City Council Meeting - November 28, 2023

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This transcript has been formatted with the appropriate speaker identifications based on the context provided and the officials present during the November 28, 2023, meeting. **Note on Council Members:** While the provided context list included Council Members Moore, Severson, and Wrich, the transcript reflects that Council Members **Her**, **Ingon** (Ingham), and **Willenbring** were the members present and participating in this specific meeting alongside Council Member **Morcomb**. *** **[00:00] Mayor Kevin Zabel:** All right, we're going to go ahead and call to order the Oakdale City Council meeting, November 28th, 2023. Sarah, will you take the roll? **[00:05] Sarah (City Clerk):** Council Member Her? **[00:06] Council Member Her:** Here. **[00:07] Sarah (City Clerk):** Council Member Ingon? **[00:08] Council Member Ingon:** Here. **[00:09] Sarah (City Clerk):** Council Member Morcom? **[00:10] Council Member Morcomb:** Here. **[00:11] Sarah (City Clerk):** Council Member Willenbring? **[00:12] Council Member Willenbring:** Here. **[00:13] Sarah (City Clerk):** Mayor Zabel? **[00:14] Mayor Kevin Zabel:** Here. Please join me in the Pledge of Allegiance. **[00:15] 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. **[00:30] Mayor Kevin Zabel:** First up on the agenda tonight is the approval of the agenda. Council members, we have a slightly amended version in front of us. Can I get a motion to approve as amended? **[00:38] Council Member Willenbring:** So moved. **[00:39] Mayor Kevin Zabel:** There's a motion. Is there a second? **[00:40] Council Member Morcomb:** Second. **[00:41] Mayor Kevin Zabel:** Motion and a second. Final comments? All those in favor say aye. **[00:43] Council Members:** Aye. **[00:44] Mayor Kevin Zabel:** Opposed? And the agenda is approved. Next up we have approval of the minutes. Two sets in front of us tonight. First up, minutes from our workshop on November 14th. Council members, any changes or corrections? I'll look for a motion. **[00:55] Council Member Morcomb:** Moved. **[00:56] Mayor Kevin Zabel:** There's a motion. Is there a second? **[00:57] Council Member Ingon:** Second. **[00:58] Mayor Kevin Zabel:** Motion and a second. Final comments? All those in favor say aye. **[00:59] Council Members:** Aye. **[01:00] Mayor Kevin Zabel:** Opposed? And those minutes are approved. Next up, we have regular meeting minutes from November 14th, 2023. Council members, any changes or corrections? I'll look for a motion. **[01:10] Council Member Willenbring:** So I moved—did I do that one? No, regular meeting. Yeah. No, we did Workshop. **[01:15] Mayor Kevin Zabel:** Yeah, Workshop. Regular meeting. Okay. Are you envisioning into the future? I swear I've said go—just go ahead, just go right... **[01:21] Council Member Willenbring:** [Laughs] Move to approve. **[01:22] Mayor Kevin Zabel:** There’s a motion. Is there a second? **[01:23] Council Member Morcomb:** Second. **[01:24] Mayor Kevin Zabel:** Motion and a second. Final comments? All those in favor say aye. **[01:26] Council Members:** Aye. **[01:27] Mayor Kevin Zabel:** Opposed? And the regular meeting minutes from November 14th are approved. Next up, we have a couple public hearings in front of us tonight. First up is support of an application for the Minnesota Investment Fund program. Looks like we have a staff presentation from Community Development Director Gitzlaff. Andy, welcome. **[01:45] Andrew Gitzlaff:** Thank you, Mayor and Council. Yes, the item before you is a support for an application to the Minnesota Investment Fund program (MIF for short). The application is to the Minnesota Department of Employment and Economic Development (DEED). This application is for Pace Analytical, an Oakdale business, to expand within Oakdale. The MIF is a program that is run by DEED, but as part of the program, cities partner with the business to submit the application to DEED for assistance. The purpose of this request for the MIF funds is to allow for an expansion of approximately 7,864 square feet of office space within Oakdale. Pace will be investing in this project a total of $3.6 million over three years, which includes machinery and equipment, building renovations, and the property lease. For the MIF loan where they're seeking state assistance, it would be for $450,000. They estimate that the improvements would create 59 new jobs in Oakdale with an average wage of $43.36 per hour. The loan would be through DEED; it would be set up as a forgivable loan. Loan forgiveness would occur after a set amount of time if all job and wage goals are met. There is another request later on the agenda for the Job Creation Fund through DEED that will request another $500,000, but that'll be taken under a separate action. There is not a public hearing required for that. For the MIF application, there is a public