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1996-04-16 Council minutesPage No. 1 April 16, 1996 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, April 16, 1996 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, was held at 7:30 o'clock P.M. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Huber, Koch, and Smith. Councilmember Krebsbach had notified the Council that she would be absent. AGENDA ADOPTION Councilmember Koch moved adoption of the revised agenda for the meeting. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Smith moved approval of the consent calendar for the meeting, revised to move items h, I, j, k and n to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the April 9, 1996 Parks and Recreation Commission meeting. b. Acknowledgment of the Treasurer's monthly report for March. c. Acknowledgment of the Park Status Report for March. d. Acknowledgment of the Fire Department monthly report for March. e. Approval of a request from Bethel Baptist Church to use Mendakota Park softball fields on Friday nights from May 3 to August 16 for $10 per field, conditioned that should there be a scheduling conflict, including rescheduling of rain - delayed league games, the scheduling of the fields shall be in favor of Mendota Heights residents to the extent possible. Staff was directed to prepare an amendment to the field use resolution so that local residents have priority on field use if a scheduling conflict develops. Staff was further directed to notify the MHAA and league teams that the fields are being scheduled because there was no scheduled use and that they should let the city know as Page No. 2 April 16, 1996 soon as possible should there be the need for a field on Friday nights for make-up games. f Approval of a request from St. Thomas Academy to reserve the Roger's Lake Park and Valley Park tennis courts from April I to June 1, from 3:15 p.m. to 5:15 p.m., Monday through Friday, with the condition that if a reservation at Valley Park proves problematic, that St. Thomas would use Marie or Wentworth Park instead. g. Acknowledgment of the renewal of the Lease Agreement with U.S. West/New Vector Group for the existing antennas on the water tower. h. Adoption of Resolution No. 96-18, "RESOLUTION ESTABLISHING MUNICIPAL STATE AID HIGHWAYS." i. Authorization for the Mayor and Interim Administrator to execute the developer's agreement for the Gopher State One Call building. Acknowledgment of a memo from Treasurer Shaughnessy regarding workers' compensation insurance and approval to accept the premium refund option for worker' compensation renewal. k. Approval of revised specifications for a 1500 GPM fire pumper and adoption of Resolution No. 96-19, "RESOLUTION APPROVING FINAL SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR 1500 GPM PUMPER WITH 65-75 FOOT TELESCOPIC WATER TOWER/AERIAL LADDER," bids to be received on May 15. 1. Approval of the list of licenses dated April 16, 1996 and attached hereto. m. Approval of the List of Claims dated April 16, 1996 and totaling $197,997.46. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 BOARD OF REVIEW Mayor Mertensotto opened the meeting for the continuation of the Board of Review. Council acknowledged a memo from Treasurer Page No. 3 April 16, 1996 Shaughnessy and a status report from Bill Peterson, from the County Assessor's Office. Mayor Mertensotto stated that if Council has the same concerns as the residents, it should not sign the Assessor's Statement this evening, since the Board of Review provides the opportunity to address the property owners' concerns with the County Assessor. He suggested that the matter be deferred to the April 30 adjourned meeting since Council does not know at this time what action has been taken by the Assessor on the property owners' concerns and appeals. ENGINEERING PERSONNEL Council acknowledged a memo from Public Works Director Danielson advising that Civil Engineer I Shawn Sanders has submitted his resignation, effective April 17, and recommending that two temporary engineers be recruited to assist with the summer engineering work load. Councilmember Smith to acknowledge Shawn Sanders' resignation with regret and best wishes for success in the fixture. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 Mayor Mertensotto stated that he is concerned about blanket authority to hire two full -time temporary engineers. Public Works Director Danielson responded that he is asking for approval to advertise at this time and will bring back a recommendation for appointment at a fixture meeting. He explained that he is not planning to replace Mr. Sanders with a permanent employee at this time, but rather to hire two full -time temporary engineers for the summer only. Mayor Mertensotto was concerned about the potential for unemployment compensation claims, and stated that the candidates must be notified of the term of appointment and that there must be a "sunset." Public Works Director Danielson stated that October 31 could be set as the termination date for both positions. Councilmember Smith moved to authorize the engineering department to advertise for two temporary full -time engineers to assist with engineering work during the 1996 construction season Page No. 4 April 16, 1996 with both temporary positions to terminate on October 31, and to utilize Shawn Sanders for surveying assistance through the summer as needed at a rate not to exceed $10 per hour. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 ZONING AMENDMENT Council acknowledged a memo from Administrative Intern Hollister and proposed ordinance to amend the Zoning Ordinance to provide for motor fuel stations and motor fuel station convenience stores as conditional uses in the B -2 District and to allow banks and banking institutions with drive -in facilities as conditional uses in the B -2 District. There was Council discussion and concern over automatic teller machines. Councilmember Smith stated that the primary concern is that the city should have review authority over free standing ATM's. Councilmember Smith moved adoption of Ordinance No. 306, "AN ORDINANCE AMENDING ORDINANCE NO. 401," revised to restate Section 16.2(8) to include ATM's. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 CASE NO. 96 -05/06 Council acknowledged a memo and proposed resolution from Public DAKOTA BANK & SUPER Works Director Danielson regarding applications from Dakota Bank AMERICA for subdivision of the Curley property at T.H. 110 and Lexington Avenue and from SuperAmerica for conditional use permit and variances for a motor fuel station and convenience store. Council member Smith was concerned about the variance for the car wash setback. She stated that she understood that the car wash was at a 30 foot setback on the last plan. Councilmember Smith further stated that the resolution does not discuss a variance for the trash enclosure although Council had indicated that it did not want the trash enclosure to be flush with the building and would grant a variance to move the enclosure back. Public Works Director Danielson responded that the setback for the car wash is at 33 feet, and that the request is for a 27 foot variance from the 60 foot setback requirement. He stated that the last plan showed the car wash set back at 33 feet, and that the trash enclosure appears to be flush with the building. Page No. 5 April 16, 1996 Councilmember Smith stated that the language with respect to variances is not consistent as to the parking lot setback, and asked that the language be made consistent. Public Works Director Danielson responded that item 3 should read that there would be a seven foot parking lot setback variance from the north a 12 foot setback variance from the northwest. Councilmember Smith expressed concern that the sign setback variance language in item 2 gives blanket authority for a sign two feet from the right -of -way. She pointed out that the city has no control over T.H. 110 in the future, and stated that should the highway ever be widened in the future, two feet would not be sufficient. Public Works Director Danielson responded that the variance is for setback from the frontage road, and that there is a 60 foot setback required from the highway right -of -way. Councilmember Smith suggested that the sign setback variance should be tied to the drawing which was before Council on April 2. Mayor Mertensotto stated that he is also concerned about the car wash windows. He informed Council that he was told by an individual from SuperAmerica that after a facility has been in operation for several weeks the soap builds up and discolors the windows. He felt that perhaps this is a good reason to ask that the windows be bricked up. Councilmember Koch responded that this did not appear to be significant in the car washes she has seen with windows. Councilmember Smith stated that she is indifferent on whether there are windows and felt that the decision on windows could be at the discretion of SuperAmerica. She further stated that she would vote to approve the resolution with the reservation that SA give further consideration to moving the trash enclosure back, which would increase the variance. Councilmember Smith moved adoption of Resolution No. 96 -20, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND VARIANCES TO ALLOW THE CONSTRUCTION OF A SUPERAMERICA MOTOR FUEL STATION AND CONVENIENCE STORE AND BANK WITH A DRIVE -IN FACILITY AT THE SOUTHEAST QUADRANT OF TRUNK HIGHWAY 110 AND LEXINGTON AVENUE (PLANNING Page No. 6 April 16, 1996 CASE NOS. 96-05 AND 96-06," as amended this evening. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 CASE NO. 96 -01, SUPER Council acknowledged a memo from Public Works Director AMERICA Danielson regarding the application from SuperAmerica for conditional use permit and variances for a motor fuel station/convenience store at Highway 55 and Mendota Heights Road, along with a proposed approving resolution. Mayor Mertensotto informed Council that the proposed resolution which had been submitted in the agenda has been revised to provide that Council reserves the right to approve either a pylon or monument sign at a later date and to specifically prohibit outside storage. Councilmember Koch moved adoption of Resolution No. 96 -21, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND VARIANCES TO ALLOW THE CONSTRUCTION OF A SUPERAMERICA MOTOR FUEL STATION AND CONVENIENCE STORE AT THE SOUTHEAST QUADRANT OF TRUNK HIGHWAY 55 AND MENDOTA HEIGHTS ROAD (PLANNING CASE NO. 96-01)." Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 PARK SHELTERS Council acknowledged a memo from Parks Project Manager Kullander regarding Wentworth Park shelters. Mayor Mertensotto asked how the city could get the architect who designed the Mendakota and Kensington Park shelters to release the building plans without payment. Interim Administrator Batchelder responded that Station 19 designed the park shelter plans for the city and staff will ask them for release to allow the city to use the same design without a fee. He informed Council that the Park and Recreation Commission discussed the needs for Wentworth Park and feels that two smaller shelters would be more appropriate for the park, since two groups of people could be accommodated. He explained that the shelters Page No. 7 April 16, 1996 would be located between the parking lot and the tennis areas, near the path in the grassy area adjacent to the woods. Mayor Mertensotto stated that he can see that one 16 by 16 foot shelter, similar to the shelters in Kensington, would be somewhat useless. He further stated that he does not think the shelters in Kensington are very functional. Councilmember Smith agreed, commenting that the corner posts are too large for the size of the structures and make the shelters less functional. She suggested that staff request alternate bids for two 16 by 16 foot shelters or one 16 by 24 foot shelter. She also stated that she would like more information on the shelters and what is truly needed at Wentworth. Staff was directed to contact Station 19 to request a release. Councilmember Smith moved to direct staff to prepare a bid package for alternate bids for two 16 by 16 shelters or one 16 by 24 foot shelter and to advertise for bids. Councilmember Huber seconded the motion. Ayes: 4 � Nays:0 Interim Administrator Batchelder stated that staff will include a map with layout when the matter comes back to Council. PUBLIC COMMENTS Mr. John Nides stated that he is concerned about landscaping for the SuperAmerica at T.H. 110 and asked if he would have the opportunity for input. Mayor Mertensotto responded that Mr. Nides is welcome to visit City Hall during office hours and staff would show him the landscaping plan that is on file. He explained that the developer's agreement for the project will embody the landscaping plan. Public Works Director Danielson stated that the draft agreement is being reviewed by the City Attorney and should be on Council's agenda for May 7. Mayor Mertensotto asked Mr. Nides to document his concerns and give them to staff so that they can be addressed. ARBOR MONTH The City Council acknowledged a memo from Administrative Intern Hollister and a proposed proclamation to proclaim May as Arbor Month. Page No. 8 April 16, 1996 Councilmember Smith moved adoption of a "PROCLAMATION ACKNOWLEDGING THE MONTH OF MAY, 1996 AS ARBOR MONTH." Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 WENTWORTH WATERMAIN Council acknowledged a memo from Civil Engineer Sanders regarding proposed Wentworth Avenue watermain assessments and an appraisal by Racine Appraisals which had been commissioned by the city. Mayor Mertensotto stated that the thirty inch main is for the city's benefit and it is difficult to determine what the affect of the improvement would be on platted lots. He pointed out that the appraisal indicates that there would be a $1,200 market value increase because of the availability of water and it would cost the city more than that to install the service connections from the main to the property line. Public Works Director Danielson stated that the estimated cost to install the services is about $1,500 each, which exceeds the estimated valuation increase. Mayor Mertensotto suggested that the city should defer the making of the assessments, as there is no point in making an assessment. He pointed out that a hook up charge could be made later if property owners decide to connect to water. Councilmember Smith stated that the appraised value is actually $1,500. Mayor Mertensotto stated that he feels the biggest mistake that Council could make is not to install a service connection. Public Works Director Danielson agreed, responding that the city will get its money back in the future when wells go bad and people want to connect to water. BID AWARD Council acknowledged a memo from Civil Engineer Sanders and a tabulation of bids received for the Wentworth Avenue watermain project. Councilmember Smith moved adoption of Resolution No. 96 -22, `RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF WATERMAINS Page No. 9 April 16, 1996 IMPROVEMENTS TO SERVE WENTWORTH AVENUE (IMPROVEMENT NO. 95, PROJECT NO. 4)," awarding the contract to Brown and Cris, Inc., for its low bid of $168,981.00. Councilmember Huber seconded the motion. $168,981.00. Ayes: 4 Nays: 0 Staff was directed to retain the Northdale Construction bid bond until the contract is executed. CASE NO. 96 -07, TUMINELLY Council acknowledged a memo from Administrative Intern (MENDOTA HOMES) Hollister regarding an amended application for the re- platting of property owned by Carmen Tuminelly and located adjacent to Crown Point and abutting I -35E. Mr. Tuminelly stated that he received a letter from the city on April 11 in which he was informed that the Council had met on April 2 to review the plan presented by John Mathern (Mendota Homes). He informed Council that he has been a part of the application for fourteen months and has never not been a part of it, although Mr. Mathern has made all of the presentations as the developer. He stated that the letter from the city indicated that Council was concerned on April 2 about the layout of the property. He further stated that letter informed him that he had to accomplish a couple of things prior to coming back to the Council, improving the configuration of the lots and removing or reducing the need for variances. Mr. Tuminelly informed Council that he has accomplished both objectives. He also informed Council that he has applied for a developer's license and that Mr. Mathern is no longer a part of the development. He stated that neither the city nor the neighbors want the property to be developed with townhouses or twin homes, and he did not like either of those development plans. Mr. Tuminelly informed Council that he has reconfigured the lots and reduced them to five, including the lot which holds the existing home. He explained that the home will be completely remodeled on the outside and that he has