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HomeMy WebLinkAboutCC MINUTES 102220241 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 CITY OF ST. ANTHONY CITY COUNCIL REGULAR MEETING MINUTES OCTOBER 22, 2024 I. CALL TO ORDER. Mayor Wendy Webster called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE. Mayor Wendy Webster invited the Council and audience to join her in the Pledge of Allegiance. III. ROLL CALL. Present: Mayor Webster, Councilmembers Doolan, Elnagdy, Jenson and Randle. Absent: None. Also Present: City Manager Charlie Yunker, City Attorney Jim Lindgren, Police Chief Jeff Spiess, and City Planner Steve Grittman. CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING ITEMS. IV. APPROVAL OF OCTOBER 22, 2024 CITY COUNCIL MEETING AGENDA. Motion by Councilmember Jenson, seconded by Councilmember Randle, to approve the City Council Meeting Agenda of October 22, 2024 as presented. Motion carried 5-0. V. PROCLAMATIONS AND RECOGNITIONS - NONE. VI. CONSENT AGENDA. A. Appwe October 8. 2024. Council Meetin Minutes. B. License and Permits. C. Claims. D. Resolution 24-070 — Accepting Donations and Grants for Quarter 3 in 2024. E. Resolution 24-073 — ICPOET Grant Motion by Councilmember Doolan, seconded by Councilmember Elnagdy, to approve the Consent Agenda items. VII. PUBLIC HEARING - NONE. Motion carried 5-0. City Council Regular Meeting Minutes October 22, 2024 Page 2 1 VIII. REPORTS FROM COMMISSION AND STAFF. 2 3 A. This Portion of the Meeting May be Closed Pursuant to Minnesota Statutes Section 4 13D.05 Subdivision 3 B to Discuss Attorney -Client Privile ed Information Regardinga 5 Threat of Litigation Concerning 2401 Lowry Avenue NE. 6 7 Motion by Councilmember Randle, seconded by Councilmember Jenson, to close the regular 8 meeting pursuant to Minnesota Statutes Section 13D.05, Subdivision 3(B) to Discuss Attorney- 9 Client Privileged Information regarding a threat of litigation concerning 2401 Lowry Avenue 10 NE. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Motion carried 5-0. The Council left the Council chambers at 7:07 p.m. Attendees in Closed Session: Mayor Webster, Councilmembers Jenson, Randle, Doolan and Elnagdy, City Manager Yunker, Assistant City Manager Morello, City Planner Grittman and Attorney Lindgren. The Council returned to the Council chambers at 7:50 p.m. Motion by Councilmember Randle, seconded by Councilmember Doolan, to adjourn the closed meeting and reconvene the regular meeting of the City Council on October 22, 2024. B. PUD Amendment — 2401 Lowry Avenue NE. Motion carried 5-0. 29 City Planner Stephen Grittman reviewed supplemental materials regarding the requested PUD 30 Amendment at 2401 Lowry Avenue NE. The City Council initially heard this item on its regular 31 agenda at the Council Meeting of September 24, 2024. Per the discussion at that meeting, 32 The Council directed staff to prepare an alternative resolution to that provided with the initial 33 staff report. 34 35 The item was eventually rescheduled for consideration at the City Council's meeting of October 36 22, 2024. A copy of the original resolution which would support a decision for approval of the 37 proposed PUD amendment was attached to the meeting agenda packet along with an alternative 38 resolution supporting a decision for denial of the amendment. Each of the resolutions includes 39 separate sets of proposed findings of fact that the Council may adopt on which to base their 40 decision for approval or denial, respectively. 41 42 The Council may take one of the following actions: 43 1. Motion to adopt Resolution 24-063 approving the amendment to the Kenzie Terrace PUD at 44 2401 Lowry Avenue. NE, based on the finding in that resolution and incorporating the 45 conditions of approval as required by said resolution, and as may be modified in accordance 46 with the final Council action on the motion. City Council Regular Meeting Minutes October 22, 2024 Page 3 2 2. Motion to adopt Resolution 24-069 den 'n the amendment to the Kenzie Terrace PUD at 3 2401 Lowry Ave. NE, based on the findings in said resolution, and as may be modified in 4 accordance with the final Council action on the motion. 6 3. Motion to table action on the proposed resolutions for amendment to the Kenzie Terrace 7 PUD at 2401 Lowry Avenue NE, based on the Council's request for additional information 8 from staff or from the applicant. Staff notes that any extension of this item beyond October 9 27, 2024, would raise a conflict with the statutory time to consider zoning requests, limited to 10 120 total days. To table the item beyond October 27 would require the written agreement of I I the applicant waiving the City's statutory time for decision, and as expressed by the applicant 12 on the record at the October 22 meeting. 13 14 The following attachments were provided for Council consideration: 15 Exhibit A: Resolution No. 24-063, Approval 16 Exhibit B: Resolution No. 24-069, Denial 17 Exhibit C: Application Amendment Narrative — 7/1/24 18 Exhibit D: Amendment Site/Landscape Plan — 7/1/24 19 Exhibit E: Applicant PowerPoint Presentation — 8/20/24 20 Exhibit F: Original Application and Supporting Material 21 Exhibit G: Council Packet Materials from 9/24/24 22 23 Mayor Webster asked about the conditions incorporated if the amendment was approved. She 24 also asked if there is a timeline for the conditions being met. Mr. Grittman stated there may be a 25 development agreement for the conditions that may not occur soon. A form of financial security 26 would be done to ensure the conditions are met. 27 28 Mr. Sam Diehl, Attorney for Tibyan Center, asked if there were items the Council wishes them 29 to cover. 