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HomeMy WebLinkAbout03 12 2002 Special CM51 COUNCIL MEETiNG MINUTES March 12th, 2002 Minutes of a Special Meeting held at the Chubbuck City Council Chambers, March 12th, 2002. Present: Mayor John O. Cotant, Council members Leroy S. Quick, Steven M. England, Marvin C. Gunter, B. Kent Kearns, Attorney Thomas J. Holmes, Public Works Director Steven M. Smart and City Clerk Ron C. Conlin. Meeting was called to order at 5:35 p.m. by Mayor Cotant. PURPOSE OF SPECIAL MEETING is to conduct a study session to consider Darris Ellis, Park Meadows Subdivision street requirements and Mike Bird, Victorian Village Subdivision sidewalk and park dedication requirements. PARK MEADOW SUBDWISION - DARRIS ELLIS, ELLIS CONSTRUCTION - PWD Smart gave Council a staffreport stating the developer proposed a bulb at the outside of this intersection to open up the frontage and allow an additional lot. City Staff required a 55-foot radius on the fight-of-way on this bulb, which is the same radius required by a cul-de-sac. Discussion about size of cul-de-sacks in the Park Meadows Subdivision. The cul-de-sac is required to be 55-foot radius. PWD Smart stated W. Chubbuck Road has long been designated as a principal arterial. The City's present ordinances require 80 feet of right-of-way for such a road. It has been the policy of the City to require developments to dedicate the needed fight-of-way and construct the street improvements over to that edge of right-of-way. PWD Smart stated the Mr. Ellis proposes to dedicate the 40' of right-of-way, but desires to have the street improvements waived. They propose to allow the homeowner to fence the dedicated fight-of-way into the homeowner's yard, until such time that the City makes claim on the fight-of-way to improve it. City Staff sees at least a couple problems related to the proposal. Homeowners tend to gradually claim ownership of such strips, making it difficult in the future for the City to gain access to the dedicated fight-of-way. The City would be required to expend the money to make the widening improvements in the right- of-way, and we would also have the extra burden of removing and replacing fences and landscaping in order to satisfy adjacent property owners. The second problem as Staff sees it is that this occupation of right-of-way could possibly constitute "possession" under the law and allow title to revert back to the adjoining property owner. Councilman Keams stated the City should require 80' fight-of-way and require no building or development on the portion of dedication that is the street. Councilman Keams stated the City develops standards for a reason, the lack of standards is why we have problems with grid now in the City of Chubbuck. 53 COUNCIL MEETING MINUTES - (cont.) March 12th, 2002 PARK MEADOWS SUBDWISION - (cont.) Councilman Kearns expressed concern that by not following road standards consistently the Council is having to negociate road standards with every developer that comes in. Councilman Keams spoke in favor of deceleration lanes. Attorney Holmes suggested Mr. Ellis prepare a design proposal showing a deceleration lane. Councilman England stated he does not have a problem with seeing a proposal showing a berm, engineered with the least amount of maintenance. Attorney Holmes asked Mr. Ellis to show any berm or deceleration lane on his master plan and present it to Staff. Mr. Ellis said he will present a master site plan showing a deceleration lane and/or berm in the proposed design. Discussion about a sewer line easement from Kasiska Subdivision, City's feeling is we do not want the sewer line easement in anyone's back yard. Mayor Cotant suggested the master plan show a sewer line along the street to West Chubbuck Road. Discussion about Galena road right-of-way being 60' street right-of-way rather than the 66' required. The Galena road tight-of-way requirement will stay at 66' as approved. VICTORIAN VILLAGE SUBDWISION - WHITAKER ROAD SIDEWALK - The first phase of Victorian Village Subdivision was approved by the City Council May 13th, 1997. It was approved requiting an asphalt edge strip, swale and sidewalk on Whitaker Road. Mike Bird's engineer, who was most likely at the meeting, neglected to add this detail to his design drawings. The City Staff also neglected to be sure that it was added to the design drawings. On researching the issue, about a year ago, PWD smart discovered the minute entry requiting this construction on Whitaker Road and subsequently sent Bird a letter reminding him of the requirement. Mike Bird's primary argument against doing this is that he was never informed of the requirement, until he received the letter from PWD Smart. Mike Bird, American Heritage passed copies of a proposed site plan of Victorian Village Subdivision to Mayor Cotant and Council showing where he proposes to build the park requirement. Discussion about where the runoff storm water will accumulate. 