Loading...
HomeMy WebLinkAbout1997-10-01city council minutesBook 38 SPECIAL MEETING OCTOBER 1, 1997 12:00 NOON The Meeting was called to order by the Acting Mayor, Chuck Houchins. Page 271 The Acting Mayor requested that everyone stand for the Pledge of Allegiance to the Flag. The Roll of the City Council was called with the following members present: Houchins, Evans, Earl, Busch, Langan, and Wells. Absent: none. (DISCUSSION REGARDING PEDESTRIAN PATHWAY ALONG THE WEST BOUNDARY OF SOUTH PALRANG) Acting Mayor Houchins explained that the Special Meeting was called for the purpose of discussing the pedestrian pathway along the west boundary of South Palrang. A memorandum was prepared for the Members of the City Council by the City Engineer, Gordon Law, which was as follows: In the Council Meeting of September 2, 1997, Council considered approval of a final plat for South Palrang Subdivision. Included in the approval was a requirement that South Pahang provide a 10 foot wide asphalt pathway along the westerly edge of the subdivision. The Engineering and Development Services staffs were directed to prepare the basic standards for the pathway as well as devise a way to include other subdivisions in the pathway network. Subsequent to the Council Meeting, the Engineer of record for South Pahang, forwarded a letter to the Engineering Department containing their recommendations for the pathway. A copy of the letter is attached. The Engineering and Development Services Department used the Engineer's letter and the requirements for a similar pathway in Jefferson Park IV to prepare a list of recommendations for the South Palrang path. A copy of a letter containing the City's recommendations is attached. The Engineering Department also met with the Engineer of record for West Valley Estates Subdivisions to include them in the pathway system. West Valley's recommendations suggested the possibility that a pathway in both South Palrang and West Valley may not be necessary. In addition, the developer of South Palrang objected to the width of the pathway common lot recommended in the letter from the City. The Development Services Director and City Engineer met with Council President, Chuck Houchins and Councilperson Rita Earl to incorporate the new information into a reasonable pathway requirement on these subdivisions. In the meeting, it was concluded by all parties to recommend the following: I. Locate the pathway in West Valley Estates No. II rather than in South Palrang; 2. Require the developer of South Palrang to participate in the cost of the pathway by providing sufficient funds to cover 5 feet width of paved pathway; and 3. Require that all recommendations be returned to Council for consideration and approval since there are substantial differences from the original Council requirements. Book 38 As Council considers the issues in this pathway, it might be helpful to address the following questions: 1. Should the pathway be located in South Palrang Subdivision or West Valley Subdivision or both? 2. What width of the pathway should be provided? What width of easement or common lot should be established? 3. Should South Palrang Subdivision share in the cost of a pathway in West Valley Estates? At what ratio should South Pahang participate in the cost? 4. Who should operate and maintain the pathway? 5. Should the developer construct now or may the construction be deferred to a later time with the cost of construction deposited with the City? 6. Are there other amenities that belong with this pathway? Fence, bollards, etc? In the letter from the South Palrang Engineer of record, an issue was raised concerning the right of access by farmers and irrigation districts to the west edge of South Palrang Subdivision. This was an issue not raised during any earlier discussions or previous hearings. It was the feeling of Councilpersons Houchins and Earl, as well as staff, that this is a significant issue. It was the recommendation of Councilpersons Houchins and Earl that the developer have prepared by September 29, 1997, written documentation demonstrating that access for farmers and the irrigation districts was not an issue or, if it was an issue, the means of addressing it. Councilperson Houchins also felt the City Attorney should have a chance to review the developer's documentation on the matter. In acting on these issues, the staff requests that Council address them in a way that staff can apply Council requirements uniformly to all developers. Mr. Law pointed out to the Members of the City Council that there were three parts to this memo. There were several letters included in their packet including Pinnacle Engineering representing Anderson and Pugh and also a response letter from the City of Caldwell Engineering Department making some recommendations earlier in this process regarding the pathway required of South Palrang Subdivision on September 2 ° Subsequent to that approval, the City Engineering Department and the Community Development Department were given