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HomeMy WebLinkAbout04-13-15-R I't ,-A HILLS Approved: June 8, 2015 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING APRIL 13,2015 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 7:01 p.m. Present: Mayor David Grant, Councilmembers Brenda Holden, Fran Holmes, Dave McClung, and Robert Woodburn Absent: None Also present: City Administrator Patrick Klaers; Director of Finance and Administrative Services Sue Iverson; Finance Analyst Dave Perrault; Public Works Director Terry Maurer; Community Development Director Jill Hutmacher; City Planner Ryan Streff; Associate Planner Matthew Bachler; City Attorney Joel Jamnik; and City Clerk Amy Dietl PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA MOTION: Councilmember McClung moved and Councilmember Holden seconded a motion to approve the meeting agenda as amended. The motion carried unanimously (5-0). 2. PUBLIC INQUIRIES/INFORMATIONAL None. 3. STAFF COMMENTS A. Rice Creek Commons (TCAAP)Update Community Development Director Hutmacher stated that the results of the second part of the Fit Test were presented to the City Council today at a special work session at 5:30 pm. She also noted that with the approach of spring and completion of demolition, Councilmembers are requested to notify staff if they would like a site tour. ARDEN HILLS CITY COUNCIL.—APRIL 13, 2015 2 B. Joint Development Authority Update Community Development Director Hutmacher stated that on Monday, April 6, 2015, the Joint Development Authority (JDA) adopted the Energy Integration Resiliency Framework (EIRF) and authorized staff to move forward with the implementation steps identified by the EIRF including: • Negotiate with the General Services Administration for conveyance of the excess portion of the former Primer Tracer Area (PTA) for use as a Solar PV site; • Secure a demolition/remediation contract to prepare the PTA for Solar PV installation; • Prepare a RFP and solicit proposals for construction and operation of Solar PV; and • Continue to work with the Army to secure long term rights to utilize heat from the ground water treatment system and install a heat exchanger/pumping station within the ground water filtration building for operation of a low-temperature district energy system. Community Development Director Hutmacher reported that the Joint Development Authority also had a preliminary discussion of the Request for Proposals (RFP) process. The JDA will approve the RFP process, forms, and documents. The JDA will outline criteria for selection of proposals, review evaluations of proposals, and make recommendations to Ramsey County regarding preferred developers. The JDA anticipates having a more detailed discussion of the RFP process after the approval of the TCAAP Redevelopment Code. Councilmember Woodburn requested that staff provide the Council with information on how much residents would be asked to pay for the energy plans for TCAAP. He questioned why staff had sent out an RFP for the TCAAP site when the Council was unaware if this was the best option for the site. Community Development Director Hutmacher explained that the JDA was pursuing a solar array on the Primer Tracer site on TCAAP and the RFP was for this energy option. She indicated that experts from this field could be invited to speak with the Council. Councilmember Holden stated that the Army has provided the JDA with information on solar panels for the Primer Tracer site. She discussed the urgency of the RFP noting that the Federal Government was offering major tax grants at this time. She commented that Xcel Energy would be a major player with the solar panels and was interested in assisting with upfront costs. Councilmember Woodburn discussed the cost to install and use solar power. He feared that solar power would raise utility rates for Arden Hills' residents. He believed there was not enough evidence to prove this was the best option for the City. Mayor Grant explained that the JDA has authorized the investigation of a solar panel. This was due in part to have it operational by 2016 in order to receive tax credits. He explained that surrounding issues would still be investigated by the JDA and its staff. He reported that the City has not committed any funds to this endeavor. ARDEN HILLS CITY COUNCIL—APRIL 13, 2015 3 Councilmember Holden clarified that the City of Arden Hills and its Energy Resilience Task Force had been the driving force of the EIRF. She explained that this information was not stated correctly in a recent Star Tribune article, where credit was given solely to the County. C. Recycling Cart Delivery City Planner Streff stated that the recycling carts that were purchased by the City are expected to arrive from Cascade Engineering between April 20th and April 24th. Cascade Engineering will be delivering the recycling carts to the staging area at the Ramsey County Public Works Facility to prepare for distribution to City residents. City Planner Streff explained that following the delivery from Cascade Engineering, Republic Services will distribute a sixty-four (64) gallon recycling cart to each property that participates in the Arden Hills Curbside Recycling Program. The new recycling carts will be delivered between April 27th and May 1st. Once the cart delivery is complete, the new recycling services provided