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HomeMy WebLinkAbout07-22-24-R -AlkQEN HILLS Approved: August 12, 2024 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING JULY 22, 2024 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; Assistant to the City Administrator/City Clerk Julie Hanson; and City Attorney Greta Bjerkness PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA Councilmember Monson requested Items 8F and 8G be pulled from the Consent Agenda for discussion as Items 9A and 9B. In addition, she requested the addition of Consent Agenda Item 8K—Professional Services Agreement with Dave Perrault. Mayor Grant requested Item 8K be pulled from the Consent Agenda for discussion as Item 9C. Councilmember Monson asked if the Council would support moving Item 11A to Item 1OB and Item 11 B to Item 1 OD. Councilmember Rousseau supported this recommendation. MOTION: Councilmember Holden moved and Councilmember Monson seconded a motion to approve the meetiny-agenda as amended. The motion carried (5-0). 2. TCAAP/RICE CREEK COMMONS UPDATE City Administrator Perrault stated the next Joint Development Authority meeting is scheduled for tomorrow July 23rd, the meeting will cover ongoing project updates over the last few months ARDEN HILLS CITY COUNCIL—JULY 22, 2024 2 and an update from Alatus on their ongoing negotiations with a private equity partner. The energy committee is also slated to meet later this week to discuss updates on the consultants work. The engineering contract for the completion of the Spine Road design has been finalized, it was awarded to both Kimly Horn and Bolton and Menk to work on jointly. Lastly, we have not received any updates on either the development of the Thumb, aka Outlot A, or the Primer Tracer properties. Mayor Grant asked if Bob Lux has come back with information after working with Twin City Land Trust. City Administrator Perrault stated City staff has not seen this document. It was his understanding this document was with Mr. Lux's attorney. He anticipated he would receive this document from Mr. Lux tomorrow. 3. PUBLIC INQUIRIES/INFORMATIONAL Donna Wiemann, 1406 Arden View Drive, asked the City Administrator if the JDA would be meeting tomorrow or if it was the JDA Advisory Committee. City Administrator Perrault stated the JDA would be meeting on Tuesday, July 23 at 5:30 p.m. Lyle Salmela, 1480 Arden Vista Court, commented on the cost of energy. He encouraged the City Council to consider having Rice Creek Commons be entirely electric in order to save costs and greenhouse gases. He discussed how efficient electricity was versus natural gas, and noted the cost per kilowatt hour of electricity has remained close to the same price for the past 60 years. He offered to be a citizen energy advisor to the City for Rice Creek Commons. Gregg Larson, 3377 North Snelling Avenue, spoke to City Administrator Perrault's tenure with the City, noting he previously served as the Finance Director. He reported he had the fortune and misfortune of seeing City Administrators come and go as a Planning Commissioner, City Councilmember and resident of Arden Hills. He witnessed the City lose its first TCAAP development team, chase the illusion of a Vikings Stadium, toy with a new franchise tax levy and squander the opportunity for a collaborative partnership with Ramsey County. He stated the one thing that was done right was the appointment of Dave Perrault as City Administrator in 2018. He believed Mr. Perrault was the best City Administrator the City has had. He anticipated Mr. Perrault would be surprised by this opinion. He appreciated how Mr. Perrault responded to his questions or comments honestly and professionally. He admired Mr. Perrault's approach with the Council and how he advocated and defended City staff. He thanked Mr. Perrault for serving the City well and wished him all the best in his new endeavor. Mark Kelliher, 3712 Chatham Court, stated not everything was as it seems. He discussed how projects had been mishandled by Councilmember Rousseau. He was of the opinion there were numerous examples of mismanagement and he expressed frustration with the fact grass seed was not included in the buckthorn project. He indicated another example of mismanagement was Councilmember Rousseau's hasty approval of the Lindey's roundabout before receiving comment from the PTRC on what plants should be installed into the center of the roundabout. He reported the City would now be spending an additional $6,000 to relandscape this area. He indicated there were many other examples, including how it took Councilmember Rousseau two years to bring forward PTRC's recommendation to install automated locks on the restrooms at Perry Park. He ARDEN HILLS CITY COUNCIL—JULY 22, 2024 3 stated for all of the residents that believe this is bungling incompetence, they are wrong. He explained the reason she has not attended many of her meetings was because her schedule was overwhelming. Clearly, if a Councilmember was not able to attend a meeting, then details will not be available to them and projects will end up going awry. He reported at the June meeting, Councilmember Rousseau pointed out that it was impossible for her to attend some meetings because there were some meetings underway at the same time and that if there is a skinny agenda, this was not worth her time. He stated with all of these scheduling conflicts, he was reminded of some wisdom garnered from a fortune cookie, to do more than two things at once is to do nothing at all. He believed this was an explanation as to why so many of Councilmember Rousseau's endeavors end up on the skids, she has too much going on. He explained for those who believe Councilmember Rousseau is to blame, he was of the opinion the Council should be blamed because Councilmember Rousseau has been assigned to too many duties and tasks. He recalled that the Mayor and Councilmember Holden were stripped of any duties whatsoever. Those duties were then unfairly placed on the shoulders of Councilmember Rousseau, who is overwhelmed. He was of the opinion the solution was simple, he called on Councilmember Fabel to reverse course and make a motion to reassign Councilmember Rousseau's many duties to others so she can get the relief she needs. He anticipated Councilmember Rousseau would benefit, as would the entire City. 4. RESPONSE TO PUBLIC INQUIRIES None. 5. PUBLIC PRESENTATIONS None. 6. STAFF COMMENTS A. Transportation Update Public Works Director Swearingen reported reclamation and milling continues on the 2024 PMP Street and Utility Project. He anticipated paving would begin in the coming