City Council Meeting- October 10, 2023
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**[00:00] Mayor Kevin Zabel:** All righty. Oh, my TV’s not on. All right, we’re going to go ahead and call to order the Oakdale City Council meeting for October 10th, 2023. Sarah, will you take the roll?
**[00:15] Sarah (City Clerk):** Council Member Her?
**[00:16] Council Member Noah Her:** Present.
**[00:17] Sarah (City Clerk):** Council Member Severson?
**[00:18] Council Member Gary Severson:** Here.
**[00:19] Sarah (City Clerk):** Council Member Morcomb?
**[00:20] Council Member Andy Morcomb:** Here.
**[00:21] Sarah (City Clerk):** Council Member Wrich?
**[00:22] Council Member Katie Wrich:** Here.
**[00:23] Sarah (City Clerk):** Mayor Zabel?
**[00:24] Mayor Kevin Zabel:** Here. Please join me in the Pledge of Allegiance.
**[00:26] 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, with liberty and justice for all.
**[00:40] Mayor Kevin Zabel:** Council members, in front of us we have a slightly amended agenda. What do we got on there? One additional consensus item. Council members, can I have a motion to approve the agenda as amended?
**[00:45] Council Member Andy Morcomb:** Moved.
**[00:46] Mayor Kevin Zabel:** There’s a motion. Is there a second?
**[00:47] Council Member Noah Her:** Second.
**[00:48] Mayor Kevin Zabel:** Motion and a second. Any comments? All those in favor say aye.
**[00:50] All Council Members:** Aye.
**[00:51] Mayor Kevin Zabel:** Opposed? And that agenda is approved. Next up we have approval of minutes. We got two sets tonight. First up, Workshop minutes from September 26th. Council members, any changes or corrections? I’ll look for a motion.
**[01:00] Council Member Noah Her:** So moved.
**[01:01] Mayor Kevin Zabel:** There’s a motion. Is there a second?
**[01:02] Council Member Andy Morcomb:** Second.
**[01:03] Mayor Kevin Zabel:** Motion and second. Final comments? All those in favor say aye.
**[01:05] All Council Members:** Aye.
**[01:06] Mayor Kevin Zabel:** Opposed? And those minutes are approved. Next we have regular meeting minutes from September 26th. Any changes or corrections? Look for a motion.
**[01:10] Council Member Noah Her:** So moved.
**[01:11] Mayor Kevin Zabel:** There’s a motion. Is there a second?
**[01:12] Council Member Gary Severson:** Second.
**[01:13] Mayor Kevin Zabel:** Motion and a second. Final comments? All those in favor say aye.
**[01:15] All Council Members:** Aye.
**[01:16] Mayor Kevin Zabel:** Opposed? And those minutes are approved as well. No public hearings tonight; that’s good. Next up is Open Forum. This is an opportunity for anybody in the audience to share with us whatever’s on their mind. Before we get to that, we got two proclamations and a business recognition item. First up was a proclamation the city issued recognizing Burns Insurance Agency for their 10th anniversary doing business here in the community. They had an event on the 4th... what's the last Monday? Monday, yeah... Tuesday, sure. Yeah, we’ll go with that. It was a fun time either way. But it was nice to get out there and chat with Bill Burns. You know, all of us here at the city are quite familiar with Bill; he chairs our Economic Development Commission, he’s very involved with the Oakdale Chamber of Commerce. So it was a really nice opportunity to go out there and recognize his business. So congratulations to Burns Insurance Agency.
We also have two proclamations tonight. I’m going to flip the order here just because we have guests to accept the first proclamation. So we’ll start with a proclamation recognizing Domestic Violence Awareness Month. Whereas the crime of domestic violence violates an individual’s privacy, dignity, security, and humanity due to the systematic use of physical, emotional, sexual, and psychological and economic control and/or abuse... [Mayor reads full proclamation] ...Therefore, I, Kevin Zabel, Mayor of Oakdale, Minnesota, do hereby proclaim the month of October as Domestic Violence Awareness Month in the city of Oakdale.