30 31 Mr. Jaylani Hussein, Executive Director of the Minnesota Chapter of the Council on American- 32 Islamic Relations, gave a summary of activities at the Tibyan Center. This information was 33 presented at past meetings. The Center is in need of a facility and the Bremer Bank site was 34 found. 35 36 Mayor Webster asked about the ages of the students who would attend the Tibyan Center. An 37 individual from the gallery that did not identify himself stated it would hopefully be a K-12 38 program. In the after -school programs college and high school students would attend. 39 40 Dr. S. K., 3055 Old Highway 8, stated they would be doing a vocational program for the students 41 as part of the after -school program. Most would be 9-12 grade students. 42 43 Mayor Webster opened the floor for community feedback. 44 City Council Regular Meeting Minutes October 22, 2024 Page 4 1 Dr. Bibi Neumann, 3404 Silver Lane NE, stated she is in support of the Tibyan Center. 2 Individuals do not have a voice to speak with leadership about things needed. She stated 3 sometimes leadership goals are different from community goals. 4 5 Mr. Cism Haashi, 2551 38"' Avenue NE, stated he has lived in St. Anthony for more than 8 6 years. He deeply cares for the community's future. He requested Council approve the request for 7 the Tibyan Center. They want a City where everyone from all backgrounds are welcomed and 8 supported. The Tibyan Center would be an asset to the community. 9 10 Mr. Jamal Osman, 2943 Portland NE, Minneapolis City Council Member, stated his support for 11 the Tibyan Center as it would be very important to the community. Having youth here along with 12 the Center will strengthen St. Anthony Village. He noted that public centers are closed during the 13 weekends and there is no place for youth to go. He encouraged Council to support the Tibyan 14 Center. 15 16 Mr. Mohamed Hassan, 3760 Silver Lake Road NE, stated he is representing St. Anthony and the 17 Tibyan Center. He has lived in St. Anthony for 12 years and is in full support of the Tibyan 18 Center in St. Anthony. All residents should feel welcome. 19 20 Dr. Abd Rashid Shire, 2150 Watermark Way, Lino Lakes, stated he is in support of the Center 21 and the ambition it has for the youth in this area. There are similar challenges in Lino Lakes and 22 he does not want St. Anthony to be compared to issues in Lino Lakes. He is sure any 23 recommendations from the City will be met. 24 25 Dr. Salman Mohamed, 2375 Hamilton Court, New Brighton, stated he is a faculty member at 26 Tibyan Center. He referred to the City Planner who did his job in recommending projects that he 27 deems good for this community. He feels they are being discriminated against for their faith and 28 have been met with hostility. He feels the affordable housing issue could have been addressed 29 long ago. The Council has the duty for unbiased decisions. He hopes the Tibyan Center will be 30 given the green light to proceed. 31 32 Ms. Adna Muse, 1218 43rd Avenue NE, Columbia Heights, she is a teacher and community 33 member of Tibyan Center. She is in support of Tibyan's use of the building. If Council is not 34 taking the Planner's recommendation, it is viewed as discrimination and subject to litigation. 35 Tibyan Center will offer a safe environment for youth. She encouraged the City Council to 36 approve. 37 38 Mr. Gallo Fall, 2503 St. Anthony Road, stated he is an immigrant and they are here to make the 39 community better. They are tax payers. He asked City Council to support the Tibyan Center with 40 an open mind and justice for all. They want inclusion and have all voices to be heard. They want 41 to be respected and want to make the neighborhood better. 42 43 Mr. Abas Farah, 8787 Alamo Circle, Blaine, stated he is in support of Tibyan Center. He has 44 been involved with Tibyan Center since he was very young and the Tibyan Center would be a 45 benefit to the City. There is no reason to forego one opportunity for the possibility of another. He City Council Regular Meeting Minutes October 22, 2024 Page 5 1 requested the City Council approve the rezoning request so Tibyan Center can offer something to 2 the community. 3 4 Ms. Rahmo Mohamed, 541 Elm Grove Court, New Hope, stated she is a teacher at Tibyan and 5 urged the City Council to approve the request, noting all of the conditions posed by the Planning 6 Commission have been met. 7 8 Mr. Abdi Rahman Dahir, 3760 Silver Lake Road, stated he has lived in St. Anthony for two 9 years. He reminded the City Council they have the responsibility to look at different things that 10 come across their desk with a close focus removing all biases. The traffic and environmental 11 concerns are the same for any project that would go on that site. He supports affordable housing 12 and density. He suggested changing single-family residential to some affordable housing. He 13 requested the City Council take a careful look at this request and not regress and show all they 14 are supported. 15 16 Ms. Kamal has kids and having the community center would be somewhere her kids could go 17 and be seen and heard. She stated they need representation and a place where her kids and other 18 kids of color can go and not be judged. There are traffic problems elsewhere in the City and they 19 need a safe place for kids to go. She hopes St. Anthony does what they say they do and support 20 the Tibyan Center. 