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HomeMy WebLinkAbout10-23-23-R It -- -, HILLS Approvcd: Noy cmbcr 13, 2023 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING OCTOBER 23, 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 Brenda Holden, Emily Rousseau, Tena Monson and Tom Fabel Absent: None Also present: City Administrator Dave Perrault; Public Works Director/City Engineer David Swearingen; Community Development Director Jessica Jagoe; City Attorney Amy Schmidt; and Assistant to the City Administrator/City Clerk Julie Hanson PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA Mayor Grant requested Item l0A be removed from the agenda, stating Arden Hills Tobacco has waived the public hearing they previously requested and noting the business had paid the violation fee and are coming into compliance as required. Councilmember Holden requested Item 8G be pulled from the Consent Agenda to be discussed as Item 9A. Councilmember Monson requested Item 817 be pulled from the Consent Agenda to be discussed at Item 9B. MOTION: Councilmember Holden moved and Councilmember Monson 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 the JDA has not met since the last City Council meeting. He reported the JDA Advisory Committee and Energy Advisory Committee have met informally for ARDEN HILLS CITY COUNCIL—OCTOBER 23, 2023 2 updates on the upcoming public engagement event, which would be held on Wednesday, November 1 in the Marsden Room at the Ramsey County Public Works Facility with the doors opening at 5:45 p.m. He explained the Primer Tracer property was still under auction. He indicated the Ramsey County Board recently met in a closed session to consider the proposals for Outlot A. He reported the City Council would be holding a special worksession on November 2 to discuss the Rice Creek Commons project as a whole. Councilmember Holden asked if the 750 square foot houses proposed for TCAAP would have basements. She reported these homes would need an emergency space if they did not have basements. City Administrator Perrault stated he did not have an answer to this question, he noted he did not believe they were called for in the TRC and it would be up to the developer. Mayor Grant stated he understood the most recent edition of the Arden Hills Notes included a section that outlines the JDA's open house. He noted he had not received his copy of this publication, which was an issue. He noted there may be other residents who have not received their copy and therefore would not know about the upcoming open house. 3. PUBLIC INQUIRIES/INFORMATIONAL Don Wahlberg, 1451 Arden Place, stated he understood Arden Hills has scored high for the quality of life over the years. He believed much credit should go to the Arden Hills City government for their excellent short and long term planning. He commented on how his interactions with staff regarding community development and planning has been positive. He discussed how solar panels on roofs were currently allowed, but ground mounted panels were not. He described how ground mounted panels can be precisely aligned and can be easily brushed off. He commented further on the pros and cons of ground mounted solar panels versus roof panels. He asked that the City make a place for ground mounted solar panels in some Arden Hills residential districts. Linda Swanson, 1124 Ingerson Road, read a comment on behalf of Donna Wiemann of 1406 Arden View Drive, stating Donna was unable to attend the meeting. Donna requested that once the public reviews the proposed information and the JDA approves the 1,960 units, that the JDA Advisory Committee meetings be open to the public. Donna stated if this request is denied she would like to have reasons for the denial. Linda Swanson, 1124 Ingerson Road, stated belittling and dismissing residents that bring questions and ideas to various meetings is totally uncalled for. She reported contrary to Councilmember Fabel's remarks, the majority of residents have not said they don't want any residential development. She understood the Council was asking residents to come together and to work together. She explained when residents don't agree, their comments are thrown to the wayside and dismissed. She stated at the October 9 Council meeting, the JDA had asked for a density proposal of 1,700 to 2,300 units. She asked for a copy of this communication from the JDA to the developer. She urged the City Council to recognize the moral obligation they have to Arden Hills and its residents. She indicated this obligation included many different ideas, besides density. Rather, this included public safety, transportation, financial stability for the City and its ARDEN HILLS CITY COUNCIL—OCTOBER 23, 2023 3 residents. She stated it was her understanding the Council would be holding a special worksession on November 2 to discuss Rice Creek Commons. She encouraged the Council to consider the comments that have been made by the public. She reported transparency means ensuring