hearing required and a resolution of support is needed from City Council. A couple other points: Oakdale businesses have utilized this program in the past; Optimize Social Media back in 2017 recently completed their grant obligations for that one as well. Financial considerations: Based on the analysis by Baker Tilly, the city's financial adviser, no adverse findings or concerns regarding tax liens, judgments, court actions, and filings were identified. There is a more detailed business credit check review that was prepared by Baker Tilly, and Michaela Hoy, who was the author of that document, is here as well if there's any questions from Council. I will also note that a representative from Pace, Marty Shelton, is also here in the audience tonight; he’s the Vice President. With that, I would be happy to take any questions. And again, a public hearing is also required for this item. **[04:20] Mayor Kevin Zabel:** Thank you, Andy. Council members, any questions for Andy right off the bat? While we're at it, how about questions for Baker Tilly—Michaela? None. How about any questions for Pace? **[04:35] Council Member Morcomb:** No, just... I was going to say just a thank you to Pace for expanding here in Oakdale. Appreciate it. **[04:40] Mayor Kevin Zabel:** All right, we’re checking them all off the box. At this time, we're going to go ahead and open the public hearing. This is an opportunity for anybody in the public to step up to the podium and share any thoughts on this specific agenda item. [Pause] We have someone here for the Open Forum, got it. All right, yeah, I'm kind of telling her to hold. But for now, public hearing on this specific agenda item—if anybody would like to step up, please feel free to do so. All we ask is that you state your name and address for the record and proceed with your comments. Seeing none, we'll go ahead and close the public hearing and bring it back up front for Council consideration. Council members, any final questions or comments? All right, I'll look for a motion. **[05:25] Council Member Morcomb:** I'll make a motion to wave reading and adopt Resolution 2023-118, supporting Pace Analytical Life Sciences LLC’s application for the Minnesota Investment Fund (MIF) and authorizing the Mayor and City Administrator to execute the grant contract and amendments necessary to implement the project on behalf of the city of Oakdale. **[05:45] Mayor Kevin Zabel:** There's a motion. Is there a second? **[05:46] Council Member Willenbring:** Second. **[05:47] Mayor Kevin Zabel:** Motion and a second. Any conversation? All those in favor say aye. **[05:49] Council Members:** Aye. **[05:50] Mayor Kevin Zabel:** Opposed? And that is approved as well. Thank you, Andy. Next up, we have approval of a massage therapist license and premise license. Is there a staff presentation? I can do it, Miss Volkers. **[06:05] Christina Volkers (City Administrator):** Mr. Mayor, City Council, a public hearing is required for approval of this massage therapist and premise license to Tamara Baker at Golden Coast Massage. Staff is recommending approval of this license and premise... therapist license and premise. We invite you to open the public hearing and receive comments, close the public hearing, and consider approving. **[06:30] Mayor Kevin Zabel:** Great. Council members, any questions for Chris? All right, at this time we're going to go ahead and open the public hearing on the topic of approval of a new massage therapist and premise license at 1379 Geneva Avenue North. Seeing no one, we're going to go ahead and close the public hearing. Bring it back up; council members, final questions, anybody? All right, I'll look for a motion. **[06:55] Council Member Her:** I would like to make a motion to approve a new massage therapist and premise license to Tamara Baker at Golden Coast Massage LLC located at 1397 Geneva Avenue North. **[07:05] Mayor Kevin Zabel:** There's a motion. Is there a second? **[07:06] Council Member Ingon:** Second. **[07:07] Mayor Kevin Zabel:** Thank you. Motion and a second. Final comments? All those in favor say aye. **[07:09] Council Members:** Aye. **[07:10] Mayor Kevin Zabel:** Opposed? And that license is—or those licenses are—approved. Next up is Open Forum. This is an opportunity for anybody in the audience to step up to the podium, state your name and address for the record, and share whatever is on your mind. Please feel free. House rules ask people to kindly keep comments to three minutes or so, but we're flexible on that. Please feel free. **[07:35] Melissa Brandt:** Super awesome. My name is Melissa Brandt and I live at 392 Grafton Avenue North. I've lived there for three years now and I sold my house not too far from my house now in Maplewood. I didn't really think much about having a parking lot in my backyard. So I have video—I mean, I've been calling police, I've been contacting people. Especially after tonight, I went and drove... there