This transcript features **Mayor Kevin Zabel** presiding, with reports from City Engineer **Jesse Farrell**, City Administrator **Christina Volkers**, and City Attorney **Jim Thompson**. Note: While your list provided specific council names, the transcript roll call and dialogue explicitly identify **Council Member Noah Her**, **Council Member Ingelbertson**, and **Council Member Willembring** as present, in addition to **Council Member Morcomb**. I have used the names as identified by the Mayor in the recording. *** **[0:04] Mayor Kevin Zabel:** We're going to go ahead and call to order the Oakdale City Council regular meeting for August 8th, 2023. Sarah, will you take the roll? **[0:04] Sarah (City Clerk):** Yes. Council Member Her? (Present). Council Member Ingelbertson? (Present). Council Member Morcomb? Here. Council Member Willembring? Here. Mayor Zabel? Here. **[0:04] Mayor Kevin Zabel:** Please join me in the Pledge of Allegiance. 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. Council members, in front of us we have the agenda as presented. No changes from City staff. Can I have a motion to approve? **[0:49] Council Member:** Motion to approve the agenda as presented. **[0:49] Mayor Kevin Zabel:** There's a motion. Is there a second? **[0:49] Council Member:** Second. **[0:49] Mayor Kevin Zabel:** Motion and a second. Any comments? All those in favor say aye. (Aye). Opposed? And the agenda is adopted. Next up we have approval of the minutes, starting with the workshop minutes from July 25th, 2023. Council members, any changes or corrections? I'll look for a motion to approve. **[0:49] Council Member:** So moved. **[0:49] Mayor Kevin Zabel:** There's a motion. Is there a second? **[0:49] Council Member:** Second. **[0:49] Mayor Kevin Zabel:** Motion and a second. Final comments? All those in favor say aye. (Aye). Opposed? And those minutes are approved. Next we have the minutes from our regular meeting July 25th, 2023. Council members, any corrections or changes? I'll look for a motion. **[1:34] Council Member:** So moved. **[1:34] Mayor Kevin Zabel:** There's a motion. Is there a second? **[1:34] Council Member:** Second. **[1:34] Mayor Kevin Zabel:** Motion, second. Final comments? All those in favor say aye. (Aye). Opposed? And those minutes are approved as well. We do not have a public hearing tonight, so we will move on to Open Forum. This is an opportunity for anybody in the public joining us to step up to the podium and share anything that may be on their mind. But before we do that, we have a proclamation recognizing Midwest Special Services Day. Whereas Midwest Special Services, also known as MSS, has proudly served the Twin Cities metro area for 74 years; and whereas MSS Oakdale opened on July 15, 2013, to serve people with disabilities in Oakdale and the surrounding communities; and whereas MSS supports people to live the life they choose; and whereas MSS provides innovative programming to create a more inclusive and accessible community for everyone. **[2:21] Mayor Kevin Zabel:** Therefore, I, Kevin Zabel, Mayor of Oakdale, do hereby proclaim August 17, 2023, as Midwest Special Services Day in the city of Oakdale in recognition of their 10th anniversary. I've had the pleasure of working quite a bit with MSS and their president, Julie Johnson, in my day job. And, you know, COVID was some really tough years for people with disabilities and the services that MSS provide. Thankfully they've turned that corner and they can continue providing that support to people with disabilities in our community and the surrounding communities. I believe we have Allison Mertens joining us; she is a program director at the Oakdale location. Allison, if you'd like to join me in the council down front, we can grab a picture and present the proclamation. **[3:22] Allison Mertens:** Thank you. **[3:22] Mayor Kevin Zabel:** All right, on three. One, two, three. One, two, three. Thank you, thank you, thank you. And I will be at your events, right? Yes, thank you. Congratulations. **[3:55] Mayor Kevin Zabel:** If there's anybody in the audience that would like to share anything with Open Forum, please feel free to step on up, state your name and address for the record, and share whatever is on your mind. Seeing none, we will go ahead and keep things moving and move on to consensus motions. Tonight we only have two—that might be the shortest list I've ever seen in my six and a half years. Council members, are there any of these two you would like to pull for individual consideration? I will look for a motion. **[4:40] Council Member:** Make a motion to approve consensus motions A and B as presented. **[4:40] Mayor Kevin Zabel:** There's a motion. Is there a second? **[4:40] Council