only facts and complete facts are present. She indicated she did not trust the slate members would accurately present resident comments. She discussed how the slate members have not accurately presented information regarding how the 1,460 number came about. She then presented Councilmember Fabel with a bag that says "Treat People Like People". She expressed frustration with the fact her previous comments or requests made to the City Council had not been responded to. Gregg Larson, 3377 North Snelling Avenue, addressed several inaccurate remarks that were offered at the October 9 City Council meeting. He stated the first comment from the Mayor had to do with the inaccurate history of the two environmental reviews that were conducted back in 2014 and 2019. He noted the second comment was from Councilmember Holden and had to do with the erroneous assertion that there was a rigorous basis for the City's 1,460 density number. He reported the City completed two AUAR's, the first in July of 2014 and the second was done in August of 2019. He stated the orders for both AUAR's and the documents themselves were approved by the Arden Hills City Council. He indicated both examined the impacts of two development scenarios, the zoning scenario with up to 1,500 and the second was the maximum scenario of up to 2,500 units. He stated both AUAR's concluded the same thing, that the 427 acres could accommodate either scenario. He explained this conclusion would mean the site would accommodate any number falling within the 1,500 to 2,500 range, including the newly proposed 1,960 density number. He stated negotiation of a density number acceptable to the City and County in 2015 followed issuance of the original AUAR. He reported at that time the City wanted 1,431 units. Further negotiations followed after the developer was chosen and the number was raised by 29 units to 1,460. However, neither the City nor the County could agree on a master development agreement which led to costly litigation. He noted the City remained on a density number that was still less than the recommendations within the AUAR. He explained he appeared at numerous meetings requesting documentation that would validate the 1,460 number. He indicated the City has not been able to produce this documentation that supported 1,460 housing units or that addresses the consequence of a higher density number. Mayor Grant welcomed City Attorney Amy Schmidt to the City of Arden Hills. 4. RESPONSE TO PUBLIC INQUIRIES None. 5. PUBLIC PRESENTATIONS None. 6. STAFF COMMENTS A. Transportation Update ARDEN HILLS CITY COUNCIL—OCTOBER 23, 2023 4 Public Works Director Swearingen provided an update on Ramsey County's Lexington Avenue reconstruction project. He explained the County has updated the project website and he understood all trail, sidewalk and striping would be completed yet this fall, along with the installation of permanent traffic signals. Public Works Director Swearingen stated the roundabout at County Road E and Old Snelling was open to traffic but the site was still very active with construction. He noted the final paving of the intersection began today. He explained remaining work for this project includes striping, signage, lighting and site restoration. Public Works Director Swearingen explained New Brighton Road had been closed since October 16 due to Xcel Energy gas main improvements. He anticipated this roadway would reopen on Friday, October 27. Councilmember Holden asked for an update on the Mounds View High School trail. Public Works Director Swearingen explained a majority of this trail was paved today. He noted there would sections where temporary patches will be installed due to Xcel Energy needing to move their utilities and that final patching would be addressed next spring. He confirmed the trail would be plowed this winter. 7. APPROVAL OF MINUTES A. September 18, 2023, City Council Work Session B. September 25, 2023, Regular City Council Councilmember Monson noted there were changes made to the September 25 City Council minutes and these were provided to the City Clerk. MOTION: Councilmember Monson moved and Councilmember Holden seconded a motion to approve the September 18, 2023, City Council Work Session meeting minutes as presented and the September 25, 2023, Regular City Council meeting minutes as amended. The motion carried (5-0). 