sold three lots subject to final platting. He reviewed the revised preliminary plat, stating that each of the lots will far exceed the 15,000 square foot minimum size requirement. He stated that the roadway was not continued to allow six lots because it would not work because a cul -de -sac would have been needed, along with a new fire hydrant, utilities, etc., and these were not feasible. He informed Council that the three sales he has are from very substantial people who will build homes ranging from $250,000 to $290,000. He also stated that he is proposing a home owners' association to take care of snow plowing, sidewalk shoveling, grass mowing, etc. He stated that the letter from the city suggested that a single driveway be used for Lot 2 and 3, and he Page No. 10 April 16, 1996 believes it is a good idea. He stated that although the letter stated that there is no sewer connection for one of the lots, that is not correct - there is an easement across the easterly end of the property to allow connection to the sewer. He stated that he paid $23,000 two years ago for the use of the sewer and he should have the right to utilize it. Mayor Mertensotto asked for audience comments. Mr. Girard, 873 Highway 110, stated that his concern is that along with the development, there is a plan to widen the road in front of his house because there will be an increased amount of traffic. Mayor Mertensotto responded that there is no truth to the statement that the road will be widened, and that there is no intention of widening the road. He explained that Mn/DOT is planning to widen the turn lane which would mean widening the entrance into Crown Point. He informed the residents that the city has no control over what Mn/DOT does. Councilmember Smith stated that there has been no discussion on widening but there was discussion that the existing road is wide enough for existing homes and she had asked whether there is sufficient room for widening if it is needed. Mr. Girard stated that he has never seen any problems with traffic moving two ways along the road and he has two small children and would like to keep whatever yard he has along the road. He stated that the closer the road comes to his house the less safe his children will be. Councihnember Smith responded that Council's concern must be for the general safety, and that does not mean what is there is not sufficient. She informed Mr. Girard that she just raised the question last meeting. Mr. Tuminelly stated that he has been working with the state and believes he has been pretty successful in getting the access to the property improved, but he is not talking about widening the road but rather getting a right -turn in and right -turn out at the highway. He stated that Mn/DOT does not want to widen the road in front of Mr. Girard's home, but rather just to widen the access to the neighborhood. Page No. 11 April 16, 1996 Mr. Alex Hushcha, 1977 Crown Point Drive, stated that the current proposal seems to be much better than the prior proposals for eight homes or ten townhouses. Ms. Nancy Girard asked whether the proposal for a five lot development includes the existing home. Mr. Tuminelly responded that the home would be on one of the five lots. Ms. Girard stated that the traffic goes by fast already. She asked if some a stop sign or other type of sign could be installed to reduce the speeds, because she already hears screeching from the cars turning off of Highway 110 and young people come up from the park trails on their bikes and are in danger. Mayor Mertensotto stated that parking is banned on the frontage road for that reason, and so that people do not park on the frontage road to get to the park. Ms. Girard asked if someone can take a look at the traffic. She stated that she does not think five houses would make a major traffic problem but that there is a speeding problem now and added traffic will make the road more dangerous for children. She suggested that there should be a stop or yield sign at the entrance to the new lots. Mr. Tuminelly responded that there is a stop sign coming out onto the frontage road from Crown Point Drive but it is not very visible because of the trees, etc. Councilmember Huber asked if the application must be returned to the Planning Commission. He stated that he does not have any particular concern with the proposal but would prefer that the Planning Commission had reviewed it. Mayor Mertensotto responded that the Planning Commission has had the matter before it and recommended denial of an earlier plan. Mr. Tuminelly stated that this is a continuation of the last discussion before Council and he sees no need to go back to the commission. He stated that he does not want to lose his sales and pointed out that the proposal has been reduced from ten lots to five lots. Councilmember Smith stated that she came with the same concerns as Councilmember Huber about processing because this is a very different plan than what the Planning Commission reviewed, but hat she is somewhat persuaded by Mr. Tuminelly's statement that this is Page No. 12 April 16, 1996 not a new plan but rather a revision to a plan the commission already reviewed. She further stated that the plan does essentially address Council's concerns including the comfort of future residents. She felt that there would be plenty of room for future owners to screen traffic noise, etc. Mr. Tuminelly stated that he had hoped to install a berm but found out that there is a water main in that location. He informed Council that he can move the berm location forward and plant trees on it to help reduce highway noise. Mayor Mertensotto was concerned about whether discussion