Agenda - Council - 04/14/1998 (2)

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AP~-22-98 WED 8'59 AM LINDBERG & MCKINNIS PA FAX NO. 612 689 9806 P. ill Illl .... I Il I I ...... ' .......... Illilnl n I i inul~ ~ location of a building near the south tine of the property for a portion of the distance and also by fencing, burming and the planting of vegetation in other areas. BJORKLUND shall provide to CITY a preliminary design tbr screening with an estima{e for the construction and completion of such screening that does not include the building. BJOPdKL~D shall deposit in escrow with CITY the sum of $ based upon said estimate, to be held until such time as 139th Avenue Northwest has been completed and the appropriate screening can be determined and constructed. 6. Drainage. of.B. JORKl.UND property. The parties agree that as 139th Avenue Northwest is constructed, the drainage of water from the BJORKLUND property shall be onto Outlot B, Business Park 95 Seventh Addition according to Exhibit A attached hereto. Such drainage plan shall be in accordance with plans prepared by BJORKI,IJND and submitted to the City Engineer for approval prior to construction. 7. Ramp_construction. The City Engineer shall determine what permits are necessary for BJORKLUND to construct a ramp to its hopper currently located on the property. If permits are necessary, CITY shall so advise BJOR.KLUND and BJOR K LI JND shall obtain said permits prior to the undertaking of any construction. Further, C1TY acknowledges that there is located on the property that it has contracted to sell to BJORKI,UND herein fill which BJOKKLUND may use and take from the CITY property to construct the hopper ramp prior to the actual final platting and conveyance of said property. It is estimated that BJORKLUND w/II be taking approximately 80-100 yards of fill off this property. 8. Placement_of buildings on BJORKL_UND property.. The parties hereto agree that until the completion of 139th Avenue Northwest, it is extremely difficult to determine what will be appropriate for the final site plan for the potential location of a building on the south side of the BJORKLUND property to house its trucks and equipment. CITY, however, has advised BJORKLUND that it cannot allow and BJORKLUND cannot expect such garage building to face 139th Avenue Northwest with garage doors. The south exterior wall of any building or garage will be part of the screening plan and that all garage doors will face into the ~_JOr~KI.UND prope~2~. It is anticipated that CITY will need a mhfimum of 15 feet from the this ""~exter£or ed~~"~n 139th Avenue Northwest to the building. CITY staffat time does recommend a 5-T6ot setback from thc property line to a potential building to be constructed by BJORKLUND based upon the staff's review of the area of the BJORKLL1ND parcel, the needed size or the BJORKLUND building, the requirements of using the south side or the building as screening, and the elimination or' garage doors that would allow for access onto 139th Avenue Northwest. This recommendation shall continue when 139th Avenue Northwest been completed and when BJORKLUND is able to apply for a building permit based upon final construction. I lowever, BJORKI,UND h~ls bccn specifically advised that this is merely a recommendation by CITY staI'[' and that the granting of a varimme is subject to the CITY's nounal review process, public hearing, recommendation oF the Planning Commission and approval by the City Council. No guara~tees have been made to BJOP,.KLUND as to thc placement of a building or as to the required setback that may be necessary once 139th Avenue I I ! ! I ! I I I' i I I I I I I I' I