We also have a proclamation tonight regarding Dyslexia Awareness Month. Whereas dyslexia is a language-based learning disability that affects approximately one in five people regardless of race, gender, age, or socioeconomic status... [Mayor reads full proclamation] ...Therefore, I, Kevin Zabel, Mayor of Oakdale, Minnesota, do hereby proclaim October as Dyslexia Awareness Month in the city of Oakdale.
We are joined tonight by three individuals here to accept the proclamation: three individuals from the Minnesota chapter of the national nonprofit Decoding Dyslexia: Executive Director MJ Bauer, their Partners for Parents Coordinator Kia Knox Banki, and board member and Oakdale resident Rachel Peterson. If you would like to join me upfront, we'll bring the Council down, you can accept the proclamation.
**[05:30] MJ Bauer:** Can I just take a moment? Absolutely, please feel free. Thank you, Mayor Zabel, I appreciate it, and I appreciate all of the council members. As we read, I’m the executive director for Decoding Dyslexia. Many of you may have a child or a family member who has dyslexia; one in five children do. And the work that has been done in Minnesota is amazing, and two of our key players—a member of our board of directors and a member of our staff—were very key players in helping this year to pass an enormously important bill in the legislature called the READ Act. So we appreciate this recognition and we appreciate the work that residents of Oakdale are doing as it relates to this particular cause. So thank you very much.
**[06:20] Mayor Kevin Zabel:** Thank you. [Photo taken] Council members, count of three. One, two, three. One, two, three. One, two, three. Thank you.
We are still under Open Forum time, so if there’s anybody in the audience that would like to share anything that’s on their mind, please feel free to step on up to the podium. All we ask is you state your name and address for the record and then share whatever’s on your mind. Seeing none, we’re going to keep things going and move on to consensus motions. Council members, in front of us we have A through G. Are there any that council members would like to pull for individual consideration? Hearing none, I’ll look for a motion.
**[07:10] Council Member Noah Her:** Make a motion—go ahead.
**[07:11] Council Member Andy Morcomb:** Make a motion to approve consensus motions A through G as presented.
**[07:14] Mayor Kevin Zabel:** There’s a motion. Is there a second?
**[07:15] Council Member Gary Severson:** Second.
**[07:16] Mayor Kevin Zabel:** Motion and a second. Final comments? All those in favor say aye.
**[07:18] All Council Members:** Aye.
**[07:19] Mayor Kevin Zabel:** Opposed? Consensus motions are approved. Next up is our opportunity to check in with our advisory boards and commissions. First up is the Economic Development Commission. Council Member Her is their liaison, and they met last week.
**[07:30] Council Member Noah Her:** Yeah, you know, it was a great group. Bill had the night off; he was celebrating his 10-year anniversary or his work anniversary. So Dave stepped in. And yeah, Max went through the BRE—the business retention report that Kim O’Brien had put out. And then they also covered the commission work plan for the next year. So, good conversations all around and I think they’re ready to get working in 2024.
**[08:00] Mayor Kevin Zabel:** So they’re going to be busy?
**[08:01] Council Member Noah Her:** Yes, they are.
**[08:02] Mayor Kevin Zabel:** Good deal. Thank you, Noah. The only other commission that met was the Planning Commission. Council Member Severson?
**[08:08] Council Member Gary Severson:** Planning Commission heard a CUP Amendment for Twin City Towing. The Planning Commission, I believe, voted 5 to 1 to deny the application. That should be it.
**[08:18] Mayor Kevin Zabel:** All righty, thank you. Moving on, Award of Bid—nothing. Staff reports: Community Development. We got two items. Community Development Director Gitzlaff is here to walk us through the first one: Forefront Commercial Property Site Plan Amendment. Take it away, Andy.
**[08:35] Andrew Gitzlaff (Community Development Director):** Yes, good evening Mayor, Council. Queuing up a short presentation for these next two items for you. All right, thank you for your patience. So the item before you this evening is for the Forefront Commercial Property, a site plan amendment for their commercial site located just north of County Road 14 and just to the west of High Point Drive... [Andy presents the 12 conditions and site plan details]. I'm happy to take any questions; as mentioned, the applicant is also here if you have any questions for the applicant.