on the application can be continued under the sixty day requirement. Interim Administrator Batchelder responded that the application began on March 5 and was before the Planning Commission in March. He stated that the clock began ticking on March 5, so May 5 or 6 would be the end of the sixty days and if the sixty day limit is extended this evening the applicant should be notified in writing. Mayor Mertensotto asked if Mr. Tuminelly is asking for any variances. Mr. Tuminelly responded that the driveway is the same as approved originally, and a variance was granted in the original plat. He stated that he can lay out the plat with two driveways if the Council desires. Mayor Mertensotto pointed out that a variance would be required if there were to be a common driveway. Mr. Tuminelly stated that he would prefer one driveway for each lot, but a single driveway going up the property and branching off into the additional lot would preserve most of the existing trees. Public Works Director Danielson stated that if there is a common driveway a variance would be required. He informed Council that if the setbacks for Lots 1 and 2 are measured at the house setback line, there is 100 feet of frontage where Mr. Tuminelly proposes to build the houses, but there is not 100 feet of frontage at the setback line. Councilmember Smith responded that the building envelope for those lots is necessarily different and meet all requirements. She stated that variances are not required, but whether or not they are advisable is another question. Page No. 13 April 16, 1996 Mayor Mertensotto stated that Council told the applicants what they wanted the applicants to do and he felt it would be foolhardy to send the application back to the Planning Commission because of the sixty day limit. He felt that each property owner should own a driveway so that they do not need to worry about who is to maintain a common drive, etc. He further stated that if the preliminary plat does not show a single driveway, then no common driveway would be allowed. There was discussion over locations in the city where there are shared driveways. Mr. Tuminelly stated that shared driveways have been handled by deed restrictions in the past. He explained that there will be an association which will pay the costs for any future repairs or maintenance. Mayor Mertensotto responded that driveway maintenance is always a problem, and he thinks that each property should have its own separate driveway. Councilmember Smith stated that the plan will certainly accommodate individual driveways but she would be willing to look at whether in this situation a shared drive would be preferable. She asked whether preliminary plat approval can be subject to future consideration of the driveway. Public Works Director Danielson responded that a party line easement would have to be filed with or prior to the final plat. Mayor Mertensotto stated that instead of replatting two of the lots in the Carmen Court Addition, Mr. Tuminelly should do a replat of the entire addition for title purposes. He stated that there is only one structure now and that will be modified to come within the lot line. He stated that unless there is a total replat, there may be future problems. Councilmember Huber moved to approve the preliminary plat for the replat of the Carmen Court Addition into a five lot subdivision with the understanding that Council reserves the right to a future decision with respect to the shared driveway. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 Page No. 14 April 16, 1996 MIDWEST GAME FEST Council acknowledged a letter from Mr. & Mrs. James Tousignant requesting authorization to hold a Midwest Game Fest on land held by Victor Properties east of I -35E along Mendota Heights Road. Council also acknowledged an associated memo from Administrative Intern Hollister. Mr. & Mrs. Tousignant were present for the discussion. Mr. Tousignant stated that the game fest is an outdoor family event with a wide variety of displays on products involved in many sporting activities. He stated that he is requesting a conditional use permit, a food and beverage sales license, including 3.2 malt beverage license, and a retail sales and vending license to allow his clients to sell goods to their customers. He explained that there will be very strict requirements placed on gun sales. Mr. Tousignant stated that this will be a first event and that he will work closely with the community. He informed Council that he has received permission from Visitation and St. Thomas for overflow parking on their land. Mayor Mertensotto stated that one of his questions was whether any event like this had been done before. Mr. Tousignant responded that there are several game fairs held in Minnesota annually, the largest of which is the game fair which has been held in Anoka every year for fifteen years. He stated that all of the events are successful and family oriented, and that the sales community is looking for such an event on this site. Mayor Mertensotto was concerned about parking in the event of rain. Mr. Tousignant responded that the Renaissance Festival is held on the same weekend, and he has researched how rain has impacted the Festival. He stated that there have only been one or two times when it has rained. He further stated that rains are quick in August, they come and go quickly. He informed Council that he has spoken to people in the excavating business and with the winter settling and clover mix the entire site can be covered and be appropriate for parking. He stated that Visitation will also allow him to use its property on the south side of Mendota Heights road. He explained that the