HomeMy WebLinkAboutA007 - Council Action Form dated March 19, 1985 U
ITEM #:
DATE: 3 9 85
COUNCIL ACTION FORM
SUBJECT: Approving Final Plat of Clear Creek II Addition to the City of Ames
- Planned Unit Development
BACKGROUND:
On January 29, 1985, Dick Coy & Sons submitted a request to the City to
approve the Final Plat for Clear Creek II Addition which is a Planned Unit
Development. Section 409. 15 of the Iowa Code requires that the City Council
take action on such requests within 60 dayday— the date of the application.
In this regard, the City Council must take action prior to March 29, 1985.
In reviewing the Final Plat, it has been found that the plat is in substantial
compliance with the Administrative Plat and the Conceptual Development Plan
that have already been approved by the City.
In approving the Planned Unit Development for this project, the City Council
agreed to allow six spaces to be located on the public park property which is
adjacent to this project. As part of this decision, the City Council further
required that these six spaces be available for public parking as well . In
that the public would have to travel over the private road that is proposed
for the project, the developer has granted to the City a public access
easement over the private street between the hours of 7:30 a.m. and 5:30 p.m.
Because of this access easement , the City may have a maintenance
responsibility for the private street. In that the street is designed (R.O.W.
width) to standards that are less than City standards, it would be unwise for
the City to assume any maintenance responsibility. As a means to minimize
this maintenance responsibility, the City Council should enter into an
easement agreement with Dick Coy & Sons that grants a parking easement to
Clear Creek II Addition for the six spaces that are on public property. This
easement should be granted by the City with the following conditions:
1. The developer is responsible for the construction and maintenance of
the six spaces located on public property. These six spaces shall be
constructed to a durable hard surface equal to the construction
standards of the other parking spaces on the project site.
2. The developer shall hold the City harmless from any maintenance
responsibility or liability for the six parking spaces to be located
on the public park property.
3. The developer shall hold the City harmless from any maintenance
responsibility or liability for the private street which contains a
public access easement.
A copy of the Final Plat showing the location of the proposed parking spaces
to be located on public property is attached for your review.
Y
2
ALTERNATIVES:
1. The City Council can approve the Final Plat of Clear Creek II Addition as
proposed and direct the Mayor to sign the Resolution approving the Final
Plat only after the easement agreement has been signed by the developer
and the Mayor. This agreement should contain the conditions that:
a. The developer is responsible for construction and maintenance of the
six parking spaces located on public property. These spaces must be
hard-surfaced and equal to the construction standards of the other
parking spaces on the project site.
b. The developer shall hold the City harmless from any maintenance
responsibility or liability for the parking spaces to be located on
public property.
C. The developer shall hold the City harmless from any maintenance
responsibility or liability for the private street which contains the
public access easement.
2. The City Council can deny the approval of the Final Plat for Clear Creek
II Addition.
MANAGER'S RECOMMENDED ACTION:
It is recommended b the City Manager y ythat the City Council adopt Alternative
#1. This will _constitute action to approve the plat within the 60 day time
frame. Further, it will enable the developer and the City staff to finalize
the easement agreement as part of this plat approval process.
COUNCIL ACTION: