This transcript has been formatted according to your specifications. Please note that while several names were provided in your list, the transcript audio refers to a "Council Member Noah Her" and "Council Member Iner Britton," who may have been serving at the time of this specific recording. [00:00] **Mayor Kevin Zabel:** ...small change to make. I'm going to add an item under consent. It'll be item M and it reads as follows: the city council makes a motion to appoint Laura KD to the tree board for a period of June 12th, 2024, through June 30th, 2026. Council members, can I get a motion to approve the agenda as amended? [00:20] **Council Member:** So moved. [00:21] **Mayor Kevin Zabel:** There's a motion. Is there a second? [00:23] **Council Member:** Second. [00:24] **Mayor Kevin Zabel:** Motion and a second. All those in favor say aye. [00:26] **Council Members:** Aye. [00:27] **Mayor Kevin Zabel:** Opposed? And the agenda is adopted as amended. Next up we have approval of minutes. We have two sets in front of us tonight. First up, Workshop meeting minutes for May 28th, 2024. Council members, any changes or corrections? I'll look for a motion. [00:39] **Council Member:** So moved. [00:40] **Mayor Kevin Zabel:** There's a motion. Is there a second? [00:41] **Council Member:** Second. [00:42] **Mayor Kevin Zabel:** Motion and a second. Final comments? All those in favor say aye. [00:45] **Council Members:** Aye. [00:46] **Mayor Kevin Zabel:** Opposed? And the workshop meeting minutes are approved. Next up we have regular meeting minutes from May 28th, 2024. Council members, any changes or corrections? Look for a motion. [00:54] **Council Member:** So moved. [00:55] **Mayor Kevin Zabel:** There's a motion. Is there a second? [00:56] **Council Member:** Second. [00:57] **Mayor Kevin Zabel:** Motion and a second. Any final comments? All those in favor say aye. [00:59] **Council Members:** Aye. [01:00] **Mayor Kevin Zabel:** Opposed? And the regular meeting minutes are approved as well. Next up on the agenda is public hearings. We don't have any listed tonight, so we will move into Open Forum. Before we open the floor to anybody that would like to speak, I have one item that I would like to cover, and it is a certificate of recognition for Bill Burns, who is departing as Economic Development Commissioner. Bill Burns has served on oakdale's Economic Development Commission since 2010. For the last three years, Bill has enthusiastically served as chair of the commission. Throughout his time on the EDC, he served on various subcommittees to review city initiatives and offer recommendations to the city council. Bill has been instrumental in business retention efforts within the city, visiting many businesses over the years and speaking to business owners to get their feedback and perspectives. Bill also serves on the Oakdale Area Chamber of Commerce Board of Directors and helped to provide a strong relationship among the EDC, the city, and the Oakdale Chamber. It is evident that Bill Burns cares deeply about local businesses and the community. On behalf of the city council, the Economic Development Commission, and our city as a whole, we want to thank Bill Burns for 14 years of dedicated service. Bill was also our city's Volunteer of the Year in 197—no, '41. There you go. Bill, please join us up front. we have a certificate of appreciation. We want to grab a photo with you. Council members, come on down. Do you want to say anything? Okay. All right, count of three. One, two, three. One, two, three. One, two, three. Thank you. All right, want to say a few words? [02:40] **Bill Burns:** God Bless America. I'm going to go for ice cream. No, you're not all invited. [Applause] [02:48] **Mayor Kevin Zabel:** We are still under open forum, so if there's anybody that would like to step up to the podium and share anything, any thoughts that they may have, please feel free to do so. All we ask is you begin with your name and address for the record. Our public comment rules limit comments to three minutes or so, so please be mindful of the time. But please feel free, welcome. [03:10] **Dan Regan:** My name is Dan Regan. I'm with Launch Properties, here to talk on an agenda item on tonight's agenda. My address is 9485 Whistling Valley Trail in Lake Elmo. Good evening, honorable members of the City Council. I come before you today not only as a representative of Launch Properties, but also as a deeply invested member of this community. For decades, our presence in Oakdale has been more than just about business; it's been about building relationships, creating opportunities, and contributing to the fabric of this city and many others nearby. As a longtime property owner in Oakdale, our commitment to Oakdale