**[11:55] Mayor Kevin Zabel:** Thank you, Andy. Council members, any questions for staff right off the bat or the applicant? All right, let’s get after it. I’ll look for a motion.
**[12:05] Council Member Andy Morcomb:** I’ll make a motion to wave reading and adopt Resolution 2023-102 approving the amended site plan for the Forefront Commercial Property with conditions included in the attached resolution.
**[12:15] Mayor Kevin Zabel:** There’s a motion. Is there a second?
**[12:16] Council Member Gary Severson:** Second.
**[12:17] Mayor Kevin Zabel:** Motion and a second. Final comments? All those in favor say aye.
**[12:20] All Council Members:** Aye.
**[12:21] Mayor Kevin Zabel:** Opposed? That plan amendment is approved. Go forth and build. There we go. Mr. Gitzlaff, you're taking the next one as well?
**[12:30] Andrew Gitzlaff (Community Development Director):** Yes, absolutely. So I’ll take this item. This is for the purchase of a restroom facility for Romtec Inc. in a total amount not to exceed $129,800 through the Sourcewell Cooperative purchasing agreement for City Project 2023-04 Willowbrook Commons Park... [Andy presents building details and project financing]. I’m happy to answer any questions, and Jim is also here too as well if there’s any questions about the materials in the building facility.
**[15:15] Mayor Kevin Zabel:** Thank you, Andy. Council members, any questions for Andy or Jim? All righty, let’s get a motion.
**[15:20] Council Member Andy Morcomb:** I’ll make a motion to wave reading and adopt Resolution 2023-103 approving the purchase of a restroom facility from Romtec Inc. in a total amount not to exceed $129,800 through the Sourcewell Cooperative purchasing contract for City Project P2234 Willowbrook Commons Park.
**[15:35] Mayor Kevin Zabel:** There’s a motion. Is there a second?
**[15:36] Council Member Noah Her:** Second.
**[15:37] Mayor Kevin Zabel:** Motion and a second. Final comments? All those in favor say aye.
**[15:40] All Council Members:** Aye.
**[15:41] Mayor Kevin Zabel:** Opposed? And Commons Park has a bathroom. If that’s all we do in this job, you know what, we’re pretty good. Time to check in with our City Attorney, Mr. Thompson. Jim, anything?
**[15:55] Jim Thompson (City Attorney):** Mr. Mayor, members of the Council, nothing specific to report but happy to answer questions.
**[16:00] Mayor Kevin Zabel:** Council members, any questions for Jim? All right, let’s turn the other way. Check in with our City Administrator, Chris Volkers.
**[16:10] Christina Volkers (City Administrator):** Hi Mayor, Council. I have two things before you tonight. The Council decided a while ago that we would proceed with changing the franchise fees from our cable, our gas, and electric companies used in Oakdale to a percentage rate of 3% versus the flat fee that it previously was... [Chris explains the motions for North St. Paul Electric and CenterPoint Energy].
**[17:15] Mayor Kevin Zabel:** Council members, any questions?
**[17:17] Council Member Katie Wrich:** Yes. Are we just going to kind of blow through these?
**[17:18] Mayor Kevin Zabel:** We'll take one at a time. Yeah, we have to because the title and summary requires a supermajority vote.
**[17:22] Council Member Katie Wrich:** Okay, okay. But no conversation or further presentations from Chris?
**[17:25] Christina Volkers (City Administrator):** I don’t have anything further. I’m glad to answer any questions after each motion.
**[17:28] Mayor Kevin Zabel:** There’ll be... we’ll open up for comments or questions like we normally do.
**[17:30] Council Member Katie Wrich:** Okay, okay. That’s okay, yep.
**[17:32] Mayor Kevin Zabel:** So for the first one under A, can I get a motion?
**[17:35] Council Member Andy Morcomb:** I’ll make a motion to wave reading and adopt Ordinance Number 907 granting certain permissions to North St. Paul Municipal Electric Utility for the furnishing of electric energy to the City.