Member:** Second. **[4:40] Mayor Kevin Zabel:** Motion and a second. Final comments? All those in favor say aye. (Aye). Opposed? And A and B are approved. Next we'll move on to our advisory boards and commissions. First up is the Economic Development Commission that met on August 2nd. Council Member Her is the liaison. **[4:40] Council Member Noah Her:** Yeah, council members, I attended the Economic Development Commission and it was a lot of good information and updates on the Gold Line that is going through our city and just kind of the time frame that they're looking to have all that construction be completed. I think their target date was December of 2024 and then having the bus line begin operation January of '25. And so we're still kind of a long ways from that, but hopefully you guys all have been seeing all the progress and the construction being done on that route. I'm hopeful and glad to see everything come together. Another item that was talked about that night was the launch of the Oakdale development map. It looks like our development department is putting together a map that kind of shows all the different projects that are going on in the city. It's really cool; it's connected to our website and we'll share that to a link out—I'll share it through my social media feed, but it's also shared on our Facebook website as well. Lastly, the city has also put together a business development incentive worksheet that just kind of lists out all the different support services that is offered by the different local government entities, so all-inclusive all in one spot. It was a good meeting and that was my update. **[6:12] Mayor Kevin Zabel:** Great, thank you Noah. The only other commission that met was Planning Commission on August 3rd. Council Member Ingelbertson? **[6:12] Council Member Ingelbertson:** Yeah, just a few items on the agenda there. One regarding chickens at a residential home, a CUP for an accessory building on a property, and the—trying to remember what the third one was. It was apartments, but which ones... anyone remember? Was it by Greenway? **[6:58] Mayor Kevin Zabel:** Yes. Oh yes, on Hudson Road. Yep, that's what it was. A possible development next to United Rentals on Hudson Road. They had a long meeting—two hours. Just moving on, no award of bid tonight, so we'll move into staff reports. Engineering has one request for a noise variance. Jesse, welcome. **[7:45] Jesse Farrell (City Engineer):** Thank you, Mayor and Council. So this item is associated with our 2023 Street Reconstruction project. As you're aware, that project involves pavement removal and replacement, curb and gutter replacement, and then some utility work. This year we're reconstructing 56th Street in the vicinity of Fleet Farm. Fleet Farm has limited access, so the only public access to Fleet Farm is 56th Street. So to greatly reduce the impacts to that business, the general contractor has requested a variance to our noise ordinance. As you're familiar, our noise ordinance restricts noise from construction outside of the hours of 7:00 AM to 7:00 PM Monday through Friday and then 9:00 to 5:00 PM on Saturdays. The contractor is requesting to do overnight work, 7:00 PM to 7:00 AM. They obviously wouldn't work that entire shift, and they're asking for a wider window from August 14th to September 1st. It's almost three weeks, and it's really only four to five days of work. That wider window is to accommodate possibly scheduled delays, primarily associated with weather, and so that we won't have the opportunity to get your permission again prior to the next meeting. So it's a wider window than they need, but it's deliberate just for the sake of efficiency. The contractor is going to minimize that as much as they can, most likely to four or five nights of work. Both myself and our consultant and the contractor are all coordinating with management and Fleet Farm just so that they know when this is coming. So with that, if there's any questions, I'd be happy to answer them now. **[9:17] Mayor Kevin Zabel:** Council members, any questions for our City Engineer? Nope? All right, I'll look for a motion. **[9:17] Council Member:** I'll make a motion to approve the noise variance requested by Miller Excavating Inc. to allow construction activities from 7:00 PM to 7:00 AM, August 14th, 2023, through September 1st, 2023, for city project R2023-01 at 56th Street near Fleet Farm. **[9:17] Mayor Kevin Zabel:** There's a motion. Is there a second? **[9:17] Council Member:** Second. **[9:17] Mayor Kevin Zabel:** Motion and a second. Final comments? All those in favor say aye. (Aye). Opposed? And that noise variant is approved. Thank you, Jesse. We'll check in with our City Attorney, Jim Thompson. Jim, anything for us tonight? **[10:03] Jim