lawsuit over the Oakdale Marketplace PD I am going to recommend that you not act on that tonight uh uh we just got received the letter late in the day yesterday uh and we have added an agenda item tonight for me to meet with you and closed session to discuss that threat and lawsuit I want to emphasize that we will not be meeting to discuss the mer Pros or cons whether these are good land uses or not we're going to be meeting in close session solely so I can talk to you in confidence about the uh merits pros and cons of any potential lawsuit so I recommend not acting on the Oakdale Marketplace uh PUD tonight you're free to act on the Oakdale station PUD if you want uh there are no there's no controversy over that one as I understand it and I think the developer would prefer to move forward with that but uh you can act on that one if you want to okay so Jim what would be the what would be the action item or the language to move past the first two items listed under public caring in Mr Mayor M of Council in the agenda under item public caring C uh the first two have to do with the resolution in the ordinance with respect to Oakdale Market Place those are the ones I'm recommending that you do not act on tonight we'll bring it back at a future council meeting but what is the language to move past those and proceed with the oakal station is it a motion you can a motion to table is fine or to continue it to a future meeting maybe I would say just continue it to a future meeting we'll make sure that the developer and his attorney and gets notice and they're aware of that meeting when it's scheduled okay just like I did for tonight's meeting so I will make I will make a motion to continue consideration of resolution 20248 n and ordinance number 937 to a future meeting Jim language good yes okay there's a motion is there a second second motion a second any conversation all those in favor say I I opposed and those are continued to a future meeting um next up we have resolution I'll make a motion to wave reading at adopt resolution 2024-25 is adopted another action item Jake would you take that for us uh sure I'll make a motion to wave reading and adopt ordinance number 936 amending the Oakdale station planned unit development to allow residential use on certain property there's a motion is there second second motion a second uh any conversation all those in favor say I I opposed and ordinance 936 is adopted uh next up is open Forum before we get to that I do have a few proclamations to cover tonight they're here somewhere I know they are um first up is a proclamation recognizing uh National First Responders day which was yesterday um and the proclamation reads as follows whereas 911 dispatchers Emergency Medical Services fire Personnel law enforcement and search and rescue teams protect and Aid the public when there is an emergency or crisis and whereas after the Boston Marathon bombing in 2013 police officer Sean klier was shot to death by bombing suspects while responding to a report of a disturbance and whereas soon after officer kier's brother began a movement to recognize and honor the men and women who are first on the scene of emergencies and who risk their lives to save others and whereas every day First Responders risk their own safety in the performance of their duties to protect citizens and whereas First Responders are at the ready to Aid others 24 hours a day 7 days a week and whereas First Responders under go significant education training and personal sacrifice to achieve the expertise needed to respond to every type of emergency or crisis and whereas in 2019 legislators established October 28th as First Responders day in the nation therefore I Kevin zel mayor of Oakdale Minnesota do hereby Proclaim October 28th as First Responders day in the city of Oakdale I know I speak for all of my colleagues and all of our residents when we offer a very uh heartfelt and deep thank you to our Our First Responders in this community um the situations and crises they encounter every single day are unimaginable to most of us but routine for them and the the manner in which they handle it with dignity and Grace and compassion is something all of us are proud of and we are deeply appreciative so to Chief Newton and chief wal thank you to your tremendous teams um this city owes you all a tremendous de of gratitude so thank you we also have three proclamations um that I issued recognizing business anniversaries in our community something um that we've done for a number of years now uh in a show of appreciation to businesses that are calling our community home um employing a lot of people in our community um Canvas Health celebrated their 55th anniversary as an organization on uh October 20th so I was honored to to go by their campus uh on in still water on Still Still Water Boulevard here in Oakdale um congratulate them on behalf of the city for 55 years of um tremendous and irreplaceable Service uh to not just our community not just the East Metro not just the Twin Cities but across to people across the state it's pretty uh pretty incredible um on October 24th we also recognize hearing of America day um Dr Jerry over there um has done a tremendous job supporting residents and their hearing needs Community for 10 years now um Dr Jerry has been a a an ENT supporter of the city causes in our city participation in the business retention program Summerfest um anything he can do to help uh build culture and Community here in our city he he he's always willing to do um it was a great celebration out there on the 24th um in conjunction with the Woodberry and Oakdale area Chambers of Commerce because he's very active in both of them so um it was nice to recognize uh hearing of America on the 24th and then on the 25th um we recognized the waters Oakdale um and their 10th anniversary in our community um I was honored to to go out to that event and was joined by county commissioner