**[17:45] Mayor Kevin Zabel:** There’s a motion. Is there a second?
**[17:46] Council Member Noah Her:** Second.
**[17:47] Mayor Kevin Zabel:** There’s a motion and a second. Comments? Any comments? No? All those in favor say aye.
**[17:50] All Council Members:** Aye.
**[17:51] Mayor Kevin Zabel:** Opposed? And that one is approved. Next is the resolution for title and summary. Can I get a motion?
**[18:00] Council Member Gary Severson:** I would like to make a motion to wave reading and adopt Resolution 2023-100 authorizing publication of Ordinance Number 907 by title and summary.
**[18:08] Mayor Kevin Zabel:** There’s a motion. Is there a second?
**[18:09] Council Member Andy Morcomb:** Second.
**[18:10] Mayor Kevin Zabel:** There’s a motion and a second. Final comments? All those in favor say aye.
**[18:13] All Council Members:** Aye.
**[18:14] Mayor Kevin Zabel:** Opposed? And that is approved as well. Next up we’ll tackle Ordinance 908. Can I get a motion?
**[18:20] Council Member Andy Morcomb:** I’ll make a motion to wave reading and adopt Ordinance Number 908 setting a franchise fee on electric operations within the city of Oakdale, North St. Paul Municipal Electric Utility.
**[18:30] Mayor Kevin Zabel:** There’s a motion. Is there a second?
**[18:31] Council Member Noah Her:** Second.
**[18:32] Mayor Kevin Zabel:** There’s a motion and a second. Comments?
**[18:33] Council Member Katie Wrich:** I have a comment. Willing... so I’m going to vote no as you’re well aware, probably. One reason being the definition of gross revenue is not defined and transparent enough to determine what number that fee is calculated on. The 3% fee, that’s one. The second comment I have is in this economy, adding even another four to five dollars on someone’s bill on a monthly basis, in my opinion, is not fair and is not a good idea at this time. Middle class and working-class families are struggling as it is; even a loaf of bread is five dollars. That’s one fee on an electric bill. So I am not interested in raising fees on anything in this climate. That’s just my comment.
**[19:20] Mayor Kevin Zabel:** Council members, any other comments? All those in favor say aye.
**[19:23] Council Members (except Wrich):** Aye.
**[19:24] Council Member Katie Wrich:** No.
**[19:25] Mayor Kevin Zabel:** And that ordinance is adopted 4 to 1. I’ll look for a motion on title and summary for 908.
**[19:30] Council Member Andy Morcomb:** I’ll make a motion to wave reading and adopt Resolution 2023-101 authorizing publication of Ordinance Number 908 by title and summary.
**[19:38] Mayor Kevin Zabel:** There’s a motion. Is there a second?
**[19:39] Council Member Gary Severson:** Second.
**[19:40] Mayor Kevin Zabel:** Motion and a second. Any comments? All those in favor say aye.
**[19:42] Council Members:** Aye.
**[19:43] Mayor Kevin Zabel:** Opposed? And that is approved as well. Finally, we have Ordinance 909 regarding CenterPoint Energy. Can I have a motion?
**[19:50] Council Member Gary Severson:** Make a motion to wave reading and adopt Ordinance Number 909 setting a franchise fee on natural gas operations within the city of Oakdale, CenterPoint Energy Minnesota Gas.
**[20:00] Mayor Kevin Zabel:** There’s a motion. Is there a second?
**[20:01] Council Member Andy Morcomb:** Second.
**[20:02] Mayor Kevin Zabel:** Again, there’s a motion and a second. Comments?
**[20:03] Council Member Katie Wrich:** Same comment.
**[20:04] Mayor Kevin Zabel:** Anybody else? All those in favor say aye.
**[20:06] Council Members (except Wrich):** Aye.
**[20:07] Council Member Katie Wrich:** No.
**[20:08] Mayor Kevin Zabel:** And that ordinance is adopted 4 to 1. Finally, title and summary for 909. Can I have a motion?
