City Council Meeting - November 26, 2024
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This transcript has been processed and formatted with the correct speaker identifications based on the provided city official context and the dialogue within the meeting.
**Note on Council Members:** While your list includes Severson and Wrich, the roll call and dialogue for this specific meeting (November 26, 2024) identify **Jake Inabnit** and **Susan Willenbring** as the members present alongside Moore and Morcomb.
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**[00:00:00] Mayor Kevin Zabel:** All righty, we're going to go ahead and call to order the regular meeting of the Oakdale City Council, November 26, 2024. Sarah, will you take the roll, please?
**[00:00:10] Sarah (City Clerk):** Council Member Inabnit?
**[00:00:12] Council Member Jake Inabnit:** 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?
**[00:00:16] Council Member Andy Morcomb:** Here.
**[00:00:17] Sarah (City Clerk):** Council Member Willenbring?
**[00:00:18] Council Member Susan Willenbring:** Here.
**[00:00:19] Mayor Kevin Zabel:** Mayor Zabel? Here. Please join me for 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 with liberty and justice for all.
**[00:00:35] Mayor Kevin Zabel:** All righty, first up in front of us is approval of the agenda. No amendments tonight. Can I get a motion to approve the agenda as presented?
**[00:00:42] Council Member Andy Morcomb:** So moved.
**[00:00:43] Mayor Kevin Zabel:** There's a motion. Is there a second?
**[00:00:44] Council Member Kari Moore:** Second.
**[00:00:45] Mayor Kevin Zabel:** Motion and a second. Any conversation? All those in favor say aye.
**[00:00:48] Council Members:** Aye.
**[00:00:49] Mayor Kevin Zabel:** Opposed? And the agenda is adopted. Next up, we have approval of the minutes—two sets tonight. First up, Workshop meeting minutes from November 12th. Council members, any changes or corrections? I'll look for a motion.
**[00:01:03] Council Member Susan Willenbring:** Move.
**[00:01:04] Mayor Kevin Zabel:** There's a motion. Is there a second?
**[00:01:05] Council Member Jake Inabnit:** Second.
**[00:01:06] Mayor Kevin Zabel:** There's a motion and a second. All those in favor say aye.
**[00:01:08] Council Members:** Aye.
**[00:01:09] Mayor Kevin Zabel:** Opposed? And the Workshop meeting minutes are adopted. Next up, regular meeting minutes from November 12th, 2024. Council members, any changes or corrections? Look for a motion.
**[00:01:21] Council Member Kari Moore:** So moved.
**[00:01:22] Mayor Kevin Zabel:** There's a motion. Is there a second?
**[00:01:23] Council Member Andy Morcomb:** Second.
**[00:01:24] Mayor Kevin Zabel:** Motion and a second. All those in favor say aye.
**[00:01:26] Council Members:** Aye.
**[00:01:27] Mayor Kevin Zabel:** Opposed? And those meeting minutes are adopted as well. Next up, public hearing. Hearings—plural? No, just one. Sorry, three action items. First up, and only up, is public hearing for Enclave of Helmo Station PUD, preliminary plat site plan. Luke, welcome.
**[00:01:45] Luke McClanahan (Planning Manager):** Thank you, Mayor and Council. So, we'll have this up on the screen here in just a moment. The proposal in front of us this evening is for Enclave Helmo Station. It includes a planned unit development amendment (PUD), a preliminary plat, and a site plan. The location of the site, as you can see on the screen there, is roughly at the southeast quadrant of Helmo Avenue and Fourth Street for the townhomes. Then, a little bit south of that is the proposed apartment building and proposed park, which is located immediately east of Norhart Apartments.
The zoning of the site is Helmo Station PUD and the proposal includes a 262-unit apartment building, a 112-unit townhome development, and a 2.8-acre public park. Both the townhomes and the apartment units would be market rate; in other words, they are not income-restricted units. The PUD amendment that I'm referring to is due to the development layout being changed at the request of the developer. We'll see that in just a few moments with a slide that shows the details there. If you would recall, there was a concept plan for this proposal that was brought to the City Council at a workshop back in July of this year.
