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• FALCON HEIGHTS CITY COUNCIL MINUTES July 28, 2004 -8- Proposed ordinance providing for the addition of rental storage space as an Interim Use in B-3 Zone (continued from July 14, 2004) Council member Lamb said this would mean a much more tightly worded document than is being presented this evening. For example, it would seem very logical that the City wouldn't want any flammables stored there. When you talk about boats, automobiles, etc., in your mind is it reasonable to say that all of the fuel would have to be eliminated from them before they were stored? Mr. Bertz said that might be possible with jet skis or snowmobiles, but some gasoline would have to be left in the automobiles in order to be able to drive them in and out. Council member Talbot asked if Ciatti's is in the B-3 Zone, and Administrator Worthington said yes. He asked if Ciatti's has a CUP regarding the number of parking spaces they must have. Administrator Worthington said she wasn't aware of one for Ciatti's, but there is a CUP for Falcon Crossing regarding parking spaces and they are currently in compliance. Council member Talbot said that if the ordinance were changed, it is not inconceivable that Ciatti's could rent some of their surface parking spaces to RV's 24/7, 365 days a year. Administrator Worthington said yes. Mr. Bertz asked how you can assume that? Do you assume the flat lot is an accessory structure? Administrator Worthington said no, but it is land owned by the current • property owner. Mr. Bertz said that the current wording restricts it to currently in use existing accessory structures. He thinks those three key words are what's important. Buck's and Warners'are the only businesses that could have storage like this. City Attorney Knutson said that with regard to the proposed interim use language, the word existing really adds nothing. Obviously, you can't store stuff in a structure that doesn't exist. Existing doesn't mean it has to be existing at the time the ordinance is adopted. It just says existing, so you could build a new one. Mr. Bertz said the intent of the wording is existing at the time of the ordinance. Attorney Knutson said that is not what it says. Mr. Bertz said that in legislation you deal with intent. He is willing to work with the City if it takes language to straighten this out. Attorney Knutson said you don't get to legislative intent if the language is clear and he thinks it is clear. Mr. Bertz said he would agree with that. Council member Talbot asked where storage facilities are typically located. Administrator Worthington said they are located in light industrial or heavy industrial, typically in industrial areas. They are never located adjacent to residential, not in the modern zoning codes in the metro area. Mayor Gehrz said that if an employee came up to you and said, Tom, can I store my snowmobile for free, would you? Mr. Bertz said that if the City Council says TIES can't do this for a fee but can do it for free, they will do it. However, the ability to derive revenue is there and TIES wants to make use of the space and cover some of their costs. The space is just sitting there. Mayor Gehrz asked him if the space would be used for storage whether revenue is generated or not, and • Mr. Bertz said yes. 8