City Council Meeting - October 29, 2024
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Oakdale Council approves development changes, halts controversial marketplace plan
Certification of Delinquent Utility Accounts
Amendments to Oakdale Marketplace and Oakdale Station PUDs
Neighborhood Concerns and Code Enforcement
Fire Department Vehicle Ordering
Appeal of Administrative Fine for Super Smoke
City Code Revisions: Parks and Recreation (Chapter 15)
City Code Revisions: Liquor Control and Charitable Gambling (Chapter 10)
Acceptance of Donation
Full Document Analysis
Votes (16)
Issuance of On-Sale 3.2% Malt Liquor License to Quantum Sports LLC
Moved by Unknown [3:24] · Seconded by Unknown [3:41]
The Administrator presented the application for a new on-sale 3.2% malt liquor license for Quantum Sports, doing business as Smash Hub. Police background checks found no disqualifying factors. A council member inquired about the short license term, which was clarified as being due to the license year structure (April 1st renewal). No public comment was received.
Certifying Delinquent Utility and Inactive Accounts to Washington County
Moved by Unknown [5:36] · Seconded by Unknown [5:50]
The Finance Director presented the annual certification of delinquent utility and inactive accounts to Washington County for collection through 2025 property taxes. He noted there are 293 accounts with an approximate balance of $138,000. Staff will continue collection efforts until December 15th, with the remaining balance being submitted to the county.
Amendments to the Oakdale Marketplace and Oakdale Station Plan Unit Developments
Moved by Mayor Zabel [23:20] · Seconded by Unknown [23:32]
The Planning Department presented proposed amendments to both PUDs, aiming to diversify land uses and update design standards based on a PUD study. Key themes included allowing residential and specific commercial uses, improved design standards, and a sewer availability charge for new residential development. Property owners, represented by Jack Perry, vigorously opposed the Oakdale Marketplace amendments, asserting they violated existing PUD agreements and threatened legal action, including claims under the compensable takings clause. The City Attorney recommended tabling the Oakdale Marketplace PUD due to the threatened lawsuit to allow for a closed-door legal discussion, while proceeding with the non-controversial Oakdale Station PUD.
Adoption of Resolution 2024-90 (Oakdale Station PUD Amendment)
Moved by Unknown [23:58] · Seconded by Unknown [24:16]
Following the decision to table the Oakdale Marketplace PUD amendments, the council proceeded with the Oakdale Station PUD amendments. These amendments were presented by planning staff as non-controversial, with the Planning Commission having recommended approval.
Adoption of Ordinance Number 936 (Oakdale Station PUD Amendment)
Moved by Unknown [24:23] · Seconded by Unknown [24:37]
As part of the amendments to the Oakdale Station Planned Unit Development, the council adopted Ordinance Number 936. This ordinance allows for residential use on certain properties within the Oakdale Station PUD, reflecting the study's recommendations for additional land use options.
Authorization for Early Ordering of Fire Department Vehicles
Moved by Unknown [49:16] · Seconded by Unknown [49:31]
Fire Chief Wal explained the need to order a new ambulance and an assistant chief's vehicle early due to persistent supply chain issues, rising prices, and delayed deliveries. He clarified that no financial commitment would be made until vehicle delivery, but early ordering helps secure placement and potentially avoid further cost increases. The vehicles are part of the 2025 and 2026 replacement plans.
Administrative Fine Appeal for Super Smoke
Moved by Unknown [1:04:56] · Seconded by Unknown [1:05:07]
Police Chief Newton reported Super Smoke's sale of THC products without a city license, which was denied in March 2023 due to proximity to a daycare. This followed a previous tobacco sales violation to a minor. The Chief characterized the THC sales as a 'willful act.' The store manager, Mahmed Hanon, appealed, citing confusion over complex state THC laws and a lack of clear guidance from state inspectors on city licensing, stating he believed their products were compliant and had removed a significant inventory. The City Attorney clarified the council's discretion to uphold the fine as a second violation.
