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Home My WebLink About11 08 1994 CMCOUNCIL MEETING MINUTES November 8, 1994 241 Minutes of regular meeting held at city municipal building, November 8, 1994. Present: Mayor John O. Cotant, Council members Leroy S. Quick, Steven M. England, Marvin C. Gunter, W. Dean Wood, Attorney Thomas J. Holmes, Public Works Director Steven M. Smart and City Clerk Ron C. Conlin. Meeting was called to order at 7:30 p.m. by Mayor John O. Cotant. APPROVAL OF MINUTES - Mayor John O. Cotant asked for corrections or additions to Regular Meeting Minutes of October 25, 1994. Councilman Wood moved to approve Regular Meeting Minutes October 25, 1994 as r'ead. Councilman Quick seconded. All council members voted in favor of motion. of ORDINANCE #430 - An ordinance amending Chapter 18.14 to define shrub size, require sprinkler systems and require shrubs every five feet. Mayor Cotant read Ordinance #430 by title for the third and final reading. Councilman Gunter moved to adopt Ordinance #430 as read. Councilman England seconded. Roll Call Vote: Quick, yes; England, yes; Wood, yes; Gunter, yes. ORDINANCE #431 - An ordinance enacting Chapter 10.24 truck routes; defining those streets namely, Yellowstone Ave. and Siphon Rd. within the City upon which trucks may travel. Mayor Cotant read Ordinance #431 for the third and final reading. Mayor Cotant suggested the City contact concrete companies, etc. we know of, advising them of the ordinance. Signs need to be installed. Discretion needs to be used before citations are issued. Councilman Wood expressed concern about enforcing the ordinance. Councilman Wood moved to adopt Ordinance #431 as read. Councilman Gunter seconded. Roll Call Vote: Quick, yes; England, yes; Wood, yes; Gunter, yes. 243 PUBLIC HEARING - BRIARWOOD ESTATES PRELIMINARY PLAT - An application by Briarwood Associates, P.O. Box 36, Alamo, CA for a review of a preliminary plat of Briarwood Estates, 460~ Hiline Rd., Chubbuck, Idaho. Mayor Cotant declared the public hearing open. PWD Smart stated Briarwood Estates is having trouble marketing the lots on the prior Briarwood Estates Plat. Briarwood Associates are applying to the City to vacate prior plat and presenting a modified plat. the PWD Smart stated Briarwood Estates would like to change the common area required on the previous plat to easements, so the individual lots will have title to all the property. PWD Smart expressed concern about having someone other than the City maintaining the public utilities, but on the other hand its a concern of accessing them. PWD Smart stated Block 7, and the area to the east will address the common area required, but the LU&D Commission decided to let the developer decide. Ran Johnson, Briarwood Associates passed to Mayor Cotant and Council, photos of what the project is to look like. Ron Johnson explained some of the problems the original plat presented. Mr. Johnson said one problem is the common area that goes to within three feet of a home, they would like to eliminate the common area, Mr. Johnson said they would like to enlarge the size of the lots. Mr. Johnson said they would like to establish a firm front yard setback. Discussion about access to easements. Mr. Johnson stated the LU&D Commission wanted the Homeowner's Association to assume the liability of maintaining the utility. Mr. Johnson explained why this is not possible. Mr. Johnson felt the City should assume maintenance of the utilities. Mr. Johnson asked the Council to approve the 1) Larger lot size. 2) Eliminate the existing common area, and use as private yard space with the understanding the easement would be accessible for maintenance. 