is nothing good happening on my side of the parking lot. I'm asking for some lights because it's shady. I've seen too many things. I'm an Eastside girl; I've been an Eastsider, you know what I mean? I've been around the block. I know what's going on and I don't want it. It's a safety issue for me and the police have been helpful, but we have no defined rules. So high school kids will park there—that's not okay, that's not part of city code. When it comes to loitering in that parking lot, sometimes it's respected by the police and other times it's pushed away. That's also a safety issue when there's a vehicle that has all of its personal belongings underneath a tarp and they're sleeping there for eight hours. A Saturday police officer says it's a parking lot, they can park there. Because I live on the backside, nothing good is happening there. There is so much other parking and I need a defined rule: who's allowed to park there? I need to know because people will just back in, they've set up hammocks and they're facing my backyard. I get it, it's a park, but if you're doing park stuff, you're going to be down by the park. That parking lot is never full; it's only bad things going on. So I need a definite answer on the rules. Can you just park there? Can you just hang out there? Can you just be looking at me in my backyard and you're not in the park, you're just parking there? And again, for evening time safety and security, I think there needs to be a light put up. The police have been amazing; in the evening they do come through and they do respond and they've told me... you know, I just don't want to be that girl. I don't want to be calling you. You're not police park rangers, I get it. You have bigger, better things to do in your life—you're cops—and I'm sorry. But they're like, "Don't worry about it, we get a lot of good things out of there." And I see a lot of things. So I'm just asking, what do I do? Who do I turn to? The parking lot is the biggest thing right now. I've got other neighbor issues with trailers and stupid things because I mean, I end up spending like $310,000 on a very small home with a very big piece of property and I just feel like I shouldn't have to live in the ghetto. That's kind of how I feel I'm living right now. $310,000 is a lot of money. Thank you. I just need some help. Thank you. **[10:45] Mayor Kevin Zabel:** Thank you. Is there anybody else that would like to make comments during Open Forum? Seeing none, we're going to keep things moving and go on to consensus motions. In front of us tonight we have A through F. Council members, are there any individual ones you'd like to pull for consideration? Seeing none, I'll look for a motion. **[11:05] Council Member Ingon:** I'll make a motion to approve consensus motions A through F as presented. **[11:10] Mayor Kevin Zabel:** There's a motion. Is there a second? **[11:11] Council Member Willenbring:** Second. **[11:12] Mayor Kevin Zabel:** Motion and a second. Final comments? All those in favor say aye. **[11:13] Council Members:** Aye. **[11:14] Mayor Kevin Zabel:** Opposed? A through F are approved as presented. Next was an opportunity to check in with our advisory boards and commissions. EDC did not meet. To me, liaison for the Environmental Management Commission: They met last week right before Thanksgiving. What did they talk about? They're working on their 2024 work plan, and they also had a very interesting presentation from the Washington County Conservation District/The Watershed District about different projects that have been going on in Oakdale and throughout the county. Also highlighting a number of grant opportunities that are available to our residents to do things like plant native plants in their yard or explore rain gardens. Of course, Watershed District staff are there to help throughout the entire process. Those are good opportunities for our residents to look into. Some of the grants can range from 50 to 100 percent of the cost. I think some grants are even up to $15,000. There's grants for private residents, businesses, and nonprofits. There's a lot of opportunity. Oakdale is actually covered by three different Watershed districts, so you may have to look to see which one your property falls within, but they all have different grant opportunities. So that was kind of a cool thing that the EMC reviewed. Parks—their meeting was canceled. No other commission meetings during the month of November. Next up, Award of Bid—nothing tonight. So we will move on to staff reports. We have quite a few tonight from Community Development. So let's welcome our City Planner, Luke McClanahan, to walk us through them. Welcome, Luke. **[13:05] Luke McClanahan:** Thank you, Mayor and Council. So this first one, the Shoreland ordinance... I don't have a PowerPoint, but I will for the next one that comes up here. If you recall, earlier this year, City staff brought to the Council at a workshop