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HomeMy WebLinkAbout11-27-23-R It -A DTEEN_HILLS Approved: January 8, 2024 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING NOVEMBER 27, 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, and Tena Monson Absent: Councilmember Emily Rousseau(Excused) 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 MOTION: Councilmember Monson moved and Councilmember Holden seconded a motion to approve the meeting agenda as amended. The motion carried (4-0). 2. TCAAP/RICE CREEK COMMONS UPDATE City Administrator Perrault stated the JDA has not met since the last Council meeting, nor has the Energy Advisory Committee. The JDA Advisory Committee did meet on November 16th to discuss the preliminary development agreement, infrastructure financing updates, and a possible term sheet. It is anticipated the Preliminary Development Agreement will be ready for the December 4th JDA meeting, as well as, a possible term sheet pending work to be completed yet this week. The advisory committee is planning to meet again this Thursday at 1:30 PM virtually, and it is anticipated a public audio link will be available. The next JDA meeting is planned for December 4th, in addition to the items above it is anticipated the JDA will also receive the report from the public engagement consultant from the November 1 st event. Another notable meeting coming up is the December 6th Planning Commission meeting, the Planning Commission will be discussing the comp plan and TRC amendments necessary to increase the density from 1,460 ARDEN HILLS CITY COUNCIL—NOVEMBER 27, 2023 2 housing units to 1,960 units. In addition to the formal notices required, the City also included in the newsletter an insert about the upcoming meeting. That concludes my JDA Update. Councilmember Holden asked if the 1,960 units would be pursued no matter the cost to the Arden Hills taxpayers. She said we don't have any traffic studies and we don't have financials. She asked if facts would be twisted to fit into the 1,960 or would this number be reviewed based on factual data when it comes in. City Administrator Perrault stated the proposed density would be reviewed based on the information the City and County has today. He reported the plans would be refined as the development agreement moves forward in 2024. He explained costs would come into play during the development agreement process. He noted the term sheet as it stands does say the maximum number of units was 1,960, and it is anticipated to be constructed at that level, but it does say it could be lesser as well. He noted this would be worked out during the development agreement. Councilmember Holden questioned if the JDA had discussed the profit margin the developer could have on this project. She recommended this be addressed and discussed by the JDA given the fact this project would be funded by taxpayer dollars. City Administrator Perrault reported the rate of return for the developer has not been discussed. Councilmember Holden asked if Planning Commissioner Wicklund would be able to discuss TCAAP planning cases. City Administrator Perrault stated Commissioner Wicklund would be abstaining and not voting on that planning case or be part of the discussion. Councilmember Holden asked if the JDA would be discussing the setbacks for homes on TCAAP. She stated it appears with 1,960 units the homes would only be three to five feet apart. City Administrator Perrault reported there would not be a change to the lot standards from 2016. He explained 40 feet would be the minimum lot size. Councilmember Holden stated she understood the City was encouraging homeownership within the TCAAP development, but having one bus within the development would not alleviate the problem of people getting to work. She encouraged the JDA to pursue more job opportunities within this project. Mayor Grant questioned if anything had been done on the updated AUAR. City Administrator Perrault reported there was nothing to report at this time. Mayor Grant inquired if the finances were still being considered by Ehlers. City Administrator Perrault explained he would be touching base with Ehlers this week and would be discussing when this information would be available for the Council. ARDEN HILLS CITY COUNCIL—NOVEMBER 27, 2023 3 Mayor Grant expressed concern with the fact the project has been deemed to have 1,960 units but no financial information has been provided to the City. He asked if the term sheet had been completed by staff. City Administrator Perrault indicated staff had drafted a term sheet and would be addressing this further at the next JDA Advisory Committee meeting. Mayor Grant inquired if this meeting would be open to the public. City Administrator Perrault stated an audio link for the public would be provided on the City's website for this meeting. Mayor Grant commented on the TCAAP open house that was held on November 1. He requested the comments received from the public at that event be provided to the Council. City Administrator Perrault explained the Council would be provided with a follow up report after the December 4 JDA meeting. Mayor Grant asked that staff speak with the consultant in order to provide all public comments from this event to the City Council. He spoke to how Rice Creek Commons was originally envisioned to have 4,000 jobs. Since that time, 32 acres of commercial property has been turned into residential. He inquired if staff had considered how to bring more jobs per square foot to the development. City Administrator Perrault stated the only changes that have been discussed was when the Council discussed (on November 11) the remaining commercial pieces and what can be done with the zoning. He explained this topic would be coming to the Council at a future worksession. Mayor Grant noted originally the commercial property on TCAAP/Rice Creek Commons was important for a lot of reasons, and that jobs are important and the economy is important in the community in which you live. He stated Arden Hills has a lot of large employers and if we were ever to lose one of those employers, it would not be good financial news for the city. He said Rice Creek Commons offers the ability to bring jobs in to the community, which is the lifeblood and the economic engine in our community. He did not believe it was a wise choice to turn 32 acres of commercial property into residential. 