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City Council Regular Meeting Minutes • September 24, 1996 Page .5 1 providing treatment of storm water discharges from this site consistent with the Master 2 Storm Water Management Plan and Rice Creek Watershed requirements. As stated at the 3 Planning Commission, the proposal to discharge untreated storm water into the Silver 4 Lake Road drainage system is temporary and has the preliminary approval of WMO staff. 5 It is the intent of Opus Northwest, L.L.C. and the Ste. Marie Company to re-route this 6 drainage into the internal storm water treatment system when development of Lot 4 7 occurs. We are actively seeking users for the Lot 4 parcel and anticipate presenting a 8 project for this site within the next calendar year." Mayor Ranallo stated this is a' 9 commitment on the part of both companies. 10 Mr. Douglas Jones, 2505 Silver Lane, stated he had heard the presentation given by 1 l Westwood Engineering and feels this is a good proposal. He also commended the 12 developer for the work done thus far at Apache Plaza. He stated his concern was that this 13 drainage plan was temporary and future owners of the Tires Plus building would not be 14 bound to the plan. Mr. Jones stated the drainage plan should be a condition of the 15 variance. He stated the parcel was less than 2.5 acres and fell below the required acreage 16 of land that would require Rice Creek Watershed jurisdiction or regulation of the site. 17 Marks asked if the drainage plan could be included in the motion with respect to the variance. 19 City Attorney William Soth stated the drainage would be required by law if it was a 20 requirement of the Rice Creek Watershed District. The drainage is part of the plan that 21 the City is approving and is what the Rice Creek Watershed District is permitting, 22 therefore it is what governs. When Lot 4 is developed the City will not grant a building. 23 permit unless the drainage is changed as specified. 24 Morrison stated Kate Drewey, Rice Creek Watershed District has stated the District has 25 control of drainage on the site because it is part of the Apache Plaza development. 26 Mr. Soth stated this was correct, as this was not a freestanding development, but is a 27 parcel tied to the entire development with reciprocal and ponding agreements. 28 Faust asked if the aforementioned letters were considered to be legal documents. 29 Mr. Soth stated these letters demonstrate that Ste. Marie Company and Opus understand 30 the agreement. These letters are now part of the record. 31 Mr. Bruce Miller, Westwood Engineering, explained the drainage of the southwest comer 32 of the site will pass through a grit chamber and be tied into the trunk in Silver Lake Road and eventually go to Silver Lake. The remainder of the drainage of the site will be 4k temporarily connected to Silver Lake Road. When Lot 4 is developed,this drainage will 35 be connected through Lot 4 and routed through the internal system to the new ponds. If it