8. CONSENT CALENDAR A. Motion to Approve Consent Agenda Item - Claims and Payroll B. Motion To Approve Resolution 2023-050 — 2024 Curbside And Non-Curbside Recycling Fees C. Motion To Approve Recycling Contract Extension With Republic Services D. Motion To Approve Appointment Of Accounting Clerk E. Motion To Approve Temporary Out Of Class Pay F. Motion To A-ppreve Olsen Engineer-ing Pfeper Geophy l Subs ,,.f e G. Motion To Appr-eve Resolution 2023 051 Designating GeAain City Owned Pr-epet43 As "Triangle Park" ARDEN HILLS CITY COUNCIL—OCTOBER 23, 2023 5 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 fLL 9. PULLED CONSENT ITEMS A. Motion To Approve Resolution 2023-051 Designating Certain City-Owned Property As "Triangle Park" Councilmember Holden stated this was a major gateway property for the City that was heavily used. She expressed concern that the proposed park name was not fitting. She suggested action on this item be tabled and that this item be brought back to the PTRC. MOTION: Councilmember Holden moved and Mayor Grant seconded a motion to table action on this item directing staff to bring this item back to the PTRC for further consideration. The motion carried (S-0). B. Motion To Approve Olson Engineering Proposal For Geophysical Subsurface Investigation At 3245 New Brighton Road—Hazelnut Parking Lot Project Councilmember Monson requested further information from staff on this item. She asked if the City would be paving the church parking lot. City Administrator Perrault stated the City of Arden Hills utilizes the parking lot at 3245 New Brighton Road via Joint Use Agreement with the Church dated August 8, 2011. The current condition of the parking lot is beyond its useful life and is in need of pavement rehabilitation. The City has had ongoing conversations with the Church representatives over the past several years in attempt to plan for the project. When planning for pavement projects it is necessary to order geotechnical services to assist in estimated construction costs. The City had ordered soil borings in 2019 at two locations at the parking lot to examine the existing pavement section and determine the recommended pavement section to be constructed. Recently, City staff had learned of the possibility of"ground rubber tire fill" layer used during the last reconstruction of the parking lot. This layer was not identified through the soil borings. The City and the Church decided it was important to investigate the possible tire layer further before moving forward with the project. Public Works Director/City Engineer Swearingen reported City staff has reached out to Olson Engineering, a firm that has specialized equipment that identifies subsurface material properties via ground penetrating radar. The geophysical subsurface investigation will provide valuable information necessary in determining the actual work required to construct a long-term reliable pavement surface. Olson Engineering has provided a proposal in Attachment A. Staff has visited with the consultant on site and reviewed the proposal. City staff recommends Council approve the quote to investigate the subsurface for the rubber tire layer. ARDEN HILLS CITY COUNCIL—OCTOBER 23, 2023 6 MOTION: Councilmember Monson moved and Councilmember Rousseau seconded a motion to Approve Olson Engineering Proposal For Geophysical Subsurface Investigation at 3245 New Brighton Road — Hazelnut Parking Lot Proiect with Olson Engineering in the amount of$12,852. The motion carried (5-0). 10. PUBLIC HEARINGS A. Arden Hills Tobacco Violations This item has been removed from the agenda. B. Planning Case 23-017 — Conditional Use Permit At 4504 Hamline Avenue North Community Development Director Jagoe stated 4504 Hamline Avenue North ("Subject Property") is zoned R-1, Single Family Residential District, and is designated for Low Density Residential Uses in the 2040 Comprehensive Land Use Plan. The Subject Property is the site of a single-family dwelling owned by Mr. Densmore. All adjacent properties to the north, east, and south are also zoned R-1, Single Family Residential District, and designated for Low Density Residential Uses in the 2040 Comprehensive Land Use Plan. The parcels to the west across the street on Hamline Avenue are zoned R-3, Townhouse and Low Density Multiple Dwelling District, and designated for Medium Density Residential Uses in the 2040 Comprehensive Land Use Plan. Community Development Director Jagoe reviewed the Site Data, Plan Evaluation and requested the Council hold a public hearing. Mayor Grant opened the public hearing at 7:37 p.m. Brian Densmore, 4504 Hamline Avenue North, thanked the Council for considering his request. He explained he has had a steady client base over the past 28 years and does 45% of this work online. He reported he has a 60 foot long driveway which meant he had adequate space for his grandson, who would serve as his part-time employee during the tax season. Mayor Grant closed the public hearing at 7:40 p.m. 11. NEW BUSINESS A. Resolution 2023-052 — Planning Case 23-017 — Conditional Use Permit At 4504 Hamline Avenue North Community Development Director Jagoe stated Brian Densmore ("Applicant") submitted an application for a Conditional Use Permit to allow a Class II Accessory Home Occupation at 4504 Hamline Avenue North. The Applicant is the owner of Brian Densmore Tax Service, Inc., a business related to the preparation of tax returns. A home occupation is allowed in residential zoning districts, but a Conditional Use Permit is required when there are customers visiting the residence or an employee that does not reside in the residence. The Applicant is proposing