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HomeMy WebLinkAbout03 09 1993 CM39 COUNCIL MEETING MINUTES March 9, 1993 Minutes of a regular meeting held at the city municipal building, March 9, 1993. Present: Mayor John O. Cotant, Council members Steven M. England, David A. Landor, W. Dean Wood, Attorney Thomas J. Holmes, Public Works Director Steven M. Smart and City Clerk Ron C. Conlin. Councilman Leroy S. Quick was excused. Meeting called to order at 7:31 p.m. by Mayor Cotant. APPROVAL OF MINUTES Mayor Cotant asked for corrections or additions to Regular Meeting Minutes of February 26, 1993. Councilman Wood moved to approve Regular Meeting Minutes of February 26, 1993 as read. Councilman England seconded. All council members voted in favor of motion. PUBLIC HEARING - An application by Ron Johnson, P.O. Box 36, Alamo, CA. for a preliminary development plan with its accompanying preliminary plat for Briarwood Subdivision Planned Unit Development at 4600 Hiline rd. Property is presently zoned Limited Residential, (R-2). Mayor Cotant declared the public hearing open, appeal to the Preliminary Development Plan will at this time. stating any be addressed Ron Johnson, Alamo, CA presented plans for the Planned Unit Development at Briarwood Mobile Home Park. Mr. Johnson said the plan is for 98 units. Mr. Johnson presented plans for a park area, that will be dedicated to the City, if required. Mr. Johnson stated there are 54 residents living in Briarwood at this time, there will be every effort made to cooperate with them, either providing them with a new home, or providing them with the opportunity of upgrading their home, or locating for them to a location they can move their home, along with assistance in the moving of the home. The concerns with these people are the same as they would be anyone, this is their home, and is important to them. If a resident is upgrading their home, they will be offered a 10% discount. The resident will also be offered a way to dispose of their present home. Mr. Johnson stated the following conditions will be required: 1. Front yard 2. Trees 3, Setbacks landscaping 41 PUBLIC HEARING - PUD - BRIARWOOD MOBILE HOME PARK -(cont.) 4. No inoperable vehicles. 5. Pets will not run loose. 6. No garbage cans in front yards. 7. Neighborhood will be maintained. 8. Foundations under homes will be FHA approved. 9. Financing will be FHA approved. 10. Two car parking in driveways. Mr. Johnson stated, having to work with existing streets, sidewalks, water and sewer has caused some what of a problem, but can be worked out. Mr, Johnson said they are having the sewer line TV, then correcting any defects there might be. Water System will be checked, and brought to City Standards. Mr. Johnson said the streets will be cored, and brought to City Standards. Wayne Sheppard, ABI Engineering went to detail on: 1) Sewer lines will be cleaned, then inspected with TV. 2) The real issue with the water system is fire flow. All sewer and water system is not installed at the present time, this is probably a contributing factor why some of the hydrants are not flowing as they should. ABI Engineering is going to collect flow and pressure data, they believe that by eliminating the large meter, going to individual meters and connected to existing system by looping the system should provide adequate fire flow. 3) Installation of storm drains that will improve the present situation. 4) Will core streets, making an analization, any deterioration will be brought to City Standards. Mr. Sheppard stated the developer wants to provide a utility system the City will accept. PWD Smart stated there are speed bumps on the street, they will be required to be removed, Mr. Sheppard said the sewer most likely does not run under trailers, but, TVing the sewer will tell. If the main sewer line runs under trailers, that will make the project cost prohibitive. Gary Brown, 4638 W. Portneuf Rd. spoke in favor of the Planned Unit Development. Randy Spencer, Gate City Realty spoke in favor of the Planned Unit Development concept, Mr, Spencer stated this is the lowest priced housing project available at this time, 43 PUBLIC HEARING - PLANNED UNIT DEVELOPMENT - (cont.) - Gayla Anderson, 12527 Yellowstone Ave. suggested, if streets, sewer and water are turned to the City for maintaining, the City should require streets, sewer and water be brought to City Standards. Mr, Anderson stated, if residents living there are required to move, they should be compensated for moving their trailer, etc. All residents should be treated equal. Kent Kearns, Land Use and Development Commission Chair, 4831 Elizabeth explained the Land Use & Development Commission's discussion about the concerns of the preliminary plan, Mr. Kearns stated the unanimous decision of the LU&D Commission reflected approval of the preliminary plan with concerns about the following: 1. Accepting substandard streets, water and sewer. 