property has not been used for at least ten years and was compacted and is very acceptable for parking. Mayor Mertensotto informed Mr. Tousignant that Council has never permitted itinerant sales and the Zoning Ordinance gives no means - of permitting them. He stated that the land is currently zoned R -1 Page No. 15 April 16, 1996 but may be guided for commercial. He felt that approving the request would open up a Pandora's box with respect to itinerant sales. He pointed out that the city has never allowed open sales lots, flea markets or Christmas tree sales lots as a policy. Mr. Tousignant responded that he is asking for a temporary license and is not promoting a free market environment but rather an up scale event. Mayor Mertensotto also informed Mr. Tousignant that gun sales have always been prohibited. Mr. Tousignant stated that there will only be displays on site and no on -site gun sales. He informed Council that any gun sale transactions will be strictly on paper only. Councihnember Smith stated that there are a number of major hurdles: no gun sales; that it is an R -1 District and Council has denied much smaller events in the R -1 District; and, no itinerant sales are allowed in the city. She stated that Council has even denied a request for permission to sell Christmas trees in the past. She stated that for these major reasons and breeches of what has been the policy she could not vote in favor of the request. Councihnember Huber agreed, stating that he has a real problem with gun sales even if there is no display of guns. Mr. Tousignant responded that if gun sales is a major obstacle he can withdraw that request. Mayor Mertensotto asked whether there are other sites available, such as the state fair grounds, which are improved and have blacktopped parking. Mr. Tousignant responded that there are other places with blacktop, etc., but the whole theme of the event is to be out in the country. Mayor Mertensotto stated that while he would like to see the property owners make some revenue from the property, he has real problems with an event of this nature because of traffic and parking, and also the sale of malt beverages. Councilmember Huber pointed out that regardless of what is being sold, it is still an issue of itinerant sales. Page No. 16 April 16, 1996 Councilmember Koch stated that she is not entirely opposed to the proposal as the land is not in a residential neighborhood. She further stated that itinerant sales people want to sell their goods in high traffic areas like the intersection of Dodd Road and T.H. 110 but the Tousignant location would not be characteristic of a site an itinerant merchant would use. She stated that she would like to see if there is some way the issues can be worked out. She informed Council that she is familiar with the event held in Anoka and knows people who attend it and she has not heard any complaints from them. She stated that she would like to see if there is some way the request can be accommodated. Councilmember Smith stated that her comments are not reflective on the project. She explained that she is not opposed to the concept but if it were approved, Council would be opening the city to many hurdles in the future. Mr. Tousignant stated that the event is not a gun swap, but rather is a place to take one's family to learn about fishing, new camera products, etc. He stated that it is a real family event and the location is far enough away from a residential neighborhood that it will not bother anyone. Mayor Mertensotto pointed out that Mr. Tousignant anticipates thousands of people would attend the event over its three days and he was concerned about traffic, pets brought along, etc. Councilmember Koch noted that the event would be held at a time when there is little activity or traffic in the area. Mr. Tousignant informed Council that the fair would be on the week end and only be on one week day, and on the week day it would open after rush hour so as not to create traffic problems. He explained that he wants the site to be shut down by 9:30 or 10:00 p.m. Councilmember Koch asked if this could be a test case and not be held every year. Mayor Mertensotto responded that once Council allows a test case a precedent would be set. Mr. Tousignant stated that for a first year event and he has made the estimates of participation as large as may be possible. He stated that the event may not draw so many people the first year. Page No. 17 April 16, 1996 Mayor Mertensotto stated that on one hand, the Tousignants own the land and pay taxes on it, but if Council is to err it would be better off to err on the side of denial. He stated that he will not support the request. He further stated that Mr. Tousignant has obviously done much work on the proposal but it does not fit in with the way the city has been operated since its inception. Councilmember Huber stated that it is not a bad presentation or badly thought out, but he cannot support approval. Mr. Tousignant asked if there would be the opportunity to explore things that he could address to put together an event that the Council could agree with. He stated that he wants the event to be good for the community and that he will remove the gun sales if Council wants and would not allow the display of guns or ammunition. Councilmember Huber stated that if the event were successful, it would almost get to the point where there would be an area established in the R -1 zone where it would be improved and made even bigger and annual. He pointed out that the Bjorklund boutique became so successful in a residential area that Council had to tell Mrs. Bjorklund that she had to move the operation. He stated that