3. PUBLIC INQUIRIES/INFORMATIONAL Donna Wiemann, 1406 Arden View Drive, stated 1,960 housing units was presented at the community meeting on November 1. She understood the agreement being considered with the developer stated this would be the maximum number, but this may not be the final number. She expressed concern with the fact a Ramsey County Commissioner has stated this number may go up or it may go down. She asked that the Councilmembers serving on the JDA publicly confirm the number of units could go up or change. She noted recently a Councilmember stated the JDA was on the path to clearing up traffic concerns with respect to TCAAP. Since a traffic study has not been completed, she was unclear how the concerns have been cleared up. She discussed how a Councilmember had stated cities along Highway 96 were building whatever they wanted. While ARDEN HILLS CITY COUNCIL—NOVEMBER 27, 2023 4 she understood this may be the case in other communities, she wanted to see examples of projects along Highway 96 that match the size, scop and density of TCAAP. George Winiecki, 4175 Old Highway 10, thanked the Council for serving the community. He explained he has lived in the community for over 75 years. He indicated he did not understand what the JDA was proposing for the TCAAP development. He stated he was concerned with the original request of 1,500 units and now another 500 units was being added. He commented on how this project will impact the current residents of Arden Hills. He understood Ramsey County did not have spare cash laying around, but was proposing a large amount of affordable housing within this project. He stated he wasn't saying the City shouldn't help people, but he feared too many people were asking for help from the City, County and State. He questioned where money would come from to take care of the proposed affordable housing. He anticipated there would be a breaking point. He commented on how his property taxes would be going up 23% in 2024. He believed that adding 500 additional units to Arden Hills would be a crushing blow to the community and the City would not be able to afford the bill for the additional police, fire, infrastructure and maintenance. Linda Swanson, 1124 Ingerson Road, reported she still has not received a response to her questions made to the Council on September 11 and October 1. She spoke to the Council regarding transparency and commented on the discussions she has had with staff regarding JDA Advisory Committee meetings. She expressed concern with the fact there was no record of when the JDA Advisory Committee would be meeting. She was of the opinion, this was not transparent. She urged the Councilmembers who serve on the JDA to be more transparent. She recommended these meetings be accessible to the public and that the meeting schedule also be made available to the public. Mayor Grant requested staff prepare answers to the list of questions that were brought to the City from Ms. Swanson. City Administrator Perrault stated he would work with Ms. Swanson to draft answers to the questions. Councilmember Monson indicated she did not agree with staff responding to these questions until she knew what the questions were. Councilmember Holden recalled that at the September 11 and October 1 meetings the Council requested staff to respond to these questions. She recommended staff review the minutes to see what direction was provided. She did not support the Council changing their action from the direction that was given at these meetings. Ms. Swanson addressed the Council again and reviewed the two questions she provided to the Council on September 11 and October 1. The first question she asked was that a full verbatim report from City Administrator Perrault be placed on the City's website or in the Council minutes. Councilmember Monson indicated she could support the TCAAP/Rice Creek Commons update being posted on the City's website. She asked why this report was not already included in the City Council minutes. ARDEN HILLS CITY COUNCIL—NOVEMBER 27, 2023 5 City Administrator Perrault explained a summarized statement was written into the minutes, but a verbatim statement was not provided. Councilmember Monson supported a verbatim statement on TCAAP/Rice Creek Commons being included in the minutes going forward. Councilmember Fabel stated he believed the reports that were provided by City Administrator Perrault were reasonable and ample. Mayor Grant and Councilmember Holden supported a verbatim report being placed in the minutes as well. Mayor Grant asked what Ms. Swanson's second question was. Ms. Swanson requested a list of any and all resident recommendations the JDA has included in their plans as well as the resident that made the request. She expressed concern with the fact the JDA was not listening to or hearing any of the requests being made by the public when it comes to the TCAAP development. Mayor Grant questioned if the City was at liberty to disclose resident communications. City Attorney Schmidt explained correspondence between an elected official or a member of an appointed body, is not public data,but the recipient or the sender may choose to make it public. Councilmember Holden stated she believed this was a good question. She indicated she has asked for things to be brought up by the JDA and she was told she had to attend the meetings. Councilmember Fabel commented on the amount of communication and information that comes to a public official, noting much of it is oral. He stated he would not be able to recall every bit of information or suggestion that he has received from the public. He discussed how he brings a collection of information to all of his deliberations, as does every public official. He stated he did not have what Ms. Swanson was asking for. Councilmember Monson agreed with Councilmember Fabel, noting people make broad statements to the Council and she was taking this input from the public into consideration. She noted she was also taking into consideration the comments from the City Council, which had her reconsidering the zoning around the commercial district. Ms. Swanson indicated her questions had been addressed. 