an update on the Shoreland ordinance, and we finally have the draft or the final ordinance for presentation for your consideration this evening. You recall that City staff has been working with the Minnesota DNR (Department of Natural Resources) since late 2022 in order to develop a new Shoreland regulation—a set of regulations for the city. Unless a city has adopted its own regulations, state law must be followed, which contains very strict standards for development and redevelopment. Shoreland is defined as land that is located within 1,000 feet of the public water bodies or the ordinary high-water level of those lakes. This is commonly the transition line between what is predominantly aquatic to land-based natural vegetation. In Oakdale, there are three public water bodies: Tanner Lake, Mud Lake, and the Armstrong south portion lake. Adopting the Shoreland ordinance would essentially accomplish several things. The first thing is to ensure that the city is in compliance with state law. The second one is to help protect the Shoreland and the environmentally sensitive features that are in those areas. And then number three is enabling development to occur in a reasonable manner. Particularly, this is focused on the west side of Tanner Lake where there are some vacant parcels the city owns property there; through the state law that's in effect right now, it makes it very difficult to facilitate development there. By negotiating with the DNR and developing the Shoreland ordinance, there's some flexibility that's built into our regulations, mainly for setback requirements—reducing those setback requirements and enabling redevelopment to occur, again, particularly at the Tanner Lake site. Additionally, the ordinance would mainly affect properties that abut those lakes. However, there would be a handful of what we call legal non-conforming properties that would be affected by these; they can continue to be used as such, but there might be some limitations on being able to expand further. The DNR issued conditional approval of the ordinance that's in your packet; that occurred on October 23rd. The Planning Commission heard the request for this ordinance on November 2nd. They held a public hearing and they also recommended approval. Staff is recommending approval of this ordinance. Assuming that the Council approves it, the next step would be to resubmit the ordinance to the DNR for final approval. I'd be happy to answer any questions. **[16:05] Mayor Kevin Zabel:** Thank you. Council members, any questions for Luke? Seeing none, I'll look for a motion. **[16:10] Council Member Willenbring:** I'll make a motion to wave reading and adopt Ordinance Number 912, amending the City of Oakdale Code of Ordinances Chapter 25 to include Article 26 Shoreland Overlay Zoning District. **[16:20] Mayor Kevin Zabel:** There's a motion. Is there a second? **[16:21] Council Member Morcomb:** Second. **[16:22] Mayor Kevin Zabel:** Motion and a second. Final comments? All those in favor say aye. **[16:23] Council Members:** Aye. **[16:24] Mayor Kevin Zabel:** Opposed? And that ordinance is approved. Can I have another motion? **[16:30] Council Member Ingon:** I'll make a motion to wave reading and adopt Resolution 2023-117, authorizing publication of Ordinance Number 912 by title and summary. **[16:40] Mayor Kevin Zabel:** There's a motion. Is there a second? **[16:41] Council Member Willenbring:** Second. **[16:42] Mayor Kevin Zabel:** Motion and a second. Final comments? All those in favor say aye. **[16:43] Council Members:** Aye. **[16:44] Mayor Kevin Zabel:** Opposed? And title and summary is approved. Next up, we have a staff presentation on Marless Center for Early Education. Luke? **[16:52] Luke McClanahan:** Yes, thank you again, Mayor. So we might be able to bring this up here on the screen in a moment. The location of this site is 14870 Helmo Avenue. It's on the west side of Helmo, just south of its intersection with 15th Street. It's adjacent to Northstar Mini Storage and a couple multi-tenant commercial buildings. The purpose of this request is to establish an early education center. In terms of age ranges, you might be wondering, these are children, daycare/preschool age. The zoning for the site is a PUD (Planned Unit Development) which allows the proposed use. Some details on this education center: it would serve approximately 162 children and it would also employ approximately 23 full-time workers. The property is a 1.2-acre vacant site surrounded by other commercial uses, including a vacant parcel to the north. The access for the site would be a new shared access between this parcel and the vacant parcel to the north. I just want to note a northbound turn lane on Helmo Avenue that would serve the site. Here's a look at the site plan. Helmo Avenue, as you can see, is on the right-hand side. Working our way from right to left, you'll see the parking area there paralleling Helmo