Minutes - Council Work Session - 10/17/2006

Home

2) Highway #10 Corridor Performance Standards Mayor Gamec stated he has received letters from business owners located on Highway 10 expressing concern regarding the performance standards. Business owners have questioned why they should be required to blacktop or put in curb drainage because the City will eventually be acquiring their land. There was also concern expressed about signage being taken away from the businesses. Councilmember Cook indicated he has received similar letters. The business owners look at this as pressure to lower the value of their property and push them out of business. Assistant Community Development Director Frolik stated she has dealt with Highway 10 for 20 years, and Chris Anderson is now working to defend the City's position to clean up the property and get rid of illegal signs. When staff tries to deal with business owners on a complaint basis they state they will meet a requirement when their neighbor does. Staff has decided to move to uniform enforcement. The corridor has been divided into four acres and staff goes out once per month to conduct inspections. Some properties have made improvements and others have not. There are property owners that tear up the inspection reports in front of staff. In relation to concerns regarding improvements such as blacktopping, staff recently learned according to State law performance standards cannot be grandfathered in. She does not believe the cost of blacktop will raise the cost of a property in 15 to 20 years when it comes time to acquire the property. Staff is compromising on the curbing requirements if it is not necessary for drainage. Mayor Gamec asked if a property putting in blacktop with a rolled curb would be required to install a drainage or holding pond. Assistant Community Development Director Frolik replied yes, the grading and drainage plan must be presented to the City. The property is not required to go through the site plan approval process for these types of improvements. Mayor Gamec noted the need to be uniform in the performance standards enforcement. Councilmember Cook commented the biggest problem is that the City has allowed new businesses to come in and develop under the performance standards, which has resulted in a nice property next to a steel building on five acres of dirt that will not meet the standards. Assistant Community Development Director Frolik explained some of the existing businesses have not been required to pave. In 1997 there was a sunset clause where all of the properties were required to complete their improvements, but it was waived and staff was directed not to enforce the standards. The new lots on the south side of Highway 10 have been done according to code, but they are still expanding on grass lots because of what is happening on the north side of Highway 10. Staff's intent is to proceed with uniform enforcement. Community Development Director Trudgeon explained when staff tries to enforce the standards consistently they are told the business owners will be talking to the Council to have the standards City Council Work Session / October 17, 2006 Page 4 of 8