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HomeMy WebLinkAbout08-28-23-R 'It ,-ARDEN HILLS Approved: September 25, 2023 CITY OF ARDEN HILLS,MINNESOTA REGULAR CITY COUNCIL MEETING AUGUST 28, 2023 7:00 P.M. -ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor David Grant called to order the regular City Council meeting at 7:00 p.m. Present: Mayor David Grant, Councilmembers Tom Fabel, Brenda Holden, Tena Monson and Emily Rousseau Absent: None Also present: City Administrator Dave Perrault; Public Works Director/City Engineer David Swearingen; Community Development Director Jessica Jagoe; City Attorney Joel Jamnik; and Assistant to the City Administrator/City Clerk Julie Hanson PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA Councilmember Monson asked Item 8F be pulled from the Consent Agenda for discussion as Item 9A. MOTION: Councilmember Monson moved and Councilmember Holden seconded a motion to approve the meeting agenda as amended. The motion carried (5-0). 2. TCAAP/RICE CREEK COMMONS UPDATE City Administrator Perrault stated neither the Joint Development Authority nor the advisory committee have met since the last Council meeting. Staff did hold an internal meeting last week to discuss the upcoming September 5th JDA meeting, which will include a market condition update for the JDA and public. The Request for Development Interest process is still moving forward with Outlot A, otherwise known as the Thumb. That is scheduled to go to the JDA for review sometime in October. The Primer Tracer site auction is still open and as of last check only had two bidders, the soft close is projected for early September. There is still a public engagement event planned for the latter half of October. Lastly, on a few occasions the Council has asked for the status of the Public Safety numbers in the City's proforma. He did have conversations with ARDEN HILLS CITY COUNCIL—AUGUST 28, 2023 2 both the fire department and sheriffs office in the past few weeks and both generally agreed that we should use the numbers in our current proforma, they will not have a better estimate moving forward. As always, updates on the advisory committee can be found on our City's website. Mayor Grant asked when the soft close was scheduled for the Primer Tracer site. City Administrator Perrault indicated the soft close was set for September 6. Councilmember Holden clarified some inaccuracies that occurred at the last worksession. She explained City Administrator Perrault stated CR96 was able to handle "X" number of cars per day. She reported she was looking for further information on how the area would manage additional traffic and how long it would take residents on Karth Lake to get out only Hamline Avenue. She understood it was already difficult for residents to get onto Hamline Avenue and these were the numbers she was interested in learning more about. She commented on traffic capacities and how residents would be impacted by how long it could take to get out of their neighborhoods. She noted Stacie Kvilvang of Ehlers said the developer proposed to build a $13 million park in the downtown TCAAP area. She stated if you go back and read the urban studies, the developer was obligated to build a park to accommodate 880 units in the downtown area of TCAAP. She noted there would be a $5 million park in The Creek and a $5 million park in another neighborhood and reiterated it was part of the developer's obligation to have a downtown park. She said the developer thought he could bring it in cheaper than if the City contracted it out. She commented on how it would be difficult to maintain HOA's in the downtown area. She reported the financial consultants have urged the City to raise the projected numbers for the Sheriff s Office and questioned why this has not been done. City Administrator Perrault noted these numbers have been raised since the term sheets and would more closely reflect what would be encountered with increased density on TCAAP. Mayor Grant commented he wanted to learn more about how TCAAP would impact the north/south roads in Arden Hills. He indicated he also wanted to see an analysis on the internal roads within TCAAP. City Administrator Perrault stated he would be happy to provide the 2014/2019 AUAR to the Council. Councilmember Holden wanted to learn how long it would take someone living within the Creek neighborhood to get to the County Road. City Administrator Perrault explained the City does not have a traffic study that was that granular. Councilmember Monson reported at the recent worksession she suggested the Council hold a future worksession to further discuss TCAAP. She stated she was looking forward to this discussion. Councilmember Holden indicated she has been asking for this since February. ARDEN HILLS CITY COUNCIL—AUGUST 28, 2023 3 Mayor Grant agreed this was asked for formally and it was removed from the agenda. City Administrator Perrault commented he has this on the list for potential worksession meeting topics. 3. PUBLIC INQUIRIES/INFORMATIONAL Linda Swanson, 1124 Ingerson Road, addressed the JDA committee members. She noted Bob Lux provided three density scenarios (1785, 2050, and 2360 housing units) for TCAAP. She reported at the August 21 Council Worksession Ehlers provided different financial estimates for housing densities at 1460, 1790 and 1960. She questioned what has changed. She asked if the JDA Advisory Committee will be asking for financial assistance in the future. She inquired if the higher density scenarios were no longer being considered by the JDA. She then spoke to Councilmember Fabel noting when the slate came on, they were not looking back but instead was looking forward. However, Councilmember Fabel has continuously pointed fingers and said disparaging comments about the remaining Councilmembers and residents. She believed it would help move this group forward if these comments were withheld. She reported if Councilmember Fabel wants respect, he has to give respect. Lastly, she