2. Relocation Plan for residents - Financing, Grants, Low Interest Loans. Mr. Johnson stated he met with residents of Briarwood Mobile Home Park, and thought he had come to terms with just about every resident in the Park. Mr. Johnson said he is doing everything possible to help residents relocate, or stay in the park. Mr. Johnson stated the mobile home park will be upgraded to City Standards. Kathy Henderson, Manager of Briarwood Mobile Home Park stated, Briarwood Mobile Home Park cannot financially handle itself now, the park has been subsidized by Kathy Henderson, she cannot do it anymore. Kathy Henderson said the park will have to change, one way or the other, the park will either default, or major changes will be made. Mayor Cotant declared the public hearing closed. PWD Smart presented exception notes in LUDC Staff Report: 1. Waterlines to be minimum of 6" diameter. Fire Hydrants need to be connected to minimum 6" lines. There are some 4" diameter lines. Office data not reliable enough to ascertain whether the hydrants are connected to 6" lines. 2. Water pipe material is not know and needs to be established. 3. Hydrants need to be turned to face the street, and also be capable of supplying 1000 gpm @20 psi residual pressure. 4. Water valve locations shall be verified and valve boxes raised to pavement surface. If valving fails to meet standards, additional valves must be installed. PUBLIC HEARING - PLANNED UNIT DEVELOPMENT -(cont,) - 45 5. Sewer lines to be minimum 8" diameter. Condition and grade of sewer lines need to be verified by TV inspection. 6. Street pavement section must be verified, by coring, to substantiate conformity with City Standards. If pavement section is sub-standard it must be brought to City Standards. 7. Drainage swele needs to be provided across park area at west end of property. 8, Drywells need to be provided at approx. 600 lineal feet intervals. 9. No construction will be allowed in easements/common areas, and will be kept free of obstructions to allow repair and or maintenance access. 10. Unused water services will need to be removed and abandoned at the corp stop. 11. Water mains will have to be interconnected to those already existing at Whitaker and Eagle. 12. Evidence suggest that many leaks exist in the present water system. Repairs will have to be mad prior to acceptance by the City. 13. Due to required front and backyard setbacks (20'), class II production buildings will have to be located parallel to the street. 14. Because of the general condition of the subdivision the City may be reluctant to accept ownership of the streets and utilities. As an option to continuing development, the developer may wish to organize an owners association to assure and assign responsibility for maintenance of the streets and or utilities. 15, There has been some question as to the width of the sidewalks in the development, City Standards require 4' wide sidewalks. PWD Smart said City and State requirements require minimum 8" sewer line. Briarwood Park is deficient in this requirement, as it has a 6" sewer line. PWD Smart stated the 6" water line will be able to handle many times the homes connected. PWD Smart stated the fire hydrants do not provide sufficient flow, the requirement is 1000 gallons per minute. PWD Smart said once the water lines are connected to the City System, the 8" meter removed, it will improve the fire flow to what's required, PWD Smart stated the common areas cannot be fenced off, and left open. PWD Smart suggested the 3' sidewalks there now, be left as is, Future sidewalks are required to be 4', City standards. PUBLIC HEARING - PLANNED UNIT DEVELOPMENT - (cont.) - 4-7 Set backs in current ordinance require 20' setbacks, the Briarwood PUD, lots would be 5,400 sq. feet, part of this property would have to include the common area. This is part of the concept of the Planned Unit Development. PWD Smart addressed the remaining concerns in Staff Report. Councilman England moved accept the recommendations of the Land Use & Development Commission approving the Briarwood Planned Unit Development based on conditions outlined in Staff