4. RESPONSE TO PUBLIC INQUIRIES None. 5. PUBLIC PRESENTATIONS None. ARDEN HILLS CITY COUNCIL—NOVEMBER 27, 2023 6 6. STAFF COMMENTS None. 7. APPROVAL OF MINUTES A. November 2 Special City Council Work Session MOTION: Councilmember Holden moved and Councilmember Monson seconded a motion to approve the November 2, 2023, Special City Council Work Session meeting minutes as presented. The motion carried (4-0). 8. CONSENT CALENDAR A. Motion to Approve Consent Agenda Item - Claims and Payroll B. Motion To Approve Quote From Minnesota Roofing Company For Perry Park Pavilion Roof Replacement C. Motion to Approve Hiring of a Finance Director(Bench Handout) 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 (4-0 . 9. PULLED CONSENT ITEMS None. 10. PUBLIC HEARINGS A. Quarterly Special Assessments for Delinquent Utilities City Administrator Perrault stated water customers whose accounts are 90 days past due were informed that the City intends to certify delinquent charges to Ramsey County to be collected with property taxes. These customers have the right to a hearing in front of the City Council to discuss this matter prior to certification. Mayor Grant opened the public hearing at 7:42 p.m. With no one coming forward to speak, Mayor Grant closed the public hearing at 7:43 p.m. B. Planning Case 23-018 — Zoning Code Amendment — Ground-Mounted Solar Energy Systems In Residential Zoning Districts Community Development Director Jagoe stated in February 2023, Alatus LLC proposed an amendment to allow for the conditional use of solar energy systems within the Conservation District. Alatus's proposal established a definition for Solar Energy Systems and added Solar Energy Systems as a Land Use Category in the Land Use Chart for the Conservation District as ARDEN HILLS CITY COUNCIL—NOVEMBER 27, 2023 7 well as outlined special provisions for Solar Energy Systems in the Conservation District. The request from Alatus was to establish a pathway for solar energy systems to be allowed as a principal use through the Conditional Use Permit Process. The Zoning Code Amendment was reviewed by the Planning Commission on March 8, 2023 and approved by the City Council on April 10, 2023. While the Solar Energy Systems definitions are applicable to the City as a whole, the special provisions and CUP process for Solar Energy Systems were specifically established for the Conservation District. Community Development Director Jagoe commented further on how ground mounted solar was addressed by neighboring communities and provided an overview on the proposed ordinance amendments. It was noted the Planning Commission reviewed this application at their October 4, 2023 meeting. At that time, they tabled Planning Case 23-018 with direction to staff to provide language for the aesthetics, screening, and visibility of ground-mounted solar energy systems, to incorporate the residential zoning districts that are regulated by the TRC, and incorporate comments given by an All Energy Solar representative during the October 4, 2023 public hearing. The Planning Commission reviewed an updated application at their November 8, 2023 meeting. At that time, they recommended approval of Planning Case 23-018 for Zoning Code Amendments to Chapter 13 by a 5-0-1 vote (Commissioner Collins was absent and Commission Wicklund abstained). Councilmember Fabel stated he was confused by the provision 7(a) Subd. 3 on the visibility of the ground system. He reviewed the provision and asked if the systems could or could not be visible from the right of way. Community Development Director Jagoe explained solar energy systems shall be designed to blend into the architecture of the building and minimize the view from public right of way, other than alleys as well as adjacent property to the extent that doing so does not affect cost and efficiency of the system. She reported she saw what Councilmember Fabel was saying in Subd. 3. She recommended the language be changed to read: to the extent possible the systems shall not be visible. Councilmember Holden asked if staff had a definition for landscaping within the proposed ordinance. Community Development Director Jagoe reported she did not have a definition for landscaping in the draft solar amendments. She noted the applicant would have to provide screening information to the City. She was of the opinion at the time of installation, the landscaping would have to provide screening. Mayor Grant opened the public hearing at 7:58 p.m. With no one coming forward to speak, Mayor Grant closed the public hearing at 7:59 p.m. C. Planning Case 23-019 — Chapter 13, Filling And Excavation And Chapter 15, Erosion And Sediment Control ARDEN HILLS CITY COUNCIL—NOVEMBER 27, 2023 8 Community Development Director Jagoe stated at the April 17, 2023 City Council work session, it was identified that Section 1325.08 Filling and Excavation in the Zoning Code contained language that was inconsistent with Section 1510.01 Erosion and Sediment Control. Council directed staff to update inconsistent language in the ordinance on the amount of land disturbance and fill that can occur on a property triggering a permit. Staff were directed to work with the Public Works Director/City Engineer to review the Filling and Excavation section of the Zoning Code as the section is similar to the Erosion and Sediment Control standards of the City Code. Community Development Director Jagoe provided an overview of the proposed ordinance amendments. It was noted the Planning Commission reviewed this application at the November 8, 2023 meeting. The Commission voted 6-0 (Commissioner Collins was absent) to recommend approval of Planning Case 23-019. Councilmember Holden thanked staff for addressing this item and bringing it forward to the City Council. Mayor Grant opened the public hearing at 8:03 p.m. With no one coming forward to speak, Mayor Grant closed the public hearing at 8:04 p.m. 11. NEW BUSINESS A. Old Highway 10 Trail Improvements—SRF Proposal Public Work Director/City Engineer Swearingen stated in October of 2022, a feasibility study update was