Ordinance 1566-89 - Laserfiche WebLink

L r)1.00is TO: Mary Cunningham, Planning / , LI� �J C 11 FROM: Bob Cooper, Parks and Recreation Directo i►•� ; -S DATE: September 8, 1988 'rP ' , Itz.16'd �yi 1 � lzJl�� SUBJECT: BURLINGTON NORTHERN AGREEMENTS CITY _ ;Z Planning L)cpt.- --- As you will recall, the issue of access to the land-locked parcel near Meridian Aggregate was initiated by the Planning Department. We agreed during review of the rezone request that access would be desirable by the Parks Department. However, development of this parcel has never been identified as a priority by the department. Your staff report to the City Council asked that rezone be conditioned upon Meridian Aggregate and Burlington Northern negotiating a pedestrian and maintenance access to the City's parcel. City Council then asked that this easement be negotiated and secured before the rezone would be granted to Meridian Aggregate. You are now asking for the Parks Departments position on this issue. First of all, you have indicated that Burlington Northern and Meridian Aggregates are totally separate entities and that Burlington Northern does not wish to negotiate on behalf of Meridian Aggregate. This was not our understanding when we were first approached with this project. Secondly, you have also indicated that the Legal Department has some questions as to whether the access issue is closely tied enough to the zoning requirement. I think you need to resolve the legal question with the Legal Department. Burlington Northern has indicated to you that they are not willing to provide a permanent overhead pedestrian easement or a permanent easement for surface level maintenance access. They have indicated, however, that we can go through their normal permit process to gain a pedestrian overhead permit access. Again, the development of this parcel is not anticipated in the near future and is not a priority in the Parks Department Comprehensive Plan. However, if the City Council still feels strongly about this issue, we would be willing to go through Burlington Northern's normal permit process to gain an overhead pedestrian access, as well as permanent vehicle access, to the parcel. Burlington Northern and Meridian Aggregate's refusal to provide any kind of permanent easement or access for surface level maintenance vehicles, however, causes me a great deal of concern. If we are unable to gain access to the property for maintenance vehicles, we will not have a way to economically maintain the site, and therefore it has no value to us for development. Vehicle access that can be terminated or cancelled at any time by Burlington Northern revoking their permits is unacceptable to us. It makes no sense for us to develop the parcel or to go through a permit process with Burlington Northern for an overhead pedestrian access, only to have the vehicle access denied for maintenance. We would be better off to leave the land as is, land-locked and undeveloped. I hope this clarifies our position as it relates to the Meridian rezone request. 1315A:cc �-�4