by Republic Services will begin on May 5th and May 6th depending on the collection schedule. City Planner Streff indicated that the current weekly recycling collection schedule will remain unchanged with Republic Services as the new recycling hauler. Recycling collection for properties south of I-694 is on Tuesday and collection for properties north of I-694 is on Wednesday. D. Transportation Update Public Works Director Maurer provided the Council with a transportation update. He explained that the County Road E bridge was closed this morning and demolition would begin this weekend. He discussed the proposed restrictions for Snelling Avenue for the next 35 days. Signs for rerouting traffic would be posted soon. Public Works Director Maurer indicated that there would be a preconstruction meeting for the County Road E improvements next week. Work was scheduled to begin the second week of May. Public Works Director Maurer stated that the County Road F bridge (over I-35W) project was nearing award and would start on May 11th. The bridge would be demolished the weekend of May 15th through May 17tH Public Works Director Maurer reported that the interchange of I-35W and Highway 96 would be awarded shortly by the County. He indicated that he would provide the Council with further information on this project after a contractor was selected. Public Works Director Maurer commented that the Lexington Avenue from I-694 to County Road F project was moving forward. The County expects to receive MnDOT approval of their plans by the end of April. The project would be bid in May with construction to beginning at the end of June or early July. Public Works Director Maurer stated that the Round Lake Road project would be completed by the end of June. ARDEN HILLS CITY COUNCIL—APRIL 13, 2015 4 Councilmember Holden expressed concern with how the work on Lexington Avenue would impact Arden Hills' residents and businesses. She reported that traffic was already backed up along this corridor without any construction taking place. Public Works Director Maurer noted that staff has the same concern. He explained that Highway 51 would be reopened to four lanes before the Lexington Avenue project begins. He commented that the Lexington Avenue project was a mill and overlay and not a complete reconstruction. He indicated that the County would be adjusting the timing on the signals where necessary. He stated that he would speak with the County regarding the traffic concerns along this corridor. 4. APPROVAL OF MINUTES A. February 23, 2015, Regular City Council B. March 9, 2015, Regular City Council Councilmember Holden requested a change to the March 9, 2015, regular City Council meeting minutes on page 3, noting that agenda Item 8 should reference TCAAP in addition to Rice Creek Commons as people become accustomed to the new name. MOTION: Councilmember McClung moved and Councilmember Holden seconded a motion to approve the February 23, 2015, regular City Council meeting minutes, and March 9, 2015, regular City Council meeting minutes as amended. The motion carried unanimously (5-0). 5. CONSENT CALENDAR A. Motion to Approve Consent Agenda Item- Claims and Payroll B. Motion to Approve Appointment of Seasonal Public Works Employees C. Motion to Approve Advertisement of Deputy Clerk Position MOTION: Councilmember McClung moved and Councilmember Holden seconded a motion to approve the Consent Calendar as presented and to authorize execution of all necessary documents contained therein. The motion carried unanimously (5-0). 6. PULLED CONSENT ITEMS None. 7. PUBLIC HEARINGS A. Rice Creek Commons (TCAAP) Development Discussion Opportunity for Residents Mayor Grant stated that under the Public Hearing section, citizens have an opportunity to discuss ideas regarding the Rice Creek Commons (TCAAP) development. ARDEN HILLS CITY COUNCIL—APRIL 13, 2015 5 Mayor Grant opened the public hearing at 7:36 p.m. With no one coming forward to speak, Mayor Grant closed the public hearing at 7:37 p.m. 8. NEW BUSINESS A. Consider Sewer Lining Bids and Resolution 2015-026 Public Works Director Maurer reported that staff received four bids for the 2015 Sanitary Sewer Lining project. The low bid was received by Hydro-Klean LLC out of Des Moines, Iowa and amounted to $507,465.50. He reviewed the project area in further detail noting that a major area of I&I concern would be improved. He explained that the Council has $400,000 within the CIP for sewer lining and received a$37,000 grant. Staff recommended that the Council award the project including alternates A through E, which includes lining storm sewers in the PMP. Mayor Grant asked if any manhole work would be conducted through this project. Public Works Director Maurer explained that some manhole work was included to properly seal the manholes,but the bulk of the project was sewer lining. Mayor Grant questioned if the County Road E bridge work would impact the sewer lining project. Public Works Director Maurer did not anticipate any problems because the sewer lining project would be done underground. The work would be done below the streets through the sewer lines and does not involve any excavation. Councilmember Holden inquired if the City has worked with Hydro-Klean in the past. Public Works Director Maurer reported that the City has not worked with this company before but reference checks have been conducted by staff. He was confident that Hydro-Klean could complete the contract for the City. MOTION: Councilmember McClung moved and Councilmember Holden seconded a motion to adopt Resolution #2015-026 — Awarding the 2015 Sanitary Sewer Lining Proiect including alternates A through E to Hydro-Klean LLC of Des Moines, Iowa. The motion carried (5-0). 