**[20:12] Council Member Andy Morcomb:** I’ll make a motion to wave reading and adopt Resolution 2023-104 authorizing publication of Ordinance Number 909 by title and summary.
**[20:20] Mayor Kevin Zabel:** There's a motion. Is there a second?
**[20:21] Council Member Gary Severson:** Second.
**[20:22] Mayor Kevin Zabel:** Motion and second. Any comments? All those in favor say aye.
**[20:24] Council Members:** Aye.
**[20:25] Mayor Kevin Zabel:** Opposed? And that is approved as well. Next up, Council presentations. Who wants to go first? Anybody? Nothing from me? Nothing for me either. Nothing down there? How about down here?
**[20:40] Council Member Jake Schrul:** I’ll go. Just want to kind of let our residents make our residents aware—on the Minnesota Department of Commerce website, there is a section for unclaimed property. A lot! Yes. And just Google search "Minnesota unclaimed property" and the page will pop right up. Search your name and... I know I spent maybe a half an hour yesterday just searching random people I know, and in fact, there was a friend of mine, her brother, her sister, and her mom were all in there, several over $250. So she was appreciative of the phone call, needless to say. So just wanted to make people aware of that; get on there and search your name, and the form is very easy to fill out. Just take you a matter of minutes, you mail it in, and it’s my understanding they just mail you a check.
**[21:25] Mayor Kevin Zabel:** Can I piggyback on that? So, a little explainer: anytime a business owes an individual money, if they can't reach the individual, they're required by state law to send it to the state and the state holds onto it for however long. But often everyday people just have no idea that this money is out there. I had a friend who I found money for him because I looked him up also, and he lived at an address where he overpaid a mortgage and there was extra money from the bank just sitting there. He moved, they couldn’t find him. You know, they don't have to try that hard. Filled out one form, got a check. This is individuals' money like they've paid this money that a company tried to give back and couldn't find them. The state can't keep it, state can't spend it, but they don't have to work too hard to try and get it to you either. So we encourage everybody to go out there and look because there is a lot—I mean, millions and millions of dollars.
**[22:15] Council Member Andy Morcomb:** Often it’s a beneficiary that’s not aware of it.
**[22:17] Mayor Kevin Zabel:** Yep, absolutely. It is crazy how much is out there. Yeah, take a look. Who needs Powerball? I mean, this might be your own money just sitting there waiting for you. Jake, anything else?
**[22:28] Council Member Jake Schrul:** Nope.
**[22:29] Mayor Kevin Zabel:** All right, I got a few. Our final Oakdale Farmers Market is tomorrow; that’s hard to believe. Wednesday, 2:00 to 6:00 p.m. in the City Hall parking lot. It is fall; it’s time to wrap up those great farmers markets, but still lots of great local vendors out there. So please stop on by... [Mayor continues with community announcements regarding Buckthorn removal, Halloween decorating contest, and Volunteer of the Year nominations].
It’s time to pay the bills. We have a claims roster in front of us: September 27th through October 10th, 1.8 million and change. Council members, can I have a motion?
**[24:50] Council Member Gary Severson:** I would like to move to approve claims for the period September 27th, 2023, to October 10th, 2023, in the amount of $1,822,889.20.
**[25:02] Mayor Kevin Zabel:** There is a motion. Is there a second?
**[25:03] Council Member Andy Morcomb:** Second.
**[25:04] Mayor Kevin Zabel:** Motion and a second. Final comments? All those in favor say aye.
**[25:07] All Council Members:** Aye.
**[25:08] Mayor Kevin Zabel:** Opposed? The bills are paid. Can I have a motion to adjourn?
**[25:11] Council Member Noah Her:** So moved.
**[25:12] Mayor Kevin Zabel:** There’s a motion. Is there a second?
**[25:13] Council Member Gary Severson:** Second.
**[25:14] Mayor Kevin Zabel:** Motion and a second. All those in favor say aye.
**[25:16] All Council Members:** Aye.
**[25:17] Mayor Kevin Zabel:** Opposed? We are adjourned. Thank you and good night.