completed from a previous 2008 version of the proposed project corridor. On June 12, 2023, City Council approved Professional Services with Engineering Consultant, SRF, to complete a "Shovel-Ready" design to pursue potential future funding opportunities. SRF has produced plans considered 60%. With grant application opportunities approaching this Fall and over the Winter, SRF will be providing a presentation to City Council an overview of the project, community engagement summary, they will highlight some of the trail design features and their cost impacts, overall updated cost estimate and potential grant funding opportunities. Public Work Director/City Engineer Swearingen reviewed the potential budget impacts of this project. The Old Highway 10 Trail Improvements project is in the proposed 2024-2028 CIP and tentatively scheduled for 2025 construction, project funding would be derived from the City's PIR Parks fund, Municipal State Aid (MSA), Ramsey County cost-share and grant funding. City Staff is assuming that the project hinges on receiving external grant opportunities, if grant money is not received it is likely the CIP cannot support a project of this size. The below graph illustrates the projected PIR Fund balance through 2033, and this is WITHOUT this project programmed in. Should the project move forward without external grant funding, it would drive this fund negative for years unless the City were to consider bonding for this project on its own. The 2024-2028 CIP budget for the proposed Old Highway 10 Trail is based off the latest feasibility study cost estimate that was completed prior to design which was roughly $2.6 million total project cost. City staff will need to adjust the project costs to reflect the latest cost estimate based off of the current ARDEN HILLS CITY COUNCIL—NOVEMBER 27, 2023 9 design which is $4.1 million. A couple items to note that are reasons for the significant increase found through the design process is the boardwalk and retaining wall costs. Mike McGarvey, SRF, further discussed the proposed Old Highway 10 trail improvements. The project goals were discussed along with the public survey results. It was noted this trail would be eight to ten feet wide and would run along the west/south side of Old Highway 10 extending from the existing trail just south of Highway 96 to the existing trail at Lake Valentine Road. The project timeline was discussed with the Council. The details involving the boardwalk were discussed in further detail. He reviewed the cost estimates for the project and commented on the funding and grant opportunities that would be available to assist with offsetting costs for the City. He explained if the City were to receive grants from each of the funding sources, the City's obligation would be approximately $1.2 million. He ended his presentation by discussing the next steps for this project, which included applying for the various funding sources and finalizing the trail plans by March of 2024. Mayor Grant discussed the three different funding sources noting each grant opportunity would cost the City$7,000 to apply for. He recommended the shovel ready date remain firm at March of 2024. Councilmember Fabel asked what the optimism level was from SRF to receive the three funding sources. Mr. McGarvey explained he has been very successful over the years in receiving funding for various different clients. He believed the City had more than a 50150 shot at each funding source. He anticipated the federal requests would come in fully funding, if approved. He commented on how the merits of this project make a strong case, which will assist with funding success. Councilmember Holden stated she understood there were a lot of unfunded Safe Routes to Schools surrounding elementary schools. She asked if it was reasonable to believe Arden Hills would receive $1 million for this project when the total budget allocated for Safe Routes to School was $10.2 million. Mr. McGarvey stated he believed this project would be a good case. Councilmember Holden requested further information on how the federal funding can be used. Mr. McGarvey explained federal dollars can only be used for construction expenses, which was $3 million of the project costs, including construction of the trail. Councilmember Holden supported the City pursuing these grants but asked how much this would cost the City in consultant fees. Mr. McGarvey reported the federal money solicitation costs $8,000, the State application would cost the City$5,000, and the DNR grant would be $5,000 or less. ARDEN HILLS CITY COUNCIL—NOVEMBER 27, 2023 10 Mayor Grant stated he had concerns that the City would not receive the maximum for these grants, but understand the City would not know unless they tried. He asked what percentage of a match would be required from the federal funding. Mr. McGarvey explained the Federal SRTS grant funding would require a 20%match. Public Works Director/City Engineer Swearingen reported the City obligation does include part of the matching,but noted the Ramsey County contribution could be used for the match. Councilmember Monson questioned if the$4 million was in 2025 dollars. Mr. McGarvey reported this was the case. Councilmember Monson indicated this roadway was newly paved. She asked if the road would be impacted in any way through this project. Mr. McGarvey stated there would be some minor modifications made to the roadway at the edge of the road because new curb and gutter was proposed. Councilmember Monson reported she supported the City applying for these funding sources. She supported the Council further discussing its priorities when it comes to trails along with the strategic plans that were in place for the City's trails. Councilmember Fabel pointed out this trail would run to the Valentine Hills Elementary School. Councilmember Holden asked when the City would be pursuing the Roseville trail. Public Works Director/City Engineer Swearingen reported staff was still in preliminary discussions with Roseville and solicitation on this project will happen once MNDOT begins design. He was hopeful this work would begin in the spring of 2024. Councilmember Holden questioned if the trail was switching sides