City Council Meeting - June 25, 2024

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This transcript has been formatted with speaker names based on the context provided and the dialogue within the meeting. Note: Some names in the original transcript (like "Willenbring") were not in your provided list but were explicitly named by the Mayor during the meeting; these have been retained for accuracy. [00:00:00] **Mayor Kevin Zabel:** all right we're going to go ahead and call to the meeting of the Oakdale city council June 25th 2024 Sarah will you take the role [00:00:10] **Sarah (City Clerk):** council member Severson? [00:00:12] **Council Member Gary Severson:** here [00:00:13] **Sarah (City Clerk):** council member Moore? [00:00:14] **Council Member Kari Moore:** here [00:00:15] **Sarah (City Clerk):** council member Morcomb? (No response) council member Willenbring? [00:00:17] **Council Member Willenbring:** here [00:00:18] **Sarah (City Clerk):** mayor Zabel? [00:00:19] **Mayor Kevin Zabel:** here please join me in the Pledge of Allegiance [00:00:22] **All:** I pledge allegiance to the flag of the United States of America and to the republic for which it stands one nation under God indivisible and justice for all [00:00:35] **Mayor Kevin Zabel:** first upon the agenda is the approval of the agenda we have a slightly amended version in front of us tonight council members can I have a motion [00:00:43] **Council Member Gary Severson:** so move [00:00:44] **Mayor Kevin Zabel:** there's a motion is there a second [00:00:45] **Council Member Kari Moore:** second [00:00:46] **Mayor Kevin Zabel:** motion a second any conversation all those in favor say I [00:00:49] **Council Members:** I [00:00:50] **Mayor Kevin Zabel:** opposed and the agenda is adopted next up we have approval of the minutes two sets in front of us first up Workshop meeting minutes from June 11th 2024 council members any changes or Corrections I'll look for motion [00:01:03] **Council Member Gary Severson:** so move [00:01:04] **Mayor Kevin Zabel:** there's a motion is there a second [00:01:05] **Council Member Willenbring:** second [00:01:06] **Mayor Kevin Zabel:** motion a second uh all those in favor say I [00:01:08] **Council Members:** I [00:01:09] **Mayor Kevin Zabel:** opposed and those minutes are approved next up we have regular meeting minutes from June 11th 2024 council members any changes or Corrections I'll look for a motion [00:01:18] **Council Member Kari Moore:** so moved [00:01:19] **Mayor Kevin Zabel:** there's a motion is there a second [00:01:20] **Council Member Gary Severson:** second [00:01:21] **Mayor Kevin Zabel:** motion a second all those in favor say I [00:01:23] **Council Members:** I [00:01:24] **Mayor Kevin Zabel:** opposed and those minutes are approved as well just rolling right along let's go into our public hearing section we have one on the agenda tonight uh for Companion Animal Care S Planner Luke McClanahan welcome will you walk us through this item [00:01:38] **Luke McClanahan:** yes thank you Mayor and Council so the location of this request is 1480 helmo Avenue so it's on the west side of helmo uh just south of the TLC vet hospital was literally just down the the road from us here at City Hall so the proposal is for uh or is to enable the development of a new animal impound and kennel facility there are three land use approvals that would that are required for this request and they include a conditional use permit or cup for the kennel aspect of the business a site plan to review the the request for technical conformance to the zoning code and then a planned unit development or PUD amendment to uh request flexibility from the zoning requirements and specifically flexibility is being requested for the exterior building materials requirement they want to reduce parking and to exempt the roof requirement for the trash enclosure the Zoning for this site is Northstar Mini Storage PUD where commercial uses are allowed and kennels are allowed through the conditional use permit process background details here the facility will provide animal impound services for various cities in the region it will feature 30 individual dog kennels a cat kennel room a Lobby and entrance a restroom and uh storage space property details for this one it's approximately half an acre it's a vacant site and the site is surrounded by businesses so there's TLC vet hospital again to the north and immediately to the South is the forthcoming marless Early Education Center the nearest residential property is located approximately 300 feet to the north uh on the north side of 15th Street and then there are also some residences to the east about 350 ft uh site plan details here there are two accesses that will serve the site one is through the TLC vet hospital there's an existing stub that they will be able to utilize and then there's a new access proposed on the south side of this property that will straddle this site and again the forthcoming marless there is a shared parking agreement covering the TLC vet clinic this site in marless and also there's a recorded easement agreement in place for the proposed shared access with marless the facility is proposed to be just under 2,000 square feet and as such the building does not need to be sprinkled per building code if it is determined that the building is 2,000 ft or larger or if it's expanded in the future then it will have to be properly sprinkled or have aier sprinkle system for parking 11 spaces are required by code and the request is to reduce that to allow only eight spaces and that's due to the low volume of visitors staff is amenable to the uh reduced parking due to the shared parking agreement and there is a condition of approval in the uh the resolutions that state that proof of parking will have to be provided or in other words the applicant will have to designate three additional parking spaces on their site plan and if they are needed at the discretion of the city engineer there's issues in the future then they will have to build those additional spaces for utilities and infrastructure the city engineer noted that there are a few updates needed to the site civil plans and this site is served by a shared private storm sewer and sanitary sewer that runs through the TLC vet hospital to this site staff had previously recommended a condition of approval that an association document be prepared prepared by the applicant for access to and maintenance of the shared system however after uh further review that uh we've discussed the staff and with the city attorney's office we U determined that there's no liability to the city because this is all private infrastructure so we have removed that condition of approval however staff is still suggesting recommending to the developer to prepare such an agreement or an association document and uh and doing so would just be in the best interest of the property owner recall that the developer is requesting an amendment or a deviation from the exterior building materials requirement the concept plan for the site was brought to the city council back in November of last year and discussion was held on the uh