weeks. He urged drivers traveling through the project area to use caution. Councilmember Holden questioned how much Lindey's was paying towards the parking lot. Public Works Director Swearingen explained he did not have the numbers in front of him. He explained the City and County would be paying a portion and Lindey's would be paying for the remainder. B. Night to Unite Update and Proclamation Assistant to the City Administrator/City Clerk Hanson stated Night to Unite would be held on Tuesday, August 6. She noted to date there are 21 events registered with the City. She encouraged residents planning to host an event to register their neighborhood party with the City. She reported the City would be collecting school supplies as part of Night to Unite and items could be brought to City Hall or Ramsey County. ARDEN HILLS CITY COUNCIL—JULY 22, 2024 4 C. Elections Update Assistant to the City Administrator/City Clerk Hanson stated voting by absentee ballot began at the end of June for the August primary. She reported the primary would be held on Tuesday, August 13. She explained beginning Friday, July 26 residents could vote early in person at three designated locations, which included the Ramsey County Library in Roseville, the Ramsey County Library in Shoreview or the Ramsey County Elections Office in St. Paul. She noted the City would have two Council seats on the ballot in November. She stated the City Council filing period would be open from July 30 through August 13. She encouraged residents with questions to visit the City's website or contact City Hall. Mayor Grant welcomed new City Attorney Greta Bjerkness to the City of Arden Hills. 7. APPROVAL OF MINUTES A. June 17, 2024, Special Joint Work Session B. June 24, 2024, Special City Council Work Session C. June 24, 2024, Regular City Council MOTION: Councilmember Monson moved and Councilmember Holden seconded a motion to approve the June 17, 2024, Special Joint Work Session meeting minutes, the June 24, 2024, Special City Council Work Session as amended; and the June 24, 2024, Regular City Council meeting minutes as presented. The motion carried (S- 8. CONSENT CALENDAR A. Motion to Approve Consent Agenda Item - Claims and Payroll B. Motion To Approve 2nd Quarter Financials C. Motion To Approve An Outdoor Concert License And Miscellaneous Permit For MN Building And Construction Trades — Ribfest Event At The Red Bulls Facility On September 21, 2024 D. Motion To Approve Acknowledgment Of The Application Of MN Building And Construction Trades For An Exempt Permit To Conduct A Raffle With No Waiting Period—Ribfest Event At The Red Bulls Facility On September 21, 2024 E. Motion To Approve Amendment To Urban Requalification Joint Cooperation Agreement—CDBG F. Metion To Appr-eve Resignation Of City Admiaist+4e G. M do T Approve oye n,.point-.,,o„+ of Inter-:,..., City n a.,,,;.,;stf ateT H. Motion To Approve Payment No. 1 — 2024 CIPP Lining Project — Hydro-Klean, LLC I. Motion To Approve Cooperative Agreements With Great River Greening — Park Habitat Management(Hazelnut Park/Chatham Park And Floral Park) J. Motion To Approve $141,472.00 Quote From GMH Asphalt For Large Area Patching—2024 Street Maintenance Program K. Professional a co...4ees n it Dave no,...ault r . o0 0nt. ARDEN HILLS CITY COUNCIL—JULY 22, 2024 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 (5_0). 9. PULLED CONSENT ITEMS A. Motion To Approve Resignation Of City Administrator Councilmember Monson thanked Mr. Perrault for his fantastic work for the City. She stated he was an excellent advocate for the City of Arden Hills. She appreciated his sense of humor and the manner in which he tackles difficult topics. She thanked him for his time with the City. Councilmember Fabel stated Mr. Perrault has provided great service to the City of Arden Hills. He believed the City's great staff was being retained because of Mr. Perrault's great work as a supervisor. He indicated Mr. Perrault has been a tremendous advocate for the City with the TCAAP project. He appreciated how responsive Mr. Perrault was. He extended to Mr. Perrault his best wishes in his next venture. Councilmember Rousseau thanked Mr. Perrault for his dedicated service to the City. Councilmember Holden stated she would greatly miss Mr. Perrault. She thanked Mr. Perrault for the wonderful job he has done on behalf of the City of Arden Hills and wished him all the best in the future. Mayor Grant explained it has been his honor to work with Mr. Perrault for the past six and a half years as he served the community as City Administrator. He commented on how the community has changed in the past six and a half years. He appreciated how the environment at City Hall was one where people enjoyed working and this was due to Mr. Perrault's great leadership and professionalism. He wished Mr. Perrault all the best in his next venture. MOTION: Councilmember Holden moved and Councilmember Monson seconded a motion to Accept the Resignation Of City Administrator. City Administrator Perrault thanked the Mayor and Council for his time with the City. He stated he has learned a great deal over the past nine and a half years. He explained he was very appreciative that the City Council hired him. He indicated he appreciated the Council's kind words, but he explained none of his accomplishments would be possible without his fellow staff members. He commended his Department heads and the Assistant to the City Administrator/City Clerk for all of their efforts. The motion carried (5-0). B. Motion To Approve Appointment Of Interim City Administrator City Administrator Perrault reported under a different agenda item the Council will be accepting the City Administrator's resignation with a last day of August 9th. The Personnel Committee recently discussed how to best move forward with the City Administrator vacancy and is recommending Jessica Jagoe, the current Community Development Director, to serve in the ARDEN HILLS CITY COUNCIL—JULY 22, 2024 6 interim capacity. This approval would provide for the interim capacity to last until revoked by the City Council or notice by Ms. Jagoe that she no longer wishes to serve in the interim capacity; it is anticipated it will last until at least the end of the year. This approval will also include out of class pay for Ms. Jagoe in the amount of an additional fifteen percent of her normal salary. Pending approval, Ms. Jagoe would begin her interim duties effective at the end of the workday on August 9th following the current City Administrator's departure and would have the duties and authority normally attributed to the City Administrator. Councilmember