Agenda - Planning Commission - 10/04/2007

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service to provide to the residents that the City look at potentially enforcing some of the problems that exist, rather than leaving it to the Home Owners Association, which in a lot of these neighborhoods are defunct with no capital. This is at least worthy of a discussion to see what kind of resources the City would have with the Community Service OfficeL He does not have a problem with providing people redress when they come to the City and ask fot help; that is a basic City function., It is easy to get a covenant document and look at it. It may be scary to do something new, but maybe they should look at it and discuss it. City Attorney Goodrich advised these developments are still within the City and every word of the City ordinances are enforced. There may be some unique provisions within the covenants that to date have not been enforced. If Council would like to discuss this at a work session and see what the task would be and the pros and cons of enforcing the covenants, that could be scheduled. Councilmember Strommen stated she envisions a number of cases where a Home Owners Association might not want the City enforcing covenants. The Association can choose to amend, change or enforce covenants or not. She questioned the type of situation that would occur if a Home Owners Association chose not to enforce covenants, and the City chose to enforce them. Coul1cilmember Elvig commented that the City is working hard right now to get the tools and teeth in place for an abatement process and to enforce City ordinances; he does not think they have the facilities or the service capabilities for this at this point. Councilmember Look clarified with City Attorney Goodrich that the properties in this neighborhood are both residential and commercial. City Attorney Goodrich explained these properties are an upgrade from home occupations. At the time tIns neighborhood was platted Council decided to allow for a little bit of a higher industrial activity, while not fully zoned commercial. Councilmember Look questioned if the rental of the home is considered a business. City Attorney Goodrich replied no, rental is allowed throughout the community in residential areas. Councilmember Look questioned if a business is being conducted with the requirement for a license at this point. City Attorney Goodrich indicated the City does not interpret the rental of residential properties as a business. It is similar to building inspections with the protection of health, safety and the welfare of the renting public. Motion carried. Voting Yes: Mayor Gamec, Councilmembers Olson, Elvig, Dehen, Jeffrey, Look, and Strommen. Voting No: None. Case #5: Request for Extension to Submit Final Plat for Skyline Pointe Subdivision; Case of Skyline Partners, LLC Community Development Director Trudgeon stated on September 26, 2006, Skyline Partners received preliminary plat approval for the development of 47 single-family, bungalow homes and townhomes located on the southwest corner of County Road 5 and Alpine Drive. The proposed project went through many revisions to reduce density, accommodate the re-alignment of Alpine through the intersection ofNoV\1hen Boulevard, and provide density transitioning on the southern portion of the development. The approved preliminary plat is included in the Council's packet and was subject to contingencies. Mr. Trudgeon stated the applicant is requesting an additional year to meet the contingencies of approval, and to continue to work to develop the project. Staff recommends adoption of the enclosed resolution granting a one year extension to submit a final plat for the Skyline Pointe subdivision. The applicants are present if there are any questions from Council. City Council / August 28, 2007 Page 13 of 33 P61