questioned when the JDA would a have a term sheet for the City to review. Kathryn Nelson, 3475 Siems Court, stated she almost got hit at the roundabout tonight. She thanked Councilmember Holden for responding to her so quickly about the dangerous situation, when there wasn't a stop sign on the north section of the roundabout. She did not believe anyone was concerned about the safety of residents, but rather there was only concern about the flow of traffic. She noted the park at Lindey's has been ruined and she anticipated the trees would be damaged. She discussed how the retaining wall and new parking lot at Lindey's was funded by the City and expressed concerned with how the eight new street lights at the intersection would impact the neighbors. She expressed frustration with the fact the trail along this roadway was torn up only one year after it was completed. She feared the residents that lived at this corner would have a reduced property value once the roundabout was complete. She encouraged the Council to use more forethought in the future when considering future intersection projects. Emily Campbell, 1473 Arden View Drive, stated she moved to Arden Hills five or six years ago because she liked how green and safe the community was. She explained as a nurse she wanted residents to have nice places to live that were affordable. However, she was concerned with the growing number of residences and how this would impact her neighborhood. She indicated she was concerned with the level of traffic at Highway 96 and Lexington Avenue. She stated this was a very busy roadway and she feared that the TCAAP development would add to this concern. She noted she was worried how Arden Hills residents would be required to pay for the infrastructure on the TCAAP project. She reported all fees have gone up significantly and she did not want to take on additional taxes. 4. RESPONSE TO PUBLIC INQUIRIES None. 5. PUBLIC PRESENTATIONS ARDEN HILLS CITY COUNCIL—AUGUST 28, 2023 4 A. Commissioner Frethem Updates Ramsey County Commissioner Nicole Frethem introduced herself and provided the Council with an update from Ramsey County. She commented on the duties of the County and the initiatives they were pursuing, which included an appropriate response model for 911 services. The County's economic development and workforce initiatives were described. The HRA levy was further discussed. She reported the County was pursuing curbside food scrap collection and should be up and running in the next couple of years. She explained drop off organics would continue to be an option for Arden Hills residents. Councilmember Monson asked if contract cities received the same appropriate response model for 911 services. Ramsey County Commissioner Frethem reported this was the case. Councilmember Rousseau stated she would like to learn more about the workforce initiatives being pursued by the County. Mayor Grant requested further information regarding the HRA levy. Ramsey County Commissioner Frethem stated the HRA levy was proposed to be $11 million for 2024 and it was noted this was a separate levy from the County's general tax levy. Mayor Grant questioned what the County's levy increase would be for the coming year. Ramsey County Commissioner Frethem estimated the levy increase to be 6.75% for 2024. She commented on how the County would be using cannabis dollars to assist with buying down the tax levy in future years. Councilmember Monson spoke to the benefits of organics recycling and stated she appreciated having residential organics recycling when she lived in Minneapolis. Ramsey County Commissioner Frethem discussed the numerous ways organics recycling would benefit residents and the environment. Councilmember Rousseau asked if the County had funding set aside for Lake Johanna Boulevard. Ramsey County Commissioner Frethem reported the County was trying to schedule a worksession meeting with the City to discuss the preferred design plans for the Lake Johanna corridor. 6. STAFF COMMENTS A. Transportation Update ARDEN HILLS CITY COUNCIL—AUGUST 28, 2023 5 Public Works Director Swearingen provided the Council with an update on the Lexington Avenue project. He reported Lexington Avenue was now open to traffic but will have intermittent outside lane closures as the contractor completes trail and restoration work. He noted Red Fox Road would be closed on the west side of the intersection of Lexington Avenue on September 5 for concrete panel work. Public Works Director Swearingen stated the roundabout at County Road E and Old Snelling was open for traffic in all directions. He reported the site was still active with construction traffic and he urged residents to usecaution when traveling through this intersection. Councilmember Holden asked if the City maximized the bond for Lexington Avenue. Public Works Director Swearingen reported the bond was not maximized. Councilmember Holden suggested a request be made to maximize the bond in order to assist with covering the expense for the watermain work. Public Works Director Swearingen stated he would investigate this further. g g Mayor Grant reported he drove through the roundabout this evening and noted it was a very active intersection that would have ongoing construction. He advised residents to be careful when driving through this area. 7. APPROVAL OF MINUTES None. 8. CONSENT CALENDAR A. Motion to Approve Consent Agenda Item - Claims and Payroll B. Parks, Trails, And Recreation Committee Appointments • Motion to Approve Resolution 2023-043 Appointing Maeve Edgar as the Youth Committee Member to the Parks, Trails and Recreation Committee (PTRC) • Motion to Approve Resolution 2023-044 Appointing Abigail Weber to the Parks, Trails and Recreation Committee(PTRC) C. Motion To Approve Agreement For Legal Services — Prosecution — Kelly And Lemmons D. Motion To Approve Professional Services Agreement Amendment No. 1 With Bolton&Menk, Inc. —2024 PMP Street And Utility Improvements Project E. Motion To