Kwasi um Stan was I don't know if he was a city council member where's Lori uh was he mayor in 2014 I think he was that I think he won the election in November 2014 so he might have been a council member at that time but um just to hear how you know think about all of the work that the city put into redeveloping that site to creating amazing amenities in our community whether it's Hive whether it's the other businesses there but also carving out space for senior housing which is absolutely a need everywhere um and the services that they provide to take care of their residents truly amazing um had the opportunity to chat with a number of residents there during that event um just to hear the the the love and appreciation they have for their staff for the environment it's really nice to have the waters here in Oakdale so uh we recognize their anniversary on October 25th so congratulations to all three of those businesses for uh many years here in Oakdale and hopefully many many more uh we are still under open form this is an opportunity for anybody who is in the audience that would like to step up to the podium and share whatever is on your mind please feel free to do so we ask that you begin with your name and address for the record um similar to public hearings comments are limited to 20 or 3 minutes uh per individual and 20 minutes overall but please feel free to step up and share whatever is on your mind welcome I wasn't ready for this but apparently I am hi I'm Samantha Jean grenell I live at I'm sorry I'm very bad at public speaking but I live at 395 simmeron Lake Elmo Minnesota 55 042 yeah okay uh oh okay you guys ever feel like God sent you somewhere to be somewhere in the exact moment that you're there but that's why I'm here today okay this is really hard take your time okay I've had a lot of dreams and I'm like since I was little I've been dreaming of all these things and I had really big dreams and I never thought they would come true like this I'm literally living in my dream and it's really weird and I so much I'm so sorry it's beautiful it's very beautiful but I'm so okay the presidents do not deserve to be idolized I have a whole thing written down which is why it's a little harder because there's only 3 minutes and I'm sorry like I got a lot more than 3 minutes worth so this is like off the top of my head so I'm I'm trying my best but and it's a lot if if you would like to submit written comments um to our city clerk no I have to enough is enough we've been hurt for far too long I've been at the bottom for freaking ever I've been through a lot of pain a lot and I'm sick of watching everyone else go through it too I don't know how I'm going to change the world I need everybody's help to do it but God speaks to us and through us and for a while I've been called crazy and all these things but I've been talking to myself and it's it's not me talking to myself all the time and it's not me talking sometimes and it's really hard to explain I'm sorry guys it's it's a lot it's hard to open up I'm finally using my voice which I honestly don't pull me over but my freaking uh headlights out my tail light doesn't work freaking my car is breaking down I ain't got no money to pay for them bills I'm worried about feeding my freaking child in my stomach and I have a plan on how we can do this and Costco and Sam's Club have a lot that the world needs at the moment and if I were to I don't know what I'm asking for but if people just gave a little and had less greed and I don't know just it's hard guys I'm sorry not everyone's going to believe what I have to say and that's okay I'm willing to take that I was going to make myself go and drive down the highway super fast and make the police pull me over because I went to the police and I told them and they sent me home and it was for a reason they didn't think I was going crazy or anything like that but oh okay just time for a change thank you that's just I need to go home and feed my kid thank you is there anybody else that would like to speak under open forum tonight welcome hi my name go ahead go ahead thank you thank you mayor and council members for giving us a chance to just talk briefly real quick today about some of our concern s uh my name is Matthew bball I live at 6590 Second Street North uh in Oakdale off Greenway Avenue and this is Joel sto my name is Joe stoy s oi and I live at 168 Greenway Avenue been there since 1959 but I got a little problem with my neighbor I brought some pictures he's got thistle he's been there three years and I had problems with him his kids throwing rocks at my house my three dogs I had at that time and my car and I I give them a little heck about it so anyway now the people who lived there before they lived there for 50 years or better and they had flowers along the side of their house now it's all thistle I suppose the birds put it there there but uh it seems like all these years that them flowers were there for 40 50 years easy so anyway I talked to him about it he was going to kill it and then I don't know if you guys ever seen this you ever see these weeds that go alongside a fence they get about this high and you trim them right well this tree grew to be this big and hanging over in my yard he finally I was after him to cut it down he cut it down but he gets he gives me a smart attitude about it see that's that's what I I don't like I don't like to be talked smart you know either do it or not do it so anyway they're still there I got pictures of the thistle that he's got Gro here if you guys like to look at it you can but my daughter took pictures and I've seen uh I went over here and I've talked to Oakdale about this and I talked in uh in the spring of the year I told him about this and I talked to a lady there and she told me she was going to come up and take a look what I had she never come so I went here about two weeks ago and I met a guy by the name of