this also is a residential district and if the event is successful, Council would be in a situation it would not want to be in. Mr. Tousignant stated that the property was developed for some type of commercial usage and he wants to bring business into the city and to develop his property and become a successful business. Mayor Mertensotto responded that now it is to the point that Mr. Tousignant is saying that this is more than the proposal is in front of Council. Councilmember Smith pointed out that the boutique is a success in an appropriate location and while it was in the home it caused too many problems for many neighbors. Mayor Mertensotto stated that Council would like to see the property develop at some time but development of the property is not before Council at this time. He stated that Mr. Tousignant requested permission to operate the Midwest Game Fest as a temporary three day event, but now it is getting to be something else. He stated that if the request is approved, Council would be permitting itinerant sales in the R -1 District. Page No. 18 April 16, 1996 Councilmember Huber moved to deny the request to operate Midwest Game Fest on the Victor Properties property. Councilmember Smith seconded the motion. Ayes: 3 Nays: 1 Koch RIGHT -OF -WAY VACATION Council acknowledged a letter from Mr. Dave Bjorklund and Mr. Dick Bjorklund and Ms. Melanie Perron for the vacation of right -of- way along Mendota Heights Road and Condon Court adjacent to their properties. Council also acknowledged a related memo from the Public Works Director. Mayor Mertensotto stated that his concern is that it is right -of -way that was given to the city by Mn/DOT and it has some value, particularly when added to another property. He further stated that with the zoning change it becomes another issue and concern and is more than just a vacation of an unused portion of a street. Councilmember Smith stated that the intersection of Mendota Heights Road and Dodd has had some problems - there are sight problems - and a turn lane may need to be added in the future. She stated that she would be reluctant to give up any right -of -way. She further stated that it is unclear to her in this case that the right -of- way will never be needed, unlike those vacation requests which Council has approved in the past. Mayor Mertensotto stated that now that the city owns the right -of- way, it is not necessary to negotiate to get land which may be needed in the future. He further stated that there is over 18,000 square feet of land area in the right -of -way which could ultimately go into some type of commercial zoning if it were vacated. Councilmember Smith moved to deny the request to consider vacation of the right -of -way. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 CRUZ VARIANCES Council acknowledged a memo from Public Works Director Danielson regarding denied variance requests from Mr. & Mrs. Richard Cruz, 1338 Cherry Hill Road, for driveway setback and recreational vehicle storage in a side yard, and efforts which have been made to mediate a solution between the applicant and his neighbor. Page No. 19 April 16, 1996 Mr. Mike Neska, 803 Park Place, stated that his back lot line is adjacent to Mr. Cruz' side lot line where the RV is parked. Mayor Mertensotto stated that as far as he is concerned, what is the front yard is what is to the front of the house, and the sideyard is where there are problems where people put in blacktop for parking vehicles and recreational vehicles. He stated that the storage of RV's in the side yard always creates problems. Councihmember Smith stated that Mr. Neska has the dual problem of looking out has back yard at the vehicle. Mr. Neska informed Council that he designed his home so that the living space is in the back of the home and the first thing visitors to his home see is the RV. He stated that Mr. Cruz installed a concrete slab that the city did not approve and the city ordinances say that he cannot store recreational vehicles within ten feet of Mr. Neska's property. He informed Council that Mr. Cruz cannot park his RV in the side yard without being within ten feet of his property. He asked why Mr. Cruz was allowed to put a concrete slab on the side of his house for the purpose of parking the RV on it. He also stated that the concrete slab is about two feet onto his property. Interim Administrator Batchelder responded that Mr. Cruz was issued a building permit and certificate of occupancy, and the slab was poured after he certificate was issued. He informed Mr. Neska that the city requires that a driveway be five feet from the property line and that the City Council denied Mr. Cruz' application for variance. Councilmember Smith stated that in the past Council has required people to remove concrete slabs if they were in violation of the ordinance and that she believes neighbors have the right to rely on the ordinance. Councilmember Huber stated that he believes Council discussed that the slab was too close to the lot line and he thought that was resolved. His recollection was that Council's direction was to enforce the ordinance, but the prosecutor suggested mediation and that he does not know if Council ever told Mr. Cruz to remove the slab. He stated that he thought the city could not enforce the location of the RV. Interim Administrator Batchelder responded that the Zoning Ordinance requires that driveways be five feet back from the side lot line, and Mr. Cruz may argue that the portion of the slab is behind Page No. 20 April 16, 1996 the front of the house. With respect to a portion of the slab being located on the neighbor's property, he stated that because that is a