Approve Watermain Gate Valve Replacement Quote On Red Fox Rd— Valley-Rich Co., Inc. F. Motion To n pp-eve Professional eniees AgFeemeal With TKDA South G. Motion To Approve Payment No. 2—Margolis—Tree Planting H. Motion To Approve Proposal For Construction Materials Testing Services With Braun Intertec—Arden Manor Park And Floral Park Improvements ARDEN HILLS CITY COUNCIL—AUGUST 28, 2023 6 MOTION: Councilmember Holden moved and Councilmember Monson seconded a motion to approve the Consent Calendar as amended and to authorize execution of all necessary documents contained therein. The motion carried (Lqh 9. PULLED CONSENT ITEMS A. Motion To Approve Professional Services Agreement With TKDA — South Pp g Tower Improvements Project And Increase 2024 CIP Councilmember Monson explained she was inclined to hold the budget at$250,000 and once the pricing of the security items comes back, she could support the Council considering an adjustment. Mayor Grant thanked Councilmember Monson for her comments. He agreed adjustments could Y 1�' J be made in the future once pricing was secured. Councilmember Rousseau asked how urgent this item was. Public Works Director Swearingen stated this was not a large project but there were several complicated pieces. He indicated the final design deadline for this project was February of 2024, in order to apply for grant funding. MOTION: Councilmember Holden moved and Councilmember Holden seconded a motion to Approve a Professional Services Agreement With TKDA — South Tower Improvements Project in an amount not to exceed$67,183. Councilmember Monson supported the CIP increase portion of this motion being removed from consideration. The motion carried (5-0). Councilmember Holden asked if the Council would have a chance to review the final numbers on the securities from the TKDA. Public Works Director Swearingen explained within the contract they will be providing estimates throughout the design of the project. He stated these numbers would come in at 50%, 90% and at final design. Councilmember Rousseau questioned if all of this information would be provided to the City in time to meet the February deadline. Public Works Director Swearingen reported this was the case. 10. PUBLIC HEARINGS ARDEN HILLS CITY COUNCIL—AUGUST 28, 2023 7 A. Planning Case 2023-013 — Zoning Code Amendment — Chapter 13, Section 1325.05 Design Standards, Subd. 4.1)—Fencing Community Development Director Jagoe stated at their February 21 st work session, the City Council had a preliminary discussion on if, or how, City ordinances may be restrictive to residents wanting to remodel or add-on to their home. City staff was directed to survey neighboring cities to compare Arden Hills' residential setback requirements. Additionally, city staff was asked to assemble a list of previously identified code amendments to allow for further Council discussion to occur on the prioritization 'of amendment reviews. City staff brought back the requested information to the City Council at their April 17th meeting. Staff provide a list of ordinance amendments that were previously tasked to proceed directly to the Planning Commission for the first review once a Senior Planner was onboard and as staff time allowed. While others would need to be brought back to the City Council for further discussion and direction at a future work session. Staff reviewed the proposed ordinance amendments. Community Development Director Jagoe explained the City Council consensus was to proceed with the amendments as outlined. Staff was directed to bring forward the fence ordinance amendments to the Planning Commission for the first review and to hold a public hearing. Following the public hearing, the draft ordinance language with recommendation of the Planning Commission would be brought to the City Council for subsequent discussion and adoption. Community Development Director Jagoe reviewed the Overview of Ordinance Amendments in further detail with the Council and reported the Planning Commission voted 6-0 (Commissioner Mitchell was absent) to recommend approval of Planning Case 23-014 with amendments. The Commission recommended increasing the duration for a temporary fence from 120 days to 150 days and added wording that identifies fencing utilized at a construction site would also be an exception to the temporary fencing provision. Councilmember Monson asked if the Planning Commission discussed the height of residential fences. Community Development Director Jagoe reported the Planning Commission did not discuss this. She noted residential fences would be limited to six feet at this time. She indicated PUD's would allow for applicants to seek flexibility for a taller fence. Councilmember Holden questioned how the City would monitor or enforce temporary fences. She recommended temporary fences be allowed from November 1 to March 31 versus allowing them for 150 days. Community Development Director Jagoe stated a specific number of days allows for seasonal summer fences for gardens, along with winter snow fences. She reported fences would be investigated based on complaints from neighbors. Councilmember Holden inquired if there was any provision that requires the finished side of the fence to be placed outwards. ARDEN HILLS CITY COUNCIL—AUGUST 28, 2023 8 Community Development Director Jagoe commented there could be language that states subject to all other fencing provisions and this would require the finished side to be outwards. She reported all maintenance concerns with temporary fencing would be covered under current City Code language. Mayor Grant questioned if rebar can be put into the ground on December I and be taken out by April 30. He asked if 150 days for a snow fence works. Public Works Director/City Engineer Swearingen stated heavy frost may be in the ground by December 1,but he believed 150 days was adequate for snow fencing. Councilmember Monson suggested temporary fences be allowed for a duration not to exceed 150 days, and snow fencing