Chris and he said he'd come well about four days he was there and he looked over he says I don't think we can do anything about this because there's a state law about weeds and uh I said you mean to tell me they didn't tell me this at first I don't know why but that thistle is coming down in my yard and I I don't want it there it's about this high right now so council members one of our concerns is and I'm here in support of my neighbor Joe uh I've been a resident for 35 years here in Oakdale and Joe's been a resident for 59 years um one of our concerns really what we're trying to get to the point is is we have brought up concerns with this with the city and uh the Oakdale Police Department uh Joe's one of Joe's concerns here is the growing weeds from Neighbors there are other concerns that I wanted also bring up this the the traffic the speeding uh uh neighbors that are disrespectful uh yard keep and things like that uh we bring these concerns up to the Oakdale Police Department they take notes but nothing really ever gets done my my major point is is that of course me and Joel We Live in the older section of the city of Oakdale which they used to call Tanner Lake Heights and we we feel that we're not getting we're forgotten in in this portion of our city and we want to bring this awareness up to the K council members to please not forget our old residents our old portion of the city Tanner Lake Heights we don't want to be forgotten and we do want the police department when we make concerns to actually take some action um I worked at thrm for 39 years I'm finally retired and uh most of my years here living at in Oakdale I I was working 10 12 hours a day now I'm retired and I'm finally getting to see what's going on in my neighborhood a little bit and I really am appalled and very surprised of the things that are happening in the great city of Oakdale I was I was born here and I continued to to be a resident here and own a home here um because I felt Oakdale was a great community um real quick I'm I know I'm running out of time but I just want to bring awareness to the council members that one of me and Joel's concerns are and many other other neighbors in our in our area of course new residents are coming in diversity is happening which is great but there should be more awareness of the new residents coming in and I wish there was a way that the city of Oakdale could propose had notified new residents coming into the city of Oakdale to the city of Oakdale the rules and the regulations of keeping a home proper and with respect and we're losing a lot of that in Oakdale and me and Joel wanted to bring these concerns up his concerns are more specific mine are more Broad and we wish that the Oakdale Police Department would take a little bit more action I just want to say we had a little boy a few years ago get killed on Greenway he was six years old and his parents live kind of kidney quarter from me and they're gone now too because they're all in the place where we all go but anyway uh and we had a little boy get uh hit in front of my house my wife seen it when she was alive she seen that that little boy get killed I mean got hurt but uh you just can't seem to stop that traffic there and I'm trying to get him to put a stop sign up there on the hill because they come flying over that Hill I've been in two accidents pulling out from my driveway you can't get out of their way they're just coming too fast again are noteworthy we would like to see more police presence uh in our area and with a time when Oakdale the city of Oakdale is asking for more funds for a new uh uh p uh public uh Public Works Public Works building I'm sorry and and in the police department you know the residents would like to know hey if we're going to support this and we're going to vote on this you know where has the Oakdale Police and when we call them will they help us out and we're just saying here today oh ters Parks Tanner Lake Heights area oldest part of Oakdale please don't forget about us thank you for your time today and can I just say one little thing is there anything you can do about these weeds because I've talked to my neighbor and we don't get along to what do we do about that I mean not not just the weeds but the barking dogs about the yard ways always I I just recently had a neighbor that had a an old washing machine that didn't work and he left it in his front yard we can't have that um that's that's appalling it's ridiculous and of course as neighbors we we bring it up to one another and please do something about this and we hope that they're going to be respectful uh it took a little while but the neighbor did app uh comply but we just want the police department to not forget about us we're the oldest part of the city and we don't want the council members to forget about our area of the city also thank you council members for for letting us speak for a few minutes appreciate that can I show you this picture uh could you hand them to our city clerk we'll check them out after the meeting can are you okay to leave them here with us are you okay to leave them I'm gonna leave them here with you can I trust you I don't know thank you all for listening to us uh City administrator vulker can you send code enforcement down start writing stuff up please 100% yes we will follow up with you thank you I hope you get a hold of me then yes we okay yep um I mean this is always that awkward time of the year between summer and winter months but and I know code enforcement has had Staffing challenges but yes just we got to start writing them up we are Mr Mayor and Council we are staffed up now and we do encourage residents to use C click fix too so we can track it but we do have a new cotee enforcement officer Chris as he referenced so we'll talk more to him thank you um could you send him down this week please sorry could you send him down yet this week please yes thank you yes uh is