has been unwavering. As owners of multiple businesses, we've not only provided jobs for community members but have also served as a cornerstone for economic growth and development. We've financed countless individuals and businesses, believing in the potential of our fellow community members and supporting them in their endeavors. Our involvement in Oakdale has extended far beyond the realm of business. We've actively participated in community initiatives, supported local events, and sponsored causes meaningful to Oakdale residents. And it's with this deep-rooted connection to Oakdale that I express my opposition to the proposed moratorium on our land use application. Read any of the local trade publications and press: moratoriums are bad for business. They cause uncertainty in the community and they make cities look unprofessional for bringing negative headlines upon themselves. This moratorium not only threatens the vested rights of the property owners under the existing PUD agreement, but it also jeopardizes the future of our community-driven projects, including the development of a Les Schwab Tire Center. Furthermore, it's essential to highlight that our application has already been subject to significant delays imposed by the city. Since our initial concept review meetings began back in early 2023, we've encountered nothing but obstacles and maneuvers from the city that have impeded our progress. Despite these challenges, we've remained steadfast in our commitment to this project and to Oakdale. Given this context, I urge each and every one of you to consider what adapting a moratorium now would truly change. We've not wavered, nor do we plan to. Instead of hindering our efforts, let's work together to overcome these challenges and move forward in a manner that respects the rights and investments of all parties involved and create a project the community can be proud of. In closing, I want to reaffirm our commitment to Oakdale and its residents. We're not just here for today; we're here for the long haul. Thanks for considering my thoughts and opinions. [06:05] **Mayor Kevin Zabel:** Thank you. Is there anybody else that would like to speak under open forum tonight? Welcome. [06:12] **Greg Brady (Launch Properties Representative):** Thank you. Greg Brady, 80 South 8th Street, Minneapolis, Minnesota, 55402. I represent Launch Properties. I think you're going to hear from several of us tonight. My perspective here, or my role here, is to provide a little background to you on the proposed development and our perspective on that. Launch Properties is a developer under contract to purchase property that would possibly be subject to this moratorium. It's in the Oakdale Marketplace Third Edition, and Launch Properties desires to develop a Les Schwab Tire Center at the site and has an agreed-to LOI with Les Schwab. We've been working on this project with the city in good faith since February 2023. We've been working to create a two-building development on the property comprised of a Les Schwab and a bank. We were previously ready to submit in January 2024, but we waited at the encouragement of city staff until a consultant had completed a PUD study. We tried to wait as a good partner with the city. When the consultant provided its analysis in February 2024, we re-approached the city and listened to the comments. In the comments, there was nothing about needing a restaurant or a restaurant being a viable option—in fact, it was the contrary. So we were informed by city staff, despite the analysis from the consultant not really providing much information—city staff, paraphrasing, said council's direction was unanimous in restricting auto-oriented uses and another financial institution from being established on the property. Council wants a multi-tenant building with one or two fast-casual restaurants. That was from the council workshop on March 12, 2024. I'm not sure where there's a right to require two restaurants in a multi-tenant building since the PUD in place since 2005 allows for one building with retail uses. There's nothing in that PUD requiring multi-tenant or restaurants. Through follow-up correspondence with city staff trying to clarify what happened, city staff provided that its interpretation of retail includes tire and battery sales. As a result, we abandoned the two-building development that would require a PUD amendment; instead, we directed Les Schwab to proceed with a one-building retail development, which does not need a PUD amendment. It seems like our reward for trying to be a good partner in waiting for the consultant's analysis is now the possibility of a moratorium. I fail to see any purpose in the moratorium other than creating delay and discouraging the current