to meet with customers in-person and virtually by appointment only as well as have one part time ARDEN HILLS CITY COUNCIL—OCTOBER 23, 2023 7 employee that does not reside in the residence which triggered the Class II designation requiring a Conditional Use Permit. Community Development Director Jagoe explained the Planning Commission reviewed this application at their October 4, 2023, meeting and have offered the following findings of fact for your consideration: 1. The subject property located at 4504 Hamline Avenue North is zoned R-1, Single Family Residential District and is designated for Low Density Residential uses on the 2040 Comprehensive Plan. 2. A home occupation is allowed in residential zoning districts, but a Conditional Use Permit is required when there are patrons visiting the premises or an employee that does not reside in the residence. 3. The Applicant is the sole owner of Brian Densmore Tax Service, Inc., a business related to preparation of tax returns. 4. The home occupation is conducted entirely within the dwelling. 5. The proposed home occupation would have a limited number of patrons visiting the home, as the Applicant would only be seeing one client at a time,by appointment. 6. There will be no exterior evidence of the home occupation. 7. The Applicant will be limited to one additional part-time employee that does not reside in the residence to facilitate the home occupation. 8. A public hearing is required for a Conditional Use Permit request before the request can be brought before City Council. 9. The Planning Commission conducted a public hearing on October 4, 2023. Community Development Director Jagoe reported the Planning Commission reviewed this application at their October 4, 2023, meeting. At that time, the Commission recommended approval of Planning Case 23-017 for a Conditional Use Permit to allow a Class II Accessory Home Occupation at 4504 Hamline Avenue North, based on the findings of fact and submitted plans, subject to the following conditions: 1. No exterior evidence of the home occupation shall be permitted. 2. No exterior signage shall be permitted. 3. The Applicant shall be limited to one employee that does not reside in the residence. 4. The Applicant shall comply with all sections of the City Code, including no more than four vehicles parked in a driveway at any one time. 5. The Applicant shall be required to submit and maintain a Home Occupation Accessory Class II License with the City while the home occupation is active. Councilmember Monson asked if Condition 4 was just linked to the business. Community Development Director Jagoe reported this was the case. She explained under the Class II License the applicant could have asked for two additional parking spaces, but this was not requested as part of this application. Councilmember Monson questioned if the Class II License would allow for two employees for a short period of time. ARDEN HILLS CITY COUNCIL—OCTOBER 23, 2023 8 Community Development Director Jagoe explained the Class II License would only allow for one employee. Councilmember Rousseau thanked Mr. Densmore for having his business in Arden Hills. Councilmember Fabel asked if the applicant supported the five conditions for approval. Community Development Director Jagoe reported the applicant supported the five recommended conditions for approval. MOTION: Councilmember Rousseau moved and Councilmember Fabel seconded a motion to adopt Resolution 2023-052 for Planning Case 23-017 for a Conditional Use Permit to allow a Class II Accessory Home Occupation at 4504 Hamline Avenue North, based on the findings of fact and submitted plans, subiect to the conditions within the October 23, 2023 report to the City Council. The motion carried (5-0). 12. UNFINISHED BUSINESS None. 13. COUNCIL/STAFF COMMENTS Councilmember Monson stated she finds the public approaching the dais during the Public Comment portion of the meeting extremely inappropriate. She asked if the City Council had a policy in place to address this concern. Mayor Grant commented he was not aware of any policy. He indicated the Council has allowed the public to approach the dais in the past with written documentation. Councilmember Monson supported the City Council having a policy in place to ensure the Council was not approached during public meetings. She believed approaching the Council during a public meeting was highly inappropriate and should not occur. Councilmember Rousseau agreed with Councilmember Monson. Mayor Grant supported the Council discussing this matter with the League of Minnesota Cities. He explained it was unusual for a resident to bring a Councilmember a gift. He stated he did not want to tell someone they cannot approach the dais. Councilmember Monson indicated she was interested in increasing the City's tobacco fees for 2024. Councilmember Monson provided the Council with an update from the Fire Board. She explained Shoreview was interested in moving forward with the fire district and noted North Oaks