there anybody else that would like to talk under open form tonight going once going twice all right let's move on to consensus motions council members we have a through H in front of us tonight are there any that uh an individual council member would like to pull for individual consideration I don't have a copy of H uh appointing yeah good point appointing okay yes I'm sor sorry no that's fine yep appointing Bo to the uh remaining term on the Planning Commission oh okay oh okay uh so can I have a motion to approve a through H as presented I'll make a motion to approve consensus motions a through H as presented there's a motion is there second second motion and second final comments all those in favor say I I opposed and consensus motion a through H are approved as presented next up is our time to check in with our advisory boards and commissions when does EDC meet next do we need to appoint a new liaison for that group December dece does may know next wednes oh is that the last time for the year yes okay okay next Wednesday uh council members are you all okay if I just cover that one until we get to the New Year okay fine um Environmental Management commission met last week is it yeah um a bulk of their work was focused on the 2025 work plan so they are looking at that um in advance of our uh iation dinner and planning session with them in February I believe so um with new Commissioners on that group they have a lot of new ideas which is great so they're going to start formulating it into a plan with Hannah their staff liaison um and we will see that when we meet with them in February uh parks and W met council member moram you are there leaon yeah it was a fairly brief meeting but they uh had high praise for the new Willowbrook Commons park everyone is absolutely in love with that new park in the north end of town and I hope everyone gets a chance to go out and enjoy it I've been there multiple times myself and also their 2025 work plan was set that's what we covered wonderful uh award a bid none tonight so we will go into staff reports we have something from fire chief wal welcome come on down are you asking for money y all right I like it uh good evening Mar Council first of all Mr Mayor thank you for the kind words about first responder I know can't speak for chief Newton but uh our fire department really appreciates um Council and mayor City staff support and everything that we do on a day-to-day basis so thank you for that we appreciate it um so I'm here tonight to um talk through uh some approvals of some fire department vehicles that are currently uh a little ways out in the verf uh we continue to run into supply chain issues price increases delayed in inventory and we're trying to stay ahead of the curve um by ordering a little bit earlier um and still taking delivery within the time frame of the ver um but getting ahead of it to try to alleviate some of those issues and concerns that we have uh currently we have a new ambulance listed in the 2026 verf um we're looking to order that this year yet uh we still won't take delivery of it till first quarter of 27 uh there's no Financial commitment until we take delivery of it um so we're looking to try to stay ahead of that it's it's becoming a thing for us and um we don't see an end inight uh the other one is a um assistant Chief's vehicle it's a response vehicle um and we're trying to get that ordered uh before the state contract ends the end of the week um and then there's price increases that go along with that and the uncertainty of who's going to get the state contract and what that delay and impacts look like again that's a 2025 purchase and we won't see that until late 25 if we order it this year so again we're in line no Financial commitment until we take delivery of these vehicles we're just trying to stay ahead of it and avoid some of those price increases and Lead times and other factors that go into it so with that I'll stand for any questions yeah just quick one didn't we just get you guys those tahos or was that like five years ago already uh six years ago wasn't that long ago yep so the ambul the the uh the Tahoe is a six-year old vehicle and the ambulance will be a 12year old that we're replacing at the time that we take yeah that must have been right when I got on the I feel like we just did it though yeah wow that's when you know you've been around here too long right I guess it all just kind of Blends in uh council members any other questions for chief wal no Chris anything to add no thank you all righty uh look for a motion make a motion to authorize the city administrator to sign documents as needed related to The Ordering of fire department Vehicles identified for replacement in 2025 and 2026 as outlined in the proposed 2025 to 2034 vehicle and Equipment replacement fund there's a motion is there a second second motion a second final conversation all those in favor say I I opposed go forth in order thank you I appreciate sad that we say that saying we'll get it in two plus years I can't believe that was six years ago uh next up police chief Newton welcome where where'd he go oh there he is [Music] good evening Mr Mayor and councel uh tonight I'll be providing information concerning the business super smoke located at 1029 helmo Avenue the business owner Mr KF requested a public hearing after receiving an administrative fine for selling TC product without a license I'll provide a brief summary of the situation in early 2023 super smoke applied for a license to sell THC product the city reviewed the application and found it did not meet criteria for a license due to its proximity to a daycare on March 6 2023 the city sent the business owner a letter informing him of the denial for the license pursuant to city code on June 5th the police department conducted a tobacco compliance check at the business the business failed the compliance check after selling uh tobacco to minor on