development. The city has no right to unilaterally change the PUD zoning. Once the moratorium is lifted, a tire center can again apply without needing a PUD amendment. I request that you reject the memorandum or, if you implement it, grandfather our development in and exclude our development from it. Thank you for your time. [09:05] **Mayor Kevin Zabel:** Thank you. Is there anybody else that would like to speak under open forum tonight? Welcome. [09:12] **Daniel Terwilliger:** Thank you. Daniel Terwilliger, 13012 June Terrace, Minnetonka, Minnesota. I just have a letter tonight from the current landowner that I was going to pass out to you guys. I'll read it. You can give it to our city clerk. So this is written by Michael Elliott, one of the current landowners that we have the contract under purchase with. "Dear Council members: Oakdale Marketplace LLC is the owner of Outlot C, Oakdale Marketplace and Outlot A, Oakdale Marketplace Third Edition. The PUD agreement for Oakdale Marketplace determines allowable uses on our property and provides that no change to the city's regulations, comprehensive plans, or official controls shall affect the owner's rights. The PUD agreement states that the PUD agreement runs with the land, benefits future owners of the property, and cannot be amended without the party's consent. We have entered into a purchase agreement to sell a portion of our property for development of a Les Schwab Tire Center, consistent with the current PUD agreement, and a site plan and preliminary plat application have been submitted to the city. We are not willing to amend the PUD agreement regarding any of our property. We are opposed to the moratorium, which appears to be an attempt to block or delay the proposed development. The moratorium would conflict with our vested rights under the PUD agreement and may cause financial loss if it affects the pending sale. We ask Oakdale City Council to honor the PUD agreement and not attempt to place a moratorium on the development of our property. Signed, Michael Elliott." Thank you. [11:00] **Mayor Kevin Zabel:** Thank you. Is there anybody else? [11:04] **Michael Klemm:** Good evening Mayor, Council members. My name is Michael Klemm. I'm an attorney with the Hellmuth and Johnson firm at 8050 West 78th Street in Edina. Our firm represents Les Schwab Tire Centers specifically with regard to leasing a part of the land that is legally described as Outlot A of Oakdale Marketplace Third Edition, and that is for development and use that is in compliance with the current PUD agreement. It is our position that the city does not have authority to place a moratorium that's applicable to development of that property as a Les Schwab Tire store. First of all, the PUD agreement establishes the allowable use and determines the zoning for that property. It specifically includes retail and service uses which deal directly with a customer. Secondly, the PUD agreement establishes vested rights. It says that no change in city regulations, comprehensive plan, or official controls shall affect or restrict the rights of the developer. Thirdly, the PUD agreement benefits the successors and assigns and runs with the land. It is a contract between the city and the owners. Fourth, the PUD agreement cannot be amended without the owner's consent. The city's authority is based on a statute regarding its right to put an interim ordinance or a moratorium in place. That statute specifies that the purpose of a moratorium is only to protect the planning process and the health, safety, and welfare of the citizens. In this case, the planning process was completed back in 2005. So if a moratorium is put in place, even if the city is doing a study, the planning process has already been completed. Minnesota case law has determined that a moratorium cannot be used specifically to try to delay or prevent a single project. We understand in this case that the city is looking at a moratorium that applies to a lot of different properties, but with respect to the Les Schwab project, the moratorium as it applies to that parcel is really just to block this particular project. We simply request that the city refrain from attempting to delay or prevent this project by adopting a moratorium. Thank you. [14:05] **Mayor Kevin Zabel:** Thank you. Is there anyone else that would like to speak under open forum tonight? Seeing none, we're going to go ahead and move forward with our consensus motions. Council members, we have consensus motions A through M. Are there any that individual council members would like to pull for individual consideration? [14:25] **Council Member:** Make a motion to approve consensus motions A through M as presented. [14:28] **Mayor Kevin Zabel:** There's a motion. Is