must be removed no later than "X" and the Council could set a specific date. Councilmember Fabel asked how many complaints the City receives on an annual basis regarding temporary fences. CommunityDevelopment Director Jagoe estimated the City receives one to three complaints a P g Y P year. Councilmember Rousseau inquired when winter fencing should be removed. Public Works Director/City Engineer Swearingen explained he relied on MNDOT to dictate when frost was leaving the ground. Councilmember Holden recalled the City has had several law suits regarding fences. She indicated temporary permits were allowed without permits in the past. She supported temporary snow fences being removed by April 1. She questioned where additional language would be added regarding the fencing requirements. City Attorney Jamnik recommended this be added to Subparagraph C in the sixth line from the bottom. Mayor Grant opened the public hearing at 8:22 p.m. With no one coming forward to speak, Mayor Grant closed the public hearing at 8:23 p.m. B. Planning Case 2023-014 — Zoning Code Amendment — Chapter 13, Sale Of Lower-Potency Hemp Edibles Community Development Director Jagoe stated on July 1, 2022, the Minnesota Legislature adopted an amendment that permits the sale of edible cannabinoid products that contain no more than 0.3% of tetrahydrocannabinol (a derivative of hemp). The amendment was enacted with very few regulations in place. Several cities adopted a moratorium in order to allow adequate time to study the matter. On August 22, 2022, the City of Arden Hills adopted Interim Ordinance 2022- 006 establishing a one-year moratorium prohibiting the sale, testing, manufacturing, and ARDEN HILLS CITY COUNCIL—AUGUST 28, 2023 9 distribution of products containing tetrahydrocannabinol (THC). It is important to note this moratorium does not apply to products containing THC related to the Medical Cannabis Program as administered by the Minnesota Department of Health, provided the activity is conducted in accordance with state law regarding medical cannabis. Interim Ordinance 2022-006 will expire on August 22, 2023. Community Development Director Jagoe reported as of May 31, 2023, there has also been a recent state law change relating to adult use marijuana/cannabis. This state law includes language g g J for cities to have the authority to impose a moratorium on the sale of full strength products until January 1, 2025 in order to allow further review and future discussions as the new law continues to be interpreted. The Office of Cannabis Management (OCM) is still taking shape and they will license retailers. Cities will be required to register local adult cannabis retailers and conduct compliance checks. Eventually, the OCM will have sample language and forms to provide to cities. The City Council directed city staff at their work session on July 17, 2023, to work with the City Attorney's Office to prepare the ordinance language for a moratorium prohibiting the sale of Adult Use Cannabis products as allowed under the state law. Staff anticipates this discussion will be reviewed by the City Council at their second regular meeting in August. For this discussion, the City Council is being asked to review and consider ordinance language as it relates solely to lower-potency THC products. Community Development Director Jagoe explained under new State law lower-potency THC hemp products in the form of edibles or beverages could be sold anywhere in the city, including exclusive liquor stores. Without any changes to the city code after August 22, 2023, a business could begin selling lower-potency hemp products as part of their retail operations. Staff commented further on how lower-potency edible cannabinoid products were defined per the Minnesota Department of Health. Community Development Director Jagoe commented at your June 20th and July 17th work sessions, the City Council discussed options for how the City may move forward with regulating the sales of lower-potency hemp edibles when the moratorium expires. The general consensus of the City Council was to establish a new land use classification specific to the sale of lower- potency hemp edibles in our commercial zoning districts mainly along Lexington Avenue at the initial onset with a separation of land use from schools, day cares, parks, etc. as allowed by State Statute. Staff worked with the City Attorney's Office to prepare a draft ordinance reflective of their comments. Community Development Director Jagoe indicated the City Council reviewed the first draft ordinance at the July meeting. During that discussion, the Council considered other types of land uses in addition to Retail Sales and Service that might have the potential of selling lower-potency hemp products such as a gas station or a restaurant. Staff confirmed that the draft ordinance as written would not include these types of businesses since they are a separate land use type. However, a liquor store may qualify as a retail land use. Staff provided an overview of existing retail businesses along Lexington Avenue within the B-3, General Business District as well as the area along County Road E between Lexington Avenue and Snelling Avenue that falls under the B- 2, General Business Zoning District. Under the city code, Retail Sales and Service is a permitted use in the following zoning districts: B-2 - General Business, B-3 - Service Business, and B-4 - Retail Center. For the City Council, staff has included with this report several maps identifying ARDEN HILLS CITY COUNCIL—AUGUST 28, 2023 10 the parcels located within each of these zoning districts. The new State law and any future ordinance change would apply to both existing and new businesses in Arden Hills. Community Development Director Jagoe stated the main topics of discussion during the work session were the delineation of where lower potency hemp sales would be allowed (ex. B-2 and/or B-3 zoning districts) and regulating solely as an accessory use to a retail