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HomeMy WebLinkAbout09-22-25-R '!Tt QEEN_HILLS Approved: October 13, 2025 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING SEPTEMBER 22 2025 7:00 P.M. -ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor David Grant called to order the regular City Council meeting at 7:00 p.m. Present: Mayor David Grant, Councilmembers Brenda Holden, Tena Monson and Kurt Weber Absent: Councilmember Emily Rousseau(Excused) Also present: City Administrator Jessica Jagoe; City Attorney Greta Bjerkness; Public Works Director/City Engineer David Swearingen; Finance Director Joua Yang; Community Development Director Jacob Reilly; Senior Planner Elena Fransen 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 presented. The motion carried (4- 2. TCAAP/RICE CREEK COMMONS UPDATE City Administrator Jagoe stated the Joint Development Authority met on September 91'. The Commissioners approved the final plat for Rice Creek Commons Second Addition. The final plat was for Outlot C, often times referred to as the California Parcel, to subdivide the parcel for the dedication of the public right-of-way corridor for the Spine Road which through the platting process was renamed to Rice Creek Boulevard. The JDA also reviewed a draft Request for Information on the California Parcel. JDA staff was directed to draft an additional question pertaining to Developer challenges surrounding district energy and add language for seeking feedback on creating foot traffic. A motion was approved by the JDA with these amendments to move forward with the RFI. JDA staff is working on those amendments and the RFI should be released in the coming weeks. The RFI will be distributed ARDEN HILLS CITY COUNCIL—SEPTEMBER 22, 2025 2 through channels including but not limited to DemandStar, the Rice Creek Commons newsletter, and RiceCreekCommons.com. The RFI is anticipated to stay open for about 4 weeks. Lastly, direction was given to JDA staff to proceed with community engagement of organizing a webinar focused on sustainability and clean energy that will include a presentation on the advances made over the past two years and allow time for questions from attendees. This webinar may also include a review of how residents can learn more about the project and a request for topic suggestions for future info sessions. The webinar would be advertised on the Rice Creek Commons website and through the Rice Creek Commons newsletter and City channels. A recording of the webinar would also be posted on the Rice Creek Commons website. The JDA has discussed that if the webinar is successful, they may consider repeating this format on other topics. Neither of the advisory committees has met since the last Council meeting. Councilmember Holden inquired if the JDA would be setting minimum or maximum requirements for future developers. City Administrator Jagoe reported that the RFI includes all of the links to the documents pertaining to Rice Creek Commons, which will provide the general requirements for future developers. Councilmember Holden asked if this included asking if the developers had enough money to fund the project. City Administrator Jagoe stated the RFI did not address the request for proposal (RFP) which would come after the RFI. She explained the RFI would provide feedback on market trends, along with providing information on the challenges within the project scope. Councilmember Holden requested further information regarding the waivers Ryan Companies received on Outlot A. City Administrator Jagoe reported Ryan Companies received two permitted adjustments for the Micro Control project. She stated these adjustments allowed for a 10% reduction in parking and not requiring a project circulation plan, along with waivers to certain standards within the sustainability guidelines. 3. PUBLIC INQUIRIES/INFORMATIONAL None. 4. RESPONSE TO PUBLIC INQUIRIES None. 5. PUBLIC PRESENTATIONS None. ARDEN HILLS CITY COUNCIL—SEPTEMBER 22, 2025 3 6. STAFF COMMENTS A. Transportation Update Public Works Director Swearingen reported work began on the Lift Station 5 force main replacement project last week with directional drilling at County Road E. He indicated the contractor would be moving onto the next phase of the project which would require the closure of Noble Road at the Elmerson Anderson trail crossing. He reported the third phase of the project would require the closure of Stowe Avenue on the east side of New Brighton Avenue. He explained detour signage has been placed. Councilmember Holden stated residents on Noble Road are concerned about their pavement, given the fact this was a newer roadway. Public Works Director Swearingen stated staff has pictures of Noble Road and the contractor would be required to repair any damage to the roadway. 