REGULAR MEETING OF THE COUNCIL OF THE CITY OF VADNAIS HEIGHTS NOVEMBER 2, 2016 The regular meeting of the Council of the City of Vadnais Heights was held on the above date and called to order by Mayor Johannsen at 7:00 p.m. Mayor Johannsen provided several announcements. Everyone present stood and said the Pledge of Allegiance. ROLL CALL Upon roll call, the following members were present: Mayor Marc A. Johannsen, Councilmembers: Gerald J. Auge, Terry S. Nyblom, Craig A. Johnson and Bob Fletcher. The following members were absent: None. Also present were: Kevin Watson, City Administrator; Kathy Keefe, Assistant City Administrator; Mark Graham, City Engineer; Bob Sundberg, Finance Director; Ed Leier, Fire Chief; Nolan Wall, Planning/Community Development Director; Caroline Bell Beckman, City Attorney; Mary Matze, Consulting Planner; Jeff Melcoch, Cable Producer; and Beckie Gumatz, Deputy Clerk. APPROVAL OF AGENDA Upon motion by Fletcher, seconded by Auge, it was 16-11-238

“RESOLVED, that the agenda for the November 2, 2016, Council Meeting be approved.” Ayes – 5

Nays – 0

The resolution was adopted. APPROVAL OF MINUTES A.

October 19, 2016 Regular Meeting

Upon motion by Fletcher, seconded by Nyblom, it was 16-11-239

“RESOLVED, to approve the October 19, 2016, Regular Meeting Minutes, as presented.” Ayes – 4

The resolution was adopted.

Nays – 0

Abstain – 1 (Auge)

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APPROVAL OF CONSENT AGENDA Councilmember Nyblom pulled Item 6C for discussion. Upon motion by Auge, seconded by Nyblom, it was 16-11-240

“RESOLVED, that the Consent Agenda items for the November 2, 2016, meeting be approved as follows: A.

Approve Claims #73555 through #73616, and Electronic Claims #1016 through #1020 for payment. A-1. US Bank Visa Payment in the Amount of $2,659.93

B.

Approve 2016 Bow Hunting Permits for the Following Individuals: 1) 2)

C.

Dave Schwarzrock – hunting at 3900 and 3910 Stockdale Drive Leroy Wilke – hunting at 3548 Edgerton Street and 3561 Centerville Road

Ordinance to Clarify Gambling Code Section 127.070

Ayes – 5

Nays – 0

The resolution was adopted. C.

Ordinance to Clarify Gambling Code Section 127.070

Councilmember Nyblom asked Attorney Bell Beckman if this change would create a loophole that would allow an organization to not have to follow the City Code requirements. Attorney Bell Beckman answered in the negative. City Administrator Watson explained that the Fire Relief Association had some questions about the requirements of the current ordinance. He stated that the intent of the code was to require that 50% of expenditures were to be spent within the city limits and that no more than 25% of expenditures could be spent outside of the Vadnais Heights Trade Area. The Fire Relief Association has been spending roughly 80% within the city limits and therefore could not meet the city code requirement of spending 25% in the Vadnais Heights Trade Area. Attorney Bell Beckman explained that as this is not a zoning code amendment, a Public Hearing is not required. Upon motion by Nyblom, seconded by Johnson, it was 16-11-241

“RESOLVED, to approve the Ordinance to clarify gambling code section 127.070 regarding spending requirements within the Vadnais Heights Trade Area and updating the forms to be submitted to the city each month.” - 2-

VADNAIS HEIGHTS CITY COUNCIL Ayes – 5

NOVEMBER 2, 2016 Nays – 0

The resolution was adopted. OPEN TO THE PUBLIC No one wished to speak. PRESENTATIONS A.

