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Minutes of the Meeting of June 24, 1999 Page 18 Action 99-335 (AI 11.5) Moved by Councilmember Rose, seconded by Councilmember Clark, that Resolution No. 99-183, "Granting Preliminary Plat Approval Per Section 18-4(C)(1), Louise A. Welle, Welle Addition, Highway 65 and 129th Avenue NE," be approved. The Community Development Director stated the Welle Auto facility has been operating from this site since 1980. The owner has recently reached an agreement to sell the undeveloped portion of the site to another retail use. To accomplish the sale the parcel must first be subdivided. The proposal was to create two lots, one of which will contain 3.98 acres and will be sold for development. Both lots were served with sanita'ry sewer and water services in 1990. This property had not participated in a public storm sewer project and no storm assessments have been levied. The developer will be required to provide storm water ponding on site for Lot 1. The Community Development Director advised a financial guarantee is required in the amount of $12,000 to assure completion. He explained the applicant has indicated that amount was too high but it was lower than the standard 150% requirement. Jeff Johnson, legal representative for Louis Welle, stated they were not objecting to posting security but whether it was reasonable to require the curb and gutter to be installed in an existing facility when the facility was not being changed. He explained they were subdividing a property and creating another parcel which would expand the tax base of the City. Mr. Johnson stated the site plan would provide for water ponding that was attractive and necessary for the area. He stated they looked at the conditions of approval contained in the City Code but the installation of curb and gutter was an economical issue and would require the regrading of a fair portion of the parking lot to assure adequate drainage. Mayor Ryan stated this had been a standard requirement for sites along Highway 65 and other parts of the City as well. Mr. Johnson asked if this had been required when there was no physical change to the building. Councilmember Kolb noted the existing building was not being changed but the property was being split. She stated this was a different circumstance and the applicant has the understanding that those requirements were required of the new site. She indicated support to remove Conditions 1 and 2. Action 99-336 (AI 11.5) Moved by Councilmember Kolb, seconded by Councilmember Clark, that Resolution No. 99-183, "Granting Preliminary Plat Approval Per Section 18-4(C)(1), Louise A. Welle, Welle Addition, Highway 65 and 129th Avenue NE," be amended to remove Conditions 1 and 2. The City Manager clarified that these requirements have nothing to do with the Highway 65 Overlay District but, rather, to bring the property up to the standard requirements that were placed on everyone in the City. Council member Clark stated he failed to see what had triggered the requirement to the existing building when that use has not changed. He stated he would also support removal of Condition 3 but it appeared the applicant was willing to work with the City on that issue. Mayor Ryan noted the requirements placed on Central Gas. Council member Daniels stated that any change to the site, not just improvements to the building, trigger the requirement.