10-23-2002 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL OCTOBER 23, 2002 The City Administrator took issue with the estimation that half of the proposed lots would be lost as a result of compliance with the City's requirement that the road right-of--way would be counted outside of the William's easement. Fahey pointed out that in order to comply with the policy the road right-of--way would not be allowed on the pipeline easement, but could be adjacent to it. Essentially the road right-of--way becomes the 50-foot setback area. Fahey felt the impact would not extend beyond a lot or two. McDonell indicated that application for consideration of the Preliminary Plat was made in July. The plat as presented meets the City's Subdivision Ordinance and Codes. McDonell noted that since the July application, the City has adopted a 50- foot pipeline setback policy and is now hying to require that the plat comply with that policy. The City Planner indicated that the policy is a separate issue from the staff's recommendation that the street right-of--way should not overlap the Williams easement. That recommendation is a reaction to Williams' position that it will not exempt the City from the cost of replacing the road if the road is located on their easement has to be disturbed because of work they do within their easement. McDonell pointed out that the developer has agreed to cover the cost of the road should Williams disturb it. Therefore, that issues goes away and there is no need for the City to apply its setback policy. Fahey stated that he understands McDonel]'s legal argument about why he feels the setback policy should not be applied to this plat. However, the issue still remains about allowing road right-of--way on the Williams easement. McDonell felt there was no need to require that the entire road right-of--way be located outside the 50-foot setback as spelled out in the policy. Anderson clarified that the policy requires a 50-foot setback from the edge of the easement and that the road right-of--way could abut the easement area and essentially serve as the 50-foot setback area McDonell pointed out that compliance with this policy will result in the loss of lots. Scalze indicated that that may be true, but it will certainly not be half the lots that McDonell indicated earlier in the meeting. McDonell replied that the loss of lots will definitely be two to three. He noted that the developer has not maximized the density with the proposal and has increased lot widths over the minimum width allowed by the City. McDonell indicated that they want to work with the City and they want to protect the road. He noted Von Reidel's offer of $10,000 to offset disturbance of the road should that occur. McDonell again pointed out that the policy was not in effect at the time the application for preliminary plat was made.