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2005-05-03 City Council minutesPage No. I May 3, 2005 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, May 3, 2005 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:30 o'clock p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Huber called the meeting to order at 7:30 p.m. The following members were present: Mayor Huber, Councilmembers Duggan, Krebsbach, Schneeman and Vitelli. PLEDGE OF ALLEGIANCE Council, the audience and staff recited the Pledge of Allegiance. AGENDA ADOPTION Councilmember Duggan moved adoption of the revised agenda for the meeting. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Schneeman moved approval of the amended minutes of the regular meeting held on April 19, 2005. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Duggan moved approval of the consent calendar for the meeting, revised to move items 6d, donation acknowledgment, 6e, pictometry, 6j, term limits, and 61, claims list, and 6g, driveway easement, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgement of the minutes of the April 26, 2005 Planning Commission Meeting. b. Acknowledgement of the Building Activity Report for April 2005. c. Acknowledgment of the resignation of Aaron Coates from the Fire Department. d. Adoption of Resolution No. 05-25, "A RESOLUTION AUTHORIZING MENDOTA HEIGHTS TO ENTER INTO A GRANT AGREEMENT WITH THE DAKOTA COUNTY TRAFFIC SAFETY COMMITTEE." Page No. 2 May 3, 2005 e. Approval of the Waters Drive Business Park Private Water Main Agreement. f Adoption of Resolution No. 05-26, "A RESOLUTION AUTHORIZING A TRANSFER INTO THE TAX INCREMENT DISTRICT." g. Approval of the list of contractor licenses dated May 3, 2005. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 DONATIONS Council acknowledged a memo from Police Chief Aschenbrener recognizing a donation from Hugo and Susan Blackfelner towards the cost of purchasing an AED and a donation of rose bushes for Rogers Lake Park and a donation towards the fishing derby from Ira Kipp. Councilmember Duggan stated that retired Police Officer Blackfelner and his wife have been very generous and pointed out that people may contribute to the cost of an AED and do not have to buy an entire AED. Donations are much appreciated. - Mayor Huber expressed appreciation for the donations from Mr. Kipp. Councilmember Schneeman moved to authorize the purchase of an automatic external defibrillator and adoption of Resolution No. 05- 24, "A RESOLUTION FORMALLY ACKNOWLEDGING THE RECEIPT OF GIFTS TO THE CITY OF MENDOTA HEIGHTS." Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 PICTOMETRY Council acknowledged a memo from Administrator Danielson recommending that the city enter into an agreement with Dakota County to allow the city to use the county's pictometry. Councilmember Duggan suggested that Guy Kullander be the staff person who would be trained in running the Pictometry system. Administrator Danielson responded that the city now has a part-time IT person who will be responsible for pictometry set up and training. Councilmember Duggan moved to authorize execution of a Pictometry Cost Sharing Agreement with Dakota County. Page No. 3 May 3, 2005 Councilmember Schneeman seconded the motion. � Ayes: S Nays: 0 TERM LIMITS Council acknowledged a memo from Administrator Danielson regarding term limits for advisory commission members. Councilmember Krebsbach stated that she thinks the proposed ordinance and resolution were thoughtfully done but she will vote no on their adoption. Councilmember Duggan stated that part of the reason Council came to this point is that many excellent candidates came to Council wishing to be appointed to commissions and there were no positions open. That led in part to the idea of having term limits so that others could serve if they desire. Councilmember Vitelli moved adoption of Ordinance No. 400, "AN ORDINANCE AMENDING TITLE 2 OF THE CITY CODE" and Resolution No. 05 -27, "A RESOLUTION ESTABLISHING TERM LIMITS FOR THE NOC AND NDC4 COMMISSIONS." Councilmember Schneeman seconded the motion. j Ayes:4 Nays: 1 Krebsbach LIST OF CLAIMS Councilmember Duggan noted that the city's costs for the Pilot Knob Road retaining wall are getting very expensive and he hopes that the city will get a portion of its costs back. Councilmember Duggan moved approval of the list of claims dated May 3, 2005 and totaling $136,367.73. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 DRIVEWAY EASEMENT Council acknowledged a memo from City Engineer McDermott regarding a proposed driveway easement for 2140 Dodd Road. Administrator Danielson stated that there is a driveway on the old fire station site that the city has shared with the Weinzettel family and they recently called to ask him for a copy of the easement. Staff was unable to find an easement and prepared a temporary easement agreement for Council's consideration. The document provides that if the city owned property is developed in the future, the driveway would be relocated on the Weinzettel property at city expense. He Page No. 4 May 3, 2005 stated that the Weinzettels would like the easement to be permanent, and he sees no problem with that request. Councilmember Vitelli asked what the subtlety is between making it permanent rather than temporary. Attorney Schleck responded that by malting it permanent, the easement can no longer be terminated in the future by the city. The city would have to condemn the property to get it back and would have to pay for it. If it were temporary, the city could cancel it. Traditionally, his experience is that people are granted licenses for driveways. Responding to a question from Mayor Huber, Attorney Schleck stated that the driveway is half on the Weinzettel property and half on city property and the city would be granting a fifteen foot easement. Administrator Danielson stated that the city acquired the fire station land from Jake Weinzettel, and the driveway agreement was either done by a handshake or an easement that cannot be found. The city and the Weinzettels have been sharing the driveway for fifty years and granting the easement would just formalize it. With regard to relocating the driveway in the future, Mrs. Laurita Weinzettel stated that she would have to take out her lamp post, remove trees and relocate her watermain. The driveway has been shared for over fifty years. She would like to get things cleared up before something is done with the city property. Attorney Schleck stated that it is important to make sure it is documented because this would be a problem if the Weinzettels sell their property in the future. Councilmember Vitelli stated that he does not think that what has been done for fifty years is important. What bothers him is that the city would be basically giving land away. Council would not be doing that if it granted a temporary easement, and it could keep going that way for another fifty years. Councilmember Duggan stated that the Weinzettel family has been second to none in its contributions to the city and he is comfortable with granting a permanent easement. It is not unreasonable in terms of what they have contributed over the years. Ayes: 4 Nays: 1 Vitelli Page No. 5 May 3, 2005 Councilmember Vitelli responded that their request is to grant them the city property. He supports a temporary easement. He does not think it is in the best interest of the city to give land away just because a family has been very helpful to the city. Mayor Huber stated that the permanent easement would recognize how the property has been used for fifty years and puts it in a legal document. He supports it. Attorney Schleck stated that even if the city property was to be sold, the city could certainly set up the easement so that it continues as long as they occupy the property. There are various ways to document this to protect everyone. Councilmember Krebsbach stated that there are two issues. If it is a permanent easement, there could be access off the driveway to the south. She asked if the driveway could be used by any other parties under a permanent easement. Attorney Schleck responded that the way the easement is written, it is limited to ingress and egress for agents, contractors, etc. of the Weinzettels, and the city could argue that it does not grant access to residents of other parcels. He suggested Council grant a license or a temporary easement. Mayor Huber stated that his feeling is that this just documents what has been in place for fifty years. Councilmember Schneeman moved to authorize the Mayor and City Clerk to execute a permanent easement agreement granting an easement for driveway access to 2140 Dodd Road. Councilmember Duggan seconded the motion. Councilmember Vitelli stated that the city should not be giving away land to its residents. COUNCIL COMMENTS Mayor Huber informed Council that he has received a letter from Senator Metzen to the Metropolitan Council regarding the proposed plan to reduce bus service and the impact that would have on Mendota Heights. He read Senator Metzen's letter for Council and the audience. He expressed appreciation for Senator Metzen's endorsement of the city's position on the issue and to Representative .Rick Hansen for his letter to the city supporting the city's position. Page No. 6 May 3, 2005 Mayor Huber stated that he has received a few letters from the younger members of the Welde family and the Schnell family commenting on making sure the city does a better job of picking up trash and protecting the environment. He referred the letters