10-21-85 Annexation CommitteeOctober 21, 1985 COMBINED SEWER AND WATER/ANNEXATION 3:30 P.M.
Chairmen Nystul and Manning and Councilmen Ruiz, Springer, Saverud, and
Palmer in attendance. Mayor McDowell, DPW Hammer, S/W Superintendent Hyde,
Building Official Jackson, Dave Greer from FRDO, Mike Fraser, Ed Kennedy, Doug
Johns, Paul and Helen Jones, and Roger Hopkins of the Daily Interlake also
present.
SEWER AND WATER
COMPUTER ERROR ON SPRINKLING RATES - C. Nystul asked Mayor McDowell if
he had researched this as yet and the Mayor indicated he had not.
BOB RINKE REQUEST FOR WATER SERVICE - DPW Hammer explained that Mr. Rinke
wishes to put a trailer on a piece of property included within the proposed
Southwest SID area. This is permissible under present zoning. Mr. Rinke is
willing to sign a consent to annex and withdrawal from the rural fire district.
The Committee felt that the system in that area was already overloaded and
it was not fair to the residents to add to the system, especially since this
was a proposal rather than an existing structure. C. Springer made a motion
to deny under exigency, C. Ruiz seconded and the motion passed. They felt
it best that Mr. Rinke wait for -the SID.
SOUTHWEST SID - There was a short discussion concerning the responses
to the survey. DPW Hammer requested to get to work on getting the costs down.
The Committee sees the need for both sewer and water to be done.
• GREENDALE COURT SEPTIC REQUEST - After discussion the Committee agreed
to recommend that the Council take no action until or if affirmative action
is taken by the County Health Department. There are no plans to serve the
area with sewer at the present time.
WWTP - S/W Superintendent Hyde will compute theoretical dissolved oxygen
to check the State's figures. Report on good TSS and BOD levels. Land application
needs and what is being done were discussed. It was suggested that the City
advertise for additional land for land application.
WINDWARD WAY SEWER EXTENSION - Mike Fraser pointed out that there is a
sag in the City line which it would be advantageous for the City to repair
before the contractor does the paving. S/W Superintendent Hyde is to check
on this problem. There was discussion of the age of the line, who the project
engineer was, whether or not as-builts were available, and the need for an
inspection report from the engineer in cases like this where the City accepts
a line built by a contractor.
WATER DEPARTMENT WAREHOUSE - It was pointed out that there is some land
being offered for sale just behind the City shops that might be a good place
to relocate the water warehouse. There was no action taken.
DEVELOPERS DIVERSIFIED EASEMENTS - Doug Johns explained that in 1961 a
general right-of-way easement was given that stated that "someday" the parties
• were to get together and come up with an easement across Section 6. In 1964
Simpsons, Clarks and Camerons granted the City a permanent easement, which
was later acquired by Developers Diversified. Developers Diversified would
like the City to abandon the 1961 easement as a housekeeping matter. He
COMBINED SEWER AND WATER/ANNEXATION
October 21, 1985
• Page 2
explained that the 1961 easement was taken by the developer in order to get
a water line to Northridge, and the intent was for the 2nd easement to take
the place of the first. When asked what the problem was he said it encumbers
the title. The City surveyor has verified the legal description. The City
has never given the easement back so it still appears on the records. Attorney
Neier explained some problems including not being able to get extended coverage
on title insurance. He saw no need to keep the first easement. The Committee
agreed to recommend that the Council authorize the Mayor to sign the abandonment.
COUNCIL AGENDA ITEMS - Windward Villa: everything ready for public hearing.
Will have Resolution of Intent from Glen. Zone Amendments 6.13B, 6.14, 5.06-5.08,
and 7.13 Attorney Neier indicated would be ready for the November 4 Council
meeting. Carver Addition: Certificate of survey has been done. Committee
will go with previous recommendation. Culligan Addition: Resolution of Intent
ready for tonight's Council meeting. Mattson Zone Change Request: Committee
recomends authorizing City Attorney to set the Public Hearing date. C. Manning
will acknowledge that the Planning Board has acted upon this.
DRAFT ORDINANCE ON DISCS - C. Manning asked that all Councilmen be given
a copy of the draft for study before the next meeting.
BMB ADDITION #138 - This has been held open for a year. Because the
situation surrounding Culligan's and Scotty's Bar has been worked out for fire
protection this annexation needs to be concluded. Attorney Neier is to check
• on the process and get it moving again.
CASH IN LIEU OF PARKLANDS - C. Manning reported on research by Parks Director
➢rent that indicates the books show considerably less income than what should
be. There needs to be a follow-up when cash in lieu of parklands is to be paid.
DPW Hammer brought up the Supreme Court ruling that apartments are not subdivisions.
C. Manning will discuss this with Parks Director Drent.
DOUBLE LT. ADDITION EASEMENT - Attorney Neier is to check on progress on this.
GRANDVIEW DRIVE EXTENSION OF SERVICES - Mike Fraser explained the request.
They have done a minor subdivision to create two parcels, one of which they
are now making into a major subdivision. This parcel is not contiguous -
it is 500-600 feet from the City limits. The sewer is already available because
of a developer extension agreement. Tract 2 will be covered by the extension
but Tract 1 will not be bacause the owners will not sign the consent to annex.
The Committee will recommend to the Council that they authorize the Mayor to
sign the extension of services agreement.
PAUL AND HELEN JONES - Mr. and Mrs. Jones have purchased the old Seafood
Broiler building and would like to use it for a music education center and
the sale of keyboard instruments. The area is zoned B-6 and does not allow
for this type of business. There was extended discussion of possibilities
available. C. Palmer.suggested adding another line item to the Code: music
education. Dave Greer from FRDO pointed out that to fit into a B-6 zone they
• would have to go through amendment. Conditional Use would also require an
amendment. Time factors were discussed. C. Palmer also suggested restricting
B-6 to lots on the highway. The Jones prefer to leave the zoning B-6. The
Committee's recommendation was to refer this to the Planning Board with, as
COMBINED SEWER AND WATER/ANNEXATION
October 21, 1985
• Page 3
C. Springer said, an affirmative jab, and then be brought back to Council.
Conditional Use is probably the best route to go. Mayor McDowell is to write
to Nick Verma of FRDO with this -request.
TWO MILE VISTA - Taking up the earlier discussion of cash in lieu of park-
lands it was pointed out that Two Mile Vista was not, because of the Supreme
Court ruling, under subdivision regulations. The Board of Adjustments could
impose conditions. Of the 13 conditions imposed by the subdivision review
ten are requirements and the other three (cash in lieu of parkland, 24' roadway
agreement with Pack, and landscaping) should be no problem. C. Palmer suggested
asking the variance board how they would like it handled. C. Manning said
that since the subdivision review process they went through is essentially
null and void because of the Supreme Court decision, then they have not gone
through a process that is binding them to any conditions. Therefore they should
go through a conditional use permit, which would then take care of the problem
of the adjacent land owners, which is the intent of the whole review process.
The Committee agreed that the Council should address this at the November 4
meeting.
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