Adoption of Ordinance Number 935 (Chapter 15 Parks and Recreation)
Moved by Unknown [1:07:27] · Seconded by Unknown [1:07:37]
The City Administrator presented Ordinance Number 935, which amends Chapter 15 of the city code, focusing on Parks and Recreation. These revisions, covering four articles, had been previously discussed during an October 8th Council Workshop. The council was asked to adopt the ordinance and approve its publication by title and summary.
Adoption of Resolution 2024-94 (Publication of Ordinance 935)
Moved by Unknown [1:07:48] · Seconded by Unknown [1:07:58]
This resolution authorized the publication of Ordinance Number 935, which amends Chapter 15 (Parks and Recreation), by title and summary as required.
Adoption of Ordinance Number 933 (Chapter 10 Liquor Control and Charitable Gambling - General Conditions)
Moved by Unknown [1:08:52] · Seconded by Unknown [1:09:07]
The City Administrator introduced Ordinance Number 933, which amends Chapter 10, Article Two of the city code concerning General Conditions for Liquor Control and Charitable Gambling. These changes were based on discussions held in prior work sessions and involved updating language related to notice and hearing requirements.
Adoption of Resolution 2024-96 (Publication of Ordinance 933)
Moved by Unknown [1:09:16] · Seconded by Unknown [1:09:25]
This resolution authorized the publication of Ordinance Number 933, which amends Chapter 10, Article Two (Liquor Control and Charitable Gambling - General Conditions), by title and summary.
Adoption of Ordinance Number 934 (Chapter 10 Liquor Control and Charitable Gambling - Charitable Gambling)
Moved by Unknown [1:09:34] · Seconded by Unknown [1:09:49]
The City Administrator presented Ordinance Number 934, which amends Chapter 10, Article Three of the city code, specifically dealing with Charitable Gambling. This ordinance focused on authorizing and regulating the conduct of lawful gambling, following prior work session discussions.
Adoption of Resolution 2024-97 (Publication of Ordinance 934)
Moved by Unknown [1:09:59] · Seconded by Unknown [1:10:06]
This resolution authorized the publication of Ordinance Number 934, which amends Chapter 10, Article Three (Liquor Control and Charitable Gambling - Charitable Gambling), by title and summary.
Acceptance of Donation for Veterans Memorial Beautification
Moved by Unknown [1:10:55] · Seconded by Unknown [1:11:04]
The City Administrator reported a generous $100 donation from resident Katherine Tronson, specifically designated for the beautification of the Veterans Memorial. The council was asked to formally accept this donation through a resolution.
Approval of Claims Roster
Moved by Unknown [1:16:03] · Seconded by Unknown [1:16:08]
The council reviewed and approved the claims roster for October 9 through October 29, totaling approximately $2.25 million.
Closed Session: Threatened Litigation over Oakdale Marketplace PUD
Moved by Unknown [1:17:23] · Seconded by Unknown [1:17:27]
The City Council entered a closed meeting with the City Attorney to discuss matters protected by attorney-client privilege. The purpose was to receive legal advice regarding the threatened litigation concerning the proposed amendments to the Oakdale Marketplace PUD, with the City Attorney determining that confidentiality was necessary.