7. APPROVAL OF MINUTES A. August 25, 2025, Special City Council Work Session B. August 25, 2025, Regular City Council C. September 8, 2025, City Council Work Session D. September 8, 2025, Regular City Council MOTION: Councilmember Monson moved and Councilmember Holden seconded a motion to approve the August 25, 2025, Special City Council Work Session meeting minutes as amended, the August 25, 2025, Regular City Council Meeting minutes as presented, the September 8, 2025, City Council Work Session meeting minutes as presented; and the September 8, 2025, Regular City Council 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 Resolution 2025-060 Designating Certain City-Owned Property as Mullin Gardens C. Motion to Approve Resolution 2025-061 Appointing the Parks, Trails and Recreation Committee(PTRC)Youth Committee Member D. Motion to Approve Geotechnical Evaluation Proposal from Braun Intertec — 2028 PMP and Shoreline Lane E. Motion to Approve Payment to Visu-Sewer for Sanitary Sewer Televising Services —1-35W Trunk Main F. Motion to Approve Payment to Klein Underground for Emergency Watermain Repair Roadway Restoration—Dunlap Street ARDEN HILLS CITY COUNCIL—SEPTEMBER 22, 2025 4 MOTION: Councilmember Holden moved and Councilmember Weber seconded a motion to approve the Consent Calendar as presented 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 Finance Director Yang 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 7:14 p.m. Renee Peterschick, 3130 Ridgewood Road, explained she was a 35-year resident of Arden Hills. She commented she has had issues with being overcharged for her water. She noted she spoke with staff about this matter and she was told she has leaky plumbing. She reported she has had plumbers in her house and no leaks were found. She later learned that her meter has been changed four or five times. She had concerns that her current water meter was faulty. She expressed concern with how her water situation is being managed by the City and asked that her meter be replaced. Finance Director Yang stated this was the first she was hearing of this instance and she would need to follow up with her staff in order to better understand the concerns at this property. In addition, she can investigate when the water meter was last replaced and a check could be done on the water meter. Ms. Peterschick reported she hired a plumber to check for leaks and the plumber found no leaks in her system. Public Works Director Swearingen indicated the City runs into these scenarios every once in a while, and staff can test the meter to see if the meter is faulty. He indicated if the meter were found to be faulty, the City would pay for a new meter and the replacement. However, if the meter was tested and it tests accurately, the resident would be responsible for the fees. Ms. Peterschick asked when the City last changed out the water meters. Mayor Grant stated it had been 25 years and noted the City would be replacing all water meters in 2026 and 2027. City Administrator Jagoe explained typically when a water meter begins to fail, the meter will slow down, it does not speed up and record more water usage. ARDEN HILLS CITY COUNCIL— SEPTEMBER 22, 2025 5 Mayor Grant encouraged Ms. Peterschick to sign up for Eye On Water which will provide her with exact water read outs in real time on a daily basis. He reviewed Ms. Peterschick's water bill noting she had a fairly low amount of water usage. He recommended Mr. Swearingen look into the meter further. Further discussion ensued regarding the manner in which delinquent utility bills are paid back to the City. Councilmember Weber asked if the meter were found to be faulty, would the City revoke the delinquent utility fees. City Attorney Bjerkness advised this would be the case. Mayor Grant reported the City Council could remove the 3130 Ridgewood Road property from the delinquent utility list in order to allow staff to investigate this property further. Councilmember Holden stated she could support this but noted if the meter was found to be accurate, the resident would have to pay the outstanding bills. Mayor Grant indicated staff has been provided direction from the Council on how to proceed with the property at 3130 Ridgewood Road and noted the water meter would be tested. Mayor Grant closed the public hearing at 7:38 p.m. B. Planning Case 25-007 Amending Chapter 4 — City Code and Chapter 13 — Zoning Code—Keeping of Chickens and Ducks Senior Planner Fransen stated the City Council reviewed and discussed the ordinance for the keeping of chickens at several City Council Work Sessions in May and June of 2025. Suggested revisions were made to make the ordinance less restrictive and to incorporate additional best practices into the language. Following these work sessions, staff was directed to incorporate the recommendations into the ordinance for the Planning Commission to review. The Planning Commission reviewed a draft version of the ordinance amendment for the keeping of chickens at the August 6, 2025 meeting. The Planning Commission discussed multiple amendments to the draft language and tabled the review with direction to staff to review and draft revisions. Senior Planner Fransen explained at the August 11 Special Work Session, the City Council discussed the keeping of ducks. The City Council directed staff to bring forth the topic of the keeping of ducks to the Planning Commission for discussion to occur along with the review of ordinance language for chickens. The Planning Commission was asked to provide a recommendation to the City Council on whether the inclusion of ducks should be considered in city ordinances. Staff revised the draft ordinance language to incorporate the City Council's directed revisions and the Planning Commission's recommended revisions related to chickens. Staff also provided background information gathered from adjacent communities and draft ordinance language to assist with the Planning Commission's discussion about the inclusion of ducks. At the September 3 Meeting, the Planning Commission discussed and recommended the drafted revisions and incorporation of ducks in the ordinance language. Staff reviewed the proposed language amendments in further detail with the Council and requested the Council hold a public hearing. ARDEN HILLS CITY COUNCIL—SEPTEMBER 22, 2025 6 Councilmember Holden commented on the cleanliness language and asked if residents would be able to clean their coops and place the waste in a compost pile. Senior Planner Fransen reported the language requires residents to maintain a nuisance free environment. She indicated the language did not speak to compost piles or where waste from the coops shall be placed. She stated it would be up to the licensee to manage the waste odors. Councilmember Holden explained she was concerned with how coop waste could be added to compost piles and the odor that would be created from this. She commented on how the Council discussed and supported having neighbor consent versus neighbor notification. She expressed concern with how coops may be placed closer to a neighbor's home than a licensee's home, which could be worked through if neighbor approval remained in place. She questioned why the Planning Commission recommended seven chickens instead of six. Senior Planner Fransen stated that the Planning Commission discussed that chickens could be ordered three at a time. She also noted the Planning Commission discussed requiring neighbor consent at the initial licensing period. She reported the Planning Commission recommended the same requirements be followed, when it comes to neighbor notification, for chickens as was done for bees. Councilmember Holden commented on the differences between the keeping of bees versus the keeping of chickens and stated the two were not the same and therefore she did not believe the neighbor consent process should be the same. She explained she wanted to protect both the people who were keeping chickens as well as the neighbors. Councilmember Monson thanked Senior Planner Fransen for her detailed presentation. She requested further information regarding the 25-foot setback. Senior Planner Fransen reported the proposed 25-foot setback would make the coop placement more standard. She indicated other communities have similar language in place. Councilmember Monson stated she generally supported the recommendations from the Planning Commission and she appreciated their efforts to be consistent when it comes to the keeping of chickens. She inquired if a licensee were to have a fully fenced back yard would this resident be allowed to let the chickens roam free. Senior Planner Fransen explained a fully fenced in backyard would meet the definition and could serve as an exercise yard for chickens to roam when supervised. Councilmember Monson suggested the language read "and other allowed breeds" to address the potential for another loud bird type and in the event a resident were to bring in such a type that was not allowed in ordinance. She reported she supported the ordinance moving forward but suggested the setback requirement go back to the calculation in order to require a coop to be closer to a licensee's home than a neighboring home or expanding the setback from a neighboring structure. Mayor Grant asked if there was a minimum pen size for six hens. ARDEN HILLS CITY COUNCIL— SEPTEMBER 22, 2025 7 Senior Planner Fransen explained there was a minimum size per bird, noting code required 10 square feet per bird. Mayor Grant inquired if the pen had to be enclosed. Senior Planner Fransen stated this was correct, noting pens had to be enclosed and covered in order to allow for the birds to roam without supervision. She indicated if birds were outside the pen in an exercise yard, the birds would have to be supervised. Mayor Grant commented he supported keeping the maximum number of chickens at six since it was stated that orders for chickens are typically for three at a time, and a limit of six made more sense. Mayor Grant opened the public hearing at 8:10 p.m. With no one coming forward to speak, Mayor Grant closed the public hearing at 8:11 p.m. 11. NEW BUSINESS A. Resolution 2025-062 Adopting and Confirming Quarterly Special Assessments for Delinquent Utilities Finance Director Yang stated delinquent utility amounts are certified to Ramsey County quarterly. A list of utility accounts with a delinquent balance was compiled and notices dated August 6, 2025 were mailed. These customers were informed of their delinquent status and were asked to make payment of the delinquent balance by September 8, 2025. Utility accounts with an unpaid delinquent balance would be certified to Ramsey County to be added to property taxes payable in 2026. The certification amount is equal to the unpaid delinquent balance plus an eight percent penalty. The City will request that Ramsey County levy the delinquent balances against the respective properties. MOTION: Councilmember Monson moved and Councilmember Holden seconded a motion to adopt Resolution 2025-062 Adopting and Confirming Quarterly Special Assessments for Delinquent Utilities. Councilmember Weber asked if there was interest in removing the Ridgewood Road property from this list. Mayor Grant stated he did not support this action. Councilmember Weber indicated if the meter was found to be faulty, staff would work to adjust the bills for this resident. He inquired if the County would still move forward with assessing this property. City Attorney Bjerkness stated this would be time dependent. She indicated the assessment roll could be amended if an error were found on the bill. The motion carried (40). ARDEN HILLS CITY COUNCIL—SEPTEMBER 22, 2025 8 B. Ordinance 2025-003 Amending Chapter 4 — City Code Animals and Pets Sections 400 and 410 and Chapter 13 — Zoning Code Section 1325 — Location for Buildings Housing Farm Animals for Planning Case 25-007 and Authorization to Publish a Summary Ordinance 2025-003 Senior Planner Fransen stated staff has prepared a draft ordinance identifying language to be modified for the City Council's Review. The Planning Commission reviewed this application at their September 3 meeting and have offered the following findings of fact for your consideration: General Findings: 1. The City of Arden Hills is proposing to amend ordinance language for the keeping of chickens. 2. The proposed ordinance will include amendments to the language of Chapter 13 —Zoning Code of the City Code. 3. Amendments to the Zoning Code regulations require a public hearing prior to action by the City Council. 4. The Planning Commission held the required public hearing on August 6, 2025. Senior Planner Fransen explained Planning Commission reviewed this application at their September 3, 2025, meeting. At that time, they recommended approval with amendments of Ordinance 2025-003 and authorization to publish Summary Ordinance for Planning Case 25-007 for Ordinance Amendments to Zoning Code Section 1325.07, Subd. 6.A and City Code Section 400.01 and Section 410.01, Subd. 3 regarding the Keeping of Chickens and Ducks, based on the findings of fact and as presented in the September 22, 2025, Report to the City Council. MOTION: Councilmember Monson moved and Councilmember Holden seconded a motion to Adoption of Ordinance 2025-003 for Planning Case 25-007 regarding a Zoning Code amendment to Chapter 13 Section 1325 to modify language for the keeping of chickens and ducks in the residential zoning districts and a City Code amendment to Chapter 4 Section 400 to update definitions relevant to the keeping of chickens and ducks and Section 410 to modify language for chickens/ducks licenses. AMENDMENT: Councilmember Holden moved and Councilmember Monson seconded a motion to amend the ordinance in order to remove the keeping of ducks. Councilmember Weber indicated there was strong support for ducks from the Planning Commission. He stated one of the Planning Commissioners has a great deal of experience with the keeping of ducks and noted the keeping of ducks was the same as keeping of chickens. He reported in his research, the only difference he found between the keeping of ducks and chickens was that ducks require a water source. However, after speaking with staff further, he learned this was not the case. He stated he supported the keeping of ducks remaining in the ordinance. Councilmember Holden commented she supported the removal of the keeping of ducks because only one person has requested the keeping of ducks and these ducks fell prey to a predator. She recommended the City only allow for the keeping of chickens. ARDEN HILLS CITY COUNCIL—SEPTEMBER 22, 2025 9 Councilmember Monson stated she understood the keeping of ducks may be similar to the keeping of chickens, but in her opinion, the keeping of ducks was approaching an agricultural use in the city. Councilmember Weber explained the Council has discussed this use over the past several months and staff has made extensive efforts to find significant differences and there has been no findings that there is a significant noise difference, transmission of disease or pests. For this reason, he supported the keeping of ducks. Mayor Grant asked if there was a difference between chickens and ducks. He noted Councilmember Monson spoke to the eggs being different. He commented he did not support turning Arden Hills into an agricultural area and explained he had concerns with ducks being unsupervised in backyards and the predators this would attract. Councilmember Holden commented she knew people who had domestic guinea hens and inquired if the City wanted to allow guinea hens. Mayor Grant did not support the City allowing the keeping of guinea hens. Councilmember Weber indicated no staff time was spent researching guinea hens but reiterated that the keeping of ducks was not any different than the keeping of chickens. Councilmember Holden explained she wanted to limit the ordinance to the keeping of chickens. A roll call vote was taken. The amendment carried 3-1 (Councilmember Weber opposed). AMENDMENT: Councilmember Monson moved and Mayor Grant seconded a motion to direct staff to draft language