HomeMy WebLinkAbout10-19-15-WS It
�- I I EN HILLS
Approved: November 30, 2015
CITY OF ARDEN HILLS, MINNESOTA
CITY COUNCIL WORK SESSION
OCTOBER 19, 2015
5:00 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS
CALL TO ORDER/ROLL CALL
Pursuant to due call and notice thereof, Councilmember McClung called to order the City
Council work session at 5:01 p.m.
Present: Mayor Grant (arrived at 5:11 pm), Councilmembers Brenda Holden, Fran
Holmes, and Dave McClung
Absent: None
Also present: Acting City Administrator and Director of Finance and Administrative
Services Sue Iverson; Associate Planner Matthew Bachler; City Planner Ryan Streff, and
Deputy Clerk Julie Hanson
1. AGENDA ITEMS
A. Retail and Resale Businesses
Associate Planner Bachler stated that at the request of the former City Administrator, staff
researched options to further regulate retail sales of new and used goods in the City. He indicated
this was also included in the Planning Commission's 2015 Work Plan and the primary change was
to create separate definitions in the Zoning Code; one for businesses engaged in the sale of new
goods, and a second definition for businesses primarily engaged in the sale of used or second-hand
goods such as a thrift store or a consignment store. The existing definition for retail sales and
services covers both the sale of new and used goods.
Associate Planner Bachler indicated that creating two separate classifications will allow the City
to better direct retail development within the city to specific zoning districts based on their stated
purposes.
Associate Planner Bachler stated that City staff presented this item to the Planning Commission
at their September 9, 2015, work session. The Planning Commission recommended no changes be
made at this time as they did not see the need to distinguish between the two uses.
ARDEN HILLS CITY COUNCIL WORK SESSION—OCTOBER 19, 2015 2
Associate Planner Bachler asked for further direction from the City Council on whether these
changes should be pursued.
Councilmember McClung directed Councilmembers and City staff to the Land Use Chart in the
Zoning Code. He asked if this change pertains to the specific Zoning Districts where retail sales
and services uses are currently either permitted, accessory or conditional.
Councilmembers McClung, Holmes and Holden outlined the areas in the city where retail uses
are currently allowed as follows: along and behind Lexington Avenue on streets that include Red
Fox Road, Grey Fox Road, County Road E, County Road B2, as well as the Neighborhood
Business area and TCAAP site.
Associate Planner Bachler confirmed that the City is not looking to expand the area and stated
retail as a principal use is allowed only in the main commercial districts designated as follows: B-
2, B-3, and B-4, and Neighborhood Business. He said retail as an accessory use is allowed in the
industrial areas of I-Flex, I-1, and I-2. He stated if the Council wants to move forward with
creating a separate definition for resale businesses, they should consider in which zoning districts
that use would be appropriate. He also stated that the Council should consider if some districts
should allow both new and used retail businesses. He said this issue could be brought to the
Planning Commission for input regarding which zoning districts this would be appropriate.
Councilmember Holmes stated the Planning Commission feels there is a need in the city for
second hand stores partly due to popularity with the youth, but that they did not really think about
where those stores should be located. She said the Council is concerned more with where these
stores are located and that some cities have row after row of second-hand stores.
Councilmember Holmes believes there should be a second definition and that there should never
be a place where retail sales are not allowed. She feels retail sales should remain as they are and
that the Council should focus on where resale goods would be allowed by either conditional use or
permitted use.
Mayor Grant arrived at the meeting at 5:11 pm.
Discussion ensued regarding retail versus resale businesses and the zoning districts.
Councilmember Holmes outlined her recommendation for resale businesses in the various
zoning districts as follows:
• N-B—Conditional
• B-1 —Conditional
• B-2—Conditional
• B-3 —Conditional
• B-4—Permitted
• Do not touch MB
Associate Planner Bachler clarified that zoning districts MR and MB were created for the
TCAAP site. He said that once the City receives approval from the Met Council on the TCAAP
ARDEN HILLS CITY COUNCIL WORK SESSION—OCTOBER 19, 2015 3
Comprehensive Plan Amendment, these districts will no longer exist and the City will then need
to undergo a similar exercise of looking at retail and resale uses for the TCAAP area.
A discussion ensued about whether or not creating the two separate designations is legal, to which
Associate Planner Bachler stated this is legally allowed.
Associated Planner Bachler also indicated that City staff will follow up with the City Attorney
to determine if there are any issues with classifying a business with new retail as permitted and a
business with resale retail as conditional within the same zoning district.