Here's the site layout for the development. Again, it's 112 units for the townhomes to the north on the north side of Third Street. They are intended to be a lower transitional density similar to the Oakrun Shores neighborhood immediately to the north, located on the north side of Fourth Street. On the southeast portion is the proposed apartment building, and then located to the east of the apartment building is the parking—and that's intentional so that it's tucked away from the forthcoming Helmo Station, the Bus Rapid Transit station. Then you have the park that is located to the west of the proposed apartment building and to the east of the existing Norhart building.
Here is a comparison of the site layout for the Helmo Station PUD. The original land use framework is on the left-hand side and then the proposed layout of the site is on the right-hand side. The area that we're really focusing in on for the land use framework is outlined in blue there on the left-hand image. A couple of important things to note here: the proposal dramatically reduces the number of public streets that were originally envisioned in the Helmo Station plan. Staff was initially concerned with the reduction in the streets there due to traffic and possible walkability; however, staff requested that the developer provide a traffic study, and they did.
The results of that study indicated that the loss of the planned public roads would have minimal impacts on vehicle traffic. To address the walkability of the site, the developer also has added an enhanced north-south pedestrian spine—it's a little difficult to see there on the left-hand image running north-south—as well as a couple additional sidewalk extensions, particularly in the townhome site. In exchange for the flexibility, the developer is proposing that the public park be approximately 50% bigger than the original plans shown in the Helmo Station PUD.
Here's a look at the preliminary plat of Helmo Station. The new lot lines there are shown in red just for readability on the screen. Again, the townhome portion is located on the north side of Third Street, the apartments would be to the south, and then the park as well is to the south of Third Street. The developer will eventually have to return for final plat approval and they will have to prepare a title commitment with that.
Moving on to the site plan review, we are focused right now on the townhomes. It's a close-up view here: 112 units, and the site would be served by two accesses off Third Street. Sidewalks are shown on the north side of Third Street and then on the south side of Fourth Street. These additional connections were provided by the developer in exchange for flexibility requested for the Helmo Station PUD.
Here's a look at the site plan for the apartment building: 262 units there. I want to note the north-south pedestrian spine on the west side of the apartment building, kind of in between the apartment building and the park. A couple of things I want to note in terms of deviations: the developer is requesting to exceed the Helmo Station PUD parking requirements. There is a 1.5 parking space per dwelling unit maximum—not minimum, maximum—and the developer is proposing to exceed that by going to 1.79 spaces per unit. Essentially, 76 more units than what is allowed per the PUD, and 31 of those 76 spaces would be shown as "proof of parking." In other words, they're shown on the plans, but they wouldn't actually be built unless there is an actual need for the parking.
In exchange for this flexibility, the developer is proposing additional sidewalk connections throughout the site; however, staff is recommending just a few more pedestrian improvements be included, and those are captured as conditions of approval in the resolutions. The developer is also seeking a deviation from the 10-foot setback requirement—and that is a maximum—from the apartment building to the park. That's a special requirement of the Helmo Station PUD. The proposed setback is about 28 feet from the property line. The intent of that 10-foot max setback requirement is to create an urban edge, and staff feels that the intention of that has been met by the design of this. The developer has included some walk-out patios facing the park as well as an ADA-accessible pedestrian ramp on the west side of the building.
Other elements that remain outstanding, which would be addressed through conditions of approval, include details on screening of utilities (both ground-level and rooftop), updates to the photometric plan, and a comprehensive signage plan. Given that the apartment distance is right next to the interstate, the developer will also have to return with a noise variance and noise study at a later time.
Here's a closer look at the proposed park. Tentatively, it's shown as containing two pickleball courts, a half basketball court, some playground equipment, pedestrian paths, and stormwater features, also a dog run to the south there. Those are all tentative. I just want to note again that the park is proposed at being approximately 50% larger than what the PUD originally planned for. Staff is supportive of the PUD land use framework change given that there are very few parks in this area of Oakdale. Just for reference, the nearest one would be Powerline Park, which is about 1,500 feet away and is mostly open space and trails. This proposed park would serve this portion of Oakdale. SRF, the city's park planning consultant, provided some suggestions to further enhance the park, and those suggestions are contained in the staff report on file. I just want to note here that the details of the park construction and the responsibilities that the developer will have in terms of building it will be specified in the forthcoming development agreement.