9. UNFINISHED BUSINESS A. Planning Case 15-002 Arden Plaza Frattallone's Garden Center Associate Planner Bachler stated that the City Council reviewed Planning Case 15-002 for a Preliminary Plat, Planned Unit Development Amendment (PUD), and Conditional Use Permit (CUP) Amendment for the Arden Plaza retail center at their Regular Meeting on February 23, 2015. The Council voted to table this request to allow the applicant time to provide the City with ARDEN HILLS CITY COUNCIL.—APRIL 13, 2015 6 information on the business plan for the Frattallone's Ace Hardware Store and to address alternative options for exterior storage and seasonal outdoor displays on the property. Associate Planner Bachler noted that at the work session on March 16, 2015, the City Council reviewed a proposed Garden Center Site Plan submitted by Frattallone's Ace Hardware. The Site Plan addressed the proposed location of exterior storage, outdoor displays and sales, and trash and recycling collection on the property. Staff met with the applicant following the meeting to discuss the feedback provided at the work session and determined that additional time was needed to refine the garden center Site Plan prior to City Council consideration. Associate Planner Bachler indicated that on March 30, 2015, the City Council continued consideration of Planning Case 15-002 and voted to approve the components of the planning case not pertaining to the expanded Frattallone's seasonal garden center area. These components included the Preliminary Plat for the Arden Plaza subdivision and a PUD Amendment, which accounted for the subdivision, increased the footprint for Building #4, and modified the parking lot at the north and south end of the retail center. At this meeting, the City Council also approved a motion to postpone consideration of the remaining requests in Planning Case 15-002 relating to the expansion of the Frattallone's seasonal garden center area to this April 13, 2015, regular City Council meeting. Associate Planner Bachler explained that the applicant has requested a CUP Amendment in order to expand the overall area of the previously approved and operating garden center on the property. A CUP was originally issued in Planning Case 97-009 allowing for the use of a 3,500 square foot portion of the retail center parking lot for a seasonal garden center. The seasonal garden center continues to operate, but the footprint has expanded beyond the original approval. The Zoning Code states that any enlargement or intensification of a conditional use shall require an amended permit and all procedures shall apply as if a new permit were being requested. Associate Planner Bachler reported that the expanded seasonal garden center area would measure approximately 155 feet by 61 feet for a total area of 9,455 square feet. This total area includes the space underneath the building canopy that is now used for outdoor sales year-round and the five-foot wide concrete curb along the north and east perimeter of the garden center that would provide display space for materials such as soil, mulch, and compost. A small outdoor sales area on the right-hand side of the store's front door is not included in this total square footage. The proposal also includes an exterior storage area along the south side of the retail center building that would measure approximately 150 feet long by 12 feet wide. The use of this area for storage purposes would be limited to materials and products directly associated with the approved garden center use. Associate Planner Bachler stated that with the expansion of the seasonal garden center footprint, the existing bituminous surface would be replaced with a new concrete surface. A five-foot wide concrete curb and a six-foot tall metal fence along the entire perimeter of the area would help define and separate the space from the adjacent parking and service areas. Customer access aisles would also be provided adjacent to the parking stalls along the north and east side to facilitate customer pick-up of materials. ARDEN HILLS CITY COUNCIL.—APRIL 13, 2015 7 Associate Planner Bachler commented that the Garden Center Exhibit provides details on the locations of exterior storage, outdoor displays and sales, and trash and recycling collection on the property. The following operational requirements are depicted on the Site Plan: • The west side of Frattallone's Hardware store would be restricted to trash and recycling collection only. Materials placed in this area would be required to be collected within seven days. No exterior storage or seasonal sales would be permitted in this area. • The south side of Frattallone's Hardware store would be designated for short-term exterior storage of seasonal materials and products only. The space would be divided into three separate areas each with an approximate dimension of 50 feet in length by 12 feet in width. Different parameters on allowed storage periods are established for each area: storage would be