Notable Quotes (15)
I just curious why it's only till March 31st of 2025 why such a short period
The license year um council member Markham is April 1 so if they're late they only get it till the next renewal
this uh public hearing is the annual certification for the delinquent utilities and inactive accounts to Washington County for payment on the 2025 property taxes
staff would be collecting on these balances until December 15th and uh so at that point the 138,000 and 290 accounts that is the maximum that would be submitted so any collections until then would be uh included in their balances and then the remaining would be submitted to the county
development must be in substantial conformance with the site plans in place which is an essential part to understand about the Pud
the planning department thinks that the plan attached to the P agreement trumps the Pud agreement the problem with that I will read the language to you was written by your Council Tim Kean allowable uses and vested rights this is what you agreed to 11a except for the special conditions set forth in section 10 allowable uses within the Pud shall be governed by the not the plan C2 comma community commercial zoning District
if you go forward with this you will be sued on this we would prefer not to sue our regulator but we will because we have to you do not have the ability under this agreement to unilaterally do anything with this beauty period end of story
because of the threatened lawsuit over the Oakdale Marketplace PD I am going to recommend that you not act on that tonight... we'll be meeting in close session solely so I can talk to you in confidence about the uh merits pros and cons of any potential lawsuit
We continue to run into supply chain issues price increases delayed in inventory and we're trying to stay ahead of the curve um by ordering a little bit earlier um and still taking delivery within the time frame of the ver um but getting ahead of it to try to alleviate some of those issues and concerns that we have
no Financial commitment until we take delivery of these vehicles we're just trying to stay ahead of it and avoid some of those price increases and Lead times and other factors that go into it
the owner's actions of selling THC product after he applied for a license and he was denied a licens is clearly a willful act in violation of city code
I believe the council has inherent authority to oppose that second penalty when a lensey violates a provision in your city code um related to selling products that require a license that they didn't obtain
it's kind of like a lot of confusion around it then they came up with the law that there's higher potencies lower potencies and we had uh the state stopped by many times at our location the first time we didn't get anything they just destroyed whatever they thought it's not right and the third time actually he said like multiple times um and they found something wrong the third time which is basically when they told uh the police department or like the city of oale that we don't have a license uh they didn't have anything they they cleared that everything in the store is like with the limit and in those three times nobody mentioned that there is a license needed
spoke with you about like uh getting an exception because our location been there before even the daycare and before the law came and it's something like out of my control to be in that location if I knew the law will become before I take that location it's my fault
I've determined that the need for confidentiality to me to give you legal advice regarding the threat and litigation outweighs the need for the public to participate in that discussion
Ordinances & Resolutions (23)
License issued for on-sale malt liquor for Quantum Sports LLC DBA Smash Hub.
Resolution adopted for the annual certification of delinquent utility and inactive accounts to Washington County.
Study conducted by WSB consultants to determine appropriate land uses for the Oakdale Marketplace and Oakdale Station PUDs.
Resolution related to the Oakdale Marketplace PUD Amendment, continued to a future meeting.
Ordinance related to the Oakdale Marketplace PUD Amendment, continued to a future meeting.
Resolution adopted to amend the Oakdale Station Planned Unit Development.
Ordinance adopted to amend the Oakdale Station Planned Unit Development to allow residential use on certain property.
Fund from which a new ambulance was authorized for early ordering.
Fund from which an Assistant Chief's vehicle was authorized for early ordering.
Fine imposed on Super Smoke for selling THC product without a license and previous tobacco violation.
License required for selling THC products, denied to Super Smoke due to proximity to a daycare.
License held by Super Smoke, which was violated by selling tobacco to a minor.
Resolution upholding the administrative fine against Super Smoke.
Section of the city code revised by Ordinance 935.
Ordinance adopted to amend Chapter 15 Parks and Recreation, updating certain language.
Resolution adopted for the publication of Ordinance Number 935 by title and summary.
Section of the city code revised by Ordinances 933 and 934.
Ordinance adopted to amend Chapter 10 Article Two General Conditions, updating language relating to notice and hearing requirements.
Resolution adopted for the publication of Ordinance Number 933 by title and summary.
Ordinance adopted to amend Chapter 10 Article Three Charitable Gambling, authorizing and regulating lawful gambling.
Resolution adopted for the publication of Ordinance Number 934 by title and summary.
Resolution adopted to accept a $100 donation from Katherine Tronson for Veterans Memorial beautification.
Statute cited for conducting a closed meeting to discuss matters protected by attorney-client privilege.