55 COUNCIL MEETING MINUTES - (cont.) March 12th, 2002 VICTORIAN VILLAGE SUBDIVISION - SIDEWALK REQUIREMENT ON WHITAKER ROAD - (cont.) Mr. Bird stated he felt City Staff made a mistake by not advising him he was required to install sidewalk on Whitaker Road until one year ago. Mr. Bird asked for a waiver of the sidewalk requirement on Whitaker Road. Discussion about how much a sidewalk would be used on Whitaker Road, no one else on Whitaker Road has sidewalks. Mike Bird said if he is required to install sidewalk and swale on Whitaker Road he will have to install the park as presented on the original plat rather than the proposed park, more to the middle of the subdivision. After considerable discussion, Council required Mike Bird go through Land Use and Development Commission and Council with a request for waiver of sidewalk and swale on Whitaker Road. At 7:28 p.m., Councilman England moved, Councilman Gunter seconded, with full council to adjourn meeting. Ron C. Conlin, City Clerk ~/J~hn O. Ctotant, l(/la3~or CALL OF SPECIAL MEETING CITY OF CHUBBUCK Pursuant to Idaho Code Section 50-604, the undersigned Mayor of the City of Chubbuck, Idaho, hereby calls a special meeting of the City Council to be held at the Chubbuck Municipal Building, at the hour of 5:30 p.m, on Tuesday, the 12th day of March, 2002. The purpose of the Special Meeting shall be to conduct a study session to discuss; 1) Darris Ellis's concern about requirements at Park Meadows Planned Unit Development, (PUD) Final Plat.. 2) Heritage West, Mike Birds's park, swale and sidewalk requirement on Whitaker Road in Victorian Village Subdivision. ,/? ,,," Date: NOTICE OF SPECIAL MEETING TO: MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO Pursuant to the call set forth above, notice is hereby given of a special meeting of the Chubbuck City Council at the time and place, and for the object, recited ' the call. Ron C. Conlin, City Clerk ACKNOWLEDGMENT OF NOTICE The undersigned, Mayor and members of the Chubbuck City Council hereby acknowledge receipt of notice of the special meeting as set forth above. Leroy S. q~uick, Co~cil member ~eent Ke~-ns, Council member St~en M. Englandi-Counci-~ember Mar~C. Gunter, Coun~l member Mern To: From: Subject: Mayor Cotant, City Council Steven M. Smart /~/~/.~e_ Special Council Meeting to Consider Victorian Village (Whitaker Road) and Park Meadows Design Considerations Date: March 8, 2002 VICTORIAN VILLAGE SUBDIVISION Whitaker Road Sidewalk: The first phase of Victorian Village Subdivision was approved by the City Council on May 13, 1997. It was approved requiting an asphalt edge strip, swale and sidewalk on Whitaker Road. Mike Bird's engineer, who was most likely at the meeting, neglected to add this detail to his design drawings. The City staff also neglected to be sure that it was added to the design drawings. On researching the issue, about a year ago, I discovered the minute entry requiting this construction on Whitaker Road and subsequently sent Bird a letter reminding him of the requirement. Bird's primary argument against doing this is that he was never informed of the requirement, until he received the letter from me. PARK MEADOWS SUBDIVISION West Chubbuck Road Right-of-Way and Improvements: West Chubbuck Road has long been designated as a principal arterial. Our present ordinances require 80 feet of right-of-way for such a road. In reality, it should be more like 100 feet of right- of-way. The City commissioned Bannock Planning Organization to do a rough traffic analysis in conjunction with Park Meadows, which indeed verified the principal arterial classification for Chubbuck Road. It has been the policy, since I began working at the City twenty-four years ago, to require developments to dedicate the needed right-of-way and construct the street improvements over to that edge of right-of-way. Had not the City required the developers to make these improvements, the City would be left to construct them at City expense in the future. This developer proposes to dedicate the 40 feet of right-of-way, but desires to have the street improvements waived. They propose to allow the homeowner to fence the dedicated right-of-way into the homeowner's yard, until such time that the City makes claim on the right-of-way to improve it. City staff sees at least a couple problems related to this proposal. Homeowners tend to gradually claim ownership of such strips, making it difficult in the future for the City to gain access to the dedicated right-of-way. Of course under this proposal, the City would be required to expend the money to make the widening improvements in the fight-of-way, and we would also have the extra burden of removing and replacing fences and landscaping in order to satisfy adjacent property owners. The second problem that we see is that this occupation of the fight-of- way could possibly constitute "possession" under the law and allow title to revert back to the adjoining property owner. That question would need to be answered by Tom. Pavement Section of Galena Street vs. Alpine Street in Kasiska Subdivision: The developer has complained that the City is requiring Galena, as a collector street, to have a deeper pavement section than was required of Alpine in Kasiska Subdivision. The thinner pavement section of Alpine Street is an oversight on the part of the City staff. We are in the process of informing the developer of Kasiska Subdivision that we will require Alpine's pavement section to be constructed to the collector requirements, as well. Intersection of Home Run and Margaret Streets: The developer proposed a bulb at the outside of this intersection to open up the frontage and allow an additional lot. The City staff required a 55-foot radius on the right-of-way on this bulb, which is the same radius required by a cul-de-sac. The staff required this radius, because as we analyzed the situation, we have the same need to turn large trucks such as snow plows, garbage haulers, and fire tracks through this intersection bulb as we do in a cul-de-sac. Remember that the radius is designated on the fight-of-way and, considering the sidewalk and swale, the actual pavement will be considerably smaller, which can lead to greater difficulty in turning these large vehicles. Our goal is to allow those large vehicles to turn without the need of backing, which can create a tremendous liability exposure to the City. If you have any questions regarding our requirements, please feel free to contact me. Thank you.