allowed in the western section (Zone C) from March 1 st—July 1 st, in the central section (Zone B) from March 1 st—August 1 st, and in the eastern section (Zone A) from March 1 st—December 1 st. • Seasonal sales would be permitted along the north and east side of the garden center fence. These areas would be restricted to 5 feet in width. A maximum height of 5 feet would be permitted for products displayed on the east side of the garden center. • No exterior storage or sales would be permitted within the open-air, fenced garden center area during the months of January and February. Winter sales would continue to be permitted under the existing canopy in front of the Frattallone's Hardware store and in the designated outdoor sales area on the right-hand side of the store's front door. Associate Planner Bachler reported that as part of the CUP Amendment request for the expanded seasonal garden center area, a PUD Amendment is also required due to the parking lot modifications that will be needed to accommodate the expansion. The Master Site Plan depicts how parking stalls at the south end of the retail center parking lot will be reorganized around the perimeter of the garden center. These modifications would not result in any change to the overall number of parking stalls in the approved Master PUD for the site. Associate Planner Bachler reviewed the Plan Evaluation and provided the following Findings of Fact: PUD Amendment Findings 1. The applicant is requesting approval of an amendment to the PUD for Arden Plaza property. 2. The original Master PUD for the development was approved in Planning Case #09-011. Subsequent PUD Amendments were approved in Planning Case #11-016 and Planning Case#15-002. 3. The PUD Amendment is being requested to complete minor modifications to the existing parking lot in order to accommodate the expanded seasonal garden center area. 4. The Arden Plaza development is located in the B-2 General Business District. 5. The City has adopted the Guiding Plan for the B-2 District that outlines future development principles for the area. 6. The City has adopted Design Standards for the B-2 District within the Zoning Code. ARDEN HILLS CITY COUNCIL.—APRIL 13, 2015 8 7. The PUD Amendment is in conformance with the requirements of the City's Zoning Code. 8. The PUD Amendment is in conformance with the Guiding Plan for the B-2 District. 9. The PUD Amendment is in conformance with the City's Comprehensive Plan. 10. The application is not anticipated to create a negative impact on the immediate area or the community as a whole. CUP Amendment Findings 11. The City approved a Conditional Use Permit in Planning Case 97-009 for a 3,500 square foot seasonal garden center on the Arden Plaza site. 12. The proposed Frattallone's Hardware seasonal garden center area would measure approximately 155 feet by 61 feet for a total area of 9,455 square feet. This total area includes the five foot wide display curb along the north and east perimeter of the garden center. 13. Section 1345.03 of the Zoning Code states that any enlargement or intensification of a conditional use not specifically permitted by the permit shall require an amended permit and all procedures shall apply as if a new permit were being requested. 14. Section 1355.04 Subd. 3 of the Arden Hills Zoning Code lists criteria for evaluating a Conditional Use Permit. 15. The proposal will have limited impacts on existing and anticipated traffic and parking conditions. 16. The proposal will not affect noise on the property. 17. The proposal will not affect glare, odors, vibration, smoke, dust, air pollution, heat, liquid and solid waste on the property. 18. The proposal will have limited impacts on drainage on the property. 19. The proposal will not affect the population density on the property. 20. The proposal is unlikely to significantly affect land values on the subject property or on neighboring properties. 21. The park dedication requirement does not apply in this case. Associate Planner Bachler explained that the Planning Commission recommended approval (4- 2, Zimmerman and Bartel) of Planning Case 15-002 for a Preliminary Plat, Planned Unit Development Amendment, and Conditional Use Permit Amendment at 3527-3557 Lexington Avenue North. The Planning Commission recommended that the following thirteen (13) conditions pertaining to the Conditional Use Permit Amendment and PUD Amendment be included in the approval: 1. The applicant shall continue to abide by the conditions of all previous Master PUD Agreements, permits, and reviews, except as hereinafter amended. 2. The project shall be completed in accordance with the submitted plans as amended by the conditions of approval. Any significant changes to these plans, as determined by the City Planner, shall require review by the Planning Commission and approval by the City Council. 3. A Development Agreement Amendment shall be prepared by the City Attorney and subject to City Council approval. The agreement shall be executed by all parties within the Arden Plaza development prior to the issuance of any building or development permits. 