proposed exterior building materials and the council guidance from that concept or that Workshop was to allow a the same level of flexibility for exterior building materials that was given to marless the again the site immediately to the South so therefore the East elevation of this building that would be facing helmo the public facing side of the building must consist of at least 70% non-metal class one materials the elevations in the packet the council packet that you have show that the East facade appears to be just under the 70% Mark so it just have to be increased a little bit more to meet that the North and South elevations must consist of at least 30% non-metal class one and again the elevations in the packet show that there are some windows on the on those facades but additional class one materials would be needed to to meet that 30% threshold the west elevation which fronts Northstar Mini Storage has very limited visibility from the public uh that would be exempt from the class one materials requirement so in addition to the site plan requirements which I briefly just discussed there uh staff finds that the conditional use permit review criteria for the kennal aspect of the business has been met as detailed in the staff report staff recommends approval of the Pud Amendment the C conditional use permit and the site plan subject to the conditions in the resolutions and bear with me I will go go through those I'll try to summarize those as quickly as I can so I'm referring to the first one is the resolution 2024 52 so that's for the conditional use permit in the packet condition number one the applicant the developer must obtain approval of a site plan for the impound and kennel facility at this location number two the developer must obtain approval for a PUD amendment to deviate from the exterior building materials requirement reduce parking spaces and exempt the roof requirement for the trash enclosure number three developer must provide proof of parking for the three additional parking spaces number four the outdoor area the plate area that shall be cleaned daily number five barking or howling dogs shall be returned indoors immediately number six dogs must be supervised at all times when Outdoors number seven no more than four play areas with up to 12 Dogs each and one Handler per play areas are allowed in the outdoor area number eight dogs are only allowed in the outdoor play area between 6:30 a.m. and 9:00 p.m. and then number nine permits and approvals must be obtained from The Watershed district and the Minnesota Board of animal health and then moving on to the site plan resolution so this is resolution 2024 53 in the packet so I'll uh summarize these conditions as well number one obtain approval for a conditional use permit for the kennel number two obtain approval for the Pud amendment number three incorporate a minimum of 70% class one materials on the East building facade and 30% non-metal class 1 materials on the north and south building facades number four revise the trash enclosure to consist of materials consistent with the primary structure number five relocate the trash area away from the sanitary cat Basin to an area Upstream of the Basin number six update the landscape plan to include plant sizes and the plan must be certified by a licensed landscape architect number seven uh receive approval for the site civil construction plans by the city engineer number eight the developer shall install a sprinkler system if the building is determined to be over 2,000 square ft or if it is expanded in the future number nine approval must be obtained from the fire department for the proposed hydrant location locations and fire department connections number 10 a photometric plan must be provided in accordance with our zoning code number 11 permits and approvals obtained from The Watershed district and the min Minnesota Board of animal health and then the final condition there number 12 that's a late stage revision that we added to the uh the agenda um it's something that I missed but we we added it yesterday so this is a standard condition of approval that we we include on all of our site plans and we can go back many many years in this very standard condition that we add execution of a development agreement between the developer and the city uh so the Planning Commission reviewed this request at their um meeting on June 6 and they recommended approval and as a reminder this is a public hearing the applicant is here in attendance and I'd be happy to answer any questions [00:07:38] **Mayor Kevin Zabel:** thank you Luke um let's go ahead and open the public hearing and then we can Circle back if council members have any questions for Luke directly so at this time I'm going to go ahead and open the public hearing to comments from the audience if anybody would like to comment on this item on the agenda please feel free to step up to the podium state your name and address for the record comments are limited to three minutes each um and please uh step on up [00:08:03] **Britt Harman:** okay I'm Britt Harman I own and operate Companion Animal Control we've all met so to keep it short within the 3 minutes um the deviations that I'm requesting so the trash enclosure is no longer part of the plan uh TLC Vet Clinic uses just residential containers that they keep within their building and we're going to do the same so um I think it's four and five on that are no longer applicable um I had sent Luke an email but I think it was a little bit delayed for the printing off of this agenda and then the 30% class one materials and 70% we ran the numbers we are meeting the 70% um on the front of the building with the overhang that was added um the 30% really just does not make sense with the layout of the building if you look at the plan on the south side uh the whole lower half of the building is kennel runs that are completely enclosed with um wire kennels and then there's Guillotine doors that the dogs go in and out of so that they can go outside and relieve themselves when we allow them to adding Stone to that is the same issue as if we were to add it to the North Side dogs lift their legs stone is porous it holds bacteria maintains smell um it presents a real Hazard for infectious disease transmission um there's substantial windows on the North side we have two very large um glass garage door type structures that are going to be open and shut for the dogs to freely go in and outside when they're there for uh playtime I feel that in addition to that the fence that goes in front of the the whole structure um being six foot tall really kind of makes this 30% requirement on the North and South sides um unnecessary uh especially since we've done so much to improve the front of the building um and accommodate the requests of of the planning uh commission and the city planner um originally it was in the workshop Council it was just take the stone that you have on the side and move it onto the front um and now it's been all the way to the 70% and then having a third party that we're paying out of our escrow $1,000 to have them do their type of analysis and um feel like we've really