of the street at Highway 96. Mr. McGarvey explained there was an existing trail in place that this project would tie into on the west side of Lakeshore Place. Councilmember Holden stated she believed it was hard to plan for this project or projects like it because the City didn't know if they had enough funding in place. She indicated she did not support the City pursuing the DNR grant. Mayor Grant commented on how the DNR grant required a 25% match and was for greater Minnesota. Mr. McGarvey reported this was the case, noting the DNR would have an alternative transportation grant that would be available in 2024 and it was for greater Minnesota. However, he was uncertain if this grant would also be available to metro projects. ARDEN HILLS CITY COUNCIL—NOVEMBER 27, 2023 11 Mayor Grant questioned when the City would know if they receive any State or federal funding. Mr. McGarvey explained the City would hear back regarding the State money in April of 2024 and the federal funding would have a similar timeline. Mayor Grant requested the project mention this trail would run along a mobile home community as this may be favorable for the project. He indicated he could support the City going after the DNR grant, while understanding the City's likelihood may not be good. Councilmember Monson supported the City applying for all three grants. She questioned when the State and federal grant funding would be available to the City. Mr. McGarvey explained the State funding would be available in 2025 and the federal funding would be available in 2028. He indicated part of the application for the federal funding would be to request the funding as early as 2025, which would be appropriate for this project because it would be shovel ready. Councilmember Holden indicated the total DNR funding being granted in 2024 was $1 million and she did not believe the City of Arden Hills would receive 25% of this funding. She believed the City would be wasting $5,000 if applying for this funding. She recommended SRF receive a copy of the bonding fund write up that was drafted for the legislature. Mayor Grant agreed the odds were not great that the City would receive $250,000 from the DNR when only $1 million was available. He stated over the past 12 years the City has constructed 7.2 miles of trails in Arden Hills. He believed this was a lot of trails considering the City was only three miles long. He commented on how important it was for the proposed project to be shovel ready before pursuing funding sources. Councilmember Fabel supported the City pursuing the three funding sources. Councilmember Holden discussed how when this roadway was reconstructed by the County it was done in a manner to accommodate this trail. MOTION: Councilmember Monson moved and Councilmember Holden seconded a motion to request a proposal from SRF to apply for potential grant programs (Federal and State Funding) related to the proposed Old Highway 10 Trial Improvement proiect, noting each grant application is approximately $7,000 in fees. Councilmember Fabel asked for a friendly amendment to add in the DNR funding request. Councilmember Monson stated there was not enough support to accept this friendly amendment. The motion carried 3-1 (Councilmember Fabel opposed). B. Resolution 2023-057 Adopting And Confirming Quarterly Special Assessments For Delinquent Utilities ARDEN HILLS CITY COUNCIL—NOVEMBER 27, 2023 12 City Administrator Perrault stated delinquent utility amounts are certified to Ramsey County quarterly. A list of utility accounts with a delinquent balance was compiled and notices dated October 10, 2023 were mailed. These customers were informed of their delinquent status and were asked to make payment of the delinquent balance by November 20, 2023. Utility accounts with an unpaid delinquent balance would be certified to Ramsey County to be added to property taxes payable in 2024. The certification amount is equal to the unpaid delinquent balance plus an eight percent penalty. The list of remaining delinquent utility accounts was reviewed. The City will request that Ramsey County levy the delinquent balances against the respective properties. MOTION: Mayor Grant moved and Councilmember Holden seconded a motion to adopt Resolution 2023-057, Certifying Delinquent Utilities to Ramsey County. The motion carried (4-0). C. Planning Case 23-018 Zoning Code Amendment—Ground-Mounted Solar Energy Systems In Residential Zoning Districts o Ordinance 2023-013 Amending Chapter 13, Section 1320, Subsection 1320.05 (Land Use Chart) and Section 1325, Subsection 1325.02 (Accessory Uses) o Ordinance 2023-014 Amending Chapter 13, Section 1380, (TCAAP Redevelopment Code, Subsections 5.1 and 5.2) o Summary Ordinances 2023-013 and 2023-014 Amending Chapter 13, Zoning Code, Sections 1320, 1325 and 1380 Community Development Director Jagoe stated to allow ground-mounted solar energy systems as a land use in the R-1, R-2, R-3, NR-1, NR-2, and NR-3 residential zoning districts, the City's Zoning Code would need to be amended to designate Solar Energy System as an Accessory Use. If approved, an Applicant of any future proposed solar energy system within the R-1, R-2, R-3, NR-1, NR-2, and NR-3 zoning districts would apply for administrative review and approval through the building and electric permit process as drafted in the proposed ordinance amendments. Staff has prepared text amendments based on the Applicant's narrative, the Minnesota Solar Model Ordinance, the Minnesota Building Code, ordinances of neighboring communities, and comments from the October 4, 2023 meeting of the Planning Commission for "Solar Energy System" language within Sections 1320.05 Land Use Chart, 1325.02 Accessory Uses, 1380 5.1 Applicability, and 1380 5.2 Additional Use Criteria. Amendments were also made to Section 1380 6.1 General to All Zoning Districts to address solar energy system heights in TRC residential zoning districts. Staff reviewed the proposed ordinance amendments in further detail with the Council. Community Development Director Jagoe explained the Planning Commission reviewed this application at their November 8, 2023 meeting and have offered the following findings of fact for consideration: General Findings: I. Donald Wahlberg, The Applicant, is proposing amendments to the language of Chapter 13 —Zoning Code of the City Code. ARDEN HILLS CITY COUNCIL—NOVEMBER 27, 2023 13 2. Under the City's Zoning Code Section 1320.05, a Solar Energy System is considered a prohibited land use in the Residential Districts. 