business. The City Council directed staff to bring forward the proposed ordinance to the Planning Commission for the first review and to hold a public hearing in order to solicit your recommendation on this language. Following the public hearing, the draft ordinance language with the recommendation of the Planning Commission would be brought to the City Council for subsequent discussion and adoption. It was noted to the Planning Commission that at the subsequent regular City Council meeting, a Councilmember commented that the upcoming lower-potency hemp discussions should also consider allowing the ability to sell as an accessory use for Service Stations and potentially within the Gateway Business District. Community Development Director Jagoe reviewed the Overview of Ordinance Amendments in further detail with the Council and stated the Planning Commission voted 6-0 (Commissioner Mitchell was absent) to recommend approval of Planning Case 23-014 with amendments. The Commission added amendments to recommend adding Lower-Potency Hemp Edible Sales as a Conditional Accessory use in the B-2, B-3, B-4 and GB Zoning Districts and to permit Lower- Potency Hemp Edible Sales as an accessory use on a Subject Property where the principal use is also a Restaurant or a Service Station. The Commission discussed allowing Lower-Potency Hemp Edible Sales as a principal use and reducing/removing the distance separation for subject properties and asked the City Council to consider these points as part of the ordinance review. Councilmember Fabel asked if there was any consideration to restricting sales to businesses that otherwise distribute alcohol, such as liquor stores or restaurants with a liquor license. He noted these establishments would be used to carding individuals prior to sales. Community Development Director Jagoe reported without action by the City Council to adopt an ordinance, a liquor store could sell the lower potency hemp products. Councilmember Fabel was of the opinion businesses that were familiar with carding for age restricted products, would have a better ability to manage the sales of lower potency products. Councilmember Holden questioned if the Sheriff's Department would be taking on enforcement efforts for these products. City Administrator Perrault stated he has not had a direct conversation with the Sheriff about the proposed ordinance changes. He noted there would be an Office of Cannabis Management (OCM) to assist with overseeing enforcement. Councilmember Holden asked how the City defined retail operations. Community Development Director Jagoe reviewed how zoning code defined retail operations, noting this was to be the principle use. ARDEN HILLS CITY COUNCIL—AUGUST 28, 2023 11 Councilmember Holden expressed concern with the fact the apartments located in the B-2 district would be allowed to sell edibles. City Attorney Jamnik reported a home occupation is allowed in the residential units, but a CUP would not be allowed. He supported the City taking a slow approach when it came to lower potency sales and noted follow up could occur to this Ordinance over time. Further discussion ensued on where lower potency sales would and would not be allowed in the City. Councilmember Rousseau stated she appreciated the work the Planning Commission did on this Planning Case. She asked if restaurants would be allowed to serve alcohol and cannabis drinks at the same time. City Attorney Jamnik reported most cities were allowing this going forward. He commented further on how regulations regarding cannabis would continue to change over the next year and a half. Mayor Grant indicated one of the options available to the Council would be to only allow lower potency sales in the B-3 District and watch this evolve. He noted other zoning districts could then be added if advisable. City Attorney Jamnik advised this would be an option to the City Council. Councilmember Rousseau explained residents could purchase edibles at the liquor store on CR96 in an adjacent community, if they aren't able to purchase in Arden Hills because restrictions were put in place. Mayor Grant stated that he was sure people could go to all sorts of other communities to purchase these items. Councilmember Holden noted menthol cigarettes could be purchased in Shoreview as well. Councilmember Fabel commented on where restrictions would be occurring in the community. Mayor Grant asked if the distance should be limited next to schools and parks. Councilmember Fabel indicated he was fine with the distances as proposed by staff. He supported lower potency sales occurring at the one liquor store in the City. Mayor Grant questioned if the distance provision was State Statute. City Attorney Jamnik reported this language was not State Statute. Mayor Grant opened the public hearing at 8:54 p.m. With no one coming forward to speak, Mayor Grant closed the public hearing at 8:55 p.m. ARDEN HILLS CITY COUNCIL—AUGUST 28, 2023 12 C. Interim Ordinance—Adult Use Cannabis Business Moratorium Assistant to the City Administrator/City Clerk Hanson stated earlier this spring, the Minnesota State Legislature legalized adult-use cannabis. This law, effective August 1, 2023, permits the operation of cannabis businesses and the sale of cannabis products for consumption but provides little guidance on how cities are to regulate, leaving zoning and compliance to local control. The law also created a new agency, the Office of Cannabis Management (OCM), that will license businesses regarding sales of cannabis products, but the OCB will not be operational until approximately January 1, 2025. Assistant to the CityAdministrator/City Clerk Hanson reported the City Council previously tY p Y p Y discussed this topic and directed staff to draft an interim ordinance that would establish a moratorium in effect until January 1, 2025, allowing the Council and staff adequate time to further study the matter, or until such time it is apparent the OCM has its department operational. Staff