Avenue, then there's the outdoor play area, a courtyard, and then the building itself is outlined in red. The building is approximately 12,000 square feet. The parking area, as required by the city zoning requirements—the developer would need to provide 60 parking spaces. However, the developer is requesting a PUD amendment for some flexibility to the standards, and they want to reduce that number of parking spaces from 60 to 37. If you recall when this concept plan was presented to the City Council earlier this year, the developer was only proposing 25 spaces. City staff has been working with the developer to increase that number, so they went from 25 to 37, and the developer also provided a detailed parking study to justify their request. Staff is amenable to this deviation given that drop-offs and pickup times are relatively limited and employee parking will be somewhat staggered. Here's a look at the building exterior facades. The developer is requesting a second deviation or PUD amendment from the exterior building materials that are required. According to the zoning code, commercial buildings must consist of at least 70% Class 1 materials, such as brick, stone, and glass. The developer is proposing that the east elevation, which would be the most visible facade fronting Helmo Avenue, would actually exceed the ordinance requirement by having 72% Class 1 materials, mostly brick. However, the north, south, and west facades would consist of what we call Class 2 materials—this is fiber cement exterior insulation finishing system (or EIFS for short). Given that the north, south, and west facades have limited visibility and that the alternative materials would mimic that of cut stone, staff is amenable to this deviation request. There is one final deviation the applicant is requesting, and that is to allow alternative fencing materials. In the original PUD agreement, there is a provision that fencing has to be wrought iron, which just does not appear appropriate for a daycare setting, so staff is also amenable to that change. The Planning Commission held the required public hearing earlier this month, November 2nd, and recommended approval. Staff is recommending approval subject to the ordinance in the packet and the conditions of the resolution for the site plan. I'll briefly summarize those: 1. Approval of an amendment to the PUD. 2. Execution of a development agreement. 3. Permits and approvals through the Watershed District. 4. Approval of site civil construction plans by the City Engineer. 5. Approvals from the Fire Department for hydrant and connection locations. 6. The developer provides an updated photometric plan. 7. Execution of an easement agreement for the shared access. 8. The developer provides an updated site plan showing rooftop and ground mechanical equipment screening. The Planning Commission held the public hearing, but the developer is here if you have any questions. I'd be happy to answer any questions. **[21:10] Mayor Kevin Zabel:** Thank you, Luke. Council members, any questions for Luke? **[21:12] Council Member Morcomb:** Yeah, you said the traffic study was done as a part of this project. I know typically childcare centers have drop-offs before school starts and after school is done, but I know there's close proximity to Eagle Point Elementary just a few blocks away with considerable congestion already. So was that considered as part of the traffic study—the congestion for Eagle Point and the proximity for where the traffic for the childcare center would be? **[21:35] Luke McClanahan:** Yep. And maybe the developer could touch on that a little bit, but no, the traffic analysis or the parking analysis that the developer provided... it didn't account for the kind of that interplay between the other schools that are nearby. Their analysis was more so focused on similar daycares that they have elsewhere in Minnesota—comparable examples. **[21:55] Council Member Morcomb:** Sure. If the developer could speak to it real quick. I know that there's a number of residents that know about the traffic congestion at Eagle Point Elementary, so if you can speak to what you've seen in Minneapolis and other sites. **[22:05] Kristen Denzer:** Yeah, absolutely. Kristen Denzer, 915 Inspiration Parkway, Bayport, Minnesota. Our sites across Minnesota have a variety of different parking situations—some as few as eight parking spaces, some in more of a strip mall setting where there's a vast number of them. What the traffic study demonstrates is the requirement of parking, how many vehicles are actually required, and the time/duration of drop-off. What that shows is that this site has far beyond the parking needs; there isn't any parking need beyond this site. So there wouldn't be people parking in the blocks close to the school impacting the traffic there. **[22:45] Council Member Morcomb:** Perfect. If you could speak real quick to the common pickup and drop-offs for people