3) Provide a minimum of 10' setback for garage only. 4) Briarwood be allowed to pay the park dedication fee in lieu of the common area. Mr. Johnson said the residents have request Catapula Street be changed to Holly St. 245 BRIARWOOD ESTATES PRELIMINARY PLAT - (cont.) Discussion about being able to flush sewer lines at each end. Mayor Cotant expressed concern about City having the responsibility of restoration of an easement if damaged while maintaining utility lines. Mr. Johnson suggested the Home Owner's Association collect monies for such a problem. PWD Smart stated vegetation in any easement will have to be kept to a minimum. Mr. Johnson said the Home Owner's Association can be responsible for keeping vegetation to a minimum. Mr. Johnson agreed to installing remote water meters, at Briarwood Associates expense. PWD Smart said Block 7, and property to east on Hiline Rd. will satisfy the common area requirement. Mr. Johnson was not in favor of satisfying the park requirement by taking lots from middle of the development. Residents did not have a problem with the common area requirement being satisfied by using Block 7, as park requirement. Council was inagreement the Home Owner's Association maintain the common area, if not, the City will maintain, then bill the Home Owner's Association. Mr. Johnson stated Hiline Rd. will be curbed, gutter and sidewalk by Briarwood Associates. Larry Gllbreath, Briarwood Estates resident stated he does not like the common area as is, because anyone can walk within 3 feet of his home, and he cannot say anything because the common area an open area. Mr. Gllbreath ls in favor of the ten foot easement change. Mr. Gilbreath stated, because of chlldren playing in the park area, it is important the park area is fenced. Mr. Gilbreath stated he is in favor of the street name changes. Mayor Cotant declared the public hearing closed. 247 BRIARWOOD ESTATES PRELIMINARY PLAT - (cont.) Councilman England moved to accept the recommendations of the Land Use and Development Commission to modify the Final Development Plan of Briarwood Estate Preliminary Plat sub3ect to the following conditions: 1) Block 7, and east area on Hillne Rd. meets the park area requirement. 2) Six foot chain link fence required around the west, north and south park area, (Block 7). 3) Curb, gutter and sidewalk required along full length of property on Hiline Road. 4) All easements are to be accessible, including the side easements, also constructing fences in such a way they are accesslble~ (removable sections, etc.). 5) Requirement of remote water meters. 6) Minimum of 10' front setbacks. 7) City is not liable for damage, repairs occurring on utility easements. Councilman Gunter seconded. All council members voted in favor of motion. PETITION TO VACATE BRIARWOOD ESTATES EXISTING PLAT - A petition by Briarwood Associates, Alamo, California to vacate the existing plat, upon approval of revised plat. Property is located at 4600 Hiline Rd. Mayor Cotant declared the public hearing open, there being no comment, Mayor Cotant declared the public hearing closed. PWD Smart suggested Mr. Johnson draw the new plat, then get it recorded. Councilman England moved to vacate the existing Briarwood Estates Plat, upon approval of the Briarwood Estates Final Plat. Councilman Wood seconded. All council members voted in favor of motion. GENERAL DISCUSSION - 1. Robert Nelson, 1031 Concord expressed concern about his tax bill this year. Mr. Nelson stated he has an increase of over $400.00 this year. Mayor Cotant suggested Mr. Nelson contact Shelley Shannon, Bannock County Treasurer for a breakdown on the taxes, because $40~.~ seems too much of an increase. Mr. Nelson was told, if he has a concern after that to contact City Clerk Conlin. 1993-94 CITY STREET FINANCE REPORT City Clerk Conlin presented the 1993-94 City Street Finance Report of dedicated funds to be presented to the State Auditor as required by Idaho Code, Section 40-708. Councilman England move to approve the 1993-94 City Street Finance Report as presented. Councilman Wood seconded. All council members voted in favor of motion. 249 CLAIMS - Computer p~lnt-out claims presented to Mayor Cotant and Council. Councilman Wood moved to approve computer print-out claims as presented. Councilman England seconded. All council members voted in favor of motion. FINANCIAL REPORT for month of October, 1994 presented to Mayor Cotant and Council. At 9:00 p.m., Councilman England moved, Councilman Wood seconded, with full council approval to adjourn meeting. Ron C. Conlin, City Clerk John O. Cotant, Mayor