has worked with the City Attorney regarding ordinance language as well as a summary ordinance. It is important to note that this moratorium does not apply to the selling, testing, manufacturing, or distributing of products related to the Medical Cannabis Program as administered by the Minnesota Department of Health, provided that such activity is done in accordance with the regulations and laws of Minnesota regarding Medical Cannabis. A Notice of Public Hearing was published in the August 18, 2023 Pioneer Press in conformance with State Statute. She indicated no comments have been received to date. Mayor Grant stated it was his understanding cities with a population of less than 10,000 would have to issue at least one business license for cannabis sales. Assistant to the City Administrator/City Clerk Hanson stated this was the case. Councilmember Rousseau questioned when this moratorium would be revisited because it seemed as if the recent THC moratorium could have been revisited earlier than it was this past summer. Assistant to the City Administrator/City Clerk Hanson indicated the City waited on this moratorium in order to gather as much information as possible from the State legislature, which also had certain information that could affect the City's THC moratorium at the time. She described the timeline on this moratorium and noted it would be revisited based on information from the State and League of Minnesota Cities. Mayor Grant opened the public hearing at 9:00 p.m. With no one coming forward to speak, Mayor Grant closed the public hearing at 9:01 p.m. 11. NEW BUSINESS A. Planning Case 2023-013 — Zoning Code Amendment — Chapter 13, Section 1325.05 Design Standards, Subd. 4.1)—Fencing • Ordinance 2023-008 — Amendments to Chapter 13, Section 1325.05, Subd. 4.1) ARDEN HILLS CITY COUNCIL—AUGUST 28, 2023 13 • Authorization for Publication of Summary Ordinance 2023-008 Community Development Director Jagoe stated staff has prepared a draft ordinance showing language to be added underlined for your review. The proposed amendments are intended to establish criteria for evaluating residential fences and identify factors between a temporary and permanent fence. Currently, the city code is absent of any language differentiating the two which means that all fences are subject to a zoning permit. City staff has had requests to install a temporary fence for reasons such as a snow barrier or as protection around grass seed. The proposed language would also establish a time limitation for how many days temporary fencing could be erected on a property. Lastly, the city code does not have a maximum height specification for fences in business or industrial zoning districts. The proposed language establishes a maximum height and allows the City to grant flexibility based on site suitability as a buffer or screening. Community Development Director Jagoe commented further on the proposed amendments to the City Zoning Code, Chapter 13 and offered the following Findings of Fact: 1. The City of Arden Hills is proposing to amend ordinance language to create design and materials standards for fences in residential zoning districts. 2. The proposed ordinance would create language for evaluating a temporary fence in all zoning districts. 3. The proposed ordinance will add a maximum height design standard for fences in the business and industrial zoning districts. 4. The proposed ordinance will include amendments to the language of the City Code to Chapter 13 —Zoning Code within Section 1325.05, Subd. 4.D for Fences. 5. Amendments to the Zoning Code regulations require a public hearing prior to action by the City Council. 6. The Planning Commission conducted a public hearing for the Text Amendment on August 9, 2023. MOTION: Councilmember Holden moved and Councilmember Monson seconded a motion to adopt Ordinance 2023-008 for Zoning Code Amendments to Chapter 13, Section 1325.05 —Design Standards, Subd. 4.1), Fences to identify criteria between a temporary and permanent fence in all zoning districts as well as set a maximum height for fences in the Business and Industrial Zoning Districts. Councilmember Rousseau stated she believed there was interest in amending the motion to ensure the finished side of fences were facing outwards. AMENDMENT: Councilmember Monson moved and Councilmember Holden seconded a motion to add language under Subparagraph C to read: Temporary fencing may be installed for a duration not to exceed 150 days and a snow fence must be removed no later than April lst of each year. The amendment carried (5-0). ARDEN HILLS CITY COUNCIL—AUGUST 28, 2023 14 The amended motion to adopt Ordinance 2023-008 for Zoning Code Amendments to Chapter 13, Section 1325.05 — Design Standards, Subd. 4.1), Fences to identify criteria between a temporary and permanent fence in all zoning districts as well as set a maximum height for fences in the Business and Industrial Zoning Districts and to include language stating temporary fencing may be installed for a duration not to exceed 150 days and a simN. fence must be removed no later than April lst of each year carried (5-0). MOTION: Councilmember Monson moved and Councilmember Holden seconded a motion to authorize staff to publish a Summary Ordinance of Ordinance 2023-008 for Planning Case 23-013. The motion carried (5-0). B. Planning Case 2023-014 — Zoning Code Amendment To Chapter 13, Sale Of Lower Potency Hemp Edibles • Ordinance 2023-009— Amendments to Chapter 13, Sections 1305.04, 1320.05 and 1325.02 • Authorization for Publication of Summary Ordinance 2023-009 Community Development Director Jagoe stated staff has prepared a draft ordinance identifying language to be added for the City Council's review. The proposed ordinance would add a new land use type for the sale of lower potency hemp edibles. As drafted based on the Planning Commission amendments, the City would allow as a conditional accessory use only to businesses with a principal Retail Sales and Service, Restaurant or Service Station land use in the B-2, B-3, B-4, and GB Zoning Districts. This means there could not be a standalone shop exclusively selling lower-potency hemp products and any business interested in selling lower-potency products would need to come before the Planning Commission and City Council for a Conditional Use Permit. The draft language would require a distance separation of a lower-potency sales operation to schools, day cares, residential treatment facilities, and public parks as allowed by State Statute. Staff reviewed the sections that would be amended in further detail with the Council and offered the following Findings of Fact: 1. The City of Arden Hills is proposing to amend ordinance language to allow for lower potency hemp edible sales in the zoning code as a conditional accessory use within the B- 2, B-3, B-4, and GB Zoning Districts. 