to the Parks and Recreation Commission. CASE NO. 05 -12, VOCOVICH Council acknowledged an application from Mr. Patrick Vocovich for subdivision to create one additional lot at 748 Willow Lane. Council also acknowledged associated staff reports, letters from Mrs. Dorothy Haffely, Mr. James Brandes, and Ms. Sandy Klarkowski and a neighborhood petition opposing the subdivision. Mr. Vocovich was present for the discussion. Assistant Hollister stated that Mr.Vocovich proposes to create an additional lot to the east, which would include an easement for an alley. Because the subdivision meets the standards of the R -1 District, the city planner recommended approval. Several residents appeared at the public hearing and spoke in opposition and the Planning Commission recommended denial. Councihmmber Schneeman asked what the dimensions of the lot are. Assistant Hollister responded that 15,000 square feet is the required minimum size. The applicant's drawing shows that after the subdivision, the lot with the existing home would be 31,109 square feet. The new lot would be 22,351 square feet, inclusive of the alley easement. Without the easement, the area of the lot would be 18,034 square feet. Councihnember Duggan stated that he has he looked at the area extensively and has a concern about the height where the home might be placed and about drainage and the footprint of the house. The subdivision meets all of the ordinance requirements except being in keeping with the neighborhood. This neighborhood has been used to not many changes over the years. He would like to get a sense of what the footprint of the house might be so that people can anticipate what they would see. Since he understands Mr. Vocovich is not in a hurry, he asked if Council could table the matter to get information from staff. Mayor Huber responded that the action Council might take if this were to pass tonight does not define which is the front of the lot or the footprint of a house. Page No. 7 May 3, 2005 Assistant Hollister stated that there is no application before the city for a house and he does not believe Mr. Vocovich has a house plan at this time. Mayor Huber stated that, depending on what size the house is, there is a fairly wide range of footprints that could occur. Assistant Hollister agreed, and stated that the applicant is not committing to any specific footprint and Council is saying it is not committing to any planning approvals. The house would have to conform to the R -1 requirements. Councilmember Duggan stated that he has only seen the Willow Lane front yard. To the south, all the driveways are on the alley to the east. He does not think the city would accept an unnamed street as the street for a future home. Councilmember Schneeman stated that the street is Valley Curve. Councilmember Duggan stated that the alley does not have a name. Even though all the homes are addressed Valley Curve, all the driveways are to the alley. The only front would be Willow Lane. Councilmember Vitelli asked if there is any legal basis on which Council could deny the application. As he looks at the proposal, no variances are required and it is an acre lot. Attorney Schleck responded that the request is for a subdivision and the subdivision meets all the requirements of the ordinances. Under the statutes, it could not be denied. Mr. Vocovich stated that he did all of the research he could to be sure he was doing the right thing. He respects his neighbors very much, which is why he increased the lot size to 22,000 square feet from the 17,000 square foot size he started with. Now the proposed new lot is 7,300 square feet over the required minimum. There are also many trees around the Willow Lane side of the property. Councilmember Duggan asked if there is ever any water retained in the low areas of the property. Mr. Vocovich responded that there is only one low spot and drainage is excellent. Page No. 8 May 3, 2005 Councilmember Duggan stated that he was concerned about placement of a house on the new lot and stated that the house should be placed on the high area so that there is good drainage. Mr. Vocovich responded that if there is ever a home built on the property, it would probably be as high up the hill as his house is now. Councilmember Duggan noted that Mr. Vocovich has planted many trees. Mr. Vocovich stated that he also proposes to plant more trees on the proposed lot. Councilmember Vitelli stated that the proposed lot is not going to be the smallest in the area, and it is legal. He is a proponent of maintaining the character of the land, but Mr. Vocovich has done everything right. Councilmember Krebsbach stated that there are implications about splitting the lots in this neighborhood. She asked Councilmember Vitelli how many lots he