21 22 Mr. Mohamed Mohamed, 2340 East 32"d Street, Minneapolis, is a student from Tibyan Center. 23 He is 14 years old and speaking on behalf of the students. He stated his future and education 24 depend on the Tibyan Center. 25 26 Mayor Webster reviewed the three options for Council action. 27 28 Council reviewed the conditions of the Resolution 24-063 for approval as: 29 1. Provide information on staffing during religious services in the multi -purpose room and 30 scale the capacity of the assembly to match the remaining available parking on the site, at 31 the rate of 2.5 persons per parking space. 32 33 2. Provide an interior floor plan schematic that shows the planned multi -purpose space, and 34 how assembly capacity will be controlled to meet the maximum imposed by the parking 35 supply. 36 37 3. Close the westerly of the two access driveways to Kenzie Terrace and add green space 38 and landscaping to replace the driveway removal. 39 40 4. Provide a more detailed landscaping plan that identifies the proposed planting materials 41 in the illustrated green spaces on the site, as well as the existing green spaces at the 42 perimeter of the site, including a maintenance plan for improving those overgrown areas. 43 44 5. Provide information on the outdoor play area, including surfacing, amenities or structures 45 in the play area and method of separation from the adjacent driveway (fencing, etc.). 46 City Council Regular Meeting Minutes October 22, 2024 Page 6 1 6. Preparation of a traffic and parking impact assessment, identifying the peak capacity of 2 the site during busy periods, and how the site would accommodate both traffic 3 distribution and parking needs. This assessment needs to incorporate the requirements of 4 Hennepin County related to changes to use and access to Kenzie Terrace, a County 5 jurisdiction roadway. 6 7 7. Information documenting environmental conditions on the property, and how the 8 applicants propose to address those conditions given the proposed uses and changes to 9 the site and/or building. 10 11 Mayor Webster stated she supports and admires the work the Tibyan Center does. She agreed 12 that children need skills to thrive beyond high school. She thanked them for engaging in the 13 Center to helping the lives of youth. Mayor Webster reviewed the conditions. 14 15 Condition #1 review 16 Mr. Hussein stated the weekly morning programming is still being developed. Friday prayers are 17 part of community access. The prayer space is 3,000 sf and based on those numbers, that gives 18 70 or so parking spots. They do not believe they will max out at that rate. If additional parking is 19 needed in the future, plans can be submitted. All of the five mosques in the area have less 20 parking. Mayor Webster stated if there are 70 parking spaces with 2.5 people per parking space 21 that would be 170 attendees. The Fire Code has a capacity limit. It would be a long time before a 22 new parking plan was needed. 23 24 Condition #2 review 25 Mr. Hussein commented on the preliminary interior floor plan. A clearer architectural plan is 26 needed and it should be available to City Staff within a few days. Councilmember Jenson asked 27 for a date and Mr. Hussein stated by October 31, 2024 or sooner. October 31, 2024, will be 28 added to Condition #2. F 30 Condition #3 review 31 Mr. Hussein asked for some runway to work with the appropriate process with Hennepin County. 32 They would like a few months to get this condition met. They are open to closing the driveway. 33 Mr. Hussein stated this could be completed in a reasonable time. They will work with staff to 34 ensure it is done within a reasonable timeline. 35 36 City Attorney Lindgren stated it could be noted a reasonable timeline in working with other 37 government agencies. Mr. Grittman stated a temporary barrier could be placed over the winter 38 and they could work with Hennepin County during the next construction season. 39 40 Councilmember Doolan asked if the addition of greenspace would be done as part of the closing 41 of the driveway. Mr. Hussein stated the plan includes closing the driveway and adding the 42 landscaping and green space. They agreed a temporary barrier would be done. 43 44 Councilmember Jenson stated since the winter is coming it would be appropriate to have a 45 temporary barrier until construction season can resume in the spring. Mayor Webster suggested 46 the recommendation be set at May I". Mr. Hussein stated with Minnesota winters that may not City Council Regular Meeting Minutes October 22, 2024 Page 7 1 be possible and suggested by summer of 2025. Councilmember Elnagdy suggested having the 2 work completed by June 1, 2025. 3 4 The June 1, 2025 date will be added to the condition. City Attorney Lindgren suggested some 5 wording to be added such as: "within a reasonable time period as required by Hennepin County, 6 but no later than June 1, 2025 and including a temporary barrier during the 2024-2025 winter 7 season". The City Council agreed to that condition. 8 9 Condition #4 and #5 review 10 Mr. Hussein stated a proposed plan was presented to staff for future construction. He requested 11 those two conditions be removed at this time. Later should those improvements be done, a 12 revised plan will be brought back for approval. They can provide a detailed plan, but they do not 13 know if that would be done due to financial restrictions, and it is too far in the future. The Tibyan 14 Center has no intention of implementing Conditions #4 and #5 during the next year. Mr. Hussein 15 stated the plans submitted were not detailed enough. 16 17 Mayor Webster stated Condition #4 is a typical condition for land use agreements. 18 Councilmember Doolan stated she believes Condition #4 needs to stay in place. Changing the 19 PUD to allow the current infrastructure on site there is still a responsibility for dealing with the 20 contamination. Councilmember Jenson agreed in keeping Condition #4 in place. Councilmember 21 Randle stated it needs to be addressed. 22 23 Mr. Hussein stated they are fine with completing a maintenance plan and would be okay with 24 keeping Condition 94. City Attorney Lindgren suggested setting a deadline for the delivery of a 25 detailed plan and have a deadline for the implementation of the plan. They could provide security 26 in lieu of meeting the deadline. City Attorney Lindgren stated he could draft the wording to be 27 added to the condition. Mr. Sam Diehl, the attorney for Tibyan Center, stated there is a plan to 28 maintain the property well. 29 30 Mayor Webster quoted Condition #4 — "Provide a more detailed landscaping plan that identifies 31 the proposed planting materials in the illustrated green spaces on the site, as well as the existing 32 green spaces at the perimeter of the site, including a maintenance plan for improving those 33 overgrown areas." 34 35 City Attorney Lindgren stated Council can require that improvements be made to the property as 36 far as landscaping and greenspace. Mayor Webster stated stormwater runoff can be captured by 37 landscaping. Mr. Hussein stated they can come up with an architectural plan and deliver it to 38 staff by October 29, 2024. 39 40 Councilmember Randle asked when they plan to occupy the building and if there is a timeline for 41 occupancy. Mr. Hussein stated as soon as the requirements are met for an occupancy permit. Mr. 42 Grittman stated that is dependent on fire and building code review. There is no expected timeline 43 from the zoning side. Councilmember Randle stated Condition #4 should be met by Spring- 44 Summer of 2025. 45 City Council Regular Meeting Minutes October 22, 2024 Page 8 1 Mayor Webster asked Council for an implementation date. Mr. Sam Diehl, the attorney for 2 Tibyan Center, stated the plan itself could include proposed timelines. Councilmember Jenson 3 stated there needs to be confidence it won't be two years from now. Mr. Sam Diehl, the attorney 4 for Tibyan Center, stated it would be reasonable to say for summer of 2025. Mr. Hussein stated 5 the plan must work. 6 7 City Attorney Lindgren suggested adding language to be completed during the 2025 growing 8 season which would mean September instead of June 2025. Mayor Webster summarized the plan 9 would be delivered by October 29, 2024, and the plan would be implemented by September 1, 10 2025. 11 12 Mayor Webster asked if the cost of the plan would be included in the plan. Mr. Hussein stated 13 they will work with City staff to include everything in the plan that is required. Mayor Webster 14 suggested wording be added to the Condition to include the cost of the plan and the security 15 deposit. City Attorney Lindgren noted the wording to be added to the Condition. He stated what 16 happens if it is not completed by the due date and suggested a PUD development agreement be 17 developed or ask the developer for a security deposit. 18 19 The Council continued the discussion of Condition #5. Mr. Hussein stated the architect's plan 20 projected a playground at the back of the building. They requested that condition #5 be removed 21 due to financial restrictions. When they are ready to construct the playground, they will submit 22 plans to the City. They could create a plan but would not be able to enact that plan. 23 24 Mayor Webster stated a playground is a necessity for a facility serving youth. Mr. Hussein stated 25 they would be creating a plan that would not be implemented because of lack of resources. The 26 plan for a future playground may be entirely different from a plan submitted now. He offered 27 that once Tibyan Center is ready to move forward with building a playground, the plans will be 28 submitted to the City for approval. Mr. Silman, Board Member, stated they do want to build a 29 playground but currently they do not have a plan or funds to do this. They are acting to get funds 30 for a playground. It would be a problem if the Council set a deadline for building a playground. 31 32 Mayor Webster asked when they think they could afford to build a playground. Mr. Hussein 33 stated there are many costs associated with opening the Center which have more priority than 34 building a playground now. Construction costs increase so a plan for a playground now including 35 costs is not feasible and it is too early to create a playground plan. Mr. Silman, Board Member, 36 stated he worked on a plan for another playground and worked to obtain grants. That process 37 took two years. 38 39 Councilmember Doolan stated she appreciates the Tibyan Center is open to having a playground 40 for the entire community. She understands what it takes to create a playground. As long as this is 41 a long-term plan, and it is available to the community, that is good. Mr. Hussein stated the 42 Tibyan Center is looking at other ways to partner with the City on projects. They need more time 43 for a playground and to come back with a proposal is necessary. 44 45 Councilmember Jenson stated there needs to be a target date. Mr. Hussein stated they would like 46 at least a two-year time period to create a plan that could be adopted. City Council Regular Meeting Minutes October 22, 2024 Page 9 2 Councilmember Randle stated the mosque would be 10% of the building and asked if there is 3 any mechanism to raise money. It was noted that most of the persons served by the Tibyan 4 Center are in the lowest income group. They are giving more than other groups to support a 5 Center such as this. The amount of money raised to have this building is monumental. They want 6 to have a playground but do not have funds currently for a playground. They continue to raise 7 money for the Center. 9 City Attorney Lindgren stated Council should set an outside date to receive a plan and construct 10 a playground. He suggested saying plans would be presented and constructed by November 1, 11 2026. Mr. Hussein stated they would agree to a two-year window. 12 13 Mayor Webster asked for Council comments on the addition of "with construction of the 14 approved plans by November 1, 2026". Construction would be completed by November 1, 2026. 15 The plans would need to be submitted in sufficient time to complete the construction. 16 Councilmember Elnagdy appreciated having an end date. Mayor Webster noted they are also 17 looking at limited easement by the public. Mr. Hussein stated public access sometimes creates 18 tension. They want the public to use their playground. 19 20 Mr. Sam Diehl, the attorney for the Tibyan Center, stated a City constructed and maintained park 21 would be great if it would fit into the City's capital budget. The Tibyan Center is an organization 22 that wants to serve the public but it is a private organization as well. It may be problematic to 23 impose an easement. Mr. Hussein stated he was thinking of the negative impact of an easement. 24 25 Councilmember Elnagdy asked how the St. Charles playground is handled. Councilmember 26 Doolan stated it is the same with Nativity. City Attorney Lindgren stated he appreciates that 27 other worship centers allow the public to use their playgrounds but he doubts there is a public 28 access easement. The Tibyan Center wants to do this and they should be able to offer access to 29 the playground to the community. The Tibyan Center wants to partner with the community. 30 There could be some problems caused if the public chooses to use the playground any time. 31 32 Mr. Sam Diehl, the attorney for the Tibyan Center, stated the Tibyan Center could offer the 33 playground to be used by the public during certain times. Mr. Lindgren suggested adding 34 wording regarding the public use of the playground. Mr. Hussein suggested it being handled the 35 same as the other churches in the City. This condition sounds like something not the norm. 36 Councilmember Doolan stated she is in favor of no specific language and treating them like all 37 the other faith communities. 39 The date of November 1, 2026, will be used for completion of the playground. The applicant 40 agreed. 41 42 Condition 46 review 43 Mr. Hussein stated they agree with this condition and will work with the City Planner to comply. 44 Councilmember Doolan asked if there are further requirements from Hennepin County 45 anticipated. Mr. Grittman stated it is a County road and Hennepin County is in favor of closing 46 the driveway, but permits are required. City Council Regular Meeting Minutes October 22, 2024 Page 10 2 Condition #7 review 3 Mr. Hussein stated they agree with this condition. Councilmember Doolan suggested the 4 wording is generic. They are looking at doing the rezoning. There is a Climate Action Plan that 5 the City is starting to implement and other faith communities also starting to implement. There is 6 an expectation of cleaning up a polluted site. There are environmental aspects that must be 7 addressed on the property. Mr. Hussein stated a complete report was submitted to the City and 8 the longest section was addressing the environmental concerns. 9 10 Mr. Ryan McElrath stated there are no modifications to the building that would impact the 11 contamination. They would not be doing anything differently than the previous occupants. The 12 vapor issue has been discussed and the Tibyan Center will implement the vapor mitigation 13 system. 14 15 Councilmember Elnagdy asked if there is a playground, how would the environmental issues be 16 addressed. Mr. Ryan McElrath stated they would work with the Pollution Control Agency and 17 the guidelines are met. Councilmember Jenson stated he would like to see the Stantec 18 recommendations implemented into Condition #7. Mr. Hussein stated they would look for grant 19 funding to help pay for that which would not be available until Spring of 2025. The prior owner 20 had secured a grant for the cleanup but since this is a different development, they would need to 21 re -assess the grant. 22 23 Councilmember Doolan asked if there is monitoring that will be done to make sure the indoor air 24 is safe. Mr. Ryan McElrath stated there is reporting that is needed. Councilmember Doolan asked 25 if the indoor air mitigation needs to be added to the conditions. Mr. Lindgren stated the City may 26 wish to include regular reports from the MPCA. Councilmember Elnagdy noted one of the 27 intended uses was that it is open at all hours for community and asked if it will need to be shut 28 down at a certain time. Mr. Hussein stated no one will be staying overnight. The HVAC system 29 was damaged by those that attacked the building. They are putting in the mitigation system to 30 create a safe environment. 31 32 Mayor Webster suggested adding Stantec's recommendations to Condition #7. Mr. Lindgren 33 suggested any other MPCA correspondence be forwarded to the City also. Councilmember 34 Doolan asked about contingencies around remediation. Mr. Ryan McElrath stated that is 35 included in the response action plan. Councilmember Doolan asked if there is anything related 36 to the timeliness of mitigation to be added by the City Council or does the MPCA handle that. 37 Mr. Ryan McElrath stated what has been brought up tonight is standard procedures. The MPCA 38 guidelines apply, and the City need not make any additions. The MPCA is responsible for 39 making sure remediation happens. Mr. Lindgren requested a PUD Development Agreement be 40 completed which will embody these conditions. Tibyan Attorney Mr. Sam Diehl stated there is 41 nothing in the Code for that. 42 43 Mr. Lindgren requested creating Condition #8 that the applicant and the City will enter into a 44 PUD Agreement or Memorandum thereof that would be recorded with the property. The Council 45 supported the addition of Condition #8. 46 City Council Regular Meeting Minutes October 22, 2024 Page 11 1 Councilmember Doolan stated at the last meeting she indicated she was in support of the Tibyan 2 Center community. Her faith community is one of the most important thing in her life. She 3 understands their interest in growing their community. She stated that property is the only one 4 available for affordable housing. She is concerned they are buying a polluted piece of land and 5 wants to ensure safety. She noted the previous PUD ensured that the site would be cleaned up. 6 7 Councilmember Jenson stated Council has done a good job of going through the Conditions and 8 he appreciates the responses from the applicant. 9 10 Councilmember Randle stated he is concerned with the tactics that have come along with this. 11 The applicant doesn't have to threaten a lawsuit. It makes people think you are not operating 12 under good faith. 13 14 Councilmember Elnagdy stated this is a difficult decision. She is most concerned that the 15 presumption was Council would come at this from a racist standpoint and that inclusion is not 16 important to our community. The Council does have a commitment to diversity. The Council has 17 a duty to the St. Anthony community and there are 5 mosques within a few miles. 18 19 Mayor Webster stated the Council desires to be a welcoming inclusive community. There is also 20 a shortage of affordable housing. The Tibyan Center has indicated they want to partner with the 21 City. The Council has an obligation to make sure timelines are met and conditions are 22 implemented. This decision has weighed heavily on the minds of the Councilmembers. Mayor 23 Webster stated the applicant should not consider the conditions as not being welcoming and 24 inclusive. There is a tremendous need for affordable housing in the community. Mayor Webster 25 reviewed the three options. 26 27 Motion by Councilmember Jenson, seconded by Mayor Webster, to adopt Resolution #24-063 — 28 Approving a Request for an Amendment to the PUD Zoning District for Changes to the Uses and 29 Development Plans in the Kenzie Terrace PUD Overlay District. 30 31 Councilmember Elnagdy stated she received 117 messages from various avenues with regard to 32 the Tibyan Center. She noted that 112 were in support, 5 were against, 4 in support were from St. 33 Anthony, and the 5 against were from St. Anthony. The others were from people outside St. 34 Anthony who have no connection to St. Anthony. She stated it doesn't feel like the voices from 35 people in St. Anthony are the voices being heard. 36 37 Councilmember Doolan asked going forward, if there is a collaborative partnership. It was noted 38 the Police Department has charged individuals for the vandalism. 39 40 Mayor Webster stated she was part of the meeting where updates to the investigation of the 41 attacks were reviewed and St. Anthony law enforcement did their job. As a community we want 42 everyone to feel safe and welcomed in St. Anthony. 43 44 Councilmember Randle stated when the press release came out, the residents did not know 45 anything about the proposed Tibyan Center. 46 City Council Regular Meeting Minutes October 22, 2024 Page 12 2 Motion carried 5-0. 3 The Council took a short break. 4 5 IX. GENERAL BUSINESS OF COUNCIL. 6 7 A. Ordinance 2024-05 — Amending Section 154.188 of the St. Anthony. City Code 8 Regulating Cannabis Businesses. 9 10 City Planner Grittman reviewed the City Council considered the initial draft of a cannabis 11 regulation ordinance as a first reading on September 10, 2024. At that first reading, the Council 12 discussed a number of alternatives that, under the legislation, the City has some discretion to 13 consider. The discussion resulted in edits to the first reading. At its regular meeting on October 14 8, the City Council made some additional adjustments to the text. The original edits (between 15 Reading 1 and 2) are included in the draft in redline, which the adjustments made between 16 Readings 2 and 3 are reflected in the draft ordinance and highlighted in redline bold. A few 17 typographical edits have also been made, but not included in the redlining for easier reading. Mr. 18 Grittman summarized the latest updates as follows: iR, 20 Subp. (I): A correction was made to renumber what is now paragraph (2). 21 22 Subp. (L): Following the City Council discussion on measured buffer distances, staff has 23 provided the original option (along public streets), and then added options for measurement 24 along the shortest public sidewalk, as well as measurement along the shortest private sidewalk 25 open to the public. The shortest of these would be the effective buffer distance from the specified 26 land use. 27 28 Subp. (0): Corrected a typographical error. 29 30 Subp. (P)(1)(d)5: This section was further amended to specify that both the buffer distance (from 31 Subp. L) and the zoning district (from Subp. M) must be observed for retail sales at a cannabis 32 event. 33 34 Subp. (P)(2): Corrected a typographical error. 35 36 Subp. (P)(4): This addition is intended to specify that an application for a temporary event denied 37 by the City Council would be required either to submit, or amend their original application, at the 38 discretion of the Council. At the prior meeting, it was further clarified that staff can review a 39 pending application for completeness and other defects prior to Council action. 40 41 The updated draft ordinance regulating cannabis business was provided for review and 42 consideration as a second reading. As noted, the Planning Commission recommended approval 43 of the general regulations with comments, and the City Council incorporated many of those 44 comments in its discussion of the first reading. With any further requested edits of the various 45 sections, staff requests approval of the third reading of this ordinance. 46 City Council Regular Meeting Minutes October 22, 2024 Page 13 1 Motion by Councilmember Elnagdy, seconded by Councilmember Randle, to approve 3' 2 Reading and Adopt Ordinance 2024-05 — Amending Section 154.188 of the St. Anthony City 3 Code Regulating Cannabis Businesses. 4 5 Motion carried 5-0. 6 7 B. Resolution 24-071 — Approving Summary Publication for Ordinance 2024-05. 8 9 City Manager Charlie Yunker reviewed the Resolution 24-071 is for publishing a summary 10 statement for Resolution 24-071 and Ordinance 2024-05. 11 12 Motion by Councilmember Doolan, seconded by Councilmember Jenson, to approve Resolution 13 24-071 — Approving Summary Publication for Ordinance 2024-05. 14 15 Motion carried 5-0. 16 17 C. Resolution 24-072 — Police Contract. 18 19 Police Chief Jeff Spiess and City Manager Charlie Yunker reviewed a Power Point presentation 20 summarizing the Phase 3 Partnership Decision for consideration of Renewed Police Services 21 Contract Between St. Anthony Village and Falcon Heights. The following information was 22 presented: 23 24 Back ound Information 25 In early 2024, officials from the City of Falcon Heights approached St. Anthony Village on 26 renewing a policing services partnership. Falcon Heights has contracted with the Ramsey County 27 Sheriff's Office since January 2018, and the contract will expire on February 28, 2025. Falcon 28 Heights is seeking long-term policing services beginning on March 1, 2025. St. Anthony Village 29 currently provides policing services to the City of Lauderdale and previously provided policing 30 services to Falcon Heights from 1994 through 2017. The previous partnership with Falcon 31 Heights was highly valued in both communities. On April 23, 2024, the City Council approved 32 continuing the exploratory process of a renewed police service partnership with the City of 33 Falcon Heights. As a part of the discussion Council noted the following items they would like to 34 review as the process continued: 35 • Lessons learned from the previous relationship. 36 • A Police Department SWOT Analysis. 37 • Benefits to the City and the Police department on a renewed partnership. 38 . Appropriately sharing/mitigating financial risk. 39 • Financial plan that would not increase the St. Anthony tax levy from a renewed 40 partnership. 41 • A staffing plan and timeline to support expansion of the department.when hiring is very 42 challenging. 43 44 Mr. Yunker provided an update on the process. Staff has continued to work through the 45 exploratory process and is offering an update on the following areas: 46 • Decision Timeline - Falcon Heights is in need of policing services on March 1, 2025. City Council Regular Meeting Minutes October 22, 2024 Page 14 1 • Benefits and risks. 2 o Lessons Learned from Previous Partnership. 3 o Police Department SWOT Analysis — Chief Spiess met with all members of the 4 Police Department individually. He also conducted a survey. The main barrier is 5 the staffing. 6 o Department Staff Feedback. 7 • Phased Staffing Plan — Incentives have been recommended. Hope to be at full staff by 8 January 1, 2027. 9 • Contract. 10 o Appropriate Sharing of Financial Risk. 11 o Financial Plan — Shared fix costs of running a Police Department. 12 • Facility Needs — The best option would be a public safety facility. Grant funding will be 13 sought. 14 15 Detailed updates were provided by Staff. Over the course of the year, staff from both St. 16 Anthony Village and Falcon Heights have worked to address risks and concerns with a renewed 17 partnership, including: 18 • Revising the contract to better protect from financial impacts of critical incidents. 19 • Addressing department feedback and protecting from additional required overtime. 20 • A financial plan to ensure no levy impact to St. Anthony taxpayers. 21 • Began work toward a facility upgrade solution that is feasible for the community. 