instructions to work out the details. There was a meeting held between myself, Linda .lames, Council President Houchins, and Councilperson Marl to try to determine how to proceed. There were three recommendations out of that meeting which were contained in the memo to Council which were: I . Locate the pathway in West Valley Estates No. II rather than in South Palrang; 2. Require the developer of South Palrang to participate in the cost of the pathway by providing sufficient funds to cover 5 feet width of paved pathway; and 3. Require that all recommendations be returned to Council for consideration and approval since there were substantial differences from the original Council requirements. Page 272 The City Engineer continued stating that in order to keep the discussion organized, he requested in the memo that they consider the issues in an organized fashion. There were six points that he asked to be addressed and resolved that might provide some uniform guidance in dealing with everyone else. One question not included was whether the criteria should be applied outside of that northwest quarter of section 1; in other words, be applied to other subdivisions. Mr. Law pointed out that John Carpenter, Pinnacle Engineers, Inc., was present representing Anderson and Pugh. There was also supposed to be a representative from West Valley Estates, but he had not arrived as yet. Since there was some urgency to this issue, he would like to see this finished up at this time. Book 38 Page 273 The Members of the City Council discussed this matter at some length. They reviewed the seven issues presented to them by the City Engineer. During the course of the discussion, Matt Munger from Hubble Engineers representing West Valley Estates arrived and took part in the discussion along with Mr. Carpenter. The Acting Mayor requested that the City Council consider making a decision on this matter. Councilwoman Earl stated that she would present Findings with regard to this issue. They were as follows: • The developer of West Valley Estates has agreed to allow the pathway that we have been speaking about to become a part of common a lot, Lot 23, Block 3 of West Valley Estates No. 11; • South Palrang was willing to share in the cost of the development of this pathway; • It was found that a six foot pathway was appropriate with two feet on each side totaling ten feet; • The meeting was advertised as required. Councilwoman Earl's Conclusion was that the meeting was conducted in a proper manner and met all requirements. Councilman Evans added the following fact: • The Homeowner's Association has agreed to have the responsibility of maintenance. Councilwoman Earl stated that she believed this fact was a legal question and something the City Attorney should address. As far as we know the developer believes that this was going to be free access, but we need him to review this to make sure. Mr. Law commented that Council should remember that they were studying conditions for Palrang and not for West Valley even though part of the discussion involves them. We do know that Palrang does not have operation and maintenance responsibility for something located off their site. MOVED by Earl, SECONDED by Evans that the pathway required of South Palrang at our September 2, 1997, City Council Meeting, will now fall within Lot 23, Block 3, West Valley Estates, No. II, that the developer of South Palrang Subdivision share the cost of the construction of that pathway at a rate of fifty percent, that it would be a ten foot easement with a six foot paved pathway and whether it was asphalt or concrete was between the developer and the City Engineer. Councilman Langan questioned whether they were clear regarding the legal aspect. Councilwoman Earl stated that she would amend her motion to add that the City Attorney still look at the issue of access that was brought up in letters from Mr. Carpenter to be sure that the City does not have any potential problems with access. Mrs. Carpenter asked that Mr. Law ask for an opinion from the Attorney. Roll call vote. Those voting yes: Earl, Busch, Langan, Wells, Houchins, and Evans. Those voting no: none. Absent and not voting: none. MOTION CARRIED Councilwoman Earl commented that Mr. Law also asked if the conclusion in this instance should be applied everywhere or just in this particular locality. In her opinion, she believed that pathways need to be addressed for interconnecting Book 38 neighborhood in a logical manner. She would like to see it addressed. by the Engineering and Community Development Departments and have it go through the natural course of public hearing, have the ordinance amended, so solutions could logically be determined throughout the City as we continue to develop. The Acting Mayor agreed with her suggestion. MOVED by Langan, SECONDED by Evans that since there was no farther business, the meeting be adjourned at 1:05 p.m. APPROVED AS wri r_er THIS f,th DAY OF 1997. ATTEST: Mayor CV e� �� Councilperson Councilperson Page 274 City Clerk