Here's a look at the townhome renderings. The Helmo Station PUD requires that multifamily buildings be made up of 70% Class 1 materials (think glass, brick, stone). The developer is requesting a deviation to make it a more "residential feel," as they say, and function as a transition area to the existing Oakrun Shores neighborhood. I want to note that since the October Planning Commission meeting, the developer did increase the wainscot from about 2.5 feet to 5 feet—the stone banding along the perimeter—to add additional Class 1 materials. Staff is amenable to this deviation.
Here's a look at the west side of the apartment building along its proximity to the park. Walk-out units and park features are visible. Here's a look at the building's east side; a portion of the surface parking is visible. For deviation requests, the developer is moving away from the ground floor "distinguishing features" requirement and instead proposes using visual articulation—varying the building depths and utilizing different building materials rather than banding materials for the first level. In exchange, they are proposing to utilize 79% Class 1 materials, whereas the requirement is 70%. Staff is amenable to this request.
To summarize, the Planning Commission reviewed this as a public hearing on October 3rd and recommended approval. Staff recommends approval subject to the following conditions in Resolution 2024-107 and 2024-108. [Summarizes conditions]. As a reminder, this is a public hearing. The developer is here in attendance if you have any questions.
**[00:10:45] Mayor Kevin Zabel:** Council members, any questions for Luke?
**[00:10:48] Council Member Jake Inabnit:** Yeah, I had one. Luke, just to confirm, on the park—there's no portion of that parkland that would be set aside for exclusive apartment or resident use, right? That's open to the public for everyone?
**[00:10:59] Luke McClanahan (Planning Manager):** That's correct, Council Member Inabnit. There's pickleball—they're going to try to reserve the courts, but it's for everybody.
**[00:11:05] Council Member Jake Inabnit:** Cool. Thank you.
**[00:11:06] Mayor Kevin Zabel:** Andy, anything else?
**[00:11:07] Council Member Andy Morcomb:** No.
**[00:11:08] Mayor Kevin Zabel:** Luke, I have one. The "proof of parking" 76 spaces—the excess parking that they may not have to build. If they don't build it, it just stays green space?
**[00:11:18] Luke McClanahan (Planning Manager):** Exactly, yes.
**[00:11:19] Mayor Kevin Zabel:** And if it doesn't get built, what does that drop the spaces per unit to? Does that get it below the 1.5?
**[00:11:27] Luke McClanahan (Planning Manager):** I believe that would still be over the 1.5. Only 31 spaces would not be built unless deemed appropriate. I’m going to invite the developer up to clarify.
**[00:11:41] Mayor Kevin Zabel:** Would anybody from the development team like to join us? Please start with your name and address for the record.
**[00:11:47] Brian Bachman (Enclave Companies):** Brian Bachman, I'm with The Enclave Companies. Address is 766 Bill Parkway in West Fargo, North Dakota. Yes, we are over the 1.5—I believe it was like 1.59. If you go back to that page, some are already there because of the neighboring property. If we don't need them, they just stay grass. We get a lot of pushback from lenders because typically a suburban project is between 1.7 to 1.85. People still have to learn to ride the BRT; a lot of folks are still car-centric in our part of the world. Being under-parked is the worst thing for us because residents won't renew if they have to walk three blocks to park.
**[00:13:00] Mayor Kevin Zabel:** Thank you. Council members, any other questions for the developers while we have Brian up here? No? Okay. At this time, I'm going to go ahead and open the public hearing. Please step up to the podium and state your name and address for the record.
**[00:13:20] Alexander Pavs (Resident):** Hi there. Alexander Pavs, 7825 Third Street North. I was just wondering if the developers could speak a little to environmental impact studies or assessments regarding water drainage, runoff, and flash flooding impacts that could come with this development? Thank you.
**[00:13:40] Mayor Kevin Zabel:** Thank you. We have our Public Works Director here, too—or Brian? Luke, you may know as well.