Councilmember Holden stated she is in favor of creating the separate designations.
Mayor Grant indicated he also is in favor.
Councilmember McClung stated the zoning code does not need to be changed.
Associate Planner Bachler asked if it is the consensus of the Council to create a separate land
use category for resale businesses and to allow that use in all the same districts as retail, but to
classify the resale business as conditional or permitted.
Councilmember Holden stated she did not agree to this, that the classification as conditional or
permitted is Councilmember Holmes' recommendation.
Mayor Grant stated he would prefer to be more restrictive and would be fine with excluding
resale businesses altogether in the B-2 district.
A discussion ensued about what"conditional" means and if the new classification will help the
City to better direct development to the appropriate zoning districts as indicated on page 2 of this
item's memorandum.
Associate Planner Bachler stated he will summarize this discussion with City Planner Streff, and
also follow up with the City Attorney regarding classifying conditional and permitted uses within
the same zoning district.
It was decided the matter will be discussed further at a future City Council work session.
B. Outdoor Display and Sales Zoning Regulations
Associate Planner Bachler stated that at the City Council's work session in September, City staff
presented research regarding the way other cities regulate outdoor display and sales.
Associate Planner Bachler referenced updated revisions to the recommendations for display
dimensions which would allow no more than two (2) percent of the gross floor area of the
principal building or 300 square feet, whichever is greater. For properties with a principal building
greater than 15,000 square feet in size,the permitted display area would be based on two (2)
percent of the building footprint(such as grocery stores or home improvement stores).
ARDEN HILLS CITY COUNCIL WORK SESSION—OCTOBER 19, 2015 4
Associate Planner Bachler noted there are other provisions which would have the effect of
limiting the size of the overall display area, including that pedestrian access cannot be obstructed
and that the display must be located adjacent to the principal building.
Associate Planner Bachler provided examples of three local businesses and what their permitted
display areas would be, and stated the recommendations from September's work session have
been updated to include the revised display area and prohibit display areas on service station
islands. He stated the next step would be for City staff to draft an ordinance to bring to the
Planning Commission for a public hearing.
Councilmember Holden asked for clarification of"gross floor area" as it would pertain to a two-
story building. She asked if this is the gross floor area of just one level of the building or the
combination of the two levels.
Associate Planner Bachler stated that gross floor area refers to the total square footage of the
building, so for a two story building it would include the second floor.
Councilmember Holden stated this would mean a building with more levels can potentially have
a larger display area than a building of the exact same size with only level.
Associate Planner Bachler stated this was not necessarily the intent of staff. He noted that the
outdoor display and sales area would be limited to retail and service station uses that typically do
not have additional stories. He said that City staff will go back and amend this language.
Councilmember McClung suggested using the gross floor area of the existing retail area only of
a business as generally businesses would not have a retail area located on the second floor.
Mayor Grant asked for clarification of a display area. He asked if it included the area for people
to walk through the display or is it the actual dimensions of the display itself.
Associate Planner Bachler stated that the display area just refers to the dimensions of the display
itself. He added that the current recommendation made by City staff is that all businesses that
desire an outdoor display must submit a site plan detailing the display area and obtain an
administrative permit.
Mayor Grant asked how City staff arrived at 300 square feet as the maximum display area.
Associate Planner Bachler stated in review of other cities, only two have set limitations on the
size of the display area for all businesses regardless of size. He said a number of cities allow
display areas based on the square footage of the building, some up to 10% of the total square
footage.
Associate Planner Bachler indicated that the recommendation to increase the minimum display
area from 200 square feet to 300 square feet was in part due to a review of the Holiday Station
Store and the Shell Station. An aerial review of the Holiday property showed that a 200 square
feet display area would not cover what they currently have on display. Increasing the minimum
area to 300 square feet allowed more space to accommodate this building's current display needs.
ARDEN HILLS CITY COUNCIL WORK SESSION—OCTOBER 19, 2015 5
Councilmember Holden asked about a temporary display in the Cub Foods parking lot, such as a
fireworks tent.
Associate Planner Bachler stated this type of seasonal, temporary display is allowed under Cub
Foods' original PUD that was approved for their site.
Mayor Grant suggested capping the allowable display area between 1,000 and 1,200 square feet.
Discussion ensued regarding the Frattallone's Ace Hardware business and their outdoor display
area.