4. The Developer shall submit a financial surety in the amount of 125 percent of the estimated costs of site improvements including grading, utilities, paving, and fence ARDEN HILLS CITY COUNCIL—APRIL 13, 2015 9 installation prior to the issuance of any development permits related to the construction of the seasonal garden center area. The financial surety shall be in the form of a letter of credit issued by a FDIC-insured Minnesota bank, and be in a form acceptable to the City. The purpose of the letter of credit is to ensure that site improvements are completed in the event of a developer default. 5. The Developer shall submit a cash escrow in the amount of 25 percent of the estimated costs of site improvements including grading, utilities, paving, and fence installation prior to the issuance of any development permits related to the construction of the seasonal garden center area. The escrow will be used for City costs related to review, approval, and inspection of site improvements or any costs incurred by the City in the event of a developer default. 6. Final grading and erosion plans shall be submitted to the City Engineer for approval prior to the issuance of any development permits related to the construction of the seasonal garden center area. 7. The operations of the Bio-Filtration Area #2 identified on the Master Site Plan shall be corrected to the satisfaction of the City Engineer prior to the issuance of any development permits related to the construction of the seasonal garden center area. 8. The fence around the perimeter of the seasonal garden center area shall be made of wrought iron materials and shall not exceed six (6) feet in height. 9. No exterior signage shall be attached to the fence around the seasonal garden center area. 10. The seasonal garden center area must be an extension of and consistent with the applicant's permitted principal use. 11. The seasonal garden center area shall be used exclusively for the seasonal sale of nursery and garden items, including but not limited to flowers, plants, landscaping materials, and Christmas trees. 12. The site shall be kept in a neat and orderly fashion, free from litter, refuse, debris,junk, or other waste which results in offensive odors or unsightly conditions. 13. Exterior storage and outdoor display and sales shall be permitted on Lot 3, Arden Plaza 2nd Addition. Associate Planner Bachler explained that since the Planning Commission review of Planning Case 15-002 on February 4, 2015, staff has worked with the City Attorney on three (3) additional recommended conditions of approval pertaining to the CUP Amendment request: 14. The site shall be maintained and the business operated per the requirements depicted in the Garden Center Exhibit included in Attachment D. 15. Applicant/Owner shall install, at the City's discretion, up to $20,000 of additional landscaping or other type of screening to screen storage along the south and west side of the property following an operational review by the City after the second full year of operations. City staff will base their recommendation on the need for additional screening after an evaluation of complaint and code violation history, if any. If the Applicant/Owner disagrees with the staff recommendation, the disagreement shall be resolved by the City Council. Landscaping or screening may be installed on the property or on adjacent properties. Prior to the issuance of any development permits, the Applicant/Owner shall provide the City with a Letter of Credit in the amount of $20,000 issued by a FDIC- insured Minnesota bank. If the Applicant/Owner refuses to comply with the direction ARDEN HILLS CITY COUNCIL—APRIL 13, 2015 10 provided by the City, the City may without further notice enter the property and place the additional landscaping or screening and draw upon the Letter of Credit. 16. Applicant/Owner shall install evergreen plantings along the west property line of Lot 3, Arden Plaza 2nd Addition to provide additional screening of the trash and recycling collection area associated with the Frattallone's Ace Hardware portion of the retail center building. Mayor Grant requested further comment on the three additional conditions. Associate Planner Bachler reviewed the three conditions with the Council and explained that staff worked with the City Attorney on these items. It was noted that these three conditions for approval were added by staff after the Planning Commission considered this case. Councilmember Holden recommended that winter storage be more closely defined by staff. Associate Planner Bachler commented that this language could be amended to read: "Sales Area Inside Fence and not under canopy, no January or February storage". Councilmember Woodburn discussed Roberts Rules of Order and asked if the Council had to pull this item from the table before taking action. He feared that the Council had already approved this case based on the draft minutes from March 301H City Attorney Jamnik advised that this agenda item was tabled to a date certain, which means no motion was necessary to remove the item from the table. He provided further comment on the action taken by the Council at the March 30, 2015, meeting regarding Planning Case 15-002. Councilmember Woodburn asked if the southern road around the property was included in the site plan. He inquired if the berm was on the Frattallone's property. Associate Planner Bachler reviewed the preliminary plat approved by the Council on March 30th. He reported that there is a service drive on the southern end of the site between the building and the south