22 23 Council is requested to consider approval of renewing the policing services partnership with 24 Falcon Heights; authorizing staff to complete negotiations and finalize draft contract to be 25 effective March 1, 2025; and, commitment to facility upgrades. 26 27 Mayor Webster referred to Police Chief Spiess's presentation at the work session, where he 28 shared his two priorities — commitment to high -quality policing for St. Anthony and Lauderdale 29 and the well-being of the officers. These are the Council's priorities also. 30 31 Councilmember Jenson stated he appreciates the comments on the SWOT analysis and the 32 benefits going forward. He asked when the decision of Building A or Building B needs to be 33 made. Mr. Yunker stated he has reached out to a colleague to get State bonding and insights to 34 their approach. He suggested starting out with a State Bonding Request then reach out to the 35 Federal Representative on options. This may take a couple of years. There are things that can be 36 done now to the current Police Department facility. Councilmember Jenson asked what would 37 happen to the current Police Department facility. Mr. Yunker stated they would look at other 38 departments within the City needing more space. 39 40 Councilmember Randle asked how long it would take to get fully staffed. Police Chief Spiess 41 stated they do not have to be at a full staff level of 30 to be effective in policing in Falcon 42 Heights. Some of the positions are not as critical as others such as the community service officer. 43 The patrol staff is more critical. Police Chief Spiess stated the City wants to keep current staff 44 and the job market makes it difficult but by January 1, 2027, it could be possible. 45 City Council Regular Meeting Minutes October 22, 2024 Page 15 1 Councilmember Doolan stated the presentation was helpful and thanked Chief Spiess and Staff 2 for all the work they have done. Councilmember Doolan referred to the SWOT analysis Risks 3 and Threats. She stated there is an approach to the facility risk. It is important to get more 4 diversity in our Police force. That will strengthen our force. Councilmember Doolan stated she 5 would like to see a timeline of benefits compared to expenditures. When would the payoff point 6 be to show the cost -sharing. 7 8 Mayor Webster stated it is important that this is done the right way. The well-being of the 9 officers is critical. Mayor Webster noted there are three phases to the plan. The officers are 10 committed to community -based policing. In order to recruit and retain, there was support from 11 the Council on retention and hiring bonuses. There was also support for referral bonuses. Police 12 Chief Spiess added increasing the Cadet program from 2 to 6. 13 14 Councilmember Jenson thought the Council had already approved increasing the Cadet program. 15 Police Chief Spiess stated there was only discussion on that. Councilmember Jenson asked if 16 there needs to be action for the increase. Mr. Yunker stated it is part of the Falcon Heights 17 partnership renewal process. 18 19 Councilmember Doolan stated Falcon Heights would be picking up a larger burden of the cost of 20 expanding the Police staff. Mr. Yunker stated Falcon Heights is willing to pay more for the 21 ramp -up. 22 23 Motion by Councilmember Elnagdy, seconded by Councilmember Jenson, to approve Resolution 24 24-072 — Police Contract. 25 26 Mayor Webster suggested adding to direct staff to proceed with negotiations on the Police 27 Contract. Mr. Yunker stated that is included in the resolution. 28 29 Motion carried 4-1 andle . 30 31 Mayor Webster noted this contract will go before the Falcon Heights City Council on October 32 23, 2024. 33 34 X. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS. 35 36 City Manager Yunker had no report. 37 38 Councilmember Randle had no report. 39 40 Councilmember Doolan reported on October 11, she attended the Ramsey County Local League 41 of Governments presentation on Al. She continued door -knocking. On October 14, she attended 42 the Chamber of Commerce Meeting. On October 15, she attended the MN Climate Cities 43 Collaboration. She also attended election judge training on October 15. 44 45 Councilmember Jenson stated on October 10 and October 11, he attended the Ramsey County 46 Local League of Governments Meetings. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 City Council Regular Meeting Minutes October 22, 2024 Page 16 Councilmember Elnagdy had no report. Mayor Webster stated on October 15, she attended the joint Planning Commission/City Council work session. On October 17, she attended the NineNorth Board Meetings. She congratulated the St. Anthony Civic Orchestra which celebrated a 501' anniversary with a concert on October 20, 2024. XI. COMMUNITY FORUM. Dr. Bibi Neumann, 3404 Silver Lane stated she was one of the first to submit a request for a SWOT analysis. She is in support of the Police contract and took offense to one of the speakers. She received a checklist from the International Association of Chiefs of Police, noting a new facility will cost millions of dollars and asked if the new facility would have services to her. XII. INFORMATION AND ANNOUNCEMENTS. Councilmember Doolan announced on October 23, 2024, at Village Pub from 7-9 p.m. is the Chamber of Commerce Networking Event for the month. XIII. ADJOURNMENT. Motion by Councilmember Elnagdy, seconded by Councilmember Jenson, to adjourn the meeting at 11:45 p.m. Respectfully submitted, Debbie Wolfe Timesaver Off Site Secretarial, Inc. ATTEST: Ci y Clerk Mayor Motion carried 5-0.