Ramsey County Sheriff’s Department

Ramsey County Sheriff’s Office Chief Deputy Jack Serier gave provided an update on the goings on of the Ramsey County Sheriff’s Department. This year, they have incorporated a new records management system. With the new system, they have been able to pair it with other software and are now able to provide online crime mapping. This feature is available through the Ramsey County Sheriff’s Department website. The Department is always looking for ways to connect and interact with residents. In the last year, they have started several new community events. One event is Coffee with a Cop; they publicize a time and place and invite members of the community to come and ask questions or have a conversation. These events are very informal. They were also looking to have an event to connect with residents in the evening, so they started something called Hot Dog with a Deputy. They hold these events in public parks around the county. The Sheriff’s Department held about eight of these events over the summer and they were all very successful. Chief Deputy Serier also reminded the public that Ramsey County has two unwanted medicine drop box locations. One is located at the Sheriff’s Patrol Station in Arden Hills and the second is at the Ramsey County Law Enforcement Center at 425 Grove Street in St. Paul. He also noted that the North St. Paul Police Department has a drop box. There is no charge to drop off medication, but the Sheriff’s Department requests that the medication be placed in a clear plastic bag and then dropped into the boxes. Ramsey County has also recently implemented a new program in their detention facilities called PRIME. It stands for Positive Responsible Inmates Managed Effectively. The program is for people who are being held awaiting trial and exhibit good behavior. There are other various requirements to be admitted into the program. PRIME is a unit that allows for expanded hours allowed in commons areas, more access to TV and other programming. This program has been very successful. Chief Deputy Serier thanked everyone in the community for coming out to the Freight Farm. There were about 9,700 attendees this year. Councilmember Fletcher asked what the Sheriff Department would say are the emerging crime trends or the three biggest crime related issues in the East Metro area. Chief Deputy Serier - 3-

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responded that the biggest emerging issue in the area is by far opioid abuse. The next largest issue is different types of property crimes. Councilmember Fletcher also asked if there are any crime trends in Vadnais Heights to be aware of. Chief Deputy Serier responded that over this past summer there were a number of attempted burglaries. The Sheriff’s Department reminds residents to lock their homes, and cars if they will be left outside at night. Councilmember Fletcher also asked about the threat of terrorism in the area. Chief Deputy Serier answered that locally, and in Ramsey County, the threat is pretty low. Mayor Johannsen thanked Chief Deputy Serier for the update and thanked him and the Ramsey County Sheriff’s Department for all that they do to protect the community. PUBLIC HEARINGS None. OLD BUSINESS A.

Approval of a Purchase Agreement, Development Agreement, and Final Plat for Veteran Village to be located at the northeast corner of Garceau Lane and Arcade Street

Planning/Community Development Director Wall explained that the applicant is requesting approval of a Purchase Agreement, a Development Agreement, and a Final Plat for the Veteran Village project. The Final Plat includes two lots and two outlots. The two outlots will be retained by the city. The City Council did approve a Preliminary Plat to combine four lots into two lots and two outlots and a Site Plan to construct one single family home and one twin home at its October 19, 2016 meeting. Mr. Wall noted a couple of the key provisions of the Purchase Agreement. The purchase price for the land is $75,000. Conveyance of the title and possession of the property will be done via quit claim deed. Closing on conveyance of the property shall take place no later than December 15, 2016. Construction commencement of minimum improvements must begin by December 31, 2016. Substantial completion of minimum improvements must be done by December 31, 2018. Mr. Wall also noted that the Development Agreement includes conditions of approval that are encompassed in the staff recommendation. The Final Plat does comply with the city code provisions and conditions of approval in the Development Agreement. Therefore, staff is recommending approval. Upon motion by Fletcher, seconded by Johnson, it was 16-11-242

“RESOLVED, to approve the Purchase Agreement, Development Agreement, and Final Plat with Journey Home Minnesota for the Veteran Village project, subject to the following conditions: - 4-