property line. He commented that a portion of the berm and tree plantings were on the Frattallone's property. Mayor Grant indicated that the Council was assuming that Frattallone's would be purchasing the additional parcel. He understood that this would be important for the staff recommended tree plantings. Councilmember Woodburn reviewed several photos viewing the Frattallone's site from surrounding properties with the Council. He expressed concern with the precedent that would be set if the Council approved outdoor storage for this business. Councilmember McClung asked if the pallets on the south side of the building were allowable under current City Code. Associate Planner Bachler commented that the pallet storage was not allowed under current City Code. He reviewed what was allowed for outdoor storage and sales for the garden center. ARDEN HILLS CITY COUNCIL.—APRIL 13, 2015 11 Councilmember McClung indicated that the applicant has expanded far beyond their original request for outdoor storage and the Council was now being asked for further expansion. He feared that the applicant would not abide by their Conditional Use Permit. He appreciated the pictures provided by Councilmember Woodburn as this provided a great visual of the outdoor storage concerns on this site. He did not object to the garden center but would not support outdoor storage unless it was screened on the southern side of the building. Councilmember Holden asked if the applicant was aware of Conditions 14 through 16. Associate Planner Bachler noted that staff has met with the applicant to discuss the operational requirements that are depicted in the garden center exhibit. The applicant was comfortable with these operational requirements and was aware of Conditions 14 through 16. Councilmember Holden questioned if the City has received any complaints from Hunter's Park Condos regarding the south elevation of Frattallone's. Associate Planner Bachler stated that to his knowledge, the City has not received any complaints from residents in the Hunter's Park condo development. Councilmember McClung inquired where the original recommendation from staff to the Planning Commission was within the staff report. Associate Planner Bachler explained that this language was on page four of the Staff Report. Councilmember Woodburn provided further comment on the recommendation from the Planning Commission noting it allowed for outdoor storage outside of the seasonal sales area and passed on a 4-2 vote. Councilmember Holmes understood that outdoor storage was not allowed in the B-2 zoning district under City Code. However, she stated that there was an exception for outdoor garden centers. Councilmember McClung indicated that the south side of the Frattallone's was not included in the outdoor garden center. Therefore, the storage along the south elevation of the building should not be considered outdoor garden storage. Councilmember Holmes requested comment from the City Attorney on this matter. City Attorney Jamnik provided comment on the demarcation of the garden center from the 1997 Conditional Use Permit request. He explained that the applicant was requesting outdoor storage be allowed in the purple area on the garden center exhibit. He clarified that approval of staff's recommendation this evening would combine the purple area on the site plan with the garden center. Mayor Grant asked if the purple area would be part of the garden center or storage along-side the building. ARDEN HILLS CITY COUNCIL—APRIL 13, 2015 12 City Attorney Jamnik advised that the way it was written in the staff recommendation and conditions for approval, the purple area would be a supplement to the garden center and non- garden center items could not be stored there. In other words, the purple area would support the green area. Mayor Grant questioned if pallet storage would be allowed in the purple area. City Attorney Jamnik clarified that pallets of garden center items would be allowed, and empty pallets would have to be placed behind the building for recycling pickup. Councilmember McClung did not see how the purple area tied into the garden center and for that reason he would not be supporting the request. Councilmember Woodburn commented that staff understood the purple area was separate from the garden center, but was requesting it be made a part of the garden center for outdoor storage purposes. Councilmember Holmes discussed the garden center exhibit noting that this document defines the purple area as being a part of the garden center. Councilmember McClung understood this to be the case, but stated that this was based on staff recommendation and was not the original recommendation from the Planning Commission. He feared that the City will create a burdensome mechanism to allow outdoor storage that would be difficult for staff to enforce. Mayor Grant stated that he was proud of the long history of Frattallone's in the City of Arden Hills. He understood this business has grown over the years and he did not see this as overly burdensome to the City. Councilmember Holden discussed the outdoor storage concerns with other businesses in the City. She questioned if the Council was prepared to direct staff to complete an entire sweep of the City. Councilmember Holmes believed that Condition 15 addressed the view from Hunter's Park and called for