played ball um and gone above and beyond to make sure that this is compliant with the requirements but it also hopefully will make sense to the use of the building so that's the short end thank you [00:10:29] **Mayor Kevin Zabel:** if there is anybody else that would like to speak on this agenda item under public hearings please feel free to step on up to the podium and share your thoughts seeing none I'm going to go ahead and close the public hearing and bring it back up for Council consideration uh council members questions for Luke let's let's go one by one and um confine questions specifically on the first one to the um ordinance change or the ordinance Amendment are there any questions on that I'll jump in I have one um oh I'm sorry no no I just share your screen so I can see the amendments in writing thank you the Amendments just go ahead just go ahead okay um so my question is pertaining to the um store or the trash enclosure so are we changing the staff recommendation now given that information because under the current um recommendation from staff I have some concerns about omitting the the roof um so my question is going to kind of depend on what we're doing here [00:11:32] **Luke McClanahan:** Mr Mayor if as the applicant stated all that the the trash is going to be completely contained indoors in that case uh I believe she's right that this the condition would be null and void in terms of having uh updates made to the ex the the trash enclosure and there's nothing that says that the the applicant has to keep or has to have an exterior trash enclosure so uh if if it's fully enclosed then there shouldn't be any issues with code I maybe that wasn't getting to your question Mayor [00:12:05] **Mayor Kevin Zabel:** uh yes and no but I I want to drill down on something you said so I I thought I just heard you saying outdoor trash enclosure is not required it is though isn't it I mean if you're going to keep trash outside maybe that's the yes yes that's the the distinction yes okay um I mean so is there any harm in leaving it in there in case something changes down the road looking at Jim all right let's go to the attorney [00:12:35] **Jim Thompson (City Attorney):** Mr Mayor Council based on the applicant's representation I think the better way to do this would be just to add a condition that says all trash must be enclosed inside that's what she's proposing okay that would be the condition and then you won't have to worry about it [00:12:51] **Mayor Kevin Zabel:** but what wouldn't that be almost implied if there's not an outdoor trash enclosure which is required under the city code [00:12:57] **Jim Thompson (City Attorney):** but I think adding it would give us you know you know rock solid enforcement ability to be explicit about it [00:13:03] **Mayor Kevin Zabel:** yeah yep okay um Luke I'm looking towards you for what to change commission uh I'm looking at condition number two and the cup Luke is that the applicable one we're talking about [00:13:14] **Luke McClanahan:** number the number actually the site plan resolution contains the yep number four and number five both pertain to the exterior trash enclosure yes [00:13:24] **Jim Thompson (City Attorney):** and I would my recommendation would be to delete four and five and add a new condition in place new four that says all trash must be stored inside the primary structure [00:13:35] **Mayor Kevin Zabel:** that what the applicant is saying it will be stored inside yes yeah whatever TLC's requirement is for their trash enclosure we're matching what their is are trash require I mean TLC is zoned differently though aren't they [00:13:50] **Luke McClanahan:** Mr Mayor TLC is under the same zoning District they are under the same PUD okay correct [00:13:58] **Mayor Kevin Zabel:** uh um okay so so was four and five you said Jim [00:14:04] **Jim Thompson (City Attorney):** yes maybe another I'm trying to maybe another way to say this is this that um um I think five has nothing to do with that right it's got five has something to do with Landscaping no five maybe a better way to say this would be that no outside trash enclosures are allowed at the site so nullify number four [00:14:26] **Mayor Kevin Zabel:** hang one second um so okay so we did the public hearing already Chris I'm going to look to you if we just table this until later in the meeting and the staff can just go and make the change to make sure the language on the conditions is correct [00:14:41] **Christina Volkers:** Mr Mayor we are glad to have for very clear on what those are I'm a little confused at this point so remove four and five change number or add a number four to what Jim [00:14:52] **Jim Thompson (City Attorney):** I would say uh no outside trash enclosures are allowed on the site [00:14:57] **Mayor Kevin Zabel:** okay and then renumber six and seven yep no longer be a five I just want to make sure we're all thank you buttoned up okay do you so do you want to just go and make that change and we'll yeah decide it in a few minutes Sarah can do it as we're talking here and then Luke can check it how about that that work for everybody I just want to make sure we all are clear on what we're doing here um I think we can go ahead and do the CUP because that's hang on one second on on point three [00:15:28] **Council Member Willenbring:** I know that the applicant just said now that they've got 70% um of the class one on the what about the on the East yeah what about the 30% how close are we on that uh city planner McClanahan [00:15:43] **Luke McClanahan:** yep 30% on the North and South so in the provided elevations that are in the packet it doesn't give the materials breakdown but there's some windows we suspect that there still needs to be additional non uh non-metal class one materials added to to meet that that 30% but we don't know what that additional amount is the percentage [00:16:04] **Mayor Kevin Zabel:** correct the north side I'm gonna ask you to hold off um got to think about how to do this we don't take comment from the audience um but let's structure that as an applicant question so maybe Miss Harman just come on up to the podium um just so people watching online can hear as well um so council member Willenbring you want to restate your question [00:16:25] **Council Member Willenbring:** so my question is how close are we to meeting the 30% class one materials on the north and south building side of the building [00:16:32] **Britt Harman:** so the north side is 20% 20.65% glass it is 11.2% premium steel if we're looking at framing Luke would have to clarify if that counts towards that and then doing some quick math here the south side is 17.73% glass and steel would be 15% so we're close yeah [00:16:54] **Council Member Willenbring:** so if the question is if premium steel counts towards the 30% or not because that would put it over the 30% right on both sides yeah that are we getting that right Luke if is that the question that [00:17:07] **Luke McClanahan:** well oh boy if I can chime in on that so the when we had the council Workshop there was also the question of what is premium steel does the metal along the building even count as