July 18th the police department sent the owner a letter and an invoice from an administrative fine for the compliance violation Mr Cliff did pay the administrative fee as directed by the city on September 30th 2024 the city was notified by the office of cannabis management that super smoke was selling THC product without a City License unbeknown of the police department the office of canvas management told us that the business was selling High potency THC which was outside of the scope of state law in addition to that they did not have a license to sell THC product from the city following receiving that information from The Office of canus Management on October 4th the police department stopped by the super smoke for an inspection uh the police department found that the business was selling THC without a license the police department communicated those concerns to the owner and ask that they remove all the THC product from the business on October 15th the police department sent the business owner a letter and uh administra a fine for those violations mayor and councel the owner's actions of selling THC product after he applied for a license and he was denied a licens is clearly a willful act in violation of city code the police department believes the proposed administrative fine is a prudent uh measure for conduct by a business owner who knowingly sells uh THC without a license and Mr Mayor I'll turn it back over to you thank you Chief um council members let's open it up for questions for chief Newton before we move forward with this process um is there any ambiguity as to whether or not there's guilt here of selling without a THC selling THC without a THC license I mean is there any doubt here no so the business owner applied for a TC license and they did receive a letter with the official denial because they were right next door to a daycare and it was too close proximity to have a license okay but but there's no but there's no question that he was selling regardless of not having a license correct and beyond that the office of canvas management reported that in January they were selling High potency hemp which is a violation of state law then they also did in several more inspections during the year and every time found that they were selling THC product okay so this wasn't a onetime thing this was an ongoing issue correct okay chief can you clarify something for me so the fine is based on number of violations two violations correct what sections of city code do those violations pertain to so one was the selling tobacco to a minor correct y so that'd be article three under tobacco the second one is uh so that was under the general Provisions code and after talking to uh our City attorney and Consulting on that it seemed like that was the appropriate area to uh make that administrative fine General Provisions but what is the underlying crime selling th without a license correct so the fine structure within each section whether it's tobacco or THC are Standalone Provisions so shouldn't it be two $500 fines since they those infractions reside under different bodies of or different chapters of the city code or different sections I should say so there's the 500 for tobacco okay that got paid shouldn't THC be a first violation since that is a first violation under that section of the city code versus a second violation is well maybe this is a question for Jim can violations be stacked in that manner or do we have to take infractions of each article of the city code AS Standalone areas okay Mr May man's Council um let's see if I can simplify this right that'd be great yeah I didn't help so this is before you with the opportunity for The leny Who holds a tobacco license to appeal uh the administrative fine for a second violation of the tobacco license ordinance okay but that's not what Chief Newton just said okay let me okay that's my I understand that um uh and it is a little confusing I agree with you okay but but that's why this body is the body that under the code has the the right to um the license he has a right to a hearing uh for violating granted another provision in the code but it's still he holds a license from the city and I think the council has discretion to say okay we're going to this is a second time that you violated your code provision relating to your tobacco license okay now that's in that's in the tobacco licensing section of your code independently of that there's another chapter in in chapter 4 that uh with the city council many years ago created a process for I'll call minor code violations uh rather than taking them to Criminal Court you issue an administrative citation and that's handled uh administratively again they have a right to a hearing and I believe the maximum fining on that is $1,000 I think okay so here you okay you probably could have done both okay let me explain why in cities that don't have the administrative hearing process they get cited and they go to court and they plead guilty or not guilty and and once that process is completed what most cities will do is bring it back here then for the licensing penalty so they would get both a criminal fine if they're found guilty and then a civil penalty now that's that's not your process because you have the administrative hearing so you actually could have done both but because they're both civil in nature we only we only doing one we're not getting he's not getting charged twice now it just so happens that because this is a second violation the administrative penalty that's being imposed $1,000 is exactly the same as the maximum penalty you could done on the administrative so I it is a little confusing uh but the reason they're here today is because of the their request to not not have the city council impose the $1,000 penalty for the second violation of their tobacco license okay so I'm not sure you answer my question though so maybe this is the different way to frame