Monson stated she was very proud to support this recommendation. She understood Ms. Jagoe had big shoes to fill, but she looked forward to seeing Ms. Jagoe in this new position. MOTION: Councilmember Monson moved and Councilmember Fabel seconded a motion to Approve Appointment Of Interim City Administrator. Mayor Grant stated as a member of the Personnel Committee he was pleased to bring this recommendation forward. He believed Ms. Jagoe's accomplishments spoke volumes and he was of the opinion Ms. Jagoe had the right tools to take on this new position. The motion carried (5-0). C. Professional Services Agreement with Dave Perrault Mayor Grant stated this item was a bench handout that was provided to the City Council from Assistant to the City Administrator/City Clerk Hanson. He asked for further comment from staff. Assistant to the City Administrator/City Clerk Hanson requested the Council consider a professional services agreement with Dave Perrault. She explained this agreement would allow for consultation services between Mr. Perrault and the Interim City Administrator and City Council. MOTION: Councilmember Holden moved and Councilmember Fabel seconded a motion to Approve the Professional Services Agreement with Dave Perrault. Mayor Grant thanked Mr. Perrault for being willing to offer consulting services to the City. He explained he was torn between taking Mr. Perrault's time as he would be moving on to a new career. He suggested Item 2 be amended to state the maximum number of hours be 32 hours per month. AMENDMENT: Mayor Grant moved and Councilmember Holden seconded a motion to amend Item 2 stating the maximum number of consulting hours per month shall be no more than 32 hours. Councilmember Monson questioned where 32 hours came from. Mayor Grant stated the initial contract specified $4,000 per month and then it was rewritten to be $125 per hour and if this hourly rate is divided out, it becomes 32 hours per month. Councilmember Monson asked if staff believed 32 hours would be sufficient. ARDEN HILLS CITY COUNCIL—JULY 22, 2024 7 City Administrator Perrault commented he would be advising on Rice Creek Commons and several projects that were still outstanding, such as the recycling RFP. He anticipated he would be consulting about eight hours per week, which led to the 32 hours per month. Councilmember Monson inquired if staff supported the 32 hours per month. Community Development Director Jagoe explained she has not yet discussed the outstanding projects at great length with City Administrator Perrault. She understood there were several outstanding projects that he would like to finish up and she was cautionary about putting a max on this because she did not know what questions may come up. She suggested a cap be set with a buffer of X hours be allowed at the consent of the Interim City Administrator. Councilmember Monson supported the contract remain as is given the fact 32 hours may not be the proper cap. Councilmember Rousseau recommended a cap not be set on the contract. She wanted staff to be able to access an additional support if necessary. Councilmember Holden stated she liked the hours being capped because she wanted to respect Mr. Perrault's time. She indicated Mr. Perrault was transitioning into a new career, he had a family to take care of and noted the Council could amend the contract at any point in the future if staff was seeing a greater need for consulting services. Mayor Grant requested a roll call vote regarding the motion to cap the hours at 32. A roll call vote was taken. The amendment failed 2-3 (Councilmembers Fabel, Monson and Rousseau opposed). Councilmember Fabel stated the Personnel Committee also discussed travel time for the City Administrator. He recommended the language be amended in Item 3 to clarify the City Administrator will not be paid for his time traveling to City Hall. AMENDMENT: Councilmember Fabel moved and Councilmember Monson seconded a motion to amend Item 3 stating the City Administrator will not be paid for time traveling to City Hall. Councilmember Monson stated it appears the Personnel Committee previously discussed this matter. City Administrator Perrault clarified that his time traveling to City Hall is not being paid, but the mileage amount would be paid. Councilmember Holden questioned if City Administrator Perrault would be paid to drive to the Ramsey County Library, for example, for a meeting. She asked for clarification from the City Attorney on how this language should be phrased. City Attorney Bjerkness explained the intent of the language was to make clear he would be able to get mileage reimbursement to any meeting on behalf of the City but he would not be getting his hourly rate for travel time. ARDEN HILLS CITY COUNCIL—JULY 22, 2024 8 Councilmember Monson suggested the amendment on the floor be withdrawn and that the City Attorney's language be used. Mayor Grant stated because this was only a wording change, this could be a friendly amendment to the amendment on the floor. AMENDMENT: Councilmember Fabel moved and Councilmember Monson seconded a motion to amend Item 3 stating any associated mileage will be reimbursed at the 2024 Federal mileage rate and time spent traveling shall not be paid hourly. Councilmember Holden expressed concern with the fact Mr. Perrault would not be paid for traveling from City Hall to a meeting on behalf of the City. She wanted to see Mr. Perrault properly compensated for his time when working on behalf of the City. The amendment carried 4-1 (Councilmember Holden opposed). The amended motion carried (5-0). 10. PUBLIC HEARINGS A. Planning Case 24-009 — Master Planned Unit Development, Final Planned Unit Development, Conditional Use Permit, And Site Plan Review — Lake Johanna Fire Department—3535 Pine Tree Drive Community Development Director Jagoe stated the applicant has submitted a land use application for Master Planned Unit Development, Final Planned Unit Development, Conditional Use Permit, and Site Plan Review, proposing to develop a 3.7-acre site located at 3535 Pine Tree Drive. The Subject Property is currently owned by the Applicant. The Applicant is proposing to build a two-story fire station Headquarters facility of approximately 41,000 square feet with a training facility and training tower. The Lake Johanna Fire Department provides public fire and medical emergency response services to the Cities of Arden Hills, North Oaks, and Shoreview. The Applicant currently operates out of three stations, the proposed project would replace Station 4 located at 3615 Victoria Street in Shoreview and become the Headquarters for