2. The proposed ordinance will include amendments to the language of Chapter 13 —Zoning Code, Sections 1305.04 - Definitions, 1320.05 — Land Use Chart, and 1325.02 — Accessory Uses of the City Code. 3. The proposed ordinance amendments will allow lower-potency hemp edible sales as a conditional accessory use where the principal use is Retail Sales & Service, Restaurant, or Service Station. 4. The proposed ordinance amendments are consistent with State law for the City's authority to regulating the sale of lower-potency hemp edibles under the zoning code. 5. Amendments to the Zoning Code regulations require a public hearing prior to action by the City Council. Applicant would be re uired to submit a land 6. If the zoningamendments were approved, an ppq use application that would be subject to the formal review process. ARDEN HILLS CITY COUNCIL—AUGUST 28, 2023 15 7. The Planning Commission conducted a public hearing for the Text Amendment on August 9, 2023. Councilmember Monson asked if the setbacks would be measured from property line to property line. Community Development Director Jagoe reported this was the case. Mayor Grant questioned how many liquor licenses the City had at this time. Assistant to the City Administrator/City Clerk Hanson explained the City had nine total liquor licenses. Councilmember Holden inquired if low potency sales could occur at the bookstore at Bethel q p Y University. City Attorney Jamnik commented this could not be done on the campus, but could possibly occur at the Anderson Center. Councilmember Rousseau asked how many businesses in the community have tobacco licenses. Assistant to the City Administrator/City Clerk Hanson stated there are six total tobacco licenses. Councilmember Monson anticipated the public park near the Anderson Center would prohibit this property from selling low potency edible products. Councilmember Holden noted Bethel University also has a property near Health Partners. Councilmember Monson supported limiting sales to restaurants that have a beer, wine or liquor license. Mayor Grant commented he would prefer low potency sales to occur only at off-sale liquor establishments, along with restaurants that have liquor licenses. He noted he supported sales occurring at these establishments over establishments with tobacco licenses. Councilmember Holden indicated she could support low potency sales occurring at establishments with tobacco licenses. She noted these license holders had to pass compliance checks on an annual basis, along with those establishments that have a liquor license. In addition, she supported low potency sales at the nine restaurants with liquor licenses and the two off sale liquor license establishments. Councilmember Rousseau stated she agreed with Councilmember Holden's recommendation. She asked what the restrictions were for the placement of these products. Assistant to the City Administrator/City Clerk Hanson explained these products had to be placed behind the counter. ARDEN HILLS CITY COUNCIL— AUGUST 28, 2023 16 Councilmember Monson asked what other retail sales and service businesses were in the City that required carding. Community Development Director Jagoe reported these businesses would include all retail liquor and tobacco establishments. Councilmember Holden questioned how many tobacco and liquor licenses were allowed in the City. Assistant to the City Administrator/City Clerk Hanson stated the City does not have a limit in place for tobacco licenses and the City currently had six tobacco establishments. She noted the City can have no more than six liquor licenses but that restaurants and bowling alleys do not affect the number of allowable liquor licenses. She noted the City currently has two off-sale licenses that count toward the six total. Councilmember Holden indicated she could not support the Ordinance the way it was written. She supported the nine liquor license holders, including the two off-sale liquor licenses, and six tobacco license holders to be able to sell low potency hemp products in Arden Hills. City Attorney Jamnik commented this would require an amendment to Paragraph 1 where the principle uses are defined, this would have to be modified to include licensed liquor and tobacco businesses. City Administrator Perrault questioned if action on this item should be tabled in order to allow staff to redraft the Ordinance language. Councilmember Holden inquired if the language should also be reconsidered to allow for sales after 10:00 p.m. Councilmember Fabel supported the 10:00 p.m. language being further considered noting THC drink sales at restaurants may occur after this time. He asked if any of the distances within the Ordinance were realistic. MOTION: Councilmember Holden moved and Councilmember Monson seconded a motion to adopt Ordinance 2023-009 for Planning Case 23-014 for Zoning Code Amendments to Chapter 13, Section 1305.04 Zoning Code Definitions, Section 1320.05 Land Use Chart in the B-2, B-3, B-4, NB, and GB Zoning Districts, and Section 1325.02 Accessory Uses to establish requirements and criteria for Lower-Potencv Hemp Edible Sales as a conditional