additional landscaping or screening if the City were to receive complaints. She stated her support for this growing business. Mayor Grant requested some comments from the applicant. He questioned how many pallets could be stored on the north side of the garden center. Tom Frattallone, 1900 Emerson Avenue South,estimated that 40 pallets could fit along the north and east sides of the garden center fence. Mayor Grant inquired if April, May, and June were the busiest months for the garden center. ARDEN HILLS CITY COUNCIL—APRIL 13, 2015 13 Mr. Frattallone stated that generally April was a slower month when compared to May and June. He provided further comment on the percentage of outdoor sales that occurred April through October. Mayor Grant requested further comment on how the outdoor storage would ebb and flow throughout the year. Mr. Frattallone explained that this topic was discussed at length with staff. He appreciated staff's time and patience in addressing his outdoor storage needs. He then discussed how purchases for dirt and mulch were made in the fall for spring sales. It was noted that spring sales differed year by year depending on the weather. He reported that the dates within the conditions for approval were slightly more lenient in order for him to adhere to the Conditional Use Permit from day 1. Councilmember Woodburn believed it would be easy to decipher between items for sale and storage items in the outdoor storage area. He stated that he could support the outdoor storage compromise as proposed by staff this evening. Councilmember Holden suggested that the City not wait to receive complaints from Hunter's Park before requesting the outdoor storage changes from Frattallone's. She believed that staff should be able to address concerns with or without complaints from Hunter's Park. Mr. Frattallone explained that he has been running this site in the same manner since 1996 when his store received the original Conditional Use Permit. He did not recall any complaints being registered with the City in the past 20 years. Mayor Grant stated that the view from Hunter's Park was a concern to him and he agreed that any concerns regarding the outdoor storage should not be solely based on complaints received from Hunter's Park residents. Councilmember Holden questioned how staff addressed the amendments made by the Council at their February 23rd meeting. Associate Planner Bachler explained that he was not in attendance at the February 23rd City Council meeting. Councilmember Holmes referred to the approved February 23, 2015, City Council meeting minutes. Councilmember McClung commented that two amendments were discussed, but in the end the Council tabled action on the item. City Attorney Jamnik advised that the recommendation before the City Council this evening addressed the Council's previous concerns. Councilmember McClung did not believe that the amendment previously approved by the Council, which states: No outdoor storage, display or sales shall be permitted outside of the ARDEN HILLS CITY COUNCIL—APRIL 13, 2015 14 seasonal sales area, was being considered this evening. He asked if the entire south side of the building should be considered a part of the seasonal sales area. Councilmember Holden supported the comment from City Attorney Jamnik in that the purple and the green areas on the garden center exhibit were being viewed as the seasonal sales area. Councilmember Woodburn inquired if staff had a clear definition within City Code for outdoor storage or an open sales lot. Associate Planner Bachler reported that outdoor storage was defined as the storage of goods, materials, equipment or manufactured products or similar items not fully enclosed by a building. He indicated that an open sales lot was defined as any land used or occupied for the buying and selling of materials, goods or merchandise, and for the storing of same under the open sky prior to sale. He commented that open sales lots were not allowed within the B-2 zoning district but that approved open air garden centers were exempt. Councilmember Holden asked if the amendment made to Condition 22 on February 23r1 was included in the Council's approval of the preliminary plat. Associate Planner Bachler stated that when Planning Case 15-002 was presented to the Planning Commission there was a total of 22 conditions for approval. The numbers associated with the original 22 conditions were altered when the Planning Case was bifurcated for the City Council meetings on March 30th and April 13th. He explained that Condition 22 was not considered by the Council on March 30th and was not included this evening. Councilmember McClung discussed the amendment that occurred to Condition 22 on February 23rd noting that the amendment passed on a 3-0 vote. He noted that a portion of the Planning Case was approved by the Council at the March 301h Council meeting. He questioned why the amendment previously approved by the Council was not included in the recommendation for approval this evening. City Attorney Jamnik commented that the Master PUD Amendment was approved by the Council on March 30th and noted that Condition 22 applies to the remainder of the Arden Plaza development. Councilmember Holmes stated that she was in favor of clearly stating the Council's intent regarding outdoor storage to ensure that there were no issues in