the Department. The Applicant is planning for construction of the new Headquarters facility to begin in 2025. Community Development Director Jagoe explained the Headquarters Fire Station facility will consist of offices for five (5) full time staff members that would maintain typical Monday through Friday 8 to 5 business hours. The fire station will have a crew of three (3) Firefighters on duty 24/7 to respond to fire and emergency medical service (EMS) calls. Community Development Director Jagoe reviewed the Plan Evaluation in further detail with the City Council and reported the Planning Commission reviewed this application at the July 10, 2024 meeting. Three recommended conditions of approval were added by the Planning Commission to include "All items identified in the June 27, 2024 PW/Engineering Division memo shall be addressed. All comments shall be adopted herein by reference;" "The Applicant shall follow city code accordingly for tree mitigation of 300 caliper inches;" and "The Public Use Dedication/Park Dedication fee shall be waived for future development of Lot 2, Block 1 of the 2 ARDEN HILLS CITY COUNCIL—JULY 22, 2024 9 Pine Tree North plat." The Commission voted 6-0 to recommend approval with 20 conditions of Planning Case 24-009. Councilmember Holden asked if the City's Building Official has the proper certification to inspect this building as it was being constructed. City Administrator Perrault stated he does not currently have State delegation. Community Development Director Jagoe explained this would not be a State run facility and therefore the City's Building Official could inspect this building throughout construction. Mayor Grant questioned if this would change if the City were to receive federal funding for this project. City Administrator Perrault indicated he was uncertain if State delegation was required if federal dollars were involved. Councilmember Holden understood it was the fire department's intent to go north. She explained she was concerned with how the bank traffic would be impacted by the fire trucks if the sirens were not turned on. Community Development Director Jagoe stated the fire department's intent was to go north and they were proposing to turn their sirens on at the intersection. Councilmember Fabel commented on the letter the Council received from the retirement community expressing concern regarding the tree loss. He explained he visited the New Perspective Community and a number of residents spoke about looking at the forested area. He understood 443 caliper inches were to be replaced on the site and the fire department was proposing to only replace 48 caliper inches. He indicated the Planning Commission recommended 300 caliper inches be replaced. He requested further comment from staff on what a caliper inch was. Community Development Director Jagoe reported City Code requires a tree inventory to be completed on all project sites showing what trees will be removed while also describing the health and species of the trees. She explained significant trees slated to be removed have to be replaced. She indicated the loss of caliper inches of trees then have to be replaced. She stated City Code requires if more than 10% of the trees on the site were removed some form of mitigation was required, which could be replacement onsite, replacement off site or payment in lieu of. She stated in this case the applicant would be responsible for replacing 443 caliper inches based on the caliper inches being removed and the applicant is proposing to replace 48 caliper inches. She indicated the Planning Commission believed there was additional replacement that could be mitigated in order to more closely align with the intent of the ordinance. The applicant could plant more onsite, offsite or they could do the payment in lieu of option. Councilmember Fabel indicated this would not satisfy the concerns of the residents at the New Perspective Community. ARDEN HILLS CITY COUNCIL—JULY 22, 2024 10 Community Development Director Jagoe stated it would not if the trees were planted offsite or if a payment was made in lieu of. She reported the applicant has indicated they have looked at ways to increase the landscaping and it was as robust as it could be for the site. Councilmember Monson asked what the New Perspective property looked like before it was developed. Community Development Director Jagoe indicated this property was also heavily forested and had a significant amount of tree removal. She explained that the Developer for New Perspective used all three mitigation measure by replacing trees onsite, offsite and a making a payment in lieu of. Councilmember Rousseau inquired if a number of the trees being removed were ash trees. Community Development Director Jagoe stated through the tree inventory the species and health of the trees were evaluated and it was determined by the applicant's arborist that 443 inches of significant trees would be lost. Mayor Grant opened the public hearing at 8:29 p.m. With no one coming forward to speak, Mayor Grant closed the public hearing at 8:30 p.m. B. Resolution 2024-037 Approving Conditional Use Permit — Master Planned Unit Development, Final Planned Unit Development And Site Plan Review — Lake Johanna Fire Department — 3535 Pine Tree Drive — Planning Case 24- 009 Community Development Director Jagoe stated this item was introduced under agenda Item 1 OA. Councilmember Holden requested further information regarding the variance requests. Community Development Director Jagoe shared a B-2 District Summary Analysis with the Council. Councilmember Holden indicated the site had to house a fire station and all necessary pavement surround the fire station for access and training purposes. She questioned if the driveway had to be flared to the south and understood from staff that this was necessary. She stated the Fire Station was estimated to have 100 trips per day and expressed concern again with the fact the sirens would not be turned on by the fire department until the intersection. She requested further comment from the Fire Chief on this matter. Fire Chief Boehike explained the 100 estimated trips would be firefighters coming to and from work and was not all emergency calls for service. He estimated the station would have five to ten calls for emergency services. He indicated the fire truck would exit the site and drive to the north because this was a controlled intersection. He stated this was safer for the public and safer for the firefighters. He reported sirens would be turned on as the fire truck approaches the intersection, noting the lights will already be