Council Meeting - April 25, 2023

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This transcript features **Acting Mayor Susan Ingerson** presiding over the meeting in the absence of Mayor Kevin Zabel. While the provided list of officials serves as a general guide, the dialogue explicitly identifies a different set of Council Members (Her, Morcomb, Olson, and Ingerson) present for this specific session. [00:00] **Acting Mayor Susan Ingerson**: Call to order the April 25th, 2023, regular meeting of the Oakdale City Council. We will start with the Pledge of Allegiance to the flag of the United States of America and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Okay, moving on. Looking for an approval of the agenda. Are there any changes anyone would like to see? [00:15] **Unidentified Staff**: Excuse me, Acting Mayor, we have to do a roll call. [00:20] **Acting Mayor Susan Ingerson**: Go ahead. [00:22] **Council Member Her**: Here. [00:24] **Council Member Morcomb**: Here. [00:26] **Council Member Olson**: Here. [00:28] **Acting Mayor Susan Ingerson**: Here. [00:30] **Acting Mayor Susan Ingerson**: Okay, now on to the approval of the agenda. Anyone have any comments or changes? [00:35] **Council Member Olson**: I would like to motion to approve the agenda for today. Would we need to make a motion to approve the amended agenda as presented? Would that be the proper verbiage there? [00:45] **Acting Mayor Susan Ingerson**: Did we add things to the agenda? Have we just amended resolutions? [00:48] **Acting City Administrator Kevin Wold**: We amended the agenda as well as the resolutions, but we need to approve the amended agenda for today. [00:55] **Council Member Olson**: So I would like to motion to approve the amended agenda for today. [01:00] **Acting Mayor Susan Ingerson**: All right, we have a motion. Is there a second? [01:02] **Council Member Her**: Second. [01:04] **Acting Mayor Susan Ingerson**: Okay, we have a second. All in favor say aye. [01:06] **Council (In Unison)**: Aye. [01:08] **Acting Mayor Susan Ingerson**: Opposed? All right, motion passes. On to the approval of minutes—first for the workshop on April 11th, 2023. Do we have any conversation or requested changes? Okay, I'll look for a motion. [01:25] **Council Member Morcomb**: So moved. [01:27] **Acting Mayor Susan Ingerson**: Have a motion. Do we have a second? [01:29] **Council Member Olson**: Second. [01:30] **Acting Mayor Susan Ingerson**: Okay, we have a second. All in favor say aye. [01:32] **Council (In Unison)**: Aye. [01:34] **Acting Mayor Susan Ingerson**: Opposed? All right, motion passes. And on to the regular meeting for April 11th, 2023. Do we have any conversation or requested changes? [01:45] **Council Member Olson**: Yeah, I do actually for that meeting. I have an amendment that I'd like to propose on page 16 of the minutes in regards to accepting 3M land for the city of Oakdale. I wanted to clarify some of the comments regarding the cleanup of the site—the entire nine acres—to make sure that it specifically states that the entire nine acres would be cleaned up and that any changes to the site plan would only affect the vapor barrier for that property. So I would like, if possible, to make a motion to table those minutes and review them so that they can be reviewed at the next council meeting. City Attorney, is that an acceptable... is it acceptable to table the approval of minutes for the need of further review? [02:35] **City Attorney Tierney**: Absolutely. [02:40] **Acting Mayor Susan Ingerson**: Okay, with that being said, I will look for a motion. And I should ask, are there any other comments or questions regarding that? Okay, and I will look for a motion to table the approval minutes for the regular meeting on April 11th, 2023. [02:55] **Council Member Her**: I can make a motion to table the regular meeting minutes from April 11, 2023. [03:02] **Acting Mayor Susan Ingerson**: All right, we have a motion. Is there a second? [03:04] **Council Member Morcomb**: Second. [03:06] **Acting Mayor Susan Ingerson**: Okay, all in favor say aye. [03:08] **Council (In Unison)**: Aye. [03:10] **Acting Mayor Susan Ingerson**: Opposed? All right, and the motion to table passes. We will move on to Open Forum. Just a couple of brief comments regarding our Open Forum: we