it is there something in the tobacco chapter or a condition of holding a tobacco license that says you have to be law- abiding you can't have any other infractions of of the city code is that why selling THC without a license is being stacked in the tobacco column right that's good question the answer is there's nothing specific in the tobacco license that says don't violate your TSC regulations but I believe the council has inherent authority to oppose that second penalty when a lensey violates a provision in your city code um related to selling products that require a license that they didn't obtain now could you do it if it was a completely different violation like uh junk vehicle probably not okay but these are so closely tied to each other I think you can I think you can do it but it it's a good question and a fair question okay um sorry everybody I got I gota look up the process because I know the city code spells it out uh or Jim if you have it handy I I have the code sections handy um proc proc oh I'm sorry any final questions for chief we can also check back with him at the end okay so Jim correct me if I'm wrong if I'm wrong the license holder has the ability to provide comment to call witnesses to present evidence and then back for Council consideration correct can I cover everything yes okay uh is the applicant here tonight please feel free to step up to the podium state your name and address for the record and proceed with your comments okay hello mayor and Council my name is mahm hanon uh I live at 1610 grenade Avenue North in oale um uh I'm the manager for the store so we have uh basically this second citation we got regards selling THC without license uh before this citation got received um officer will uh F uh stopped by on October 4th and he gave us letter saying this is a courtesy uh notice uh to remove everything immediately from the shelves uh before any like further actions get uh applied also we will do like a compliance check in the next two days just to make sure everything is correct and I had personally like a phone call with him on October 15th we received that citation um so regards like the citation we received in June that was like I take very seriously any like selling for miners I do train my employees sometimes things get out of your control um I did my part employee got like and they know that you will get fired immediately without question asked if you like do anything like this and that employee was fired immediately uh regarding the um THC license we uh applied for it in 23 when the law came in as a dispensaries thinking that we will be be able to sell like everything and then um it's kind of like a lot of confusion around it then they came up with the law that there's higher potencies lower potencies and we had uh the state stopped by many times at our location the first time we didn't get anything they just destroyed whatever they thought it's not right and the third time actually he said like multiple times um and they found something wrong the third time which is basically when they told uh the police department or like the city of oale that we don't have a license uh they didn't have anything they they cleared that everything in the store is like with the limit and in those three times nobody mentioned that there is a license needed all the warehouses cuz like when we buy products from Warehouse they need a tobacco license all the warehouses didn't request anything so we didn't have any idea that this license got to be like different than the higher potencies or dispenser license if I had an intention to like s legally why on Earth I would be filing taxes because taxes on THC product is 10% higher than the regular one and all those filed like I would do it would be stupid to file those taxes if I know that I'm committing something wrong I have no intention of like doing anything illegally in fact that we removed those um product is about $40 to $50,000 worth of inventory at sitting thing just like because of the request and we were like I spoke with uh Jake uh about uh MIM spoke with you about like uh getting an exception because our location been there before even the daycare and before the law came and it's something like out of my control to be in that location if I knew the law will become before I take that location it's my fault but the law came after I took that I do have Comm commitment to flee I do have employees is I do have inventory so like we were asking for two things like exception to have that license and if I knew that I needed that license I would be standing 10 months ago and uh this stand just to request that exception uh and for this citation we just need like we got hit with so many that we need a break and if we didn't like follow their request of removing everything immediately based on their language courtesy notice serve to you to remove everything before any enforcement taking action and I don't know if they did any um by compliance check or didn't but I can assure you that if they did anything there is nothing found uh there is I don't know if they did it even so that's what I have to say and I don't know if you guys have any question please uh let me know thank you are there any addition any Witnesses or other evidence you would like to present at this hearing uh I mean all what we have is like the emails we got from them basically uh which is those like an records um evid like there's not watch know okay thank you uh let's bring it back up for Council consideration Jim have we covered all requirements under the city code yes okay uh council members questions for staff anybody okay I'll look for motion I'll make a motion to uh under resolution number 202 24-9 uh to hold a hearing and pass resolution upholding the administrative fine there's a mo motion is there a second second motion second final comments all those in favor say I I opposed and resolution 202495 is passed next up