locked up and the truck will be able to take a right or left turn. He ARDEN HILLS CITY COUNCIL—JULY 22, 2024 11 explained the only time the fire truck would be turning to the south on Pine Tree was if there was a fire in those neighborhoods. Councilmember Monson stated the two biggest pieces the Planning Commission discussed were the trees and the park dedication fee waiver. She indicated the discussion was taxpayer money would be used for the fire station. She commented on how the Fire Board supported waiving the park dedication fee to ensure costs would be kept down for taxpayers. She explained the 300 caliper inches was a compromise from the Planning Commission and noted it appears the park dedication fee should have been paid by Bethel University. Community Development Director Jagoe reported park dedication fees were to be paid as part of a future development process. She indicated she was not with the City when this parcel was split off from the Bethel property. She commented further on the formula that was followed park dedication fee noting the rate varies depending on the type of development that is pursued. She believed the park dedication fee was tied to the future of the lots, because the future development was uncertain. Councilmember Monson explained a fire station was a public use. Councilmember Holden commented when the fire department was looking at buying it and Bethel was looking at selling, the City did not want the additional burden of a park dedication fee to be transferred to the sale of this property. She indicated this would have added to the taxpayer burden. She stated if the fire department were to build on this property, the park dedication fee would be waived, but if the property were to be developed commercial, a park dedication fee could still be collected. She was of the opinion there was a lot of misinformation at the Planning Commission meeting. She noted the trails on this site were owned by Bethel and they gave the City the right to use these trails. She stated that at any moment in time, Bethel could tell the City that no one can walk the trails because the City does not own them. She pointed out that the building the Fire Department is in right now, Arden Hills isn't paying anything. She said Shoreview owns the building, they allow the Fire Department to use it and Arden Hills does not pay rent. She did not understand why the Planning Commission was intent on sticking it to Shoreview and North Oaks for the park dedication fee and trees. She supported giving up the park dedication fee given how Shoreview has donated a fire station building for years that has served Arden Hills' residents. Mayor Grant stated he supported the proposed criteria within the conditional use permit and the design materials. In addition, he supported the setback variances and the 117 foot driveway. He indicated he would like to see more trees on the site, but he anticipated the site had as much landscaping as was possible given the amount of impervious surface on the property. He stated he supported the signage and noted he could support waiving the park dedication fee. He reported he supported the application with conditions. Councilmember Monson commented she did not believe the conversation at the Planning Commission involved sticking it to anyone. Rather the intent was to provide additional benefit to the City. She explained she supported withholding the park dedication fee. She asked if the Mayor supported Condition 19. Mayor Grant indicated he supported allowing the applicant to plant the proposed 48 caliper inches. ARDEN HILLS CITY COUNCIL—JULY 22, 2024 12 Councilmember Monson stated she appreciated Councilmember Holden's comments and stated in the spirit of working with three cities, she recommended the City keep costs as low as possible for all three cities. For this reason, she recommended that Condition 19 be removed. Councilmember Holden agreed with this recommendation. She indicated she watched the Planning Commission meeting and understood a comment was made about making Shoreview pay 60% for the trees. She explained there was a topic of putting in bigger trees, but noted this was difficult because the trees do not always survive. Public Works Director/City Engineer Swearingen explained he was not a tree expert but noted when the City plants trees, they were typically two to three caliper inches. Councilmember Holden reported she was shocked by the discussion the Planning Commission had regarding the trees the City had planted and were not taking care of and that the City voted to no longer pursue maintenance on the trees that were planted. She indicated she must have missed this conversation. She asked what this conversation was in reference to. Public Works Director/City Engineer Swearingen stated this statement was inaccurate. He indicated the City was continuing to water trees. He noted the only change was that there were several dead or diseased trees along Highway 96 that when removed, they would not be replaced. He explained the Council had approved irrigation along the TH 10 retaining wall. Councilmember Holden questioned why the Council liaison had not corrected the Planning Commission. Councilmember Rousseau stated she let the Planning Commission speak and work through the application. She indicated she tries not to advise. Councilmember Holden supported the City Council reviewing the duties and roles of the Council liaison. She commented further on how New Perspective demolished the trees on their lot and she believed the Fire Department owned this lot before they built on it. She explained she did not support forcing Shoreview and North Oaks to pay for additional trees because this was a public safety use. She supported the removal of Condition 19. MOTION: Councilmember Monson moved and Councilmember Holden seconded a motion to approve Planning Case 24-009 and the adoption of Resolution 2024- 037 for the Lake Johanna Fire Department Master Planned Unit Development, Final Planned Unit Development, Conditional Use Permit, and Site Plan Review for a proposed project on 3535 Pine Tree Drive based on the findings of fact, the submitted plans including 19 conditions as listed with the renumbering of Condition 20 and striking Condition 19 as listed in staff report in its entirety. Councilmember Holden commented on the staffing levels at the fire station. She asked if the staffing levels would change or increase in the future. Fire Chief Boehlke explained this building was never designed for today, but rather was designed for the future. He indicated additional bedrooms had been incorporated. He