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1. The Developer shall have complied with all Ramsey County Surveyor requirements, prior to release of the Final Plat. 2. The Developer shall construct a six-foot-wide sidewalk that connects the homes on the Property to the existing sidewalk on Arcade Street, prior to the issuance of any certificate of occupancy. 3. The Developer shall provide a streetlight on the corner of Garceau Lane and Arcade Street, prior to the issuance of any certificate of occupancy. 4. The Developer shall provide updated plans showing the required sidewalk and streetlight, prior to issuance of any building permits. 5. The Developer shall provide fully-dimensioned and labeled building elevations, prior to issuance of any building permits. 6. The Developer shall provide revised plans to comply with curb cut requirements of the City Code Sections 20.080(2)(f) and 20.080(2)(g), prior to the issuance of any building permits. 7. The Developer shall provide a final landscaping plan to be approved by staff that demonstrates compliance with the subdivision standards, prior to the issuance of any certificate of occupancy. 8. The Developer shall provide a copy of the homeowner’s association agreement to the City. 9. The Developer shall pay a park dedication fee in the amount of $4,500, prior to the release of the final plat. 10. The Developer will be required to demonstrate compliance with the City Engineer’s memo dated September 20, 2016. 11. The Developer will be required to demonstrate compliance with the Fire Chief’s memo dated September 20, 2016.” Ayes – 5

Nays – 0

The resolution was adopted. B.

Final Payment and Acceptance of 2016-1 Street Improvement Project

City Engineer Graham noted that the project finished under budget. The original contract price was $340,137.61. The final construction cost of the project was $313,153.42. The project ended up about 7.5% under budget. Mr. Graham also mentioned that he has received positive feedback from residents regarding the street improvement project. Upon motion by Auge, seconded by Johnson, it was 16-11-243

“RESOLVED, to authorize final payment number 2 in the amount of $155,188.10 from Account No. 401-852-44024 to Hardrives, Inc. and Accept and Approve the 2016-1 Street Improvements Project.” Ayes – 5

Nays – 0

The resolution was adopted. - 5-

VADNAIS HEIGHTS CITY COUNCIL C.

NOVEMBER 2, 2016

Vadnais Square Rezoning/PUD Site Plan Approval Process

Planning/Community Development Director Wall explained that Vadnais Square, LLC is asking the City Council to waive the site plan review requirement and public hearings before the Planning Commission and City Council to allow temporary occupancy of existing warehouse space on the Vadnais Square property. The City Council adopted Ordinance No. 700 at its October 5, 2016 meeting. This Ordinance rezoned the Vadnais Square property from City Center (CC) to Planned Unit Development (PUD) to allow for Limited Commercial Storage, Limited Warehousing and Distribution, and Charitable Organizations as permitted uses in three existing spaces in the rear of the building, subject to a number of conditions. In order to accommodate the property owner’s desire to market the space for the new uses, they requested that certain site plan review requirements be separated from the rezoning request and added as conditions of approval. The approved Ordinance contains several conditions of approval prior to occupancy for any new uses and also requires a Detailed Development Plan be reviewed in the same manner as a Site Plan approval process, which requires public hearings at the Planning Commission and City Council. Mr. Wall stated that staff met with representatives from Vadnais Square, LLC on October 27, 2016 to discuss the review and approval process. Staff is generally supportive of the proposed use as it appears to comply with the intent and approved uses in the Ordinance. Mr. Wall also noted that the City Council should consider the implications of waiving a significant requirement within the recently-adopted ordinance as there was significant discussion with the neighborhood that borders the north and west of the property during the rezoning process. The neighborhood may be expecting a formal site plan review process before any new uses are approved. After consultation on this matter with the City Attorney earlier today, an additional condition has been added to the recommended conditions if the City Council is supportive of the applicant’s request. Mr. Wall outlined the three recommended conditions, should the City Council approve the applicant’s request. Councilmember Auge asked how the surrounding neighborhood will be notified. Planning/Community Development Director Wall responded that it is his understanding that the applicant is asking that the proposed use be allowed to temporarily occupy the space while they go through the formal site plan review process. As part of the formal site plan review process, notice would be mailed to the neighbors. If temporary occupancy was granted tonight, there would be no notice given to the neighbors. Councilmember Auge asked how long temporary occupancy would be allowed. Planning/Community Development Director Wall answered that temporary occupancy would be allowed until the applicant receives formal approval through the site plan review process. Councilmember Fletcher asked how long the formal review process will take. Mr. Wall responded that staff received the application materials today. As part of the approved Ordinance, the application would go before the Planning Commission and the City Council. The deadline to get on the November Planning Commission Meeting agenda has passed, so it would go to the - 6-