Discussion continued regarding various scenarios,the minimum square footage and a potential
cap of the allowed display area. Also discussed was limiting the type of display items as the
recommendation by staff would allow any items that are incidental to the primary use of the
property.
Councilmember Holmes referenced the City of Maple Grove's restrictions on the types of
display, which limit items to those which require an outdoor sales location(plants, fuel) and items
that because of large volume/weight are more easily housed outdoors (salt, fertilizer).
Associate Planner Bachler stated some businesses leave their displays outside at all times and
others bring the items inside the building each night. He said the intent is to cover both types of
businesses.
City Planner Streff pointed out that some businesses do have common items displayed outside
that are available for purchase inside as well.
Councilmember McClung stated that the City should not be crafting this change based on the
existing businesses; the change should be crafted to include businesses that could potentially
come into the city in the future.
Councilmember Holden noted it appears the businesses that leave their displays outside
overnight are those which are generally open 24 hours a day and those businesses that are not
open overnight bring their items indoors. She asked if there should be a distinction between the
two types of displays (overnight versus brought indoors).
Councilmember Holden asked if there could be a limit on the number of times a business would
receive a permit for outdoor display.
Associate Planner Bachler stated that the recommendation is that once a permit for outdoor
display is issued, it is permanent as long the business continues to conform to the approved site
plan.
A discussion ensued regarding Maple Grove's dimensional/location standards language of 200
feet from a residential property line unless separated by an arterial street and screened from all lot
lines, and how this language could apply in Arden Hills.
ARDEN HILLS CITY COUNCIL WORK SESSION—OCTOBER 19, 2015 6
Associate Planner Bachler stated that language will be added regarding the additional
requirement that display areas be screened if they are less than 200 feet from a residential property
line as well as limiting the type of items as described in the City of Maple Grove's requirements.
He said he will check directly with the City of Maple Grove.
C. Council Vacancy Discussion
Acting City Administrator Iverson stated once appointed,the new councilmember's term will
run through the end of 2016. A special election along with the general election will take place to
fulfil the last two years of the unexpired term(2017-2018). She said she consulted the City
Attorney who confirmed that since the City has declared a vacancy, items that previously required
a 4/5 Council vote will now require a 3/4 vote for the duration until such time a new
councilmember is appointed. Regular items still need a 3/4 vote and the Mayor has special
authority to break a tie if there is a 2-2 vote on the Council vacancy appointment,per State statute.
Mayor Grant discussed a potential timeline regarding the appointment of a new councilmember.
A discussion ensued regarding the potential number of applicants and how to determine the
number of applicants that would receive an interview.
Mayor Grant discussed the following timeline:
• Applications will be accepted December 1 through December 15, 2015
• Interviews will be conducted two days the week of January 11, 2016, the first round
immediately preceding the January 11, 2015, Council meeting, and the second round
potentially on Wednesday, January 13, 2015.
• Appointment of the new councilmember at the January 25, 2016 Council meeting
Councilmembers McClung,Holmes and Holden approved of this timeline.
It was discussed that the above timeline would be included in the November issue of the Arden
Hills Notes, noting specifically that the appointment will run through midnight of December 31,
2016, and if the appointed councilmember wished to continue, they must run in the special
election that will be held with the next general election.
2. COUNCIL COMMENTS AND STAFF UPDATES
Councilmember McClung referenced the sign at the former Carroll's Furniture building and
asked that the new owner be notified that the sign must be removed.
Councilmember Holmes stated she left a message for City staff member Sara Grant as she
wanted to know which bench would be designated for Sue Schroeder.
Councilmember Holden said she would check with Sara Grant at the PTRC meeting the
following night. She also referenced the short notice of an invitation from Ramsey County for a
coffee event.
ARDEN HILLS CITY COUNCIL WORK SESSION—OCTOBER 19, 2015 7
Acting City Administrator Iverson indicated that following the October 15, 2015, Sheriff's
meeting she received confirmation of the Coffee with a Cop event which will take place at the
Arden Hills Starbucks in December. She said this information will be included in the November
issue of the Arden Hills Notes and is currently on the City's website. She stated she will also
email this information to the Mayor and Councilmembers.
City Planner Streff provided an update following the Met Council's Community Development
Committee meeting. He stated that the Committee did approve the TCAAP amendment with no
changes.
A short discussion ensued regarding the Council interviews for a new city administrator scheduled
for Saturday, October 24.
ADJOURN
Mayor Grant adjourned the City Council work session at 6:27 p.m.
nlowyo
lie Hanson David Grant
eputy Clerk Mayor