stated there would be five full time staff members working Monday through Friday along with three ARDEN HILLS CITY COUNCIL—JULY 22, 2024 13 firefighters on duty 24/7. He indicated as calls increase, there may be five or six firefighters on duty 24/7. He reiterated that this building was designed for the future and was in a great location in the community. Councilmember Holden questioned if the pavement surrounding this property and within the driveway would support the weight and frequent trips of the firetrucks. Public Works Director/City Engineer Swearingen reported he had reviewed the pavement section details and noted the fire station was proposing to have 7" concrete at the apron, which was adequate. He explained the adjacent street was a State Aid street, which meant it had a 10 ton standard and would be upgraded to a 12 ton standard in 2030. The motion carried 4-0-1 (Councilmember Fabel abstained). C. Planning Case 24-014 — Zoning Code Amendment, Master Planned Unit Development, Final Planned Unit Development, Conditional Use Permit, And Site Plan Review—Event Center—3776 Connelly Avenue Community Development Director Jagoe stated the Applicant has submitted a land use application for a Zoning Code Amendment, Master Planned Unit Development, Final Planned Unit Development, Conditional Use Permit, and Site Plan Review to redevelop the existing approximately 11,000 square foot commercial building on the property at 3776 Connelly Avenue. The Subject Property is currently owned by Standout Properties, LLC and the building is occupied by the Northern Lights Bingo Hall and Bright Side Cafe. The Applicant is proposing to renovate the existing building and resurface the parking lot. The Applicant is proposing a phased development with the event center established in Phase I and restaurant and adult day care uses to be established in Phase II and Phase IIl, respectively. The Applicant is seeking review and approval for Phases I and II at this time. Community Development Director Jagoe explained the Applicant presented a concept review at the City Council Work session on March 11, 2024. Councilmembers provided feedback on the existing parking lot, landscaping, on-site parking, as well as the process for serving liquor. This commercial corridor is accessible by way of County Road E West. This area is used by a number of small and large businesses for a variety of retail, manufacturing, distribution, warehousing, and office uses. Community Development Director Jagoe reviewed the Plan Evaluation and Zoning Text Amendments in further detail with the Council and reported the Planning Commission reviewed this application at the July 10, 2024 meeting. Four recommended conditions of approval were added by the Planning Commission to include "The Applicant shall provide benches near the primary entrance of the building;" "The Applicant shall be required to install curbing around parking islands with parking lot improvements;" "Screening for ground-mounted mechanical equipment shall meet the requirements of the Zoning Code;" and "The Applicant shall be required to cease hours of operation at 2 AM for commercial land uses approved as part of the PUD." The Commission voted 5-1 to recommend approval with the 21 conditions of Planning Case 24-014. Since the July Planning Commission meeting, the Applicant has made updates to the submitted application, with the addition of a bench at the primary building entrance, a statement that the Applicant intends to comply with curbing around parking islands, and comments about the ARDEN HILLS CITY COUNCIL—JULY 22, 2024 14 proposed ground mounted mechanical equipment screening. The Applicant also provided an updated narrative addressing the intended hours of operation. Councilmember Holden asked how complaints of vehicles leaving the site could be equated with this application. Public Works Director/City Engineer Swearingen indicated he has received complaints about people leaving this parking lot without yielding. He commented they were not recent complaints. Councilmember Monson reviewed the items the Council had to consider for this application. Mayor Grant recommended the zoning be addressed before the Planning Case. Councilmember Holden stated if the zoning were changed and this application were not approved, another event center could be located on this property. Community Development Director Jagoe clarified if the Ordinance language were approved a conditional use permit would still be required for a future event center. She explained if a CUP were approved, it would run with the land and another event center could operate on the property. Mayor Grant opened the public hearing at 9:39 p.m. With no one coming forward to speak, Mayor Grant closed the public hearing at 9:40 p.m. D. Planning Case 24-014 — Zoning Code Amendment, Master Planned Unit Development, Final Planned Unit Development, Conditional Use Permit, And Site Plan Review—Event Center—3776 Connelly Avenue • Ordinance 2024-007 Amending Chapter 13 Concerning an Event Center Use in the B-2 General Business District and Summary Ordinance • Resolution 2024-038 Approving Conditional Use Permit for 3776 Connelly Avenue Community Development Director Jagoe stated this item was introduced under agenda Item 1013. Councilmember Monson indicated she supported the proposed language for the Ordinance amendment. She recommended the hours of operation not be spelled out but rather that the hours of operation be set by the liquor license. She supported an event center having a liquor license until 2AM. She stated she would also like to allow for outdoor space for the event center given the fact the space would be used for weddings. Councilmember Rousseau stated there was nothing within the request that she did not support. She commented on the discussion that was held by the Planning Commission regarding hours of operation and noted the one vote against the project was because the Commissioner lived near the property and had concerns regarding noise. She commented on how Mito's in Roseville has a 2AM close on the weekends. She indicated she supported this request moving forward. ARDEN HILLS CITY COUNCIL—JULY 22, 2024 15 Councilmember Holden asked for further information regarding the liquor license. She inquired if a special license would be required to serve from IAM to 2AM. Assistant to the City Administrator/City Clerk Hanson reported this was the case. Councilmember Holden questioned if the restaurant would be open until 2AM. Community Development Director Jagoe stated the restaurant could serve liquor until 2AM if the applicant were to receive a 2AM liquor