CC Minutes 3-13-06
City Council Meeting -March 13,2006
Mayor Furlong: So that would be the motion on item l(d)-2. So is there any other item that
anybody else would like to remove for separate discussion? Mrs. Paulsen, did you indicate that
you wanted, if you'd like to come forward and request.
Janet Paulsen: I'm Janet Paulsen. I live at 7305 Laredo Drive. I'd like to request Liberty on the
Creek to be removed from the consent agenda. And the private street issue discussed.
Mayor Furlong: And you had a question on the private street?
Kate Aanenson: I'm prepared to answer that quickly.
Mayor Furlong: Okay, we'll remove it so we can deal with it and then we'll pick it up right
afterwards. With that, are there any other items to be removed? If not is there a motion to
approve items lea) through (g) excluding (d) as in David?
Councilman Peterson moved, Councilman Lundquist seconded to approve the following
consent agenda items pursuant to the City Manager's recommendations:
a. Approval of Minutes:
-City Council Work Session Minutes dated February 27,2006
-City Council Verbatim & Summary Minutes dated February 27, 2006
Receive Commission Minutes:
-Planning Commission Verbatim & Summary Minutes dated February 21,2006
b. Resolution #2006-19: 2006 Sea1coat Project 06-02: Approve Plans & Specifications,
Authorize Advertisement for Bids.
e. Accept $2,000 Donation from General Mills for Safety Camp.
f. Accept Quote for 2006 Boulevard Tree Planting Program.
g. Approve Certificate of Compliance for Market Square 2nd Addition.
All voted in favor and the motion carried unanimously with a vote of 4 to O.
D. LIBERTY ON BLUFF CREEK. LOCATED EAST OF AUDUBON ROAD.
SOUTH OF LYMAN BOULEVARD AND NORTH OF PIONEER TRAIL:
1) FINAL PLAT APPROVAL.
2) APPROVAL OF PLANS & SPECIFICATIONS AND DEVELOPMENT
CONTRACT.
Mayor Furlong: Now Mrs. Paulsen is back in her seat. Your question related to parking on
private streets or a question about whether it's being allowed or not?
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City Council Meeting -March 13, 2006
Kate Aanenson: I can just address some of, go through the.
Mayor Furlong: Certainly.
Kate Aanenson: This is zoned R-8. That does PUD, on the underlying R-8 which doesn't allow
private streets without a variance. Just to be clear, when we reviewed this entire project, the
input from the city staff was that these looping streets all be public. The only private, this is also
a public street. The only places where there's on street parking is on a public street. And this is
the only area that's all private and there is guest parking that meets city code. That would not be
on a street so that is consistent with city ordinance.
Mayor Furlong: Off street parking?
Kate Aanenson: That's correct. And then in addition you'll see other spots, again where there's
private streets. If you remember when this first came in the driveways were shorter so we
worked hard to get that parking, guest parking on those driveways or guest parking so it is
consistent with city code. And then just there was another question regarding impervious surface
and that was addressed in the preliminary plat. It is consistent with what the zoning ordinance
allows and that's balanced over the entire site so. I believe that's the questions.
Mayor Furlong: Were there any changes in either of these two issues between the preliminary,
or the.
Kate Aanenson: No, this is the plat pretty much that you saw when it was given approval for
preliminary plat, so the final plat's consistent with that. The thing that we did review was the
architectural standards, the color palettes which we included in your packet. The different
iterations.
Mayor Furlong: Okay. Any other questions?
Councilman Lundquist: Kate is that then, those private streets, that will be signed as no parking?
Kate Aanenson: That's correct and we're working with the applicants right now to talk about
how we can differentiate that and addressing so it has a nice flow to it and easy access.
Councilman Lundquist: Okay.
Mayor Furlong: Okay. Mrs. Paulsen, any follow up questions?
Debbie Lloyd: Debbie Lloyd, 7302 Laredo Drive. Ijust think the question was raised because
the condition is really not clear on the final plat. The condition does ask for additional parking.
By allowing them to park on streets, it doesn't say just public streets. On the streets. And I think
the condition could easily be remedied by saying credit for on street parking is not allowed along
the curb of public streets nor on the private street, because without that stated in there, who's to
prevent that interpretation from in the future not being acknowledged? That's what, you know
it's just, that's why we're questioning it. It's unclear. It led us to question it and by code,
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City Council Meeting -March 13,2006
Chapter 18-57(0)(2) clearly states, parking on private streets or otherwise blocking all or part of
the private street shall be prohibited. And unless people know when they're buying that they
cannot park on those private streets, and now granted we did hear it would be fine, but in the
condition it doesn't state that they're not using the private street parking to help meet the
requirement that, because they're falling short of parking spaces. So I think the report could be
clearer. We didn't catch it earlier. We just caught it in the final reading and I thank you for your
time.
Mayor Furlong: Alright, thank you. Yes quick question of staff and possibly the City Attorney
with regard to the wording. She raised a question whether the wording is clear in the existing.
Councilman Lundquist: That would be condition 5. Kate, any objections to adding a condition 5
to say, as a third bullet point, parking not allowed on the private streets?
Kate Aanenson: That's fine.
Councilman Lundquist: I mean it clarifies the ordinance.
Kate Aanenson: It's in the ordinance, right, and it would be.. .and the applicants, the developers
agree to that.
Mayor Furlong: I think I see the applicant here, there'll be no problem with that? Okay.
Alright. That's fine.
Councilman Lundquist: I would propose that we amend condition 5 with that.
Mayor Furlong: Why don't you just make a motion.
Councilman Lundquist: Propose to move to amend condition 5 with the third bullet point,
parking not allowed on private streets.
Mayor Furlong: Okay. And other than that you're making a motion for the entire item l(d),
correct? 1 and 2?
Councilman Lundquist: That is correct.
Mayor Furlong: Okay, is there a second?
Councilman Peterson: Second.
Mayor Furlong: Made and seconded. Any discussion? Seeing none we'll proceed with the vote.
Councilman Lundquist moved, Councilman Peterson seconded to approve the final plat,
plans and specifications and development contract for Liberty on Bluff Creek, amended to
include in condition 5 a third bullet point: Parking is not allowed on private streets. All
voted in favor and the motion carried unanimously with a vote of 4 to O.
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