identified in the neighborhood as being splitable. Councilmember Vitelli responded that staff looked at the whole area and came up with four or five lots in Bunker Hills that would not need any variances. Councilmember Krebsbach stated that given the size of the lots that Mr. Vocovich is proposing, she does not have an objection to the subdivision. Mayor Huber stated that if the application were to be approved, at some point down the road there will be a $19,000 charge for equivalent street and utility assessments. He asked what action would trigger the need for that payment. Administrator Danielson responded that before Mr. Vocovich can file the subdivision with the county, he needs a resolution from the city stating its approval. Staff would give him the resolution when he submits the payment. Mayor Huber informed Mr. Vocovich that there is no time frame for him to act on the resolution. Page No. 9 May 3, 2005 Councilmember pointed out that the city attorney has stated that there are no bases for denying the subdivision. Ms. Joan Brandes stated that at the Planning Commission there was discussion about how unusual the area is. This area is really everyone's front yard and if it was legally considered the front yard, there would be some setbacks that would not meet the requirements. All of the houses that follow it are in a row and all about the same size. The neighborhood was designed with really large lots. The subdivision on Arvin was very nicely done, but this impacts all the lots to the south and impacts their value. Several years ago there was a request to subdivide an even larger lot and that was denied. Mayor Huber stated that there was a subdivision application that was denied because it needed a variance in order to subdivide. In this case there is no basis. Councilmember Duggan asked about application of the string rule — would the string rule be for the homes to the alley or the homes to Willow Lane. Attorney Schleck responded that with respect to the new lot, Willow Lane is the fronting street, and Willow Lane would be used for the string rule. Councilmember Duggan stated that people were very unhappy with the Arvin Drive subdivision approval and are happy with it now. When people see the final results, they can be a lot better than originally thought. Ms. Donna Solem, 1870 Valley Curve, stated that when she drives up her driveway to the alley, there will be a house in her front yard. Why would she want to live there. She has lived in her home for 36 years, and before that on Delaware for 18 years, and she wants land. She does not want a house there. It would also impact her drainage, and if they build a house on the new lot, she will move. Councilmember Duggan stated that is why he asked how a house would impact others. Mr. Brian Birch, 755 Willow Lane, stated that the existing home is right across the street from him. He stated that he has spoken to Assistant Hollister and he has done a little bit of designing on it. If the lot has a Willow Lane address, there would be a 30 foot setback, not 15 feet as someone suggested. He made a sketch with a design Page No. 10 May 3, 2005 for the driveway coming off the side. They could build a three car garage and 2,000 square foot home and still have 55 feet from the lot line on one side and 25 feet on the other side. He thinks it is a feasible lot and does not see any drainage problems with anyone building there because the property slopes down. It would not affect the neighbors. He also thinks the lot is larger than the properties across the street from him. He gave his support to approving the subdivision, stating that he does not think it would damage property values in the neighborhood at all. Councilmember Krebsbach stated that if Council approves the subdivision, given the sizes of the lots in the neighborhood Mr. Vocovich will have to be very cautious about variances. One of the things that worked with the Orchard Hill development was that they left a perimeter of trees. If Mr. Vocovich keeps a perimeter of trees, that would be helpful. Councilmember Vitelli moved to approve the subdivision and direct staff to prepare the appropriate resolution for Council adoption. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 CASE NO. 05 -15, MEYER Council acknowledged an application from Mr. Rob Meyer and and Ms. Rhonda Simonson, for a 2.5 foot sideyard setback variance for a home addition at 1399 Clement Street. Council also acknowledged associated staff reports. Assistant Hollister stated that the addition would be within 2.5 to three feet into the front yard setback. The city planner recommended denial based on the fact that there is no hardship. Conventionally, a hardship is only granted where the property cannot be put to a reasonable use without variances. The planning commission was sympathetic to the variance and recommended approval, citing the fact that it is an unusually shaped lot and based on the size and configuration of the lot. They felt there was sufficient hardship. The City Engineer suggested that Council approve a three foot variance rather than 2.5 feet because it is difficult to determine based on the GIS data exactly that it is 2.5 feet rather than 3 feet. Councilmember Krebsbach stated that every effort should be made to comply with 2.5 feet and that she would think the approval should be for 2.5 feet, not to exceed three feet. She also asked about the status of Clement Street. Page No. 11 May 3, 2005 Assistant Hollister responded that part of Clement is a full right -of- way and part of it is narrower. Some time ago, the southern part of Clement was vacated to the neighbors because Council concluded that because of the wetlands, Clement would never be extended. The variance is to the front yard setback to First Avenue, and nothing would change to the Clement side. Councilmember Vitelli moved to approve the variance for 2.5 feet, not to exceed three feet, and to direct staff to prepare the appropriate resolution for Council adoption. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 CASE NO. 05 -16, FENTON Council acknowledged an application from Mr. Mark Fenton for a Conditional Use Permit and Wetlands Permit for Grading Work for Playground Improvements at Somerset School, 1355 Dodd Road. Council also acknowledged associated staff reports. Mr. Fenton, Grounds Supervisor for Somerset School, was present for the discussion. Assistant Hollister stated that there have been discussions between 1 Mr. Fenton and the city engineer since the planning commission meeting. The commission was concerned about the earth work close to the creek and the implications that might have with respect to erosion to the creek. Engineer McDermott stated that the school district has requested a wetlands permit and conditional use permit for playground revisions at Somerset School. The planning commission recommended denial based on erosion issues, drainage issues and the slope down towards the creek. She met with Mr. Fenton on site to discuss those concerns. They would level off the upper and lower playgrounds, extending it about 42 feet, and it could be a 6:1 or 7:1 slope down to the top of the bank. Mr. Fenton plans to install some erosion control around the perimeter to prevent any erosion from entering the creek during construction and putting a wood fiber blanket and seed on the slope as soon as it is final graded to establish a natural buffer zone that would not erode. There is no buffer zone now. The water builds up in the upper playground now and rushes out in one location, washing some soil out from behind the wooden wall. The proposed design would more evenly spread the flow throughout the playground. Page No. 12 May 3, 2005 Councilmember Krebsbach stated that the playground used to have a very natural look. She asked if the plan is to make it a more natural looking place. Engineer McDermott responded that it will. The playground will actually be farther away from the creek. She stated that she is very comfortable with the solution. Councilmember Duggan stated that there is a very large drainage pipe and asked if Mr. Fenton does not feel there should be a fence to protect it. There is a precipitous drop and there is nothing to prevent anyone from falling over it. He looked at it today and felt there should be some fencing around that area. Mr. Fenton responded that is why the school district is changing the playground design. They are trying to move the playgrounds away from the creek so that it is safer. Councilmember Duggan stated that he would support the idea of the school district protecting itself from a lawsuit if someone fell down the eight to nine foot drop. There are also two gullies to the east that are almost as bad, and they could be made safer with fencing. He felt that was Commissioner McManus' concern. He felt that the school district should seriously consider doing something safer with it. Councilmember Vitelli asked if any earth will be added or removed. Mr. Fenton responded that he would be adding 900 cubic yards. Councilmember Vitelli stated that he takes his grandchildren to the playground and feels what is proposed is an excellent plan which he fully supports. Councilmember Schneeman agreed, stating that she feels it will be safer. Councilmember Krebsbach asked what the activities will be on the site. Mr. Fenton responded that the school district will continue the path from Ivy Falls to the parking lot, create a 100 by 100 foot playground with several different play structures, including swings, rock climbing walls, a