premium steel and there wasn't clarification on that and there was comment about not being expertise and and materials and clarification that it's not at all a pre-fabricated building it's completely custom so I would argue that if steel is part of class one materials as it's listed and there's no detailed definition of what that includes and doesn't include the building is well above that because there's steel surrounding the building and at this point it would become does code clarify it [00:17:48] **Mayor Kevin Zabel:** no that's why we're working on the zoning right yep um so maybe I can ask the question this way so Luke if adopted as written at the 30% non-metal class one materials how would staff interpret that would staff interpret it with our guidance at the workshop to say the 17 and 15% meet the 30% threshold or would the applicant need to go back and revise and add more glass or non-metal how how is Staff planning to interpret that 30% [00:18:19] **Luke McClanahan:** 30% um U Mr Mayor so we would uh you know it's not an individual decision it's by code is through the development Review Committee and that's we would you know we have most of the members here in the in uh in the room but uh uh we would have to open up that discussion Mr Mayor but yes we would take the the city council's uh input from the the November Workshop into account and [00:18:48] **Council Member Kari Moore:** and I thought I you know I'm not young anymore but I do have some recollection that this did come up and was discussed now you know I'm not sharp enough to remember exactly how the conversation ended but I know that the applicant did specifically ask about this at the workshop and it came up I don't remember what the answer was but you know it it was discussed [00:19:08] **Mayor Kevin Zabel:** Council I I would agree with you I know it came up um the thing that I'm questioning or struggling with is is you know our conversation last November really hinged on a building that was 50% larger than what's being proposed now I think that conversation has changed um you know when we talk about amounts of materials you know it is obviously for that aesthetic well we're talking about a much smaller building I'm not personally I'm not convinced that what we said in November necessarily holds anymore because the project has changed so much from our conversation eight months ago [00:19:43] **Council Member Gary Severson:** I agree with you Mr Mayor because I'm looking back at our packet from November 28th and I'm trying to get a gauge of what's all changed here um you know as far as myself goes I'm you know I I feel like we're doing too much on the Fly here you know I would almost like if it's okay with the other council member maybe bring this up at the next uh council meeting and between now and then kind of hash out some of these details um convene that uh meeting um get a definitive answer on on what the percentage is and and then come back and report back to at that time I just feel there's a lot of uncertainty here [00:20:28] **Council Member Kari Moore:** I thought I thought you were gonna say something jump in don't have to I I just thought I do I just don't know how to put it because as as the applicant said what material would you like her to use on that part of the building that that is that works because what is currently stating is not going to work [00:20:47] **Luke McClanahan:** Council Member I can I can uh address that one so um the development Review Committee previous interpretations has been non-metal for class one so the building is already predominantly metal it needs to be another non-metal material so it could be um as an example the brick that is on the front of the building that could be uh across the band horizontally it could be vertically it just needs to get it up from the current percentage it's at that's below 30% just counting the glass to meet that 30% threshold and um if they submitted it again we would be consistent on that approach that um it would need to be a non-metal class one material to get up to to the 30% [00:21:31] **Mayor Kevin Zabel:** Mr. hang on um Andy can you clarify so when we talked about this in November was the standard always 70% all the way around I remember we compromised on something and said okay you don't need it on the back side you know because that's 694 if you want to put it on the front what what does the current city code require on all sides is it 70% all the way around and that's how we got down to the 30% [00:21:54] **Luke McClanahan:** yes that's that's correct 70% all the way around and the exceptions were made because the um the West End faces the freeway um no one will see it and then that the um front of the building is the most visible facade from from you know our roadway um out front [00:22:12] **Council Member Gary Severson:** okay uh Ring um just a quick question so so we we've had this situation arise on other buildings is that mean that's kind of how it sounded is that accurate where on the on the steel not being considered class one [00:22:26] **Luke McClanahan:** I we've had situations where it's been uh unclear in the past hopefully something that our zoning code update project will provide provide some more clarity on we also have other language in the zoning ordinance that speaks to no um pre-manufactured metal buildings so I think it's the aesthetic of of a building being completely metal is laid out in the code elsewhere but yeah we do have um you know examples of reviewing architecture in the past [00:22:53] **Council Member Gary Severson:** okay and the reason I asked him just just just to kind of blanket make a blanket statement about where I'm at on this I want to make sure that if we've had this arise previously whatever we decide is consistent with what we've decided in the past that's I would you know [00:23:09] **Mayor Kevin Zabel:** Council Member following to your point I would say in my eight years I don't think we've ever made a concession dropping it down to 30% like this um I can't recall in my six we haven't yeah I can't think of a single time when we've already dropped it that much which based [00:23:25] **Council Member Willenbring:** we do that for the child care center sorry to interrupt [00:23:28] **Mayor Kevin Zabel:** no um not to that extent yeah no I think they're higher than this Andy Luke [00:23:33] **Luke McClanahan:** so the marless site they were allowed with through the PUD amendment to have 70% class one on the East Elevation and then the 30% class one on the North and South elevations now um the the remaining materials that um compose the building or comprise the building is U I believe it's ephas or kind of Stucco type material sort or a class what we consider a class two exterior Building Material [00:23:59] **Mayor Kevin Zabel:** okay 70/30 character you know for me personally I'm I'm less inclined to count the premium steel towards the 30% non-metal I I think we've already made significant concessions that are reasonable um I think it's a fair standard to what we've held marless or the the adjacent property to as well um so personally I wouldn't support calculating premium