**[00:13:48] Brian Bachman (Enclave Companies):** We have not had to do an EAW with this project. We've done the basics—Phase 1s, soil studies. All of those lead to our stormwater design so that we can control all the water on our site, and water coming into our site from other areas. We're controlling the water in the park as well. That’s all been submitted to the City for review.
**[00:14:15] Luke McClanahan (Planning Manager):** I can speak a little to that, Mayor. In addition, the City reviews the stormwater. We had a consultant city engineer review the calculations. There are actually two water districts that have jurisdiction over this development, so all formal approvals also have to be reviewed and approved by the two Watershed Districts. Also, a comprehensive environmental analysis was done back in the 2016-2017 timeframe for the initial Helmo Station PUD.
**[00:15:02] Mayor Kevin Zabel:** Thank you. Is there anybody else that would like to speak under the public hearing? Seeing none, I'm going to close the public hearing. Council, three actions in front of us.
**[00:15:15] Council Member Kari Moore:** I'll make a motion to wave reading and adopt Ordinance Number 941 amending the Helmo Station Planned Unit Development to alternative land use framework for certain parcels located east of Helmo Avenue North.
**[00:15:28] Mayor Kevin Zabel:** There's a motion. Is there a second?
**[00:15:29] Council Member Susan Willenbring:** Second.
**[00:15:30] Mayor Kevin Zabel:** Motion and a second. Final comments? All those in favor say aye.
**[00:15:33] Council Members:** Aye.
**[00:15:34] Mayor Kevin Zabel:** Opposed? And Ordinance 941 is adopted. Next resolution?
**[00:15:39] Council Member Kari Moore:** I'll make a motion to wave reading and adopt Resolution 2024-107 approving the preliminary plat for Enclave Helmo Station with conditions.
**[00:15:47] Mayor Kevin Zabel:** There's a motion. Is there a second?
**[00:15:48] Council Member Andy Morcomb:** Second.
**[00:15:49] Mayor Kevin Zabel:** Motion and a second. All those in favor say aye.
**[00:15:52] Council Members:** Aye.
**[00:15:53] Mayor Kevin Zabel:** Opposed? And Resolution 107 is adopted. Next?
**[00:15:57] Council Member Kari Moore:** I'll make a motion to wave reading and adopt Resolution 2024-108 approving the site plan for Enclave Helmo Station site with conditions.
**[00:16:04] Mayor Kevin Zabel:** There's a motion. Is there a second?
**[00:16:05] Council Member Jake Inabnit:** Second.
**[00:16:06] Mayor Kevin Zabel:** Motion and a second. Final comments? All those in favor say aye.
**[00:16:09] Council Members:** Aye.
**[00:16:10] Mayor Kevin Zabel:** Opposed? And Resolution 108 is adopted. Thank you. Next up on our agenda is Open Forum. Before we get to that, I have one proclamation to issue recognizing Small Business Saturday. [Reads Proclamation]. Therefore, I, Kevin Zabel, Mayor of Oakdale, do hereby proclaim November 30th, 2024, as Small Business Saturday. We say thank you and we are honored to recognize Small Business Saturday. We are still on our Open Forum. If there's anybody in the audience that would like to step up to the podium, the floor is open.
**[00:18:25] Dan Zimlet (Resident):** Good evening. My name is Dan Zimlet. I live at 7532 31st Street North. We're talking about possibly developing next to Target. Fifteen years ago, the Mayor had a beautiful idea to develop that into a business area, and I still hope that dream happens. I shop in that area; I don't travel to Woodbury if I don't have to. Please consider keeping the business next to Target. I would like to see a restaurant. People are ecstatic about Aldi going in across the street—not going to Maplewood anymore is a dream come true. Let's keep the apartments out; we already have big apartments being put in. Let's keep it a proper business area. Thank you.
**[00:19:33] Mayor Kevin Zabel:** Thank you. Is there anybody else that would like to speak under Open Forum tonight? Seeing none, we're going to go ahead and keep moving to consensus motions. Council members, we have A through D. Are there any you would like to pull?
**[00:19:50] Council Member Kari Moore:** No.
**[00:19:51] Mayor Kevin Zabel:** Seeing none, I'll look for a motion.
**[00:19:52] Council Member Susan Willenbring:** I'll make a motion to approve consensus motions A through D as presented.