who use your services. **[22:50] Kristen Denzer:** Yeah. For drop-off and pickup, parents at our center... they park. They don't stop in front of the school because they’re very young kids; they’re required to bring their child to the classroom and then they leave. I think the study found the average time was a couple minutes. I don’t recall the exact number of seconds, but it showed the length of time and that was about the average, so it was very brief. We've seen this... we had a fair amount of parking concerns with one of our centers in particular that has almost 300 children and only has, I think, six parking spaces and is on a busy, busy street. What residents found once we opened is that the time at which parents are actually on-site is very fast. In the morning, they're getting to work. In the afternoon, they want to get their kids home and have dinners; it’s late. So it's very, very brief. The busiest time of drop-off and pickup typically is that 7:30 to 8:00 a.m. time, and then in the afternoon it's that 4:00 to 4:45 time period, but it is open until 5:30. **[23:55] Council Member Morcomb:** Perfect. So what I'm hearing is it's outside the time typically where the largest backups for the local elementary occur, and also you've added extra spots to accommodate. You've done traffic studies—I just wanted to make sure there was consideration for that portion of it. So thank you very much. **[24:10] Kristen Denzer:** Yeah, absolutely. **[24:12] Mayor Kevin Zabel:** Council Member Morcomb, as a follow-up to that—maybe for Luke—could you talk a little bit about the distinction between a project-specific parking study and a more neighborhood-wide or regional traffic study? I know one's not always required with the other. In this case, the City Council requested a parking study; I assume we didn't ask for a larger traffic study just because of the size of the project. I know we have done that with larger projects in the past, but in your world in Community Development, they are looking at different things, correct? **[24:45] Luke McClanahan:** That's correct, Mayor. The parking really is dialed into just this site and spillover effects it might have on the immediate properties and in particular Helmo Avenue. We want to make sure that that is not being congested or blocked off. But it would be maybe a bit onerous to expand out and have a full-blown neighborhood analysis, parking study, and traffic counts. **[25:10] Mayor Kevin Zabel:** Thank you, Luke. Council members, what other questions do we have? Anything? All righty, I'll look for a motion. **[25:20] Council Member Morcomb:** I'll make a motion to wave reading and adopt Ordinance Number 913, approving an amendment to the Northstar Mini Storage Planned Unit Development. **[25:30] Mayor Kevin Zabel:** There's a motion. Is there a second? **[25:31] Council Member Willenbring:** Second. **[25:32] Mayor Kevin Zabel:** Motion and a second. Final comments? All those in favor say aye. **[25:34] Council Members:** Aye. **[25:35] Mayor Kevin Zabel:** Opposed? And that PUD amendment and site plan are approved. One more action on this item? I have a motion. **[25:40] Council Member Ingon:** I'll make a motion to wave reading and adopt Resolution 2023-116. **[25:45] Mayor Kevin Zabel:** [Wait for second] Congratulations, thank you. Next up, another one from Community Development. Mr. Gitzlaff is back. Job Creation Fund program. **[25:55] Andrew Gitzlaff:** Thank you, Mayor and Council. Back again. As alluded to before, there's a second part to this action for Pace Analytical. They have a second application to DEED for the Job Creation Fund. This application is for $500,000. A resolution of support is required from the city for this application; a public hearing is not required. One distinction between this one and the MIF loan: our role as a city is much less involved. With the MIF loan, we're actually a conduit; DEED provides us the money, then we have a subrecipient grant to Pace. In this case, it's simply passing the resolution of support, and if awarded, DEED provides the funding directly to the business. As part of the recommendation, we are required to pass findings of fact. Briefly: 1. The project is in the public interest and encourages growth, prevents movement outside MN, and creates new high-wage jobs. 2. The project would not reasonably occur solely through private investment. 