steel into the 30% calculation [00:24:26] **Council Member Willenbring:** I guess for me it's is what could for the usage of the building and where the dogs are going to be I totally understand what she's saying where the dogs are going to be urinating on the building my dogs have urinated on the building it's normal for dogs so what other class one material could be used to make up the difference that wouldn't be a waste of money and get ruined that's that's kind of what I'm getting at is if we if we need to get up to 30% how do we get to that 30% where it matches with the usage of the building [00:24:55] **Mayor Kevin Zabel:** to that I would just I would caution us a little bit and say you know in terms of our zoning code we look at it in terms of land use and a broad category of uses not tailoring it to a specific [00:25:05] **Council Member Willenbring:** understand but there's nothing saying we can't be flexible for the usage and I think we have by dropping it from 70 to 30 [00:25:12] **Mayor Kevin Zabel:** agreed but then let's help let's figure out what can we do to push that over the edge what material could she use that's you know that will work [00:25:20] **Luke McClanahan:** so council member the various class one materials that that uh fall under our code are brick stone architectural pre-cast um uh and besides just using different types of class one materials that you could get really creative here that that's where the architect would come in handy um if the class one is is higher up on the building as opposed to being lower down on the building where the dogs are it could be windows to the ground it could be yeah [00:25:49] **Council Member Willenbring:** um she could glue a whole brick just a line of brick on top on the building then to meet that I mean I I just feel like this is a little bit I mean we can be flexible I I understand the 70/30 but if it's if it's a waste of money and it's going to cost them money to replace it because it's porous and it gets ruined why are we doing it we can be flexible I understand we're a city we have codes we have zoning we have all that but we can be slightly flexible because of the usage is what I'm saying yes please council member Willenbring [00:26:22] **Christina Volkers:** city council I think clear um what what staff are trying to say is is yes I think we should be flexible on where it is the 30% the the class one material doesn't have to be down which is what Luke's saying down where the dogs would urinate it could be anywhere on the backside to get up to the 30% [00:26:41] **Council Member Willenbring:** agreed it could be anywhere so it could be the premium steel at the ground level where the dogs are and more windows up above or something else [00:26:48] **Mayor Kevin Zabel:** so it sounds like it could be a cosmetic design that that could help alleviate this then is it that's what I understand um so so how do we go about clarifying the 30% non-metal standard for the development Review Committee or is it clear [00:27:03] **Luke McClanahan:** so Mr Mayor I should say that what is the vehicle for our decision you as a city council can certainly override anything that the DRC uh your interpretation is trump ours [00:27:14] **Mayor Kevin Zabel:** I understand that but what I'm saying is as written is does the conditions as listed in the resolution reflect the drc's opinion that premium steel would not meet the 30% threshold because that's not spelled out in here I just want to make sure we're all on the same page yes is that what the DR— that's a good clarification mayor it's it's a yes or no question there we go okay um uh so I personally would propose on three to remove that 20 or the 30% and say as presented that's my proposal as currently presented [00:27:54] **Council Member Gary Severson:** okay I I would respectfully oppose that [00:27:58] **Mayor Kevin Zabel:** sure you would and Jim you look like you had [00:28:01] **Jim Thompson (City Attorney):** well Mr Mayor uh Here's my thought uh I think the first thing you're going to want to look at is the ordinance that's first thing that's first okay and that ordinance addresses the 30% on the north and south side and also uh talks about eliminating the roof structure so if you put that ordinance on the floor and get a motion seconded we can we can amend it however you you want to okay but I think you should start with the ordinance then the cup then the site plan because that's the higher level of if they don't get the rezoning they're not going to get the CUP or the site plan the rest is moot point [00:28:41] **Mayor Kevin Zabel:** okay right right all right so let's go ahead and get that first recommendation on the floor and then we can work from there who wants to make the first recommendation are we still are we yep just start ordinance 927 [00:28:57] **Council Member Gary Severson:** okay I'll make a motion to wave reading and adopt ordinance number 927 approving an amendment to the Northstar Mini Storage plan unit development [00:29:05] **Mayor Kevin Zabel:** there's a motion is there a second [00:29:06] **Council Member Kari Moore:** second [00:29:07] **Mayor Kevin Zabel:** uh conversation all right so let's tackle the change on four and five since it sounds like we're all on the same page there the trash enclosure okay [00:29:16] **Jim Thompson (City Attorney):** Mr Mayor four and five are not in this ordinance four and five are in the CUP are in the CUP so I think you should pull up that'll be the next one right so I think in the ordinance the last phrase says and eliminating the requirement for a roof structure for the trash enclosure that language doesn't need to be there anymore because there isn't going to be a trash enclosure so uh perhaps you can get a motion to amend to delete that [00:29:43] **Council Member Willenbring:** all right I'll make a motion to amend uh ordinance number 927 eliminate everything after class one material requirement and inserting a period [00:29:55] **Mayor Kevin Zabel:** everybody following that so we're eliminating or we're removing and eliminating the requirement for roof structure for the trash enclosure uh there's a motion is there a second [00:30:05] **Council Member Gary Severson:** second [00:30:06] **Mayor Kevin Zabel:** motion a second any questions or comments about what we're doing here we're just going to make this the trash Amendment and then we can go back to the building materials question [00:30:13] **Council Member Willenbring:** well it's in here though yep well so we're just gonna be voting on removing the trash language right now yep right now yeah okay [00:30:21] **Council Member Kari Moore:** by the way Jim um was it at your recommendation that we put in language where the uh we should say the trash is uh to be kept inside [00:30:30] **Jim Thompson (City Attorney):** let's wait for the CUP and the site plan [00:30:33] **Mayor Kevin Zabel:** got any final questions on what we're doing okay all those in favor say I [00:30:36] **Council Members:** I [00:30:37] **Mayor Kevin Zabel:** all those opposed the amendment is adopted okay so we have the ordinance as amended now let's [00:30:44] **Council