space net and a and a basketball court. The existing pea rock will be replaced with wood chips. Page No. 13 May 3, 2005 Mayor Huber stated that there is a representation in the staff report that there will be an opportunity when they repave their parking lot to create a rain garden. Engineer McDermott stated that if the school district would be willing to consider it, there will be an opportunity to build a rain garden where the water would flow down through it to the creels to improve the water quality and slow down runoff to the parking lot. There is a very nice location for something like that. The cost would be about $4,000 to $7,000 per garden. Mayor Huber stated that he would really like the district to consider the rain garden. He feels very strongly that the school district should install a rain garden. Council is very interested in water quality. Councilmember Schneeman pointed out that there would be a teaching element to it as well, as the school could teach the children how these gardens work. Mr. Fenton responded that he spoke to his supervisor and he said the school district will work that out between the district's consultant and the city planner. Councilmember Vitelli moved to approve the conditional use permit and wetlands permit and to direct staff to prepare the appropriate resolution for Council adoption. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 CASE No. 05 -17, FLEMING Council acknowledged an application from Mr. Scott Fleming on behalf of SuperAmerica, for a Conditional Use Permit Amendment for an Accessory Structure 1080 Highway 110. Council also acknowledged associated staff reports. Assistant Hollister stated that Council approved a conditional use permit for this project in 2003. When the SOS gas station property was redeveloped into the Dakota Bank and SuperAmerica, the Minnesota PCA required SuperAmerica to remove petroleum contamination from the ground. SuperAmerica has been operating an environmental cleanup facility since 1997. In 2003 they found that the equipment they had did not meet the task, and they got approval for a new structure. Conditional use permits lapse if not discontinued for six months, and SuperAmerica did not get around to implementing the project until a couple of months ago. Page No. 14 May 3, 2005 SuperAmerica has applied again, for the same size structure and essentially the same equipment as in 2003. This is mandated by the PCA. Councilmember Duggan asked if SuperAmerica's equipment is working. His concern is that they have been reasonably doing what the state requires. Assistant Hollister responded that they are, and now they are updating that equipment. They have made good progress, but not enough. There is still considerable contamination in the ground, and the PCA wants them to use better equipment. Councilmember Krebsbach asked if some of the contamination has seeped across Lexington. Assistant Hollister responded that SuperAmerica has indicated that some of it did cross Lexington. Mr. Scott Fleming, from ATC Associates on behalf of SuperAmerica, stated that there has been on -going monitoring, and they have been doing manual bailing to remove the product from the ground. There is currently an extraction system that has been removing vapors from the soil. Councilmember Krebsbach asked if there are pipes across Lexington in the ground by the open triangle and if that is being monitored by MPCA. Mr. Fleming responded that ATC is monitoring it for SuperAmerica and the PCA requires reports. There are a couple of monitoring wells on the east side of Lexington. The ground water is flowing to the north and the seeping is going towards City Hall and the residences. The contaminant is down about 30 to 50 feet. If there were health issues, the MPCA would be taking steps to make SuperAmerica do certain things. Across the street there is lower level dissolved phase contaminates. On the SuperAmerica site, they will install up to eleven recovery wells and would be pumping water and air and treating it. Councilmember Duggan asked if ATC is submitting reports to the city and the state. Mr. Fleming responded that they submit reports to the MPCA each year. Once the system is started up, there will be 24 hour, 7 day and Page No. 15 May 3, 2005 14 day reporting requirements to see how the system is performing. They will then shut the system down, and the MPCA project manager will review the reports and tell them up they need to do. Councilmember Duggan recommended that Council require SuperAmerica to submit an annual report to the city as well. Mayor Huber stated that he would grant the approval on the condition that SuperAmerica submits a letter, on its letterhead, stating that they will get this done in six months. They have already had two years to get