license. Councilmember Holden expressed concern with the fact liquor could be served until 2AM but then visitors had to be out of the building at 2AM. She commented on how she believed this request should be considered as a restaurant and a bar along with an event center. Community Development Director Jagoe reported in Phase 1, the applicant would have the event center only and guests would be able to utilize State licensed caterers that could serve food and/or liquor. She explained Phase 2 would include a restaurant that has a City liquor license that would open to the public that serves both food and alcohol. She commented on how the restaurant could then provide liquor services into the event center space. Councilmember Holden inquired if the liquor license would allow patrons to carry a drink from the event center into the restaurant space. Assistant to the City Administrator/City Clerk Hanson stated this would be allowed noting sale licenses were based on square footage. Councilmember Holden questioned if event centers were different than restaurants and bars. Community Development Director Jagoe explained the City would be adding a provision to the Ordinance regarding the event center use, which does not exist today that states that it would allow the event center to provide alcohol through a caterer. She indicated the restaurant would have the ability to serve liquor to both uses in Phase 2. Councilmember Holden asked if the restaurant would have to be open in order for alcohol to be served on the premises. Community Development Director Jagoe reported the restaurant would have to be operational in order to sell liquor. Councilmember Holden stated it did not make sense to her for the event center to be able to serve liquor until 2AM if everyone had to be out of the building by 2AM. She proposed the hours of operation be until 1AM and then the building be closed at 2AM. Councilmember Fabel questioned how late the building could serve alcohol. Assistant to the City Administrator/City Clerk Hanson explained the applicant could serve alcohol until IAM, unless they obtain a 2AM liquor license. ARDEN HILLS CITY COUNCIL—JULY 22, 2024 16 Councilmember Fabel indicated he has lived in Arden Hills for 40 years and he did not know there was a bingo hall on this property. He was of the opinion this was a great use for the space and stated he would be supporting the proposed use. Councilmember Monson discussed how the restaurant was required in order for the property to have a liquor license. She questioned if the applicant could come forward to respond to several questions. She requested the applicant walk through the flexibility requests that were required because she was using an existing building. Rose Kukwa, the applicant, explained the building was concrete at this time and it would be quite costly to break through the concrete in order to install windows. She noted the restaurant portion of the building would have windows but the event center space would not. She was of the opinion this would provide more privacy for the events taking place onsite. She commented on how benches were not required, but noted this was made a requirement by the Planning Commission. She indicated she would comply with this requirement. She reported her architect would address the building materials, landscaping and lighting items. Shira Fox, architect for the applicant, discussed how almost all of the flexibility that was being requested by the applicant was due to the fact the applicant was working with an existing building. She noted the off-street parking setback, building fagade transparency and building materials. She reported the building was concrete which led the applicant to select a brick veneer for the exterior. She commented that the south side of the building had a parapet with framing and she did not want a heavy material on the parapet. She indicated the engineer was not in attendance to address the lighting plan. She commented on how exterior or outdoor seating would take away parking spaces. She explained the island trees were conflicting with the lighting and noted the free standing signage was existing. Councilmember Monson questioned what percentage of events would have 450 attendees. Ms. Kukwa anticipated there would be some events that would be this big, but this would not be a regular occurrence. Councilmember Monson stated she supported the 2AM liquor license and closing time. She understood different cultures had parties much later than in the United States. She indicated she supported all of the flexibilities that were requested. She did not believe the site needed island trees because they would probably die. Mayor Grant understood there were a number of buildings constructed around the State just like this one, and because of the curvature of the roof and the temperatures in Minnesota, there was an expansion and contraction of the building. He commented on how a water line near the roof could be a problem. He recommended the applicant investigate this further. Ms. Fox stated a structural engineer will be involved in this project. Mayor Grant recommended the Council consider action on the Ordinance amendment at this time. Councilmember Holden asked if the brick veneer would have mortar. ARDEN HILLS CITY COUNCIL—JULY 22, 2024 17 Community Development Director Jagoe reported this was correct. MOTION: Councilmember Holden moved and Councilmember Monson seconded a motion to adopt Ordinance 2024-007 for Planning Case 24-014 for Zoning Code Amendments to Chapter 13, Section 1305 — Rules, Scope, Interpretation, & Definitions, Section 1320 — District Provisions, and Section 1325 —General Regulations to add language for an event center use in the B-2 General Business District by conditional use permit and authorization to publish a Summary Ordinance of 2024-007 for Planning Case 24-014. Councilmember Monson stated she believed this was a great use for this property. Mayor Grant requested a roll call vote regarding the motion regarding an event center. A roll call vote was taken. The motion carried (5-0). Councilmember Monson supported removing Condition 16. Community Development Director Jagoe reported this condition was a reflection of City Code requirements. Councilmember Monson stated she could support Condition 16 remaining in the CUP. She suggested Condition 21 be amended to allow the business to remain open until 3AM as requested by the applicant. She recommended Condition 23 be added stating: Applicant is not required to plant parking lot island trees. MOTION: Councilmember Monson moved and Councilmember Holden seconded