Member Willenbring:** so then I would say I make an amendment to ordinance 927 to remove right am I right to remove to remove the 30% um on the north and south facades of the facility what what do you want the what would you want the language to say I would say as presented currently uh as presented in the staff report I think that's the challenge like [00:31:07] **Jim Thompson (City Attorney):** well right now didn't we just approve the ordinance as is yeah Mr Mayor so as as the current ordinance stands all right what you are doing is granting a PUD approving the Pud and granting A variation so that the North and South facades do not have to have 70% they of class one material they only have to have 30% correct that's that's what's before you so if somebody wants to amend that you can make a motion to amend it [00:31:38] **Mayor Kevin Zabel:** that's that's what's before you so we're really talking about the deviation to the 70% right the suggestion is deviate to 30 you can change that to yeah less none less well it's I have to have a number okay well and I believe the applicant has those numbers yeah she already gave us a number but I don't recall what they were without the um Steel part of in there [00:32:02] **Britt Harman:** 20.6 and 17 [00:32:05] **Mayor Kevin Zabel:** okay uh so we're at 20 I think this is on the front this 17 on the sides North is 20% glass and South is almost 18 so could round both up to 20 and I'll add another window [00:32:19] **Mayor Kevin Zabel:** okay so council member Willenbring moves to amend ordinance 927 changing the number 30% to 20% on the North and South facades that is correct uh there's a motion is there second (silence) motion fails due to a lack of a second um so we have the ordinance as amended removing the trash council members are there are there any feelings that there's additional changes that should be made if so what wide open wide open floor this no not more [00:32:55] **Council Member Kari Moore:** okay Noah do you is there anything you wanted to change nope not on the ordinance [00:33:02] **Mayor Kevin Zabel:** oh okay so we have on the floor uh the ordinance as amended um Jim we don't have to take a motion for as Amendment since we already adopted the amendment right just final passage [00:33:12] **Jim Thompson (City Attorney):** just need to vote okay [00:33:14] **Mayor Kevin Zabel:** um all the uh final comments General comments anybody this is this is for the the ordinance this is the ordinance with the only change being eliminating uh the trash enclosure and the 30 uh 30% State okay uh all those in favor say I [00:33:31] **Council Members:** I [00:33:32] **Mayor Kevin Zabel:** opposed and ordinance 927 is adopted as amended uh next up we have the CUP uh Luke is there a staff presentation associated with that or did we cover everything [00:33:43] **Luke McClanahan:** Mr Mayor I I covered the okay [00:33:46] **Mayor Kevin Zabel:** CUP um they plan uh let's get a motion and then we can um go through conversation so can I get a motion on second recommendation [00:33:55] **Council Member Gary Severson:** I'll make a motion to wave reading and adopt resolution 2024 52 approving a conditional use permit for a kennel at 1480 helmo Avenue North with conditions included in the attached resolution [00:34:07] **Mayor Kevin Zabel:** there's a motion is there a second [00:34:08] **Council Member Kari Moore:** second [00:34:09] **Mayor Kevin Zabel:** oh sorry I would have seconded it second we got it all right second by Council Member Moore conversation um Jim did we have any changes to the conditions on these [00:34:23] **Jim Thompson (City Attorney):** yeah I think Mr Mayor one thing just I'm maybe you I missed it but is the public hearing been closed okay y yes so on this one um if you look at condition number two on So the condition of obtaining the CUP is obtained approval for a plan unit development amendment to deviate from exterior building materials requirements reduce parking spaces and exclude the roof requirement for the trash enclosure I think you can delete that last phrase and exclude the roof requirement for the trash enclosure [00:34:56] **Council Member Gary Severson:** all right I'll make a motion to amend condition two on the uh on resolution 2024-52 deleting the words and exclude the roof requirement for the trash enclosure [00:35:07] **Council Member Kari Moore:** I second [00:35:08] **Mayor Kevin Zabel:** motion a second all those in favor say I [00:35:10] **Council Members:** I [00:35:11] **Mayor Kevin Zabel:** opposed and the amendment is adopted uh back to resolution 2024-52 as amended uh council members any other changes any final comments all those in favor say I [00:35:22] **Council Members:** I [00:35:23] **Mayor Kevin Zabel:** opposed and the CUP is approved finally we have approving site plan for animal impound um let me get down to that resolution all right uh let's get the motion in the second [00:35:46] **Council Member Gary Severson:** I'll make a motion to wave reading and adopt resolution 2024 53 approving the site plan for an animal impound and kennel facility at 1480 helmo Avenue North with conditions included in the attached resolution [00:35:59] **Mayor Kevin Zabel:** there's a motion is there a second [00:36:00] **Council Member Kari Moore:** second [00:36:01] **Council Member Willenbring:** damn this one says trash enclosure too then we can make an amendment now so I'd like to make an amendment to [00:36:08] **Council Member Gary Severson:** no no I'm sorry go ahead [00:36:10] **Council Member Kari Moore:** oh I was going to say I would like to make an amendment to remove item five um of the conditions uh where it states relocate the trash enclosure area away from the sanitary catch Basin an area that is Upstream of the catch Basin and four too and item number four the revise the trash enclosure to consist of materials that are the same as the primary structure and the language in two and exclude the roof requirement for the trash [00:36:34] **Council Member Gary Severson:** and the language in two where it talks about and exclude the roof requirements for the trash enclosure [00:36:39] **Mayor Kevin Zabel:** okay so we have an amendment um amending number two and deleting condition four and five there's a mo— a motion is there a second [00:36:48] **Council Member Kari Moore:** second [00:36:49] **Mayor Kevin Zabel:** motion a second all those in favor say I [00:36:51] **Council Members:** I [00:36:52] **Mayor Kevin Zabel:** opposed and the amendment is adopted so we're back to 2024-53 as amended um final comments [00:37:01] **Jim Thompson (City Attorney):** I think now you want to add a condition that says no outside trash enclosures allowed on the on the site [00:37:07] **Council Member Gary Severson:** all right I will make a motion to add uh yeah I will make a motion to amend resolution 2024-53 Jim give me the language again [00:37:16] **Jim Thompson (City Attorney):** uh no outside trash enclosure is allowed on the site [00:37:21] **Mayor Kevin Zabel:** is that sound is enclosure the right length right word or trash [00:37:25] **Luke McClanahan:** yes collection container container