3. The project conforms to the general plan. 4. The project affords maximum opportunity for private enterprise. I’d be happy to answer any questions and note again that Baker Tilly is here as well as the applicant. **[27:15] Mayor Kevin Zabel:** Excellent. Thank you, Andy. Council members, any questions for Mr. Gitzlaff? How about Baker Tilly? How about the applicant? All right, we're good. I'll look for a motion. **[27:25] Council Member Her:** I'd like to make a motion wave reading and adopt Resolution 2023-119, supporting a Job Creation Fund application in connection with Pace Analytical Life Sciences LLC. **[27:35] Mayor Kevin Zabel:** There is a motion. Is there a second? **[27:36] Council Member Morcomb:** Second. **[27:37] Mayor Kevin Zabel:** Motion and a second. Final comments? All those in favor say aye. **[27:39] Council Members:** Aye. **[27:40] Mayor Kevin Zabel:** Opposed? And that is approved. Thank you, Andy. Next up, Police Chief Newton. Come on down. Welcome. **[27:50] Nick Newton (Police Chief):** Thank you, and good evening Honorable Mayor, members of the Council. Tonight I'll be here to discuss a tobacco sales license request made by A&M Trading, business name of Super Smokedale, located at 7141 10th Street. The applicant, Mr. Ibrahim Mel, is here in the audience with us tonight. In October of 2018, the City Council denied a tobacco license to the then-owner Haim Unice. Also in October of 2018, City Council denied a tobacco license to Haim Unice's business partner, Mr. Ibrahim Mel, through a separate city resolution. Since 2018, Super Smokedale has operated without a tobacco sales license. In July of this year, Mr. Mel applied for a license. He noted that Haim Unice was no longer affiliated with ownership or operations and he had a new business partner. The Police Department conducted a background investigation which revealed no criminal history. However, we contacted other cities where Ibrahim Mel operates businesses. Big Lake, Hastings, and Maplewood reported no concerns. However, Prior Lake reported five incidents to note: - December 2021: Failed tobacco compliance check (sale to minor). - March 2022: Passed compliance check. - November 2022: Letter regarding sale of THC products without a license. - December 2022: Failed tobacco compliance check (sale to minor). - January 2023: Found selling THC product without a license. That information was forwarded to Prior Lake City Administration. Mayor, the Police Department is not making a recommendation; rather, we are recommending that the City Council consider all of this information and decide on this matter. I'll turn it back over to you. **[30:10] Mayor Kevin Zabel:** Thank you, Chief. Council members, any questions for Chief Newton? I have a question for Jim. We tabled this item; do we need a motion to take from the table before we act on it, or how do you want to handle this? **[30:22] Jim Thompson (City Attorney):** No, Mr. Mayor, you don't need to because it was tabled to tonight, to a specific date. So you don't need to. **[30:28] Mayor Kevin Zabel:** That works, thanks Jim. Council members, one last check for questions for Chief Newton? All right. I'm going to go ahead and make a motion denying the issuance of a tobacco sales license for the current term to expire on December 31st, 2023, to A&M Trading LLC doing business as Super Smokedale at 7141 10th Street North, and direct staff to prepare a finding of fact memorandum for Council consideration on December 12th, 2023. There's a motion. Is there a second? **[30:55] Council Member Morcomb:** Second. **[30:56] Mayor Kevin Zabel:** Motion and a second. Final comments? **[30:58] Jim Thompson (City Attorney):** Mr. Mayor, just so it's clear... the motion was to actually deny, was it just to send back to staff to come back with a resolution for denial? **[31:05] Mayor Kevin Zabel:** Deny. And I assume it's based on the information contained in the police report, including the information that the police chief summarized with respect to the Prior Lake incidents, correct? But we are also asking staff to prepare findings of fact with that information included that'll be accepted publicly on December 12th. Thank you. There's a motion, a second. Final comments? All those in favor say aye. **[31:25] Council Members:** Aye. **[31:26] Mayor Kevin Zabel:** Opposed? And that motion to deny the issuance of a tobacco license is approved. Next up, let's check in with our City Attorney, Mr. Thompson. **[31:35] Jim Thompson (City Attorney):** Mr. Mayor, members of Council, nothing specific to report but happy to answer questions. **[31:40] Mayor Kevin Zabel:** Anybody have questions for Jim? All right, let's turn to our right. Check in with City Administrator Volkers. **[31:45] Christina Volkers:** Mr. Mayor, Council, I don't have anything to report. **[31:48] Mayor Kevin Zabel:** Anybody have questions for Chris? All right. Council presentations. Anybody want to go first? **[31:55] Council Member Ingon:** Sure, I have nothing. **[31:57] Council Member Morcomb:** You guys laugh every time I say it, I know. I can go real quick. Just because there's so much development going on in the city right now, I just want to encourage residents: you can reach out to the city, you can reach out to us as elected officials, but the city does have a really nice development website with a tracker where you can get updates on everything that's going on. You don't always have to email an elected official when you see a