question for the City attorney can we conduct the rest can we rearrange the agenda to conduct the rest of the business and then end with the Clos session yes Chris are you okay with that okay um yes there was a reason why I did yes it's fine yes intentional so so we're going to do that last then yeah let's move forward into administrator's report um Mr Mayor we do need to come we need to come back to start Ed so either way we have to come back it's yeah we can't just end like we usually do and then close it go home take action at the end yeah yeah I I we put it this way because if we thought it more logical to put it on the City attorney reports but you certainly can do the city administrative reports first go to the Clos session then we come back and adjourn the meeting okay yep that's fine uh what are we going to do guys um sir we've concluded that I think uh the police department will be in touch regarding next steps J Newton is right behind you thank you uh I'm going to suggest let's just crank out the business and then we'll just have two closed sessions back to back different bodies but um let's just check off administrator's report presentations um since the presentations uh we want uh for the public because there's some Public Notices so uh City administrator vkr hi uh Mr Mayor city council um I have two items under mine um a is about chapter 15 for the Parks and Recreation um section of the city code there are 1 two 3 four articles that have been revised discussion was held on the October 8th Council Workshop we did discuss it we've done we've attached the agenda track changes version a clean version of both of the um New ordinance and so what we're asking today is um two motions one to approve um and adopt ordinance number 935 and then the other one is by title and summary summary to publish that ordinance uh council members any questions for Chris all right let's hit it I'll make a motion to wave reading and adopt ordinance number 935 amending the code of ordinances for the city of Oakdale chapter 15 Parks and Recreation updating certain language there's a motion is there a second second motion a second final comments all those in favor say I I opposed and ordinance 935 is adopted we got one more right yep uh I'll make a motion to wave reading and adopt resolution 2024-the publication of ordinance number 935 by title and summary there's a motion is there a second second motion and a second final comments all those in favor say I I opposed and resolution 2024-the did meet in two sessions in work sessions July 9th and August 14th to discuss these proposed changes to chapter 10 um in regards to General conditions and charitable gambling so what also attached to the agenda is an underline and track change version a clean work version and then the corresponding ordinances those two there's two ordinances 933 and 9 934 in addition we have two um requests for summary Publications one for each so there's four overall motions we're proposing council members any questions for Chris on either of them I guess no all right who wants to make the motion I'll make a motion to wave reading and adopt ordinance number 933 amending the code of ordinances for the city of Oakdale chapter 10 liquor control and charitable gambling article two general conditions relating to notice and hearing requirements and updating certain language there's a motion is there a second second motion of a second final comments all those in favor say I I opposed and ordinance 9:33 is adopted I'll make a motion to wave reading and adopt resolution 2024-the publication of ordinance number 93 3 3 by title and summary there's a motion is there a second second motion a second final comments all those in favor say I I opposed in resolution 202 24-96 is adopted I'll make a motion to wave reading and adopt ordinance number 934 amending the code of ordinances for the city of Oakdale chapter 10 liquor control and charitable gambling article three charitable gambling authorizing and reg regulating the conduct of lawful gambling there's a motion is there a second second motion and a second final comments all those in favor say I I opposed and ordinance 934 is adopted I'll make a motion to wave reading and adopt resolution 2024-the publication of ordinance number 934 by title and summary there's a motion is there second motion a second final comments all those in favor say I I opposed and resolution 20249 7 is adopted uh City administrator vulker one more I do not have any more do donation oh the donation I'm sorry gosh like um yes so we had a very generous donation by one of our residents um she would like to donate $100 fors of Veterans Memorial beautification so the beautification of the Veterans Memorial so that will be earmarked for it Miss um Katherine Tron is the one donating it so if the council is um is so chooses um there is a resolution to accept that donation council members any questions for Chris I'll look for motion make a motion to wave reading and adopt resolution 20249 3 accepting a donation from Katherine tronson in the amount of $100 there's a motion is there a second second motion and a second final comments all those in favor say I I opposed and resolution 20249 3 is adopted and a very big thank you to Katherine for that donation uh Council [Music] presentations over here here vote yeah I got that one all right I got a few uh Oakdale fire is bringing back it's Halloween tradition this Thursday October 31st from 4:30 to 6:30 um at the South Fire Station South fire station is located at 6633 15th Street north um there will be free hot dogs candy and more all as always the vehicles you can climb around hang out with our firefighters we want to see those costumes it'll be a lot of fun um 4:30 to 6:30 p.m. I think there's a Facebook event also with the details so check out the city Facebook page it's on there as well uh in partnership with Washington County the city of Oakdale