was not. She stated she informed the Fire Board that Arden Hills was not interested in pursuing a fire district either,but that the City would support a bylaws update. ARDEN HILLS CITY COUNCIL—OCTOBER 23, 2023 9 Councilmember Monson reported she had no personal benefits or conflicts of interest concerning the Rice Creek Commons development. Rather she was trying to use her years of experience in the renewable energy industry to assist in moving this project forward. She stated she has a great interest in doing the right thing for the environment and by making this project as sustainable as possible. She noted that her company works on much larger scale projects, and that this project is much smaller. She explained that if a personal interest were to arise, she would recuse herself or take the appropriate steps necessary. Councilmember Holden indicated she was able to attend Fun Fest at the townhouses last Saturday. She stated this was a very well attended community event. Councilmember Holden reported the Gathering Place held a trunk or treat event at Hazelnut Park that was also very well attended. Councilmember Holden suggested the City Attorney provide the Council with information on the open meeting law. She commented that one Councilmember was having serial meetings. Councilmember Holden indicated she was appalled by one of the earlier speakers who spoke about transportation from the AUAR and how the AUAR showed the TCAAP site could accommodate 1,500 or 2,500. She clarified that the bottom line was the AUAR did not address internal transportation. Rather, it addresses four intersections, 35W, County Road H, Hamline Avenue and County Road 96. She stated she was tired of hearing the lies about how there were no traffic concerns. She encouraged Mr. Larson to go back and read through the minutes as to how the 1,460 density number came about. She reiterated that the County failed to submit their terms which meant they were not willing to negotiate. She noted the City accepted an offer during mediation and the County changed their mind. Councilmember Holden wished everyone a safe and Happy Halloween. Councilmember Holden reported when people are treated inappropriately from the bench, perhaps the bench needs to be treated inappropriately. Councilmember Fabel stated he has been in the public life for many of his 77 years and has never before been offered a bribe. Councilmember Fabel spoke to Mr. Larson's comments. He noted he has a series of emails and letters dating back to April 25, 2022 noting he requested all data generated or maintained by the City Council pertaining to the amount or nature of residential home units within TCAAP or Rice Creek Commons development. He stated he had several discussions with Mr. Perrault after making this request. He reported on June 9, 2022 Mr. Larson and himself met with Mr. Perrault who provided a partial response to his document request. However, he was told the information requested from the Mayor and Councilmembers was not yet available. He stated on October 4, 2022 he spoke with Mr. Perrault regarding the data from the Mayor and City Councilmembers noting the information had still not been produced. He explained requests made for information, as discussed by Mr. Larson, were made to the Councilmembers and Mayor in April of 2022 and this request was repeated through the end of 2022. To this day, this information has not been provided. He concluded that Mr. Larson was correct, this information had never been made ARDEN HILLS CITY COUNCIL—OCTOBER 23, 2023 10 available in a public fashion or it would have been provided. Alternatively, the information was not provided, which would be a violation of State Law and the Mayor and Councilmembers could be removed from office. Councilmember Rousseau explained the PTRC did not have a quorum at their last meeting. Councilmember Rousseau reported the EDC would be holding its second meeting on Wednesday, October 25. She noted this group still had two open seats. Councilmember Rousseau stated NYFS held an open house at their White Bear Lake clinic last week. Mayor Grant indicated the Primer Tracer property was still up for auction and the current bid was $3,410,000. Mayor Grant addressed the comment made by Mr. Larson and if there was an agreement on the 1,460 units. He stated the City did have an agreement with the County on this number. He explained he had a print out of a Ramsey County Board of Commissioners agenda, which included an approved master plan that included 1,460 units. He noted an amendment was considered changing the number of units from 1,431 to 1,460 units. He reported action on this amended item was taken by the Ramsey County Board on December 20, 2016. Mayor Grant stated Councilmember Fabel previously stated the TCAAP AUAR called for a development that was between 1,500 and 2,500 units. He explained there was never one scenario between this range. Rather the two scenarios that were considered were the zoning scenario that was consistent