that ensures the City does not allow any loud or exotic bird breeds that may or may not be specific within the ordinance. Councilmember Weber explained there was no information within this planning case that the City would allow for different hens. He indicated guinea hens were a different animal. Councilmember Monson reported she would like language within the ordinance that does not allow the keeping of loud breeds of birds. Councilmember Weber was of the opinion that no evidence was presented about certain breeds of chickens that were louder. He noted there was a reference to a call duck and ducks have been removed from the ordinance. Councilmember Monson indicated this may be the case, but she wanted to have language within the ordinance for the protection of neighbors. Councilmember Holden stated she agreed with the motion but questioned how the City would define a loud chicken. ARDEN HILLS CITY COUNCIL— SEPTEMBER 22, 2025 10 Mayor Grant commented he appreciated the amendment motion, noting staff would be directed to come up with the wording to address loud birds. Councilmember Monson explained she would defer to staff on this but noted she could withdraw her amendment. Councilmember Holden stated she supported the proposed language being placed in the chicken keeping ordinance. City Attorney Bjerkness reported this topic may be addressed in the nuisance portion of the ordinance noting licensees cannot have a nuisance condition on the property. Councilmember Monson indicated she appreciated the fact her concern would be addressed under the nuisance portion of code and she withdrew her amendment. Mayor Grant withdrew his second. AMENDMENT: Mayor Grant moved and Councilmember Weber seconded a motion to amend the ordinance to allow for the keeping of six chickens. The amendment carried (4-0). Councilmember Monson stated her only other concern with the ordinance had to do with the setbacks. Councilmember Weber indicated he would be willing to amend the setback language versus requiring the 25-foot setback. AMENDMENT: Councilmember Monson moved and Councilmember Holden seconded a motion to amend the ordinance setback language to reflect the coop must be closer to the licensee's home than the neighbor's structure. City Administrator Jagoe reported this topic was addressed in Subdivision 1325.07 Subdivision 6(a). She asked if the Council was asking staff to go back to the original language. Mayor Grant explained this was the proposed amendment motion. The amendment carried (4-0). Councilmember Holden indicated she was still concerned about the placement of chicken waste in a compost pile. Councilmember Weber reported compost piles already smell bad and he was uncertain how chicken waste would impact this situation. Mayor Grant stated he was of the opinion chicken waste smelled worse than a compost pile. ARDEN HILLS CITY COUNCIL—SEPTEMBER 22, 2025 11 Community Development Director Reilly explained if the Council wanted to address this matter, the City could ban the composting of chicken waste. He indicated the Council would not be able to address where compost was located because this was not addressed in City Code. AMENDMENT: Councilmember Holden moved and Councilmember Monson seconded a motion to amend the ordinance to ban the composting of chicken waste. The amendment carried 3-1 (Councilmember Weber opposed). A roll call vote was taken regarding Ordinance 2025-003 Amending Chapter 4 — City Code Animals and Pets Sections 400 and 410 and Chapter 13 — Zoning Code Section 1325 — Location for Buildings Housing Farm Animals for Planning Case 25-007 and including the above four amendments. This motion carried (4-0). MOTION: Councilmember Monson moved and Councilmember Holden seconded a motion to authorize staff to publish a Summary Ordinance of 2025-003. The motion carried (4-0). 12. UNFINISHED BUSINESS None. 13. COUNCIL COMMENTS Councilmember Holden excused herself from the meeting at 8:40 pm. Councilmember Monson commented the City hosted a State of the City event on Saturday, September 20. She noted this event would be posted on the City's website. Councilmember Monson provided the public with a summary of the conversations the Council had with Public Works staff at a recent Council Work Session. She noted the County was looking at a cost sharing policy change for trails, which could positively impact the City. She indicated the County would begin the Spine Road in 2026 and the County would be paying for all the trunk utilities. Mayor Grant stated the County would be writing up a proposal for the proposed work and the County Board has yet to approve this proposal. Mayor Grant explained that the Gateway Visitor Bureau met last week and the City had 12.2% of all of the revenue for the Gateway Visitor Bureau. He commented on how John Connelly recently retired and noted the City was seeking new representation from one of the local hoteliers. ADJOURN MOTION: Councilmember Monson moved and Councilmember Weber seconded a motion to adiourn. The motion carried 3-0-1 (Councilmember Holden was excused from the vote). ARDEN HILLS CITY COUNCIL—SEPTEMBER 22, 2025 12 Mayor Grant adjourned the Regular City Council Meeting at 8:47 p.m. 01 Jul' Hanson David Grant Ci Clerk Mayor