10/03/1979 - Laserfiche WebLink

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CITY COUNCIL MINUTES - October 3, 1979 D. STAFF - REPORTS, CORRESPONDENCE & ANNOUNCEMENTS: (Continued) %f 2. City Engineer: W a) Report on Storm Drain Improvements - Dr. Buch. Dr. Buch, Sumnitwood Road, corrected a date on the first page of the City Engineer's report and stated that he felt the runoff from Bassett Lane was voluminous. The City Engineer then briefly summarized his report dated September 28, 1979 and the reasons for his recommending Method 1 for solving the drainage problems. Councilmembers commended the City Engineer on the work accomplished, discussed the legal ramifications of proceeding with this matter and the problems of access without major disruption to the land. The City Manager responded by advising of a chute supported with an X frame to provide fill for the areas of large erosion. Dr. Buch, Summitwood Road, cited the need for immediate action before winter rains and questioned culpability during course of the project as the majority of work taking place would be within Town easements. He also advised of his unwillingness to expend more than $5,000 for improvement costs. The City Attorney told Dr. Buch to contact his insurance carrier regarding liability responsibility and that this would probably be a shared risk, the details of which could be worked out at a later date. MOTION SECONDED AND CARRIED: Moved by Councilman Perkins, seconded by Councilman Nystrom and passed unanimously by all members present to accept the City Engineer's recommendation of Method 1 (Pipe and backfill) as the solution to Dr. Buch's drainage problem and that the total cost be allocated with Dr. Buch paying one-fifth, but not to exceed $5,000. E. SPECIAL ORDERS 1. Public Hearings: a) Request for Tentative Map Approval, LANDS OF JOHNSON, File TM #2098-79, 2 Lots. The City Engineer provided an environmental impact review for consideration of the proposed Negative Declaration. There was no public input offered. MOTION SECONDED AND CARRIED: Moved by Councilwoman Hillestad, seconded by Councilman Perkins and carried unanimously by all members present to adopt the proposed Negative Declaration, LANDS OF JOHNSON, File TM #2098-79. Introduction of the Tentative Map application by the City Engineer dealt with the property currently being under a Williamson Act Contract, that slope density provisions would allow for five lots, that only a split into two was proposed and that access to the new lot would be off Stonebrook with a major portion dedicated to the Town. Mr. Johnson, Applicant, questioned the conservation easement and was advised that it only prohibited structures in the area it encompassed. Councilman Perkins then asked the City Attorney to clarify the impact of subdividing property while it is under a Williamson Act Contract. The City Attorney made the following points: (1) That he had originally advised the Johnsons that subdivision could occur if all requirements were met; (2) That the minor division into two parcels of property which was further subdividable is a major factor to consider; (3) This contract was entered into with the County and all uses proposed complied with their regulations as well as with the Town's; (4) The Map Act stipulates that just being E under a Williamson Act Contract is not sufficient grounds for map denial; and, (5) ,r The applicant's desire to provide a home for another family member further complies with the required use of the land. -3-