Report, modifying the set back to a 0 line set back to accommodate the common area, whiling denying any appeal of the Land Use & Development Commission decision. Councilman Landon seconded. All council members present voted in favor of motion, CLAIM - KENT AND SUE PARRISH - Mr. Parrish presented a claim stating their rental agent requested water be turned on at 4690 Eagle, the City mistakenly turned on water to adjacent lot, resulting in a plumber being called to thaw out pipes at 4690 Eagle. Mr. Parrish stated a backhoe was called to dig up the line, after working on this project for sometime, the error of turning on the wrong address was discovered. A bill from Anchor Plumbing for $80.00 was presented with the claim. Councilman Landon moved to direct City Clerk Conlin to sent claim to City Insurance. Councilman Wood seconded. All council members present voted in favor of motion. BUSINESS LICENSE APPLICATION - Homier Distributing Co., Huntington, Indiana has applied for license to sell tools at the Days Inn Chubbuck in April. ' City Clerk Conlin stated they have been doing this every April, for the past four years. Police Department checked, and approved the business license application. Councilman Landon moved to grant a license to Homier Distributing Co. to sell tools at Days Inn, Chubbuck in April. Councilman England seconded. All council members present voted in favor of motion. CLAIM LANCE LEWIS DAMAGE VEHICLE - Lance Lewis, 1417 Eastridge Dr., Pocatello presented a claim to the City Council stating he hit a large deep pothole near right wheel track on north- bound right lane. It was too dark to see it as I passed through on a green light at the intersection. CLAIM - LANCE LEWIS -(cont.) - 49 The impact bent the right front wheel and the tire went flat. He left the car at Denny'e, when he went back later with his dad, to get the car, a barricade had been placed over the pot hole. The estimate to repair the vehicle is $91.09. PWD Smart stated the barricade was not the City of Chubbuck's, Councilman England moved to deny the claim, directing City Clerk Conlin to send the claim to State Highway Department. Councilman Wood seconded. All council members present voted in favor of motion. CLAIM Gary Moon, 4727 Yellowstone Ave caught his finger in a double hung door at the Fire Station. Mr. Moon went to Emergency Room to have checked. No broken bones and okay. City Clerk Conlin was directed to find out if this was a work related accident, if so the claim will go to State Insurance Fund. CLAIMS - Computer print-out claims presented to Mayor Cotant and Council. Councilman England moved to approve computer print-out claims as read. Councilman Wood seconded. All council members voted in favor of motion. ORDINANCE ¢395 - An ordinance annexing certain lands to be included within the boundaries and jurisdictional limits of the City of Chubbuck; specifying the zoning classification which shall be applied to said lands newly annexed to the City of Chubbuck; directing the Chubbuck City Clerk to comply with the filing requirements contained in Idaho Code Section 63-2215. Attorney Holmes read Ordinance ¢395 in full for the first reading. Councilman England moved to dispense with rule of reading Ordinance ~395 on three separate days. Councilman Landon seconded. Roll Call Vote: Quick, absent; England, yes; Landon, yes; Wood, yes. Councilman Landon moved to adopt Ordinance ¢395 as read. Councilman Wood seconded. Roll Call Vote: Quick, absent; England, yes; Landon, yes; Wood, yes. 51 FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - HERITAGE NEST NO. 4 - Mayor Cotant and Council reviewed the Findings of Fact, conclusions of law and decision. Councilman England moved to accept the Findings of Fact, and Conclusion of Law and Decision as presented. Councilman Landon seconded. All council members present voted in favor of motion. ORDINANCE - GLASS BEVERAGE CONTAINERS - An ordinance adding Chapter 8.38 to the Chubbuck Municipal Code to define and designate City Parks and to ban glass beverage containers from said parks. Councilman England suggested installing signs in the parks suggesting glass beverage containers be properly disposed of. After discussion, the Council decided to table the Glass Beverage Container Ordinance. GENERAL DISCUSSION 1. Councilman Wood stated there are several meetings being conducted on the 1993 Chubbuck Days Celebration. At 9:00 p.m., Councilman England moved, Councilman Landon seconded, with full council approval to adjourn meeting. Ron c. Conlin, City Clerk