**[00:19:56] Mayor Kevin Zabel:** Motion. Is there a second?
**[00:19:57] Council Member Andy Morcomb:** Second.
**[00:19:58] Mayor Kevin Zabel:** Motion and a second. All those in favor say aye.
**[00:20:00] Council Members:** Aye.
**[00:20:01] Mayor Kevin Zabel:** Opposed? Consensus motions are approved. Next up is our opportunity to check in with our advisory boards and commissions. First up was my commission, the Environmental Management Commission. They met last week. They continued to discuss their 2025 work plan and welcomed a new commissioner—we are at six of seven now. Parks and Rec also met. Council Member Morcomb, you were there?
**[00:20:35] Council Member Andy Morcomb:** Yeah, we had a very active meeting. One of the topics of conversation is one of our commissioners became a City Council member, so we do have an opening—they miss you, Kari, on the commission! We talked through the strategic parks plan, drainage in our fields, and Willowbrook North and West parks. Good meeting.
**[00:21:10] Mayor Kevin Zabel:** Staff report. Two items under Community Development. Andrew Gitzlaff, welcome.
**[00:21:15] Andrew Gitzlaff (Community Development Director):** Good evening, Mayor and Council. The item before you is an amendment to the Oakdale Marketplace PUD. In October 2023, Council directed staff to conduct a study of the Marketplace and Oakdale Station PUDs. A moratorium was enacted in June 2024 to allow time to finish the study. On October 29th, Council acted on the Oakdale Station PUD but tabled the Oakdale Marketplace PUD until this meeting. Before you today are two actions: an ordinance adding additional uses within the district, and a resolution changing the design standards. I’d be happy to answer any questions.
**[00:22:45] Mayor Kevin Zabel:** Council members, any questions?
**[00:22:48] Council Member Susan Willenbring:** I have a question for Jim. Did we table it? Do we need a motion to take from the table?
**[00:22:52] Jim Eriksen (City Attorney):** If the word "table" was used, it was just to have staff bring it back at the appropriate time. You don't need a separate motion.
**[00:23:01] Mayor Kevin Zabel:** Council members, two actions. First action, who would like to make that?
**[00:23:05] Council Member Susan Willenbring:** I'll make a motion to wave reading and adopt Ordinance Number 937 amending the Oakdale Marketplace Planned Unit Development to allow commercial retail uses and allow residential uses on certain property.
**[00:23:18] Mayor Kevin Zabel:** There's a motion. Is there a second?
**[00:23:19] Council Member Kari Moore:** Second.
**[00:23:20] Mayor Kevin Zabel:** Motion and a second. Any conversation?
**[00:23:22] Council Member Andy Morcomb:** I'd like to make a comment. Specific to the additional residential uses for this space—it was intended to be commercial. Residents spoke at the Planning Commission about the added pressure on our infrastructure. Adding housing in a busy commercial area poses a safety risk. For that reason, I’m going to be voting no.
**[00:23:43] Council Member Jake Inabnit:** In a perfect world, I would agree, but I think reality doesn't dictate that commercial only is a realistic possibility. Market reality would support residential on the inside. It's been sitting a long time and nothing's happened.
**[00:24:05] Council Member Andy Morcomb:** It’s been slow, but with an addition of another five or six thousand residents, now is the time it would develop. I think it would be good to keep it for that purpose.
**[00:24:20] Mayor Kevin Zabel:** Seeing no other comments, all those in favor say aye.
**[00:24:23] Mayor, Moore, Inabnit, Willenbring:** Aye.
**[00:24:24] Council Member Andy Morcomb:** No.
**[00:24:25] Mayor Kevin Zabel:** Ordinance 937 is adopted 4 to 1. One more recommendation.
**[00:24:29] Council Member Susan Willenbring:** I'll make a motion to wave reading and adopt Resolution 2024-89 amending the 2004 Oakdale Marketplace PUD plan.