with the City's approved comprehensive plan and associated development limits included in the City's current zoning code. He stated the zoning scenario included up to 1,500 residential units, 500,000 square feet of retail and 1,700,000 square feet of non-retail commercial space. He indicated people may wonder why the County went from 1,431 to 1,460, noting this was because this was the City's zoning scenario. He explained the people who completed the AUAR advised the City Council, at the time, that if the City chose to go over 1,500 units, the AUAR would have to be redone. The recommendation to the City was to set another limit for analysis purposes. He stated there was nothing magical about the 2,500 number, but rather established what would need to happen on the property if the development went over 1,500 units. He indicated the City and the County were working together and the density was increased to 1,460 because this was the City's zoning scenario. He reported the AUAR talks about two different scenarios. He clarified that one of these scenarios was not between 1,500 and 2,500 units. He commented on Page 2 of the AUAR noting this document was available on the City's website. Mayor Grant discussed the document request that Councilmember Fabel made and stated it was his understanding he asked to come in and review documents. He asked if this was City Administrator Perrault's recollection. City Administrator Perrault stated this was partially correct. He noted Councilmember Fabel and Mr. Larson had asked to review documents and that the other half of the request was for emails and other Councilmember communication. ARDEN HILLS CITY COUNCIL—OCTOBER 23, 2023 11 Mayor Grant questioned if Councilmember Fabel came in. City Administrator Perrault stated he did come in to satisfy the document review portion of his request. Mayor Grant commented on how he himself did a search on the City's website for TCAAP documents and over 900 documents came up. He also noted Councilmember Fabel was a sitting Councilmember and he could come in and review any City documents he wants. City Administrator Perrault stated this would be correct, but regarding the communication piece, this would require the City Councilmembers to provide those messages. Mayor Grant stated again that Councilmember Fabel could come in at any time he wishes and review City documents. City Administrator Perrault reported this was correct. Mayor Grant noted again for the record that there was no public document that any sitting Councilmember cannot have. City Administrator Perrault stated this was correct. ADJOURN MOTION: Councilmember Holden moved and Councilmember Monson seconded a motion to adiourn. The motion failed 2-3 (Councilmembers Fabel, Monson and Rousseau opposed). Councilmember Fabel stated he would like to be able to confirm the accuracy of his statement. He explained last October he was told the Mayor and Councilmembers had failed to produce the information he requested repeatedly. He indicated this information was specific to all documents pertaining to the amount and nature of residential home units to be included on the Rice Creek Commons development. He also had requested Councilmember emails as well as these other documents. He reported the Mayor and Council has failed to produce the information requested and that the Mayor and Council continues to fail to produce this information. He asked City Administrator Perrault if this was correct. City Administrator Perrault reported he did not use the word failed. Rather he indicated the information was not available at the time it was requested. Councilmember Fabel explained that staff had requested the information as requested by him pertaining to communications from the Mayor and Councilmembers, and it was never provided. City Administrator Perrault confirmed he has not yet received that information. Councilmember Rousseau stated she had not received all of the information contained in her data request either. ARDEN HILLS CITY COUNCIL—OCTOBER 23, 2023 12 Mayor Grant explained half of her data request was for social media information. He indicated he does not do social media. Councilmember Rousseau recalled that last December, the Mayor told her he was halfway through his emails and that he would get back to her. She noted she has not received any information from the Mayor. Mayor Grant indicated he would send Councilmember Rousseau an email stating he would have no data from social media. Councilmember Monson reported her data request was also initially denied, which pertained to economic analysis, but she did receive this information once she was voted into the City Council. She stated that she then made this information available to the public. MOTION: Councilmember Rousseau moved and Councilmember Monson seconded a motion to adiourn. The motion carried 4-1 (Councilmember Holden opposed). Mayor Grant adjourned the Regular City Council Meeting at 8:26 p.m. C\\jAoj 11 1, Ln4o��- Juli9yanson David Grant Cit Jerk Mayor