there a second? [14:29] **Council Member:** Second. [14:30] **Mayor Kevin Zabel:** Motion and a second. Final comments? All those in favor say aye. [14:33] **Council Members:** Aye. [14:34] **Mayor Kevin Zabel:** Opposed? And A through M are approved as presented. Next up is our opportunity to check in with our advisory boards and commissions. The Economic Development Commission is up first and they met last week. Council Member Her? [14:48] **Council Member Noah Her:** Yes, hi. You know, I do want to just before I get started apologize—it was a meeting that I had missed. I went back and reviewed the video and the recording of it. I want to first off apologize to my Commissioners for that mismanagement of my calendar there. What the commission did talk about—they did some training with our City Administrator just to get caught up on how to run a meeting and everything. They also discussed some of the BRE visits that have happened in the past six months here, and they also talked about some zoning code updates that are happening. And then Administrator Volkers also updated the commission on just some other zoning plan updates that we'll be looking at as a council. [15:42] **Mayor Kevin Zabel:** Great. Thank you, Noah. The only other commission that met was the Planning Commission. Council Member Iner Britton is their liaison and he couldn't be with us tonight, so we will carry over his update to our next council meeting. Nothing under Award of Bids, so we will move into staff reports and check in with Community Development. We have a couple items there. Hannah, come on down. Welcome. [16:05] **Hannah (Staff):** Thank you, Mayor and Council. Tonight I'm presenting the city with the recently awarded certificate that designates Oakdale as a bronze community in the Charging Smart program. This designation program prepares and recognizes communities for electric vehicle readiness. Actions that Oakdale has taken to earn this bronze designation include adopting an ordinance that incorporates requirements for EV charging infrastructure, completing the EV Ready Community Study, hosting EV owners at a Touch-a-Truck event, and conducting an analysis to better understand opportunities to incorporate EVs into the city's fleet. Oakdale was one of nine Minnesota communities that were the first in the nation to be designated. It's an exciting time to continue making Oakdale an EV-friendly city. Thank you for your support. [16:55] **Mayor Kevin Zabel:** Thank you, Hannah. Picture? Picture. We'll come on down. We can accept with staff and council, that'd be great. Count of three. One, two, three. One, two, three. One, two, three. Thank you. You know, on that item I want to offer the city council's deep appreciation to our staff and our Environmental Management Commissioners. This is a very good first start for our work in this space and we're excited to see it keep going. We have another item under Community Development tonight: an interim moratorium for land use applications. I believe our Community Development Director, Andrew Gitzlaff, is going to tackle this one. Welcome. [17:50] **Andrew Gitzlaff (Community Development Director):** Thank you, Mayor, thank you Council members. Yes, the item is for a moratorium for land use applications in Oakdale Marketplace and Oakdale Station Planned Unit Development. A little bit of background here: there has been some renewed development interest in both of these PUDs, therefore the city initiated a study back in December of 2023. Staff worked with a consultant, WSB, to prepare the study and develop recommendations for potential changes. The project team discussed the study with City Council at a workshop on March 12th and obtained informal direction. Next steps: City staff is working on finalizing the PUD ordinance amendments. Several developers have indicated interest in this area, including one that has submitted a formal land use application since the drafting of this memo. Additional time is needed, however, for the city to process the PUD amendments that are recommended from the study. Enacting a moratorium would allow the city staff sufficient time to make informed decisions and better guide developers in the area. We are requesting that this moratorium be for up to six months. This wouldn't affect any internal improvements to any tenants or building permits as long as there is no expansion of existing uses. The two actions requested are that the City Council adopt Ordinance 926 and adopt Resolution 2024-48. [19:40] **Mayor Kevin Zabel:** Council members, any questions for Mr. Gitzlaff? Being none, I'll look for a motion. [19:45] **Council Member:** I will make a motion to wave reading and adopt Ordinance Number 926, an interim ordinance establishing