a motion to approve Planning Case 24-014 and the adoption of Resolution 2024- 038 for the Elegant Event Center Master Planned Unit Development, Final Planned Unit Development for Phase 1 and 2, Conditional Use Permit, and Site Plan Review for an event center and restaurant at 3776 Connelly Avenue based on the findings of fact, submitted plans as amended by the conditions, amending Condition 21 to 3AM and adding Condition 23 to read: Applicant is not required to plant trees in the parking lot planting islands. Councilmember Rousseau stated she would prefer to vote on the conditions individually because she supported the business closing at 2AM. AMENDMENT: Councilmember Rousseau moved and Mayor Grant seconded a motion to amend Condition 21 to allow the business to remain open until 2AM. Mayor Grant commented he supported the business remaining open until 2AM noting last call would be well in advance of 2AM. Councilmember Monson explained the applicant would be able to serve alcohol until 2AM through the liquor license and she was proposing the business be allowed to remain open until 3AM for cleaning purposes. ARDEN HILLS CITY COUNCIL—JULY 22, 2024 18 Councilmember Holden reported she supported alcohol operations until 2AM with all people clearing the building by 3AM. Councilmember Fabel did not believe a lot of good things happened between 2AM and 3AM. He suggested the business be allowed to remain open until 2:30AM. Councilmember Monson indicated she would like to allow the business to remain open until 3AM,but in the spirit of compromise, she could support 2:30AM. Mayor Grant indicated he could support 2:30AM. Councilmember Rousseau stated she could also support 2:30AM. She withdrew her amendment motion. Mayor Grant withdrew his second. AMENDMENT: Councilmember Rousseau moved and Mayor Grant seconded a motion to amend Condition 21 to allow the business to remain open until 2:30AM. The amendment carried (5-0). Councilmember Holden requested Condition 20 be removed or that it be amended to allow for dogwood shrubs for screening purposes. City Attorney Bjerkness suggested Condition 20 read: Screening for ground mounted equipment shall meet requirements of zoning code and may include dogwood shrubs. AMENDMENT: Councilmember Holden moved and Mayor Grant seconded a motion to amend Condition 20 to read: Screening for ground mounted equipment shall meet requirements of zoning code and may include dogwood shrubs. The amendment carried (5-0). The amended motion carried (5-0). 11. NEW BUSINESS None. 12. UNFINISHED BUSINESS None. 13. COUNCIL COMMENTS ARDEN HILLS CITY COUNCIL—JULY 22, 2024 19 Councilmember Rousseau thanked the Boston Scientific employees that laid woodchips at Crepeau Park. She also thanked the individual that replaced weeds with a pollinator garden at Sampson Park. She noted 230 native plants were added to this park. Councilmember Rousseau reported the PTRC was asking for an update on the negotiations for the Hazelnut Parking lot. Mayor Grant reported he, Councilmember Holden and the Public Works Director were working on this matter. Councilmember Holden explained she would be meeting with the church next month in hopes of negotiating a land sale. Councilmember Rousseau indicated three members of the Planning Commissioners were interested in the City taking action on an ADU ordinance. She reported a Planning Commissioner has found at least six unregulated ADU's in the community. Mayor Grant asked if Director Jagoe was aware of any ADU's that were not permitted in the City. Community Development Director Jagoe stated she was not aware of any ADU's in the community. Mayor Grant encouraged this Planning Commissioner to speak with Director Jagoe in order to have these properties further investigated by staff. Councilmember Holden suggested this topic be brought to a future worksession. Councilmember Monson suggested this matter be written into the zoning code review. Community Development Director Jagoe explained this could be further discussed in November with the zoning code consultant. Councilmember Fabel stated several Commission members expressed appreciation for the picnic that was hosted by the City last week. He thanked staff for their efforts on this event. He commended Public Works for their great efforts to maintain Cummings Park. Councilmember Holden explained she was receiving a number of complaints about garbage cans sitting out in front of homes. She suggested this issue be addressed in an upcoming newsletter. Councilmember Holden encouraged staff to have speakers at the Planning Commission meeting to come to the podium in order for their comments to be recorded properly. She suggested additional training be offered to the Planning Commission on how or why Planning Cases can be denied. She requested that false statements made at the Planning Commission be corrected by staff at their meetings. Councilmember Monson commented the Fire Board was updating their bylaws. She explained the group recently reviewed the 2025 budget. She discussed the recent retirements from the Lake ARDEN HILLS CITY COUNCIL—JULY 22, 2024 20 Johanna Fire Department. She explained the fire department would be in attendance at the Slice of Shoreview celebration. Councilmember Monson indicated she attended the City sponsored picnic for the Commission members and stated this was a great event. She thanked all of the Commission members who volunteer their time to serve the community. Mayor Grant stated ADU's were an accessory dwelling unit. He stated ADU's were currently not allowed in Arden Hills. Mayor Grant explained he listened to the Planning Commission meeting as well and he heard a Commissioner state the City was letting trees die. He explained Public Works Director Swearingen was very clear in stating the City was watering trees and was not letting them die. He indicated this was an egregious comment that he would hope would be addressed. He stated if the Council liaison was not going to address these comments, he hoped staff could provide clarity at the Planning Commission meetings. He reported there were trees that have died of Emerald Ash Borer in the community and there was not much the City could do about this. Mayor Grant reported this would be City Administrator Perrault's last official meeting with the City. He stated it has been a pleasure working with City Administrator Perrault and he wished him well. ADJOURN MOTION: Councilmember Holden moved and Mayor Grant seconded a motion to adiourn. The motion carried (5-0). Mayor Grant adjourned the Regular City Council Meeting at 10:35 p.m. AP lAd- Julie nson David Grant City rk Mayor