it done. The conditional use permit will not be issued until that letter is received. Mr. Fleming stated that the permit was approved in the fall of 2003 and the prior consultant was struggling to get it done. Then SuperAmerica changed its consultants nationwide and ATC got a contract with them in early 2004. The .files were transferred and engineers reviewed them, but by that time the subcontractors were all booked and there was not enough time to do the work before winter came. Mayor Huber pointed out that all that time, a substandard recovery process was going on. Responding to a question from Attorney Schleck, Mr. Fleming stated that the MPCA project manager is Jim McCann, and his phone number is 651- 297 -8330. Attorney Schleck stated that for everyone involved, the MPCA project manager is the best source of information on what the progress of the clean up is. Councilmember Krebsbach stated that it would not hurt for the city to have a report from the MPCA as well. Attorney Schleck stated that the system that is being proposed is much more aggressive remediation system than what is going on now, so there is a step up on what is being done to improve the cleanup. Councilmember Krebsbach moved adoption of Resolution No. 05- 28, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AMENDMENT FOR SUPERAMERICA FOR AN ACCESSORY STRUCTURE AT 1080 HIGHWAY 110." Councilmember seconded the motion. Ayes: 5 Nays: 0 Page No. 16 May 3, 2005 HOME OCCUPATION Council acknowledged a memo from Assistant Hollister regarding a request from Mr. Carlos Higueros, 961 Delaware Avenue, for approval of a home occupation. Mr. Higueros stated that he wants to get a license from the state so that he can buy autos at auction and bring them to Guatemala. He will not park any cars on the street or at his house. He will buy two cars at the auction, bring them to his house and hook them together and drive them away. He drives one car and tows the other. They get a permit for that the same day. Responding to a question from Councilmember Schneeman, he stated that it takes him about seven days to get to Guatemala if the papers get to the border fast. They need 72 hours to see if the cars are stolen or if there are other problems with the cars. Mayor Huber asked how long it takes for him to get clear titles for cars he buys at auction. Mr. Higueros responded that sometimes he does not need a title and other times they are faxed to the border in Texas. That takes three to five days. He gets a bill of sale and goes to the state and ask for a permit to drive through states. Councilmember Duggan stated that Mr. Higueros' letter states that he will not have any cars in his driveway, but he said when he buys the cars he takes them to his house and hooks them together. Mr. Higueros responded that they will not stay in his yard more than 24 hours. He has six people doing this. Attorney Schleck stated that based on the background materials he has read and the request Mr. Higueros submitted with respect to a confirmation to the state for his license, all the state is asking for is for Council to confirm that his property is zoned for home office operation. Council is not being asked to provide any statements regarding parking cars or how titles or transferred, etc, but only that the property is zoned properly for a home occupation. He does not think Council runs any risk at all by simply submitting a letter stating that the property falls into this zoning classification. Page No. 17 May 3, 2005 Councilmember Krebsbach asked if there would be any implication by submitting the letter that the city approves of the operation. Attorney Schleck responded that there is no implication other that what the zoning ordinance states. The city should send a letter to the state saying simply that he can run a home office in this zone and his house is in this zone. It is common for people to ask for a zoning compliance letter when they are financing real estate. All he needs is a confirmation of the zoning classification. Councilmember Krebsbach stated that in her mind, Council would be saying he can conduct this business in Mendota Heights. Mayor Huber stated that he can as long as he does it within the city's rules. If he has cars being parked on his property and is doing things that are in violation of the home occupation ordinance, the city can take action. He is allowed to do what he is doing as long as he acts in compliance with the zoning ordinance. Councilmember Duggan stated that the zoning ordinance requires that vehicles be licensed and operable. He asked if the cars are licensed and operable. Mayor Huber pointed out that he cannot tow inoperable cars to his house and work on them. Mr. Higueros responded that he is not going to work on cars at his