I believe the zoning code uses trash enclosure [00:37:31] **Mayor Kevin Zabel:** okay all right so there is a motion to amend 2024-53 um adding a condition prohibiting trash enclosures outside of the building can I get a second [00:37:41] **Council Member Kari Moore:** a second [00:37:42] **Mayor Kevin Zabel:** motion of a second although those in favor say I [00:37:44] **Council Members:** I [00:37:45] **Mayor Kevin Zabel:** oppose and that amendment is adopted as well um final comments the only comment I'm going to make is with regard to the sprinkler system um you know we've had information that obviously a sprinkler system is not required by state law because or by the State Building Code because it is under 2,000 feet um personally I find it incredibly Troublesome that the developer is choosing not to put in a sprinkler system in a building AC— an IO building that will be housing animals um and people and employees working there um whether it's required by the State Building Code or not I think there are certain topics in terms of development that should just never be non-negotiable and I think safety is absolutely at the top of that list so um for that reason and others I'll be voting against the site plan for this project uh any other council members want to make comments uh we have just to recap for everybody we have resolution 2024 53 as amended in front of us there's been motions and seconds all those in favor say I [00:38:52] **Council Members:** I [00:38:53] **Mayor Kevin Zabel:** uh all those opposed [00:38:54] **Council Member Willenbring:** nay [00:38:55] **Mayor Kevin Zabel:** and the site plan is approved as amended next up is open Forum this is an opportunity for for anybody who would like to share uh information or share any topic on your mind please feel free to step up to the podium um similar rules to public hearing we ask that you keep comments to 3 minutes uh and please Begin by stating your name and address for the record if there's anybody that would like to speak under open Forum please feel free to do so seeing none we're going to keep things moving and move on to consensus motions in front of us we have A through I uh were there any that council members would like to pull for individual consideration [00:39:35] **Council Member Gary Severson:** sorry I'm just reading this quick I don't remember if I had one or not I don't [00:39:41] **Mayor Kevin Zabel:** no I'll look for motion [00:39:42] **Council Member Willenbring:** I'll make a motion to approve consensus motions A through I as presented [00:39:46] **Mayor Kevin Zabel:** there's a motion is there a second [00:39:47] **Council Member Kari Moore:** second [00:39:48] **Mayor Kevin Zabel:** motion of a second all those in favor say I [00:39:50] **Council Members:** I [00:39:51] **Mayor Kevin Zabel:** opposed A through I are approved as presented next is our opportunity to check in with our advisory boards and commissions give me one second uh the first one that met was the uh actually we're going to do Council member Severson first Planning Commission met but you weren't at our you weren't with us at our last meeting so uh if they have an update please feel free [00:40:15] **Council Member Gary Severson:** well both uh both items heard at that meeting are on the agenda here tonight so nothing nothing spectacular [00:40:22] **Mayor Kevin Zabel:** uh well it's going to be covered right yep all right uh Environmental Management commission met on June 17th um council member Morcomb covered that for me as I could not be there um and he's not here tonight to speak about it so I'll just pull up their agenda real quick let's see what they talked about um they continued their work on the 2025 Eco-Fair more information for residents coming on that so keep an eye out for that um they also received an update on the park system Plan update that I think most of our commissions are working on so they're all going to be involved as well as the city council and the public so that's um an exciting project that's coming down the pipe um and then they had the no they did their training already so um yeah is a group for them but um very important things and then tree board council member Willenbring [00:41:15] **Council Member Willenbring:** yeah so quickly they had their advisory body training and they also discussed the Oakdale zoning code update project and also the Buckthorn removal event was discussed and improvements possibly needed for the tree track at the Oakdale Park Reserve I believe those were all topics that came up during our annual meeting with them too so it's nice to hear that they're still thinking about that working on that stuff so [00:41:40] **Mayor Kevin Zabel:** all right no word bids tonight so we'll move into staff reports we have one item from Community Development Luke is back welcome Luke [00:41:49] **Luke McClanahan:** thank you Mayor hopefully this is the last time I'll be on presentation so the location of this site is 6520 49th Street North it's at the Northeast quadrant of Granada Avenue and 50th Street the zoning of the site is R2 where second garages are allowed through the conditional use permit process and that's exactly what the applicant is requesting here to construct a second Garage on their property the garage is planned to be uh approximately 384 Square ft in size the property itself is approximately a quarter of an acre and it contains a single family home and an existing attached garage so based on the site plan provided setback requirements for the garage would be met after reviewing this conditional use permit staff finds that it meets the ordinance review criteria as detailed in the staff report on file staff recommends approval other requests subject to the following conditions and I'm referring to resolution 2024 51 in the packet first condition is that the garage shall meet setback and height requirements number two the garage shall not exceed 400 ft in size number three a building permit must be obtained number four a driveway permit must be obtained for the expansion of the driveway uh the Planning Commission held a public hearing uh for this request on June 6 and they recommended approval and with that I'd be happy to answer any questions [00:43:16] **Mayor Kevin Zabel:** thank you council members seems pretty straightforward but are there any questions for Luke all right I'll look for a motion [00:43:24] **Council Member Gary Severson:** I'll make a motion to wave reading and adopt resolution 2024-51 approving a CUP for a second garage at 6520 49th Street North with conditions included in the attached resolution [00:43:36] **Mayor Kevin Zabel:** there's a motion is there second [00:43:37] **Council Member Kari Moore:** second [00:43:38] **Mayor Kevin Zabel:** motion second final comments all those in favor say I [00:43:41] **Council Members:** I [00:43:42] **Mayor Kevin Zabel:** opposed and that CUP is approved thank you Luke uh next is our time to check in with our City attorney Mr Thompson [00:43:50] **Jim Thompson (City Attorney):** Mr Mayor members of Council nothing specific to report but happy to answer questions [00:43:55] **Mayor Kevin