the future, considering that Condition 22 was no longer attached to this portion of the planning case. MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to approve Planning Case 15-002 for a Conditional Use Permit Amendment and Planned Unit Development Amendment at 3527-3557 Lexington Avenue North, based on the findings of fact and submitted plans, as amended by the sixteen (16) conditions in the April 13, 2015, Report to the City Council. ARDEN HILLS CITY COUNCIL—APRIL 13, 2015 15 Councilmember Holden requested an amendment to the motion adding Condition 17 which should read: No storage, displays or sales will be permitted outside of the seasonal sales area (the green and purple areas on the garden center exhibit). AMENDMENT: Councilmember Holden moved and Mayor Grant second a motion to add Condition 17 which should read: No storage, displays or sales will be permitted outside of the seasonal sales area (the green and purple areas on the site plan). The amendment carried 3-2 (McClung and Woodburn opposed). Councilmember Holmes asked if the winter storage language should be amended. She suggested that this be amended to read January and February storage instead of winter storage. Councilmember Holden recommended that the language within Condition 14 be amended to read: Sales area inside fence and not under existing canopy, shall have no January or February storage. AMENDMENT: Councilmember Holmes moved and Councilmember Holden second a motion to amend Condition 14 and Exhibit D changing any reference to winter storage to be January or February storage. The amendment carried (5-0). Mayor Grant asked if a parking arrangement had been reached between the two properties. He asked if all ADA requirements would be met. Associate Planner Bachler reported that there is an existing shared parking agreement that covers the entire Arden Plaza site and that this agreement would be amended as needed to reflect the sale of the new lot to Frattallone's. He noted that the property owners would be required to meet ADA requirements. City Attorney Jamnik commented that the striping plan for the parking lot from the applicant and Wellington includes this site as well as others. He discussed how the joint parking would accommodate ADA requirements noting that one handicap parking space would be required near the front door. Mayor Grant requested that the applicant keep the parking requirements for the site in mind. He asked how the Frattallone's site would be altered after moving its offices into the former Carroll's Furniture property. Mr. Frattallone reported that the entire building would be remodeled and the 3,700 square feet of space on the main level would be gained. Councilmember McClung suggested that Condition 13 be amended to read: No storage, displays or sales shall be permitted outside of the fenced outdoor seasonal sales area, striking Condition 14 Condition 15, and Condition 17; turning Conditions 16 into the new Condition 14. ARDEN HILLS CITY COUNCIL—APRIL 13, 2015 16 AMENDMENT: Councilmember McClung moved and Councilmember Woodburn second a motion to amend Condition 13 be amended to read: No storage, displays or sales shall be permitted outside of the fenced outdoor seasonal sales area, striking Condition 14 Condition 15, and Condition 17; turning Conditions 16 into the new Condition 14. Mayor Grant commented that this amendment would remove the amendment previously made by Councilmember Holmes which defined winter storage. He believed that this amendment would not pass given the fact Councilmember McClung was proposing to not allow outdoor storage in the purple area. The amendment failed 2-3 (Holden, Holmes and Mayor Grant opposed). Mayor Grant expressed concern with how Condition 15 may be interpreted. He supported requiring screening on this side of the building. Councilmember McClung agreed and recommended that Condition 15 be amended to require screening between the Frattallone's building and Hunter's Park Condos. Councilmember Holden was uncertain what type of plantings could be put in this location because additional pine trees would not receive any sunlight. She proposed that any violations or complaints be brought to the City Council at a work session for a decision instead of to staff. Mayor Grant supported this recommendation. AMENDMENT: Mayor Grant moved and Councilmember Holmes second a motion to amend Condition 15 to read: Staff will annually review the situation and bring it to a City Council worksession each April for three years and the City Council will make a recommendation for additional screening,if deemed necessary. The amendment carried 4-1 (Holden opposed). The amended motion carried 3-2 (McClung and Woodburn opposed). 10. COUNCIL COMMENTS Councilmember Holden asked if the Council wanted to review the outdoor sales taking place in the City. She questioned if the Council should review the current Ordinance. Mayor Grant recommended that staff review the current outdoor sales situation in the City, along with current Ordinances and report back to the Council at a future meeting. ADJOURN ARDEN HILLS CITY COUNCIL.—APRIL. 13, 2015 17 MOTION: Mayor Grant moved and Councilmember Woodburn seconded a motion to adiourn. The motion carried unanimously (5-0). Mayor Grant adjourned the regular City Council meeting at 9:1, P L,�Z&—Zi Amy Dietl David Grant City Clerk Mayor