3. The Applicant is proposing an amendment to alter the Land Use Chart in Sections 1320.05 and 1325.02 of the Zoning Code to allow a Solar Energy System as an Accessory Use in the R-1, R-2, and R-3 Residential Districts. 4. The City is proposing to add special provisions for Solar Energy Systems to Section 1325.02—Accessory Uses. 5. The City is proposing an amendment to alter the Schedule of Permitted Uses Chart in Section 1380 5.0 and 5.2 of the TCAAP Redevelopment Code to allow a Solar Energy System as an Accessory Use with Criteria in the NR-1, NR-2, and NR-3 Residential Districts. 6. The City is proposing to amend Section 1380 6.1 —General to All Zoning Districts to state solar energy systems in NR-1, NR-2, and NR-3 are not exempt from height limitations regulated by zoning district. 7. Of 17 local communities surveyed, a majority allow for ground-mounted solar energy systems as a use in residential districts which can be approved administratively. 8. In Chapter 10 of the 2040 Comprehensive Plan — Protected Resources, "City encourages development of distributed solar energy systems that are in keeping with the community's character and use community solar resources"is listed as an implementation strategy. 9. In Chapter 12 of the 2040 Comprehensive Plan — Resilience and Sustainability, "Encourage the use of renewable energy and work to protect access to direct sunlight for solar energy systems"is listed as an implementation strategy. 10. Amendments to the Zoning Code regulations require a public hearing prior to action by the City Council. 11. If the zoning amendments were approved, an Applicant would be required to apply for administrative review and approval for a Solar Energy System within the R-1, R-2, and R- 3 Residential Districts and the NR-1,NR-2, and NR-3 Residential Districts. 12. The Planning Commission considered this land use application on October 4, 2023 and tabled the application with direction for staff to revise the drafted ordinance language. 13. The Planning Commission conducted a public hearing for the Text Amendment on November 8, 2023. Community Development Director Jagoe explained the Planning Commission originally reviewed this application at their October 4, 2023 meeting. At that time, they tabled Planning Case 23-018 with direction to staff to provide language for the aesthetics, screening, and visibility of ground-mounted solar energy systems, to incorporate the residential zoning districts that are regulated by the TRC, and incorporate comments given by an All Energy Solar representative during the October 4, 2023 public hearing. The Planning Commission reviewed an updated application at their November 8, 2023 meeting. At that time, they recommended approval of Planning Case 23-018 for Zoning Code Amendments to Chapter 13 by a 5-0-1 vote (Commissioner Collins was absent and Commissioner Wicklund abstained). Councilmember Monson asked what the timeline was for the applicant's project. Donald Wahlberg, the Applicant, explained the project would not be constructed until next spring. ARDEN HILLS CITY COUNCIL—NOVEMBER 27, 2023 14 Councilmember Monson indicated she had comments regarding screening. She explained she had extensive questions regarding rear versus side yard. She stated she would be happy to table action on this item in order for the Council to hold a more broad discussion on this item. She understood people wanted solar screened, but noted this was not something that could be screened due to the sheer size and it would impact the efficacy of the system. Councilmember Holden stated it was her understanding the language regarding screening was taken from other cities ordinances. She asked if these cities were having concerns. Community Development Director Jagoe explained five cities required screening and language was borrowed from these cities. She indicated she did not speak to City staff to see if they were having issues. Councilmember Holden commented on how landscaping did not have to include plantings, but rather could include fencing. Councilmember Monson stated she understood this to be the case. She explained she reviewed the minutes from the Planning Commission and noted they were split on the screening issue. She indicated she still supported the Council further discussing how screening would be clearly defined and addressed and recommended this item be tabled. Mayor Grant asked if the Council could support Councilmember Monson working with staff to further address her concerns regarding screening, or did the Council want to work directly to address this matter. Councilmember Holden stated there were many issues to consider when it came to screening. Councilmember Monson supported the language requiring residents to do their best to mitigate visibility issues while not requiring residents to make the entire system visible from alleyways or right of way. In addition, she supported properties having systems in side yards. Councilmember Fabel stated if solar systems were viewed to be favorable for the City's energy structure, it would be good in this manner. He stated he trusted planning staff to impose the kind of restraints that would be favorable to residents. He explained there was no urgency with this Ordinance as the applicant was not looking to install his system until May of 2024. He supported Councilmember Monson working with staff to further address the language regarding screening. Mayor Grant asked if the screening language would prohibit neighbors from planting trees that would encumber a solar system on a neighboring property. Community Development Director Jagoe reported the way the language was drafted today there was no protection for the homeowner with a solar system. Councilmember Holden indicated the City had a lot of small lots where this would not work and she agreed screening was a very important issue. ARDEN HILLS CITY COUNCIL—NOVEMBER 27, 2023 15 MOTION: Councilmember Monson moved a motion to table action on this item to allow staff to take further comments from the Council in order to bring back a new proposal at the December 18, 2023 City Council Worksession. The motion failed for lack of a second. MOTION: Councilmember Holden moved and Councilmember Monson seconded a motion to table action on Planning Case 23-018 to provide the Council with time to speak with the Planning Commissioners, Community Development Director, while also providing time to discuss this topic at the December 18, 2023 City Council Worksession. The motion carried (4-0). D. Planning Case 23-019 Chapter 13, Filling And Excavation And Chapter 15, Erosion And Sediment Control • Ordinance 2023-015 Amending Chapter 13, Section 1305, Subsection 1305.04 and Section 1325, Subsection 1325.08, and Chapter 15, Section 1510, Subsection 1510.01 and Section 1520, Subsection 1520.03 • Summary Ordinance 2023-015 Amending Chapter 13, Sections 1305 and 1325 and Chapter 15, Sections 1510 and 1520 Community Development Director Jagoe stated staff has prepared drafted ordinance language to be added for the City Council's review. The proposed ordinance would establish consistency between Chapter 13 and Chapter 15 on processes and procedures for the soil moving activities. The applicable Sections to be amended are as follows: • Section 1305.04, Zoning Code Definitions • Section 1325.08, Filling and Excavation • Section 1510.01, Definitions • Section 1520.03, Escrow Requirement Community Development Director Jagoe reviewed the proposed ordinance amendments in further detail with the Council noting the Planning Commission reviewed this application at their November 8, 2023 meeting and have offered the following findings of fact for your consideration: 1. The City of Arden Hills is proposing to amend ordinance language to make filling and excavation quantities, activities, and permitting processes consistent across the City Code. 2. The proposed ordinance will include amendments to the language of Chapter 13 —Zoning Code, Sections 1305.04 —Definitions and 1325.8 —Filling and Excavation and Chapter 15 — Grading and Erosion Control, Section 1510.01 — Definitions and 1530.03 — Escrow Requirements. 3. The proposed ordinance amendments were reviewed and supported by the Public Works Director/City Engineer. 4. The proposed ordinance amendments will align with Grading and Erosion Control industry best management practices. 5. Amendments to the Zoning Code regulations require a public hearing prior to action by the City Council. ARDEN HILLS CITY COUNCIL—NOVEMBER 27, 2023 16 6. The Planning Commission conducted a public hearing for the Text Amendment on November 8, 2023. Community Development Director Jagoe reported the Planning Commission reviewed this application at their November 8, 2023 meeting. At that time, they recommended approval of Planning Case 23-019 for City Code Amendments to Chapter 13 and Chapter 15 by a 6-0 vote (Commissioner Collins was absent). The following are motion language options for the City Council to consider. MOTION: Councilmember Holden moved and Councilmember Fabel seconded a motion to adopt Ordinance 2023-015 for Planning Case 23-019 for City Code Amendments to Chapter 13 Zoning Code and Chapter 15 Erosion and Sediment Control to strike and add language to standardize the permitting requirements for filling and excavation as well as the types of activities that shall be allowed. The motion carried (4-0). MOTION: Councilmember Holden moved and Councilmember Fabel seconded a motion to Authorize Publication for a Summary Ordinance of 2023-015 for Planning Case 23-019. The motion carried (4-0). E. Arden Hills Tobacco—Tobacco License Forfeiture Assistant to the City Administrator/City Clerk Hanson stated Arden Hills Tobacco violated City Code three times during a 12 month period. She explained that Arden Hills Tobacco was relinquishing its tobacco license effective at 11:59 pm on Sunday, November 26. A compliance check to confirm closure of the business occurred on Monday, November 27. Because the business had surrendered its license, it was recommended the Council formally accept the forfeiture of Arden Hills Tobacco's tobacco license at tonight's meeting. Councilmember Holden asked how many tobacco licenses does the City have at this time. Assistant to the City Administrator/City Clerk Hanson reported the City currently had six and now there would be five. She explained the City currently had no cap on the number tobacco licenses that were allowed in the City. Councilmember Holden supported the Council putting a moratorium on tobacco licenses in order to allow the Council to further discuss tobacco/cannabis uses in the City of Arden Hills. Councilmember Fabel reported the Council had one very specific item before them, which was the forfeiture of a tobacco license. He did not believe the Council had to discuss the potential of a moratorium at this time. MOTION: Councilmember Fabel moved and Councilmember Monson seconded a motion to formally accept the forfeiture of the tobacco license of Arden Hills Tobacco. Councilmember Holden stated she would like to discuss the topic of a moratorium prior to voting on this item. ARDEN HILLS CITY COUNCIL—NOVEMBER 27, 2023 17 Mayor Grant commented on how the discussion at this time had to be germane to the forfeiture of the tobacco license for Arden Hills Tobacco. Councilmember Monson asked if the forfeiture was accepted could the Council then move on a moratorium. City Attorney Schmidt reported this would be the proper process to follow. The motion to accept the forfeiture of Arden Hills Tobacco's tobacco license carried (4-0). Assistant to the City Administrator/City Clerk Hanson explained the City had received one tobacco license application for this location. She noted during the renewal process, a new buyer has come forward under a different company name. Councilmember Holden asked what this meant for the proposed moratorium. City Attorney Schmidt stated a moratorium could be put in place and this would apply to the active application. Councilmember Holden explained she supported the Council reviewing this topic now versus addressing this topic in the future. Councilmember