Zabel:** council members any questions for Jim all righty let's check in with our city administrator Miss Volkers [00:44:03] **Christina Volkers:** hi Mayor Council I have nothing to report [00:44:06] **Mayor Kevin Zabel:** nothing come on all right uh council members any questions for Chris nope all right Council presentations Jake anything nothing how about over here Council presentations all right I got a bunch first and foremost it's Summerfest week um we are so excited for our community celebration taking place the bulk of the activities Thursday Friday Saturday uh the Oakdale chamber had their golf tournament yesterday beautiful weather for that um you played in it didn't you [00:44:40] **Council Member Kari Moore:** yeah I should have mentioned it [00:44:41] **Mayor Kevin Zabel:** how'd you do [00:44:42] **Council Member Kari Moore:** uh we won [00:44:43] **Mayor Kevin Zabel:** nice congratulations who was on your team [00:44:46] **Council Member Kari Moore:** uh I I tried to get the three best Saturday morning men's league players at Oak Marsh [00:44:51] **Mayor Kevin Zabel:** wow okay so he cheated got it so nobody you know all right well congratulations uh also congratulations to the Oakdale chamber they always uh put on a wonderful event it was it was a great event so um we also have the or they the Summerfest group has The Medallion hunt going on started yesterday um Clues drop every day at 8: a.m. on the Oakdale summerfest.com web page um the clues are hard this year I have no idea where it is so um but I'm not eligible to find it anyways so if you are interested in taking part in The Medallion hunt go to Oakdale summerfest.com 8: a.m. each day um and get out there and hunt the prize is $500 so pretty sweet prize if you find it um and as soon as The Medallion Hunt is found they will update the website um and post the explanations of the clues if you're interested what they all mean um Thursday big day uh Ted Bearth Grand parade starts at 6 PM up and down 15th street from Transfiguration Church uh to City Hall here at 15th and Hadley always a always a fun time I think we have what 62 units in the parade tons of candy tons of fun it's going to be beautiful weather come on out and join us um our Grand Marshal this year is Bill Burns he was our city um volunteer of the year last year he's been involved with countless charities in our community um including the Oakdale chamber uh Carol Ma's child care open cupboard um very well-deserved honor for him and then after the parade pop on by Walton Park there'll be a few things going on there um you can hang out with the city council see our city staff um there's going to be live music uh a free concert by Mojo Monks in the Bandshell I think that starts I'm going to look at Lori 7 P.M is yeah it's usually like right after the parade so 7 PM free concert starts so come on down Friday there is a ton going on it kind of starts off with the community picnic um always a fun time hosted by the Oakdale chamber and local businesses that will be taking place at Fire Station 2 on 15th street here um from 11:00 a.m. to 1:00 p.m. so come on down free lunch always a super fun time then after that um walk on over to Walton Park we will have kids activities taking place out there including Inflatables sustainable Safari is going to be out there so you can hang out with some of the animals third layer skateboard contest is that afternoon um there's fun for the adults too with the marketplace food trucks vendors and the beer garden hosted by the Maplewood Oakdale Lions Club um stay for a free concert that evening by Buffalo Alice they are back again this year we are excited to have them back they were fantastic last year um so come on down Friday the fun wraps up on Saturday it starts bright and early with the Nature Preserve 5K if you did not get signed up and still want to take part just come on out they do same day registration that morning um and t-shirts you can get the T-shirt as long as supplies last so come on out at the Discovery Center 4444 Hadley Avenue North uh around noon things kick off in Walton Park uh the recreation team from the city here will be out there with the truck we have the Little Blues traveling Zoo out there um as I said Marketplace food trucks vendors that afternoon there's a pop-up Splash Pad hosted by the recreation department and the fire department um so come on out have fun with that the Teddy Bear Band will be playing in the Bandshell more Inflatables the Safari will be back the Lions Club is hosting a coloring contest and it all caps off with an awesome concert by Free and Easy they are in the Band Shell back again this year and our Oakdale 50th Anniversary fireworks spectacular at 10 p.m. over the ball field at Walton Park um if you want all of this information the full schedule if you want to check out who's sponsoring the event this year go to the website Oakdale summerfest.com finally a very big thank you to the Oakdale Summerfest Community organization um not a lot of people know this but six people yeah um put this whole thing together this is the second year they've done it um these people bleed Oakdale green they put an immense amount of work into uh making Summerfest successful every year they should be commended for it they should be thanked for it they are doing a fantastic job they work with our city staff I'm going to say probably daily it seems like they're reaching out to make sure that we're putting on a safe and a fun event for everybody um so we are looking forward on behalf of the entire city council we are looking forward to seeing you out there at Summerfest it's going to be a good time um few more things to plug uh Oakdale Acorn award if you have some beautiful gardens in your neighborhood please go ahead and nominate them for the Oakdale Acorn award um it can be Residential Properties businesses even public spaces like churches are always um welcome to be nominated we have the nomination form real short form on the city's website oakdale.gov we are accepting nominations until June 30th and believe it or not next week is the 4th of July hard to believe city offices will be closed on Thursday for Independence Day got to pay the bills we have a claims roster in front of us for June 12th through June 25th 2024 and the amount of 1.3 million in change council members can I get a motion [00:49:50] **Council Member Gary Severson:** I'll make a motion to approve claims as presented [00:49:53] **Mayor Kevin Zabel:** there's a motion is there second [00:49:54] **Council Member Kari Moore:** second [00:49:55] **Mayor Kevin Zabel:** motion a second final comments all those in favor say I [00:49:58] **Council Members:** I [00:49:59] **Mayor Kevin Zabel:** opposed we can keep the lights on for another two weeks uh can I get a motion to adjourn [00:50:04] **Council Member Kari Moore:** moved [00:50:05] **Mayor Kevin Zabel:** there's a motion is there a second [00:50:06] **Council Member Gary Severson:** second [00:50:07] **Mayor Kevin Zabel:** motion a second all those in favor say I [00:50:09] **Council Members:** I [00:50:10] **Mayor Kevin Zabel:** opposed we are adjourned thank you and good night