**[00:24:37] Mayor Kevin Zabel:** Motion. Is there a second?
**[00:24:38] Council Member Kari Moore:** Second.
**[00:24:39] Mayor Kevin Zabel:** Final comments? All those in favor say aye.
**[00:24:42] Mayor, Moore, Inabnit, Willenbring:** Aye.
**[00:24:43] Council Member Andy Morcomb:** No.
**[00:24:44] Mayor Kevin Zabel:** Resolution 2024-89 is adopted 4 to 1. City Administrator, Christina Volkers.
**[00:24:55] Christina Volkers (City Administrator):** Mayor, Council. This is all surrounding cannabis—regulations for cannabis and hemp. We are required by state statute to get our regulations in place before the end of the year. It establishes regulations, defines distances from schools/daycares, outlines the application process for registration (we are not licensing, we are registering), and addresses special events and zoning. I’m glad to answer any questions.
**[00:26:05] Mayor Kevin Zabel:** Just to clarify—the State is handling licensing, not us. We don't touch the lottery process. Council, who wants to get started?
**[00:26:30] Council Member Jake Inabnit:** I'll make a motion to wave reading and adopt Ordinance Number 938 establishing Article 18 cannabis and hemp business regulations.
**[00:26:40] Mayor Kevin Zabel:** Motion and a second? [Council seconds/votes]. Ordinance 938 is adopted.
**[00:26:55] Council Member Jake Inabnit:** I'll make a motion to adopt Resolution 2024-103 authorizing publication of Ordinance 938 by title and summary.
**[00:27:05] Mayor Kevin Zabel:** Motion and a second? [Council seconds/votes]. Resolution 103 is adopted.
**[00:27:15] Council Member Jake Inabnit:** I'll make a motion to adopt Ordinance Number 939 regulating temporary cannabis events.
**[00:27:25] Mayor Kevin Zabel:** Motion and a second? [Council seconds/votes]. Ordinance 939 is adopted.
**[00:27:40] Council Member Jake Inabnit:** Motion to adopt Resolution 2024-104 for publication of 939. [Council seconds/votes]. Adopted.
**[00:28:00] Council Member Jake Inabnit:** Motion to adopt Ordinance Number 940 identifying appropriate zoning districts for cannabis businesses. [Council seconds/votes]. Adopted.
**[00:28:15] Council Member Jake Inabnit:** Motion to adopt Resolution 2024-105 for publication of 940. [Council seconds/votes]. Adopted.
**[00:28:30] Mayor Kevin Zabel:** I want to go back to those because a resident might be wondering what just happened—firing off six items in 90 seconds. This has been a very long road. Every department in this building has been working on this. I want to offer a very big thank you to staff. We're going to have to continue to make adjustments, but this gets us ready for the changes coming from the state. Jake, you're up, bud. Council presentations.
**[00:29:45] Council Member Jake Inabnit:** I'm going to get phone calls and emails, right?
**[00:29:48] Mayor Kevin Zabel:** I hope your phone just explodes with questions! You're leaving—this is the punishment on your way out. All joking aside, we are creating policy around the things within our control. Carrie or Susie, any presentations?
**[00:30:15] Council Member Susan Willenbring:** Just to mention City Hall is lit up for the holidays.
**[00:30:20] Mayor Kevin Zabel:** I’ll take it! Drive by City Hall—we have holiday lights out for the first time in 20 years. Thank you to Public Works for fixing the underground electric that was broken for years. Also, Happy Thanksgiving to everyone. City offices will be closed Thursday and Friday. Saturday is Small Business Saturday—check out our Oakdale Indoor Market at the Discovery Center from 9 a.m. to 1 p.m. Please complete our community survey by December 5th. Finally, our Truth in Taxation meeting is December 10th at 7 p.m. It will be Jake’s last meeting. Also, Aldi is opening December 6th! Let’s pay some bills. Claims roster for 1.6 million.
**[00:33:30] Council Member Andy Morcomb:** Make a motion to approve claims as presented.
**[00:33:33] Mayor Kevin Zabel:** Motion and a second? [Council seconds/votes]. The bills are paid. Motion to adjourn?
**[00:33:40] Council Member Jake Inabnit:** Moved.
**[00:33:41] Mayor Kevin Zabel:** Second? [Council seconds/votes]. We are adjourned. Thank you and good night.