is once again hosting free pumpkin recycling through November 12th Oakdale residents may bring their old pumpkins for free disposal um and place them in the dumpster located on the north side of the city hall parking lot uh located at 1584 Headley Avenue North uh the dumpster is available 24 hours a day so please do it at your convenience all we ask is that pumpkins must be free of glitter paint wax or candles um because those aren't always compostable so um if they are good clean pumpkins toss them in there we'll take care of them for you so uh nominations for Oak deals volunteer of the year are due this Thursday October 31st each year the city recognizes an individual or group that has gone above and beyond in their efforts to get involved in the community and help others to recognize a deserving volunteer or volunteers uh complete the online form available on Oakdale mn.gov Again by Thursday October 31st the city has begun the process of up updating our zoning and subdivision codes to modernize City standards in line with bestas practices uh as well as align zoning districts with the 2040 comp plan and ensure consistency with state and federal laws uh if you would like to participate in this riveting exercise um check out our City website Oakdale am.gov the survey is available until Friday November 15th I am sure everybody is racing to their computer right now so um but no it is it is important work um as we grow as a community as um our neighborhoods change um having a a Planning and Zoning code uh that reflects current best practices is incredibly important um and it hasn't been done for a while so um please uh provide feedback we would really appreciate it this one hurts to say it is hard to believe winter parking restrictions start on Friday uh November 1st every year like clockwork um no vehicles May Park on City Streets between the hours of 12: to 5:00 a.m. or anytime snow accumulation exceeds or equal equals or exceeds 2 in until the street is cleared of snow and despite whatever myths and rumors you may hear our cops do write tickets they write a lot of them so please keep your vehicles off the streets during those times um it is for everybody's benefit so our snowplows can get through if it does snow the one caveat that every year I like to call out is of course we want people to be safe if you're going to be having a group of people at your house and you think Street or you think cars are going to need to be parked on the street overnight um we have a process available through the police department you can fill out a form online get a temporary permit it's a onetime thing um um of course we're going to always air on the side of caution and say you know what if you need to have your car out there for some reason we are going to provide that reach out to the police department go on the city website um I think it's probably just called temporary parking permit on the city website so you can just search for it on there really easy process um but if you need that please take advantage of that finally election day is one week away early voting is offered at Oakdale City Hall okay I want to get these hours right because it's a big deal um so if you want to vote at City Hall you can currently vote during business hours tomorrow and Thursday and Friday same hours City Hall will be open on Saturday and Sunday from 8:00 a.m. to 3:00 p.m. so if you want to vote then you can come on in and do that on Monday November 4th we will be open from 8 a.m. to 5:00 p.m. so you can vote then as well if you want to vote on Election Day you need to go to your assigned precinct location and you can vote from 7:00 a.m. to 8:00 p.m. I don't believe Precinct locations changed at all this year from 2 years ago so um if you have any questions on Where Your precinct location is or what you need to do to vote um go to mnvotes.org all the information is there um and please go vote um it is it is a very important thing to do and we all need to do it so uh pay the bills um claims roster October 9 through October 29 oh yeah I suppose our meeting got off a week so like that's a lot yeah uh 2.25 million in change uh council members are there any claims we wanted to pull for individual consideration I'll look for motion make a motion to approve claims as presented there's a motion is there a second second uh motion on a second all those in favor say I I opposed the bills are paid I'm not going to say what I would normally say the city clerk is staring at me uh we're going to go into close session um so guess this is the right one uh uh we're going back to the section on the agenda under City attorney this agenda item is to conduct a closed meeting with the city attorney to discuss matters protected by attorney client privilege pursuant to Minnesota statute section 13 d05 subdivision 3B relating to threat and litigation over the proposed amendments to the Oakdale Marketplace PUD I'm going to turn things over to the City attorney for brief comment uh Mr may members of the council uh it would it be appropriate to adopt the motion to words you just um read I I want to point out that the reason for doing this is I've determined that the need for confidentiality to me to give you legal advice regarding the threat and litigation outweighs the need for the public to participate in that discussion and therefore that's why I'm recommending uh that the council adopt a motion to close the meeting per the statute cited by the mayor at this time I will look for a motion to close the meeting pursuing to Minnesota statute section 13.05 subdivision 3 to discuss matters protected by attorney client privilege related to threat and litigation of the proposed amendments of the Oakdale Market PUD so moved there's a motion is there a second second there's a motion and second all those in favor say I I oppose and the October 29th 2024 meeting of the Oakdale city council is now closed uh we oh that's that