10-23-2002 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL OCTOBER 23, 2002 Fahey noted that there are too many unknowns associated with allowing the road right-of--way to overlap the Williams easement. McDonell pointed out that the developer has made an offer of $10,000 to protect the City. The Administrator asked how long the developer was willing to provide this protection. McDonell replied forever, and again noted that the most a road disturbance would ever cost was $10,000. Fahey pointed out that the calculation was done by representatives of the developer, and the City would have to do its own analysis of the potential financial impact. McDonell indicated that he was insulted by the questioning of his analysis. Fahey pointed out the Council's position to protect all the taxpayers of the City and suggested that it may be an insult to his intelligence to represent that the most it would cost to repair the road would be $10,000. Fahey stated that he understands McDonell's position that the area that has the potential to be disturbed is only a small area. McDonell pointed out an earlier comment that if Williams disturbs road outside of their easement area, they would be responsible to repair it. Therefore, he felt the area of liability was the small portion of pavement overlapping the Williams easement. The City Planner noted that the cost of road repairs is only a part of the discussion. The other issue is the overlap ofright-of--way on the Williams easement and the potential future uses of that right-of--way. The Planner noted that 50 years ago all the utility uses for rights-of--way were not even thought o£ He pointed out the potential future uses ofrights-of--way that have yet to be discovered. Therefore, it is in the City's best interests to protect these rights-of--way areas, just as Williams protects its easement areas. Fahey asked if there was any consensus on the part of the Council to change the 50- foot setback policy that it recently adopted or the application of this policy to The Preserve prelimina,y plat. There was no direction to reconsider. Montour pointed out that another reason to keep right-of--way from overlapping the Williams' easement is the liability that the City could incur if it damaged the pipeline while working within the easement area. Anderson pointed out that Williams Pipeline does not release its easements, therefore, why should the City release its rights-of=-way. The reason for not releasing either is because we do not know what will happen in the future. Fahey suggested that the Council give the developer direction on the other issues raised at the Planning Commission meeting. Fahey asked the Council's opinion for access to Viking Drive and whether or not Preserve Trail should be put through in a straight fashion down the middle of the lot..Fahey also noted the discussion about the combination of Lot 1 and 2, Block 2 pointing out that the Watershed is agreeable to the combination of the proposed outlot with the adjacent lot. 9