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December Planning Commission meeting and then a City Council meeting after that. He also noted that staff has not had time to review the application as it was received today. Councilmember Auge asked if approval was given by the City Council for temporary occupancy, and then residents express opposition to the tenant, could the City Council revoke the occupancy. Planning/Community Development Director Wall explained that the applicant would still be required to get a certificate of occupancy. He deferred to the applicant to describe the use, but stated that staff felt there would be no negative impact to the current tenants or surrounding neighborhood. Councilmember Fletcher followed up and asked if the site plan application was denied, would the tenant then have to vacate. Mr. Wall answered in the affirmative. Councilmember Johnson asked if commercial storage was one of the uses approved at the previous City Council meeting. Attorney Bell Beckman explained that the zoning for commercial storage was approved, but a site plan for a specific use has not been approved as of yet. She also noted that the city’s zoning code requires the site plan approval process which is why she is recommending the City Council pass a resolution articulating why an exception is being made for this project. Councilmember Fletcher asked if the developer is proposing any changes to the berm, fencing, parking, or exterior of the building. Planning/Community Development Director Wall stated that he has not reviewed the site plan, but that with this specific use there would be no changes to the exterior of the building. He also noted that the applicant has put up a sign to direct people to the existing vacant spaces. It was noted that Space A is behind what used to be the Festival Foods. There is an existing loading dock and the space was used as warehousing storage space previously. Bill Griffith, attorney with Larkin Hoffman, stated that as a result of approved Ordinance, Mr. Hagen and Mr. Frattalone have found a tenant to lease one of the vacant spaces. They are hoping to act quickly because they do not want to lose the tenant. He believes that this is a low impact use. He explained that they are asking for a temporary certificate of occupancy because the tenant has an immediate need. Mr. Griffith also stated that they are asking that the public hearing requirement before the Planning Commission be waived as there are no changes being made to the exterior of the building. Jeff Hagen, representing Vadnais Sqaure, LLC, stated that their potential tenant is Cummins NPower. The company makes portable power generators. They would use the space to house dry diesel engines and electric motors. They will also store large cable for the generators. There will not be anyone on-site. The space will be accessed by the two existing dock doors. The tenant will also house one or two completed generators that are used for demonstrations or a power failure. Mr. Hagen also noted that signage has been put up on the building to identify Space A, Space B, and Space C. Councilmember Johnson asked if there will be any filling of the generators on-site. Mr. Hagen answered in the negative. - 7-

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Councilmember Nyblom asked what the hours of operation will be. Mr. Hagen stated they will have normal business hours; roughly 8:00 a.m. to 5:00 p.m. Mr. Griffith added that the hours that will apply are those that are allowed throughout the entire shopping center. The Noise and Environmental Control Plan will still apply. Mayor Johannsen reiterated that if the City Council chooses to allow temporary occupancy and then ultimately does not approve of the site plan application, the applicant will have to move out of the space. Mr. Griffith stated that is understood. Councilmember Fletcher asked for clarification on how to frame a motion for temporary occupancy approval. Attorney Bell Beckman advised the City Council to approve a resolution that would grant temporary occupancy as long as the applicant meets the conditions of approval and is able to obtain a certificate of occupancy, with the understanding that they must still follow through with the site plan approval process. She also stated that the City Council should adopt a resolution at its next meeting with findings of fact to show that this is a unique property and an exception is being made. Mayor Johannsen stated that he is supportive of allowing temporary occupancy. He also believes that it would be a mistake to waive the process that has been established in the newly passed Ordinance. He would like to allow for temporary occupancy and then allow the process to run its course for full approval. This will allow the neighborhood to come forward if they have any objections. He is not in favor of bypassing the public hearing requirement in front of the Planning Commission. Councilmember Fletcher asked for clarification on a possible motion. Mayor Johannsen clarified that the City Council could agree to temporary occupancy for this tenant on the condition that they would submit a complete site plan application addressing all applicable requirements for review and processing, that the other requirements of the Ordinance be met, with the specific acknowledgement that if at the final determination, the City Council chooses not to approve, the applicant acknowledged that the tenant will vacate the space. Planning/Community Development Director Wall explained that, should the City Council choose to allow temporary occupancy, staff is recommending that the full site plan review process only be waived to allow temporary occupancy. The applicant would still be required to go through the site plan review process in order to obtain a full certificate of occupancy. It was further clarified that the City Council is not waiving the public hearing requirement before the Planning Commission and that a resolution with findings of fact will be brought to the next City Council meeting for approval. Upon motion by Fletcher, seconded by Nyblom, it was 16-11-244