house. He wants cars that are running and cars that are good. Councilmember Vitelli stated that he supports the request, but that Mr. Higueros must be sure that he does not accumulate too many cars and annoy his neighbors. Councilmember Vitelli moved to communicate to the state that the city's ordinance permits Mr. Higueros to have an office in his home. Councilmember Duggan seconded the motion. Attorney Schleck stated that his plan is to draft a letter and attach a copy of the ordinance, and send that letter to the state with a copy to Mr. Higueros. Councilmember Krebsbach asked what changed Councilmember Vitelli's position to make him feel comfortable with this. Councilmember Vitelli responded that the city attorney has clarified that operating a business in the home is allowed by ordinance. One Page No. 18 May 3, 2005 concern he had was the concern about what happens to the cars between the time he wins the bid at the auction and the time he moves them. Mr. Higueros has explained that he just buys two vehicles and hooks them up with a trailer device and moves them. He stated that he is taking Mr. Higueros at his word, and based on his description of what he is doing and the attorney's comments, he supports it now. Councihmember Krebsbach asked at what point would Council consider him in violation of the ordinance. Councihnember Duggan stated that when it exceeds four cars. He also suggested that Mr. Higueros keep the towing devices in his garage when they are not in use. Attorney Schleck responded that the home occupation is allowed when it is only engaged in by people who reside in the dwelling. If other people who do not reside there engage in the business in that house, that would be a violation. The ordinance also states that the occupation is allowed in only one room of the structure. If he uses more than one room, that is a violation. If there is evidence of the operation visible from the street, that violates the ordinance. Mr. Higueros stated that most of the time he will not have any cars in Mendota Heights or Minnesota. He gets most of his cars in Wisconsin. If he gets the cars to Minnesota, he will hook them up and drive away. He stated that he understands that he cannot have any broken cars on his street or in his driveway for three months. He will not put any cars in his driveway or garage. He lives in the home in Mendota Heights and owns three other homes. Councilmember Krebsbach stated that the line of not being in compliance with the ordinance may seem very rigid and happen very soon, so Mr. Higueros should make sure he is familiar with the Ayes: 5 ordinance. Nays: 0 ECS WORKSHOP Council acknowledged a memo from Administrator Danielson regarding scheduling an Emergency Communication System Task Force workshop with the Council. After discussion, Councihmember Duggan moved to conduct a workshop at 7:30 a.m. on May 10. Ayes: 5 Councilmember Schneeman seconded the motion. _ Nays:0 Page No. 19 May 3, 2005 COUNCIL, COMMENTS Mayor Huber reminded the audience that the annual spring clean up will be on Saturday from 8:00 a.m. to 2:00 p.m. at the Mendota Plaza. Councilmember Duggan congratulated West St. Paul on its new growth on Robert Street. He stated that he has received calls from several people about trees that are down. They told him that the fallen trees support the habitat. If someone cuts down a tree because it is diseased or something, that is something else. Councilmember Krebsbach congratulated that parents who preparing their children to play baseball. She also expressed appreciation to the Garden Club for planting and maintaining the plantings at City Hall. Mayor Huber congratulated Officer Tanner Spicer for spotting a couple of young men who were breaking into cars. He reminded residents not to leave their purses, etc. in their cars when they go to sports games. Councilmember Schneeman stated that she has had several phone calls about children riding their skateboards in the streets and 1 cautioned parents to watch their children. She has also had more calls about garbage cans being turned over in the streets. Councilmember Schneeman stated that she spoke to Ross Fefercorn today. He had an insert on Town Center in Sunday's paper and they had over 200 phone calls and 250 visits and four reservations for sales. Councilmember Vitelli complimented Mr. Fefercom and his group on the success of their advertising campaign. The insert was very tastefully done and had a very nice history of Mendota Heights and the area. ADJOURN There being no further business to come before Council, Councilmember Krebsbach moved that the meeting be adjourned. Ayes: 5 Councilmember Vitelli seconded the motion. Nays: 0 TIME OF ADJOURNMENT: 9:12 p.m. ATTEST: K thleen M. Swanson, City Cleric � � Joh2�5,6er , or �_