typically allow a maximum time of three minutes per person. We like to keep things civil and respectful, and typically the City Council and Mayor do not respond to comments or questions; we simply note them. So with that being said, is there anyone that would like to come up and speak at Open Forum? And first, please state your name and address. [03:50] **Ibrahim McHale**: Well, my name is Ibrahim McHale, and I am the owner—one of the two owners—of A&M Trading LLC, and that would be at 7141 10th Street at Bargain Plaza. The store has been located at Bargain Plaza for about 15 years, and as effective of April 1st, this company, which is A&M Trading LLC, took over the business. My store currently sells accessories, smoking tobacco, shirts, incense, and everything, you know, and we do not currently sell tobacco. I came tonight for a couple reasons, maybe three. First, simply I wanted to introduce myself as a local small business owner. We operate a clean and well-lit, reputable establishment. If you have never stopped in before, you are welcome to do so; I will take you on a small tour and be happy to do that. Second, if you are interested, I am more than willing to provide you with input potentially regarding regulation you may be considering related to the sale of cannabis. As you know, the Minnesota legislators are considering legalizing cannabis to some degree. We all have interest in preventing underage and other unlawful sales. Being in the cigar industry for a long time, I can be a good source. Third and lastly, I understand Oakdale has an ordinance related to the sale of adult-use consumable products that contain THC. I would like my store to qualify for sale of the THC product as passed. The ordinance restricts issuing a license where the store is within 500 feet from like a daycare or a children's establishment. I cannot just pick up and move, and this is a potential problem for me there. So I do not have a pending application for THC sales right now; I will be applying for one within the next few days. I hope that we can work together at that time to review that ordinance requirement and to have a good discussion with the city council members. Thank you. [06:30] **Acting Mayor Susan Ingerson**: Thank you. Would anyone else like to come up to the podium and speak? Anyone else? And with that, I will close the Open Forum and move on to consensus motions... Oh, I forgot the proclamations. We have two proclamations tonight. Not to say that they are not important, because they are. [06:55] **Acting Mayor Susan Ingerson**: The first proclamation is regarding Arbor Day. Whereas the Oakdale City Council supports the planting of trees and encourages residents to landscape their properties with trees; and whereas in 1975 resident Peter Grasky was instrumental in establishing the city's first Arbor Day tree giveaway; and whereas 2023 marks the 40th anniversary of Oakdale's Arbor Day celebration and tree giveaway; and whereas Arbor Day is a time to appreciate the important contributions made by trees and to continue to increase their numbers in our community; and whereas this year's Arbor Day event will be held on Saturday, April 29th at 9:30 a.m. at Walton Park. Therefore, I, Kevin Zabel, Mayor of Oakdale, Minnesota, hereby proclaim April 29th as Peter Grasky Arbor Day in the city of Oakdale and call upon the residents of the community to plant trees for the enjoyment and health of our generation and of generations to come. [08:05] **Acting Mayor Susan Ingerson**: And our second proclamation tonight is regarding Skin Cancer and Melanoma Awareness Month. Whereas it is imperative that communities across Minnesota be reminded of the importance of sun safety; and whereas overexposure to UV radiation is one of the major causes of melanoma and non-melanoma skin cancers; and whereas skin cancer is the most common type of cancer in the United States; and whereas skin cancer can be easily prevented if the proper precautions are taken such as staying in the shade from the late morning to mid-afternoon, wearing a wide-rimmed hat and a lightweight long-sleeve shirt, regularly applying a broad spectrum sunscreen of an SPF 15 or higher with UVA and UVB protections, and avoiding indoor tanning to reduce the risk of developing skin cancer; and whereas skin self-examinations