“RESOLVED, to waive the site plan review requirement and public hearings before the Planning Commission and City Council to allow temporary occupancy of existing warehouse space on the subject property subject to staff’s recommended conditions: - 8-

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1. A complete Site Plan application addressing all applicable requirements is submitted for review and processing. 2. Prior to occupying Space A, the property owner shall obtain a certificate of occupancy for the proposed use and comply with the applicable ordinance requirements. 3. A Resolution including findings of fact supporting waiver of the site plan review requirement and public hearings before the Planning Commission and City Council to allow temporary occupancy of the existing space on the subject property by the previously agreed upon is prepared and adopted by the City Council at the November 16, 2016 meeting.” Ayes – 4

Nays – 1 (Auge)

The resolution was adopted. Councilmember Fletcher left the meeting at 8:08 p.m. NEW BUSINESS A.

Consider Setting November 16, 2016 Workshop and Agenda

City Administrator Watson presented potential items for the November 16, 2016, Council Workshop including: discussion regarding the 2017 budget and discussion regarding backyard chickens beginning at 5:30 p.m. Upon motion by Nyblom, seconded by Johnson, it was 16-11-245

“RESOLVED, to Set a November 16, 2016 Workshop meeting and Agenda including discussion of the 2017 budget and discussion of backyard chickens, with a 5:30 p.m. start time.” Ayes – 4

Nays – 0

The resolution was adopted. COUNCIL AND DEPARTMENT REPORTS Fire Chief Leier had nothing to report. Assistant City Administrator Keefe reported that over the last eight business days, there were 478 absentee or early voting applications processed by the city. Attorney Bell Beckman reported on attending the VHEDC dinner and that it was a great event. Planning/Community Development Director Wall reported that the Planning Commission will be continuing discussion of breweries, brewpubs, taprooms, and cocktail rooms at its November 22, 2016 meeting. He also attended the VHEDC dinner and board meeting and is looking forward to - 9-

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working with them. City Engineer Graham reported that Liberty Village has started doing some grading work. There is also a sanitary sewer lining project is upcoming. City Administrator Watson reported that the VHEDC dinner was a great event. He also noted that Punch Pizza will be opening on November 14, 2016. There will be a Rush Line Corridor meeting coming up as well as a public meeting on the Trout Brook Trail design. Councilmember Nyblom asked for an update from MnDOT regarding the opening of Goose Lake Road. City Engineer Graham stated that they are still looking at mid-November to re-open the road. Councilmember Johnson reported that he also attended VHEDC event and it was very well attended. He also attended the VHEDC board meeting, as well as a meeting on reducing the speed limit on County Road E and adding a crosswalk between Jimmy’s and the Fairfield Inn. Councilmember Auge had nothing to report. Mayor Johannsen reported that he has received questions regarding the left turn lights turning off of Highway 96 onto Greenhaven Drive or McMenemy Street and if anything can be done to speed them up. City Administrator Watson stated that staff has met with Ramsey County on this issue and while they recognize that it is a problem, it is a budget matter and they plan to put in flashing yellow turn lane signals at those intersections in 2018. Mayor Johannsen would also like staff to push MnDOT to get Goose Lake Road open sooner. He expressed frustration with MnDOT and the current construction projects happening in the city. Upon motion by Auge, the meeting was adjourned at 8:23 p.m. Respectfully submitted,

_________________________________________ Kevin Watson, City Administrator ATTEST: _____________________________________ Marc A. Johannsen, Mayor

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