Fabel indicated this was an important topic, but he was concerned with the fact no public notice was given regarding the proposed moratorium, nor was this topic on the agenda. He commented on how this moratorium could impact local business owners and he believed the City should be obligated to give public notice of the intent to address this topic at a future meeting. He was of the opinion it was procedurally inappropriate to take action on this item without giving the public notice. Councilmember Holden reported when she discussed this matter with staff, she was told this item did not need to be given notice, nor did the agenda have to be amended. City Attorney Schmidt concurred and explained there was no specific requirement that notice be given or that a public hearing be held on a moratorium or an interim ordinance, unless it is related to livestock management or official controls related to housing. However, that doesn't mean the Council couldn't do this, should they choose to. Councilmember Monson stated she agreed with Councilmember Holden that this topic should be further considered by the City Council, especially given the fact a tobacco license was just forfeited. She supported the City having more controls in place surrounding licensing given the concerns the City has had. She believed it would be nice for the Council to take the time to review this topic as well as the violation fees further. She stated while the City does not have to legally notice the proposed moratorium, she understood it may be a good idea. However, considering the City has an active application for a tobacco license, she would favor a moratorium being put in place at this time. ARDEN HILLS CITY COUNCIL—NOVEMBER 27, 2023 18 Mayor Grant indicated he would favor a moratorium being put in place on new licenses. He asked if the moratorium could be in place for one year. City Attorney Schmidt reported this was the case. Councilmember Monson questioned if Councilmember Holden would support a six month moratorium. Councilmember Holden recommended the moratorium be in place for up to one year. She stated this would allow staff more flexibility. She asked if a six month moratorium could be extended, should the need arise. City Administrator Perrault reported a six month moratorium could be extended, or a year long moratorium could be ended early. He agreed a one year moratorium could be put in place and that it be ended if the Council were able to wrap this item up prior to 365 days. Councilmember Monson stated she could support a one year moratorium with the understanding it would end if Council were able to wrap this item up prior to the one year timeline. MOTION: Councilmember Holden moved and Mayor Grant seconded a motion to direct staff to put a one year moratorium in place for new tobacco licenses in the City of Arden Hills. City Attorney Schmidt requested the Council provide staff with direction on what they were to study and what official controls staff should be investigating. MOTION AMENDMENT: Councilmember Holden moved and Mayor Grant seconded a motion to direct staff to put a one year moratorium in place for new tobacco licenses in the City of Arden Hills directing staff to study the number of licenses, zoning areas, fee schedule and violation fees. Councilmember Fabel recommended the impact of the proposed moratorium also be considered and how future businesses in Arden Hills would be impacted. Councilmember Holden stated staff could be directed to consider this as well but noted this would be an abstract concept to measure. Councilmember Fabel explained he would be abstaining from voting given the procedure the Council was following. The amended motion carried 3-0-1 (Councilmember Fabel abstained). 12. UNFINISHED BUSINESS None. ARDEN HILLS CITY COUNCIL—NOVEMBER 27, 2023 19 13. COUNCIL COMMENTS Councilmember Monson explained the public asked about the number of housing units and if the number would go up or down. She reported the 1,960 was a proposed number. She commented if this number needed to change this would be considered by the JDA. She stated she was not going to say that the number would not go up, , but at this point, she did not anticipate the number would go up. She said she cannot say this for sure but that was her feeling today on the density number. Councilmember Monson reported the Energy Advisory Committee has released and RFP for an energy consultant and responses were expected mid-December. This consultant would help with the energy vision for the Rice Creek Commons development. Mayor Grant stated mayors and city administrators from seven cities met last week and shared information on what was occurring within their community. Mayor Grant explained the City received two thank you's from election judges. He discussed how Ramsey County runs the City's elections, but the City works to provide its election judges with boxed lunches for election judges who serve. City Administrator Perrault reported he was working with the Communications Coordinator to confirm a time and location for the State of the City, which would be held on Saturday, February 10. He proposed this event be held at City Hall at 10:00 a.m. The Council supported this recommendation. Councilmember Monson asked if staff had dates for the LMCIT meeting and Council retreat. City Administrator Perrault stated the LMCIT meeting would be held on Wednesday, January 3 at 5:30 p.m. at City Hall. He noted the Council retreat date would be set after the LMCIT meeting. He indicated he would be bringing a contract forward for the consultant in December and anticipated the retreat would be held in the first quarter of 2024. Councilmember Holden suggested the contract not be brought forward until staff and the Council had agreed on a date for the retreat. Councilmember Monson supported staff bringing the contract forward as an effort to commit the City Council and staff to holding a retreat. ARDEN HILLS CITY COUNCIL—NOVEMBER 27, 2023 20 ADJOURN MOTION: Councilmember Holden moved and Councilmember Monson seconded a motion to adiourn. The motion carried (4-0). Mayor Grant adjourned the Regular City Council Meeting at 9:38 p.m. ze-74 J i Hanson David Grant C Clerk Mayor