civil matter he is not sure the city could do any enforcement. He informed Council that the city does not require permits for concrete slabs that are not driveways. Councilmember Smith agreed that it would be a civil matter and stated that Council is only talking about the five foot setback issue and whether that has to be dealt with. Mayor Mertensotto stated that there are really two interpretation issues: the definition of sideyard and front yard; and the definition of parking and storage. Interim Administrator Batchelder responded that the slab is in violation of the five foot setback requirement. Acting City Attorney Michael Duffy stated that there is no definition of storage in the zoning ordinance but section 3.29(8) describes parking space. Mayor Mertensotto stated that if it is a driveway, the ordinance says it can be no closer than five feet from the property line, and anything else would require a ten foot setback. He stated that there is a violation of the setback requirement and Council should take action. Councilmember Smith stated that she does not see why this is any different from any other ordinance violation that Council has pursued, and that it is a violation of the setback requirement for driveways. She also stated that parking and storage come down to pretty much the same thing by definition. Acting Attorney Duffy stated that he does not think there is a difference, and the intent of the code is to prevent recreational vehicles from being stored along side of a building. He also pointed out that the ordinance does not permit the parking of a recreational vehicle along side a building. Mr. Neska asked if there is anything that would say that Mr. Cruz could not park the RV closer than 10 feet from Mr. Neska's property if Council instructs Mr. Cruz to remove the driveway. Councilmember Smith responded that Mr. Cruz' legal counsel has stated that if his client parked within ten feet of the property line, even in the front of the house, that would be permissible. Page No. 21 April 16, 1996 Mr. Neska asked if there is anything that would say that Mr. Cruz could not park the RV closer than 10 feet from Mr. Neska's property if Council instructs Mr. Cruz to remove the driveway. Councilmember Smith responded that Mr. Cruz' legal counsel has stated that if his client parked within ten feet of the property line, even in the front of the house, that would be permissible. Interim Administrator Batchelder stated that there are practical definitions of front and side yards but no where in the ordinance does it specifically say that. Mayor Mertensotto stated that it has been the accepted definition over the years that the front of the lot is the front, the side is the side and the back is the back. He further stated that the city has side yard setbacks and does not permit parking and storage on the side because the neighbors have to look at the storage. Councilmember Huber moved to notify the land owner that he has a structure that is in violation of the ordinance - if it is a driveway it must be five feet from the property line and if it is any other type of structure it must be set back ten feet from the property line - and to request that the slab be brought into compliance with the ordinance. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 CELLULAR TOWERS Council acknowledged a memo from Administrative Intern Hollister regarding cellular tower regulations. After brief discussion, the mater was tabled. LIVABLE COMMUNITIES Council acknowledged a memo from Interim Administrator Batchelder regarding review of the proposed action plan for the Livable Communities Act. Interim Administrator Batchelder stated that he has been participating with Dakota County on the development of a cluster plan. He informed Council that an action plan must be submitted by June 30, and the draft plan is before Council this evening for review and to alert Council that the Metropolitan Council will require each community in the cluster to attach a statement to the plan indicating what each city will do on an individual basis. He stated that the city must get the statement to the HRA by April 16, and that staff can prepare it and let the HRA know it will not be available until Council reviews it on May 7. He stated that there are many things Page No. 22 April 16, 1996 TREE MORATORIUM Council acknowledged a memo from the City Clerk regarding adoption of a tree removal ordinance or extension of the existing tree removal moratorium. After brief discussion, Councilmember Huber moved adoption of Resolution No. 96-23, "A RESOLUTION EXTENDING THE LIMITED TREE REMOVAL MORATORIUM," extending the moratorium to September 1. Councilmember Smith seconded the motion. Ayes: 3 Nays: 1 Koch ADJOURN There being no further business to come before the Council, Councilmember Huber moved that the meeting be adjourned to April 30, 1996 at 7:00 p.m. for consideration of requests for proposals for City Planner, continuation of the Board of Review and other items. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 11:34 o'clock A.M. ATTEST: leathleen M. Swanson, City Clerk Charles E. Mertensotto Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL April 16, 1996 Asphalt Contractor License Bituminous Consulting Masonry Contractor License Jim Gallagher Masonry Excavating Contractor License Hubbell Excavating A. Kamish & Sons Inc. Slater Excavating Gas Piping Contractor License Apollo Heating & Vent. Corp. Suburban Air IMAC Contractor License Suburban Air General Contractor License Arkay Construction Company Frerichs Construction Company Lindstrom & Son Roofing RAK Construction Inc. Spancrete Midwest Co. Michael Tutewohl Homes Inc.