Thompson (City Attorney):** Nothing specific tonight, Mr. Mayor. Happy to answer questions. **[10:03] Mayor Kevin Zabel:** Anybody questions for Jim? All right, everybody turn to your right. Let's check in with our City Administrator. **[10:03] Christina Volkers (City Administrator):** Mayor, Council, thanks. I have two policies that we've worked through between the staff and the management team, and getting notice out to all staff is the next step. The two changes: one is a donation policy. We have been accepting donations properly per the statute, but it is not in our policy and what the procedure is. So all we're doing is asking that to be added to the current donations policy—donations for when people donate things to the city, but also we need to accept donations. That's the only change to that policy. So before I move on, is there any questions on that? **[10:48] Mayor Kevin Zabel:** Council members, any questions for Chris on Item A? Let's go ahead and just take action on that one. I'll look for a motion. **[10:48] Council Member:** Motion to approve the proposed changes to City policy MIS-019: Donations to Parks and Memorials in Parks, Installation and Maintenance, Naming of Parks Facilities and Events. **[10:48] Mayor Kevin Zabel:** There's a motion. Is there a second? **[10:48] Council Member:** Second. **[10:48] Mayor Kevin Zabel:** Motion and a second. Final conversation or comments? All those in favor say aye. (Aye). Opposed? And that policy is amended. Item B? **[11:35] Christina Volkers (City Administrator):** So the other item is we have a dress code policy dating back to 1998. That's a long time ago, and we were still under that current policy. So we've updated it. Frankly, what we've done is loosen it up a little bit and make it business casual friendly and current times. 1998 things were very different back then. So we've updated the policy that has been attached to the agenda. Section 2.4 that was attached to the agenda... there has been a revision since the agenda was published, and that's before the Council now. If I could just read the new language that would be substituted so you can consider that in the overall updating of the policy. Section 2.4 would now read: "City staff shall not enforce the city's dress code more strictly against employees of any protected class than any other employees." So that is a little bit more generic than the way it was attached to the agenda, and it broadens it so that we will not more strictly adhere to the dress code if there's a protected class. So we want to make sure we get that in there. With that change, you've got the policy in front of you. We'd like to update that policy. **[12:20] Mayor Kevin Zabel:** Council members, any questions for Chris? I'll look for a motion. **[12:20] Council Member:** Make a motion to amend City policy PE-008: Dress Code and rename it PE-008: Appearance. **[12:20] Mayor Kevin Zabel:** There is a motion. Is there a second? **[12:20] Council Member:** Second. **[12:20] Mayor Kevin Zabel:** There is a motion and second. Final comments? All those in favor say aye. (Aye). Opposed? And that policy is amended as well. Chris, anything else? **[13:06] Christina Volkers (City Administrator):** Thank you, no. **[13:06] Mayor Kevin Zabel:** Alrighty, let's move on to Council presentations. Who might like to go first? **[13:06] Council Member Noah Her:** I would like to go first if you don't mind. It's all yours. So this past week was my first time attending the National Night Out. I had a great time just crisscrossing around the city with my kids and just hanging out with all the neighbors and their parties. Had a lot of ice cream—by the third house, my kids were sick and tired of it. So thank you to all the neighbors who hosted my family and I, and I look forward to next year's event as well. It was great seeing the police and the fire department out in force as well and just rubbing elbows with our neighborhoods. So good job for you guys for taking some time out of your busy night to come hang out with the neighbors. **[13:52] Mayor Kevin Zabel:** Great, thank you. Council Member Willembring, anything? **[13:52] Council Member Willembring:** Nothing from me. **[13:52] Mayor Kevin Zabel:** Alrighty, how about down here? Nothing for me? Nothing for me. Alrighty, well I have a few. We have a lot of events going on in the city right now. Echoing what Council Member Her said, a big thank you to everybody involved with Night to Unite. I hit a number of parties and events around Oakdale. Despite the rain, everybody seemed to have a really good time. That is our blessing and curse here in Minnesota—you can't control the weather—but it was just really nice to see full garages and full driveways. Residents interacting with