should be performed on a monthly basis because skin cancers are highly treatable when detected early; and whereas the city of Oakdale encourages people to protect themselves and their families against sun damage to their skin and to promote sun safety awareness and education in our community. Therefore, I, Kevin Zabel, Mayor of Oakdale, Minnesota, do hereby proclaim the month of May in 2023 as Skin Cancer and Melanoma Awareness Month in Oakdale. Thank you, Susie. [09:35] **Acting Mayor Susan Ingerson**: Okay, now on to the consensus motions. Do any council members want to pull any of the items or have any conversation on any of the items? Okay, with that I will look for a motion. [09:50] **Council Member Her**: I'll make a motion to approve consent. [09:52] **Acting Mayor Susan Ingerson**: We have a motion. Do we have a second? [09:54] **Council Member Olson**: Second. [09:56] **Acting Mayor Susan Ingerson**: Okay, and we have a second. All those in favor say aye. [09:58] **Council (In Unison)**: Aye. [10:00] **Acting Mayor Susan Ingerson**: Opposed? And the consensus motions pass. To the Advisory Boards and Commissions—it looks like nobody had a meeting, so we will move on to the Award of Bid for City Project R-2023-02, the 2023 Mill and Overlay Street improvements. And we have Brian Bachmeyer here to present that. [10:20] **Brian Bachmeyer**: Good evening, Mayor and Council Members. We did open bids last Thursday pursuant to city council authorization. We had five contractors submit bids for the work, with Bituminous Roadways being the low bidder at $819,380.80. They have worked in Oakdale before, so we are comfortable making a recommendation to award that contract. Their bid was less than the engineer's estimate and less than the amount budgeted for the project. This will result in a revised budget that will reduce the allocation for our Municipal State Aid dollars, which is our share of the state gas tax, so that funding will be available for future collector street state aid type projects. So our recommendation is to award that contract. We did ask for consideration on one white item, and we did revise the resolution to reflect authorization for the City Administrator and Mayor to sign a service contract with SEH. This is really a streamlining process to avoid coming back at the next meeting to authorize that service contract be part of this. It'll be very consistent with previous contracts that we've had with SEH; it'll be hourly with a not-to-exceed cap on it. And so with that, I'll stand for any questions the Council may have. [11:35] **Acting Mayor Susan Ingerson**: For the council members, anything for Brian? Okay, with that I will look for a motion. [11:45] **Council Member Olson**: I can make a motion to waive reading and adopt Resolution 2023-48 as amended, awarding the bid for City Project R-2023-02 Mill and Overlay Street Improvements to Bituminous Roadways Inc. in the amount of $819,380.80 and authorize the Mayor and City Administrator to sign and execute the contract with Bituminous Roadways Inc. [12:10] **Acting Mayor Susan Ingerson**: All right, we have a motion. Do we have a second? [12:12] **Council Member Her**: Second. [12:14] **Acting Mayor Susan Ingerson**: All right, all in favor say aye. [12:16] **Council (In Unison)**: Aye. [12:18] **Acting Mayor Susan Ingerson**: Opposed? And that motion passes. And on to staff reports—Brian, I believe we are staying with you with the approval plans and specifications for City Project P-2023-05 Willowbrook Trail improvements. [12:35] **Brian Bachmeyer**: Yes, thank you, Mayor. These are the plans the council authorized for the preparation of plans and specifications for the trails that are in the open space areas of Willowbrook south of 40th Street. There's really two segments that are affected or included in the project: one is west of Helmo Avenue and the other one is from 38th Street up to 40th Street. These were in the Capital Improvement Program. The plans were prepared by Alliant Engineering that has been doing all the engineering work for Lennar Maplewood development, the Rohr development, and the Springs of Willowbrook. So it was reasonable to continue that relationship with them; they're very familiar with the grading operations, the contractors working in the area, and the construction