chain-link fence to ask what the heck's going up over there, although it is fun to answer those questions. So just encourage people as we do more development, use the resources that you have and check out the website. It's a really good place to go. That's my pitch. **[32:40] Mayor Kevin Zabel:** Council members Willenbring or Her, anything? **[32:42] Council Member Willenbring:** Nothing for me. **[32:43] Council Member Her:** No, nothing for me. **[32:44] Mayor Kevin Zabel:** All right, I have a few. First, a very exciting update: yesterday, Monday, we had a ceremonial ribbon cutting for the new... I'm going to call it the Helmo-Bilenberg Bridge. I know it ticks off our neighbors in Woodbury, but that's what I'm calling it. This is a long-anticipated bridge that's providing a valuable second connection over I-94 between Oakdale and Woodbury. Something that this community has wanted and needed for a very, very long time. It's part of the Gold Line BRT project and will help improve traffic flow, especially easing some of the congestion at Radio Drive and Inwood Avenue. We expect it to open to the public—even though we cut the ribbon—we expect it to open to the public later this week. It's kind of dependent on the weather; the crews haven't been able to put the road striping down because it's been so cold. As soon as they can, as soon as it warms up, they will get that down and it'll be open to the public. As soon as the county lets us know, we will put it on social media, so keep an eye out there. But this is a very important project for our community and for Woodbury. The bridge is enormous, and it's tremendous that it's going to accommodate vehicles, buses and dedicated lanes, pedestrians, bikes—everything all in one bridge. They really did it right and it's a very positive thing for our community moving forward. Next up, we have the deadline for submitting photos for the fall photo contest this Thursday, November 30th. This contest is open to all Oakdale residents and images must be taken in the city of Oakdale. More information can be found on the City website. We have the Oakdale indoor market Saturday, December 9th, from 9:00 a.m. to 1:00 p.m. at the Discovery Center. So mark your calendars. Great opportunity to search for some special gifts or holiday treats. I was out there a couple weeks ago and the place was packed with vendors and packed with shoppers, which was great to see. I even got some really cool pottery stuff, so my Christmas shopping is almost done. A big congratulations to Carol Maes Center for Children and Families. They announced on social media today that they are a recipient of a $50,000 Good Neighbor Grant from Ascendum. They have been in this community educating young learners for over 50 years. So congratulations to them. For nonprofits like that, that is a huge amount of money and they do tremendous work in this community. Finally, our annual Truth in Taxation meeting will be held in two weeks on Tuesday, December 12th at 7:00 p.m. here in Council Chambers. At this meeting, our Finance Director will make a presentation about the proposed 2024 city of Oakdale budget. The public is invited to attend in person or watch live on YouTube. To learn about the budget in advance, you can go to our city website and use our OpenGov tool. This provides 24/7 access to our city's finances. It's a great tool for transparency. You can see everything that's being proposed and how we're going to pay the bills. I want to add one we took action on earlier but I forgot to call it out at that moment. We have a new Finance Director in the city. Yes, I mentioned him under the Truth in Taxation, but on behalf of the Council, I want to send a big congratulations to Kyle Staska, going from our accounting manager to Finance Director. A very well-deserved promotion. He has been doing incredible work for two years now. Congratulations, Kyle, we know you're going to do tremendous work with our city's finances. Well done. That's all I got. Let's pay some bills. We have the claims roster in front of us, November 15th through November 28th, $1.1 million and change. Council members, were there any questions on the claims? Can I have a motion? **[37:15] Council Member Willenbring:** Make a motion to approve claims as presented. **[37:17] Mayor Kevin Zabel:** There's a motion. Is there a second? **[37:18] Council Member Ingon:** Second. **[37:19] Mayor Kevin Zabel:** Motion and a second. Final comments? All those in favor say aye. **[37:21] Council Members:** Aye. **[37:22] Mayor Kevin Zabel:** Opposed? And the bills are paid. Can I have a motion to adjourn? **[37:25] Council Member Morcomb:** Move. **[37:26] Mayor Kevin Zabel:** There's a motion. Is there a second? **[37:27] Council Member Ingon:** Second. **[37:28] Mayor Kevin Zabel:** Motion and a second. All those in favor say aye. **[37:29] Council Members:** Aye. **[37:30] Mayor Kevin Zabel:** Opposed? We are adjourned. Thank you.