03-13-89 Parks Comm MinutesiPARKS/PUBLIC LANDS/ANNEXATION/BUILDING REGULATION COMMITTEE MEETING
March 13, 1989 4:00 P.M.
Present at the meeting were Councilmen Furlong (Chairman), Atkinson, Nystul; Mayor
Kennedy, City .Attorney Neier, Fire Chief Ted Waggener, Surveyor Zavodny, Parks
Director Baker, David Greer, Mike Fraser, and Keith Wilson.
HERITAGE PLACE
Chairman Furlong opened the meeting and turned it over to David Greer. Greer
stated the signed documents had arrived at 1:00 today so FRDO did prepare a
report, going through all the conditions and explaining how they were met, and
recommended that the final plat of Heritage Place be approved for filing upon
acceptance by the City of the Utility Extension Agreement, Utility Easement, and
Road Easement Agreement. The other documents that were obtained are the title
report, health department approval, and tax statements. City Attorney Neier stated
he had reviewed all the documents with Greer, everything is appropriate and every-
thing required has been considered. Fire Chief Waggener said he was satisfied
that the fire conditions have been met. Mike Fraser stated that in the letter
from Lantis to the Mayor there is a guarantee that requirements of the Uniform
Fire Code would be fully addressed prior to the issuance of the building permit.
Surveyor Zavodny said he had a concern regarding specific wording on the easements
on the plat. Fraser said it was his understanding that it is part of the dedication
that it would be a non-exclusive use for utilities, but not roadway. There was
• further discussion of the easements on the plat. David Greer said in the past
there has been attached a note stating what the purpose of this utility is and
perhaps this could be done here.
City Attorney Neier said this wasn't intended to be a dedication, it was just a
regular easement to keep people from building there. He said we were concerned
with the roadway easement because that's not really on the plat and that's why we
requested Developers Diversified give us a separate easement for that utility
easement. C. Nystul asked what if the City wanted to use the east 20' easement
for a sanitary sewer easement or water line? Neier said we would have to get the
right of entry.
Surveyor Zavodny said that Condition #5 of Resolution #3836 states that utility
easements be shown along the perimeter lot line. He said that was complied with
but it is extremely vague as to who can use the easement, what are the utilities
that can use it? He said the owner should issue right of entry, but what utilities
will they accept, are they going to be up for neogtiation at the time the utility
intends to use it?
Keith Wilson said there is an easement already available on the east side of
Lantis' property for utility purposes and will exist when the plat is filed. He
said they couldn't deny a right of entry, but he wants to be sure the City (1)
doesn't put overhead surface structures in, and (2) puts it back like they found
it.
•After further discussion Zavodny said we should let it rest and get the plat
filed.
• Doug Johns stated he was reasonably satisfied with where we are at and felt that
we have reached a starting point, but we still have a lot of work to do.
There was futher discussion regarding internal traffic and future development.
Keith Wilson said the 30' easement on the west end of their property was in good
faith to provide traffic flow in and around that area and it never occurred to
them that it needed to be deeded to the City.
MOTION: C. Nystul moved the committee recommend that the Council in a special
session this evening accept the final plat and authorize the Mayor to sign the
agreements. C. Atkinson seconded. Upon a vote the motion passed unanimously with
C. Atkinson abstaining because of conflict of. interest. C. Gunnerson was absent.
MOTION: C. Nystul proposed the Public Works Committee make an assessment of
Windward Way right of way, easements, etc. and advise this committee in 30 days of
their assessment. C. Atkinson seconded. Upon a vote the motion passed unanimously.
C. Furlong stated there is a meeting called for March 16 at 4:00 P.M. to discuss
the Extension Services Plan.
C. Atkinson said he would be in Libby that day and would be unable to attend.
Meeting adjourned at 4:52 P.M.
Shirley Hughes, Recording Secretary
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