police and fire and the folks from Washington County... it is really a great event for building community in Oakdale, and it does go a long way in building the communication and trust between residents in our city. So thank you to everybody who hosted and thank you to our staff for participating and just showing everybody a good time. It was a great event. Next up, the Oakdale Police Department has announced a new partnership with Foundrop, a free service that helps owners recover lost and stolen property. Oakdale Police can upload unclaimed property to a nationwide searchable database that is free for residents to view and search. Learn more and view unclaimed property—you might find something that was yours and you lost or was stolen. More information at oakdalemn.gov. This Friday, August 11th, we encourage residents to come out and beat the heat for our first-ever Pop-Up Splash Pad from 1:00 to 3:00 PM at the OAA parking lot at Walton Park. The Oakdale Fire Department will bring the water; you bring your suit and towel to be ready to run through the fire hose spray, toss water balloons, and play water games. This event is free to attend. This Sunday, August 13th, 1:00 to 3:00 PM, please stop by the Oakdale Nature Preserve Pavilion for a summer social hosted by Oakdale Wellness 50 Plus. Please bring your family and friends to enjoy an afternoon of fresh air and fun. Fruit popsicles will be provided while they last. A big thank you to Oakdale Wellness 50 Plus for hosting that. You can also check out the recently repainted Eater Schoolhouse—I heard that was done, so that'll be a fun event as well. Next Friday, August 18th at dusk, grab your family, lawn chairs, and blankets for a movie in the park. We will be showing *Minions: The Rise of Gru* at the Walton Park Band Shell. Those are always very popular events. Finally, we are now accepting summer photo submissions for the Oakdale summer photo contest until August 31st. The contest is open to Oakdale residents only. For more information, visit our city website. The ones we've hosted the last few seasons have given us some really cool photos—I really liked that one of the owl. We have a lot of really talented photographers in our community. **[16:54] Mayor Kevin Zabel:** Pay the bills—our least favorite part of the meeting. Council members, we have a claims roster in front of us for July 26th through August 8th. Can I have a motion? **[16:54] Council Member:** I move to approve the claims for the period July 26, 2023, to August 8, 2023, in the amount of $1,464,294.91. **[16:54] Mayor Kevin Zabel:** There's motion. Is there a second? **[16:54] Council Member:** Second. **[16:54] Mayor Kevin Zabel:** Motion and a second. Any questions or comments? All those in favor say aye. (Aye). All those opposed? Claims are approved. I'm not going to go to adjournment because I'm looking at our City Attorney for appropriate actions. **[17:40] Jim Thompson (City Attorney):** To me, would be to entertain a motion to close the meeting pursuant to Minnesota Statutes 13D.05, subdivision 3(b) to meet with the City Attorney to discuss matters protected by the attorney-client privilege relating to the contested case matter pending before the Office of Administrative Hearings entitled "In the Matter of Amendments to Various Appropriations Permits," OAH Master Docket number OAH 8-2002-3773. **[18:25] Mayor Kevin Zabel:** Can you give me that statutory citation one more time? **[18:25] Jim Thompson (City Attorney):** 13D.05, subdivision 3(b). **[18:25] Mayor Kevin Zabel:** All right, I'm going to make this simple. I'll make a motion to go into closed executive session with the City Attorney pursuant to Statute 13D.05, subdivision 3(b)—right, Jim? Not (d)? Okay—to discuss matters protected by attorney-client privilege relating to the contested case matter pending before the Office of Administrative Hearings entitled "In the Matter of Amendments to Various Appropriation Permits," OAH Master Docket 8-2002-3773. There's a motion. Is there a second? **[18:25] Council Member:** Second. **[18:25] Mayor Kevin Zabel:** There's a motion and a second. Final comments? **[19:11] Jim Thompson (City Attorney):** Mr. Mayor, before you... just so the record's clear, we'll be holding that closed session upstairs in the Hadley Conference Room, and when we're done, you'll be adjourning the regular council meeting from up there. **[19:11] Mayor Kevin Zabel:** Correct. We will move upstairs into our smaller conference room and we will adjourn from up there. So the video feed will cease when we move upstairs. But no additional business will be taken. There's a motion, there was a second, I believe. No final comments. All those in favor say aye. (Aye). Opposed? And we are moving into closed session.