a moratorium on development in the Oakdale Marketplace and Oakdale Station Planned Unit Developments. [19:58] **Mayor Kevin Zabel:** There's a motion. Is there a second? [20:00] **Council Member:** Second. [20:01] **Mayor Kevin Zabel:** Motion and a second. Final comments? All those in favor say aye. [20:04] **Council Members:** Aye. [20:05] **Mayor Kevin Zabel:** Opposed? [20:06] **Council Member:** Nay. [20:07] **Mayor Kevin Zabel:** And that ordinance is adopted 3 to 1. We have another recommendation regarding publication by title and summary. Can I get a motion? [20:15] **Council Member:** I'll make a motion to wave reading and adopt Resolution 2024-48. [20:19] **Mayor Kevin Zabel:** Motion and a second? All those in favor say aye. [20:21] **Council Members:** Aye. [20:22] **Mayor Kevin Zabel:** That passes unanimously. Andy, anything else? [20:25] **Andrew Gitzlaff:** That's it. Thank you very much. [20:27] **Mayor Kevin Zabel:** Now is our opportunity to check in with our City Attorney, Jim Thompson. Jim, welcome. Anything for us? [20:33] **Jim Thompson (City Attorney):** Mr. Mayor, members of the Council, nothing specific to report but happy to answer any questions. [20:38] **Mayor Kevin Zabel:** Council members, any questions for Jim? All right, let's turn the other way and check in with our City Administrator, Chris Volkers. [20:45] **Christina Volkers (City Administrator):** Thank you, Mayor and Council. I do have one item. There's been a donation to the city in the amount of $100 for EMS services that the city provided to a resident. A resident submitted a donation for the continuing operation of EMS services. So I'd like to ask for a motion to approve that. [21:05] **Mayor Kevin Zabel:** Council members, any questions for Chris? All right, I'll look for a motion. [21:09] **Council Member:** I'll make a motion to wave reading and adopt Resolution 2024-50 accepting the donation from Mark Bolman in the amount of $100. [21:18] **Mayor Kevin Zabel:** There's a motion. Is there a second? [21:19] **Council Member:** Second. [21:20] **Mayor Kevin Zabel:** Motion and a second. Final comments? All those in favor say aye. [21:23] **Council Members:** Aye. [21:24] **Mayor Kevin Zabel:** Opposed? And that resolution is adopted. Anything else, Chris? [21:28] **Christina Volkers:** No, thank you. [21:29] **Mayor Kevin Zabel:** All right, let's check in on Council presentations. Anybody want to go first? Nothing? Okay. I have a few items. First, a reminder: city offices will be closed on Wednesday, June 19th, in observance of the Juneteenth holiday. Emergency services are available; staff will be back on Thursday the 20th. Please feel free to stop by the Oakdale Farmers Market this Wednesday, June 12th, from 2:00 to 6:00 p.m. in the City Hall parking lot. City staff will also be on site with food scrap pickup program information and trial kits. Every summer, the city recognizes eye-catching properties with the Oakdale Acorn Award. We're asking residents to nominate properties by June 30th. Hard to believe, but Oakdale Summerfest is just two weeks away, June 24th through the 29th. On June 24th, we have the Chamber of Commerce golf tournament and the Medallion Hunt kicks off. Thursday is the Ted Bearth Grand Parade starting at 6:00 o'clock. We have live music at the Walton Bandshell Thursday, Friday, and Saturday night. New this year is a great lineup of kids' programming. Saturday is also the Nature Preserve 5K, and it all caps off with our 50th Anniversary fireworks spectacular over Walton Park right around 10:00. Finally, we had a groundbreaking yesterday at the Forefront retail property—the old Imation campus. The groundbreaking was for Aldi and a Starbucks. They are expected to open in early 2025. That's all I got. Let's pay some bills. Council members, we have a claims roster in front of us from May 29th through June 11th in the amount of 1.68 million and change. Was there anything on the claims roster council members wanted to pull off? All right, can I get a motion? [24:15] **Council Member:** Motion to approve claims as presented. [24:17] **Mayor Kevin Zabel:** There's a motion. Is there a second? [24:18] **Council Member:** Second. [24:19] **Mayor Kevin Zabel:** Motion and a second. All those in favor say aye. [24:21] **Council Members:** Aye. [24:22] **Mayor Kevin Zabel:** Opposed? And the bills are paid for another two weeks. Can I get a motion to adjourn? [24:26] **Council Member:** So moved. [24:27] **Mayor Kevin Zabel:** There's a motion. Is there a second? [24:28] **Council Member:** Second. [24:29] **Mayor Kevin Zabel:** Motion and a second. All those in favor say aye. [24:31] **Council Members:** Aye. [24:32] **Mayor Kevin Zabel:** We're adjourned. Thank you and good night.