plans for all those improvements. The one correction that we did do on the resolution was to go from... we had the dates correct but the time of the bid advertisement incorrect. There's only two weeks between now and May 10th, and that is consistent with State Statute for projects less than $275,000. The engineer's estimate of the advertisement period can be two weeks, and so it's our recommendation to approve the plans and authorize the advertisement for bids and collect them on May 10th. [14:00] **Acting Mayor Susan Ingerson**: All right, with that are there any questions for Brian or any discussion? All right, I will look for a motion. [14:10] **Council Member Her**: I’ll make a motion to waive reading and adopt Resolution 2023-44 as amended, approving the plans and specifications for City Project P-2023-05 Willowbrook Trail improvements and authorizing the advertisement for and collection of bids. [14:30] **Acting Mayor Susan Ingerson**: All right, we have a motion. Do we have a second? [14:32] **Council Member Olson**: Second. [14:34] **Acting Mayor Susan Ingerson**: Okay, all those in favor say aye. [14:36] **Council (In Unison)**: Aye. [14:38] **Acting Mayor Susan Ingerson**: Opposed? All right, and that motion passes. Thank you, Brian. And on to our City Attorney, Miss Tierney. [14:45] **City Attorney Tierney**: I don't have anything for you today, thank you. [14:50] **Acting Mayor Susan Ingerson**: Okay, and to the Administrator's Report with Acting City Administrator Kevin Wold. [14:55] **Acting City Administrator Kevin Wold**: Good evening, Acting Mayor and Council. I have nothing to report but would answer questions if needed. [15:05] **Acting Mayor Susan Ingerson**: Okay, any questions for Kevin? Okay, on to Council presentations. We'll start with Council Member Her. [15:15] **Council Member Her**: I don't have anything. [15:17] **Acting Mayor Susan Ingerson**: Council Member Olson, do you have anything for me? [15:20] **Council Member Olson**: Nothing for me. [15:22] **Acting Mayor Susan Ingerson**: Council Member Morcomb. [15:25] **Council Member Morcomb**: Yeah, I'll just say that I attended the shred event put on by the Eberhard Group, and it's growing in popularity each year. So I just want to thank the Eberhard Group for coming in and supporting the community; it's a great event. That's all I have. [15:45] **Acting Mayor Susan Ingerson**: Okay, and I have four. First is our annual Park Cleanup Week, which began yesterday and runs through Sunday, April 30th. Help make Oakdale's parks look great for the summer by volunteering time to pick up the trash and debris accumulated over the winter. Garbage bags are provided and participants will receive a complimentary gift. You can call 651-747-3860 to sign up for that. Registration for summer youth programs opens this Thursday, April 27th, at 8:00 a.m. You can view the early summer newsletter online at oakdalemn.gov or in person at the Oakdale Discovery Center. We're looking forward to distributing trees to those that pre-registered for our Pete Grasky Arbor Day tree giveaway this Saturday, April 29th, at Walton Park. We had a great response this year and all trees have been reserved. And last, the Maplewood-Oakdale Lions Club will host the annual citywide garage sale from Thursday, May 4th through Saturday, May 6th. If you'd like your sale included this year, please visit the Maplewood-Oakdale Lions Club Facebook page for more information and to register. And with that, we will move on to claims. Is there any Council conversation or questions regarding claims? And with that, I will look for a motion to approve claims. [17:10] **Council Member Olson**: I'll make a motion to approve the claims as presented. [17:15] **Acting Mayor Susan Ingerson**: There's a motion. Do we have a second? [17:17] **Council Member Her**: Second. [17:19] **Acting Mayor Susan Ingerson**: Okay, all in favor say aye. [17:21] **Council (In Unison)**: Aye. [17:23] **Acting Mayor Susan Ingerson**: Opposed? And that motion passes. And with that, I will look for a motion to adjourn. [17:30] **Council Member Her**: Motion to adjourn. [17:32] **Acting Mayor Susan Ingerson**: Do we have a second? [17:34] **Council Member Morcomb**: Second. [17:36] **Acting Mayor Susan Ingerson**: All those in favor, aye. Meeting is adjourned.