accessory use as amended allowing sales at city businesses with tobacco or liquor licenses and removing all remaining bullet points. The motion carried 4-1 (Councilmember Rousseau opposed). MOTION: Councilmember Monson moved and Councilmember Holden seconded a motion to authorize staff to publish a Summary Ordinance of Ordinance 2023-009 for Planning Case 23-014. The motion carried (5-0). ARDEN HILLS CITY COUNCIL—AUGUST 28, 2023 17 C. Adult Use Cannabis Business Moratorium • Ordinance 2023-010 — Interim Ordinance Prohibiting the Operation of Cannabis Businesses • Authorization for Publication of Summary Ordinance 2023-010 Assistant to the City Administrator/City Clerk Hanson stated earlier this evening, the required Public Hearing was held (Item 10C) regarding a moratorium on the sales of adult use cannabis business in Arden Hills. Staff is requesting Council approval of Ordinance 2023-010 establishing an interim ordinance prohibiting the operation of cannabis businesses while the matter is studied, and approval that a summary ordinance of such be published. The moratorium would be in effect until January 1, 2025, while staff and the Council continue to further study the matter, or could end sooner per Council direction. Councilmember Monson stated she believed this moratorium was important until the City had better information from the Office of Cannabis Management (OCM). Mayor Grant agreed noting he believed there would be a considerable number of issues addressed by the State and the OCM. Councilmember Rousseau concurred and hoped the State would have the OCM up and running by January 1, 2025. MOTION: Councilmember Monson moved and Councilmember Rousseau seconded a motion to adopt Ordinance 2023-010 — Interim Ordinance Prohibiting the Operation of Cannabis Businesses. The motion carried (5-0). MOTION: Councilmember Monson moved and Councilmember Holden seconded a motion to authorize staff to publish a Summary Ordinance of Ordinance 2023-010. The motion carried (5-0). 12. UNFINISHED BUSINESS None. 13. COUNCIL COMMENTS Councilmember Monson reported the County was conducting a survey through a QR code at their playgrounds at this time. She encouraged the City to consider conducting a survey in this manner in the future. Councilmember Holden stated Met Council grants were available for fixing home to street sewer lines. She encouraged the City to opt in this grant program. Councilmember Holden commented on the financials for TCAAP that were presented by Ehlers at the last worksession. She asked why TIF information was not included in this project. City Administrator Perrault stated at this time TIF was not included in the TCAAP proforma. ARDEN HILLS CITY COUNCIL—AUGUST 28, 2023 18 Councilmember Holden asked regarding the property tax reduction on affordable housing, if every affordable housing unit is 30% of the federal poverty level versus 60%, or is the tax reduction the same. City Administrator Perrault replied that it depends if they are under the 60% threshold and whether or not the qualify for h x r hi °y q fY the to credit which is then 25/o of the applicable property tax level. Councilmember Holden recommended the ordinance language for committee members be reconsidered because as the language reads right now a committee could be made up of four or five youth members. Councilmember Rousseau stated as far as the youth committee positions, she wanted to thank Councilmember Holden for at the worksession bringing that up that anybody at any age could come on to one of the committees, so she appreciated that. She also noted ongoing work regarding use of QR codes. Councilmember Rousseau stated Clayton Zimmerman has stepped down from the Planning Commission. She thanked him for his years of service to the City. She suggested Mr. Zimmerman be recognized for his years of service. Councilmember Rousseau reported the EDC met last week and discussed the sign code ordinance. Councilmember Rousseau requested the Council discuss the potential of keeping ducks at a future work session in December or January, along with the amount of time and the process that is followed to get a license for a food truck. Mayor Grant stated he attended the Round Lake Senior Living open house with several other Councilmembers. He indicated this facility was doing quite well and he invited the public to visit the park adjacent to this facility. Mayor Grant reported at the last worksession the Council discussed going to two meetings a month with worksessions held prior to Council meetings. He questioned if the Council wanted to start holding these meetings in October or November. Councilmember Holden indicated she would not be available before 5:00 p.m. on Mondays. She suggested these meetings begin in November. Councilmember Rousseau questioned when the EDA would be meeting. City Administrator Perrault explained this meeting would be held at the end of October. Councilmember Fabel supported holding worksessions prior to Council meetings as soon as possible. Councilmember Monson agreed this new meeting schedule should start in October. ARDEN HILLS CITY COUNCIL:—AUGUST 28, 2023 19 Councilmember Holden asked if the State of the City could be held on February 3 because she could not attend if it was held on January 20. The Council agreed to this date change for the State of the City. Mayor Grant suggested the Council begin holding worksessions prior to Council meetings beginning in October with meetings beginning at 5:00 p.m. Mayor Grant provided the Council with an update on Outlot A noting there were six submittals for this property. City Administrator Perrault explained the submittals would be reviewed by the County Board in a closed session meeting and then a recommendation would be requested from the JDA. ADJOURN MOTION: Mayor Grant moved and Councilmember Monson seconded a motion to adiourn. The motion carried (5-0). Mayor Grant adjourned the Regular City Council Meeting at 9:56 p.m. n� 'aj Julie anson David Grant City lerk Mayor