06-12-86 Public Works Comm MinutesA,
June 12, 1986 PUBLIC WORKS COMMITTEE 2:30 P.M.
Chairman Ruiz and Councilman Schindler in attendance. Mayor Kennedy,
DPW Hammer, Building Official Jackson, Dr. Steve Johnson, Gary Christiansen,
Robert Sonntag, Cleo Barrie, Peter Larson, L. Eslick, Alroy and ARlene Barry,
George and Dorothy Darrow, and Donald Smith also present.
STEVE JOHNSON SITE PLAN - C. Ruiz asked DPW Hammer about legal aspects,
but he had had no word from Attorney Neier as yet. Surveyor Zavodny is still
checking street legals. Building Official Jackson reported on Building Department
and zoning coverage. C. Ruiz asked for the bottom line on what control the
Council has in this situation and DPW Hammer responded that using past experience
and practice the Council cannot deny access to the property, but can deny this
particular access if another access exists. The problem is that Dr. Johnson
has the right to develop his property, but in doing that he has opened up
access that allows commercial traffic from Sunset Plaza businesses to use an
undeveloped residential street. The problem is further complicated by the
fact that 12' of the "street" appears to have not been recorded and so may
belong to Dr. Johnson. The other 8' of the 20' was deeded by Mr. Larson.
The residents of the area stated that they were not opposed to Dr, Johnson
developing his lots, but were opposed to all the traffic from the other businesses
using the "street" and alley for exit. Their reasons included unsafe conditions
for children in the area, street not wide enough for two-way traffic, dust
problems, lack of privacy, and commercial traffic in a residential area.
Dr. Johnson's position is that he wants to avoid accidents and help the
problem of inaccessability from Highway 93 (because of the median). He suggested
that all work together to get the median opened up. He felt he would still
want access both ways, but with the median open he felt it would solve 70%
of the excess traffic problem. Gary Christiansen, Dr. Johnson's attorney,
said that the 12' of street not recorded would hold up by presecriptive right.
Dr. Johnson stated he just wanted to work with the residents and find an equitable
solution.
Several possible solutions were suggested: Change the route of exit to
slow up the traffic, close off all traffic until the issue was settled, work
with the Highway Department to get the median opened, use one-way markings
(north through alley, then west, then south down 1st Avenue East) so that traffic
couldn't go around and through alley.
In the end Dr. Johnson asked for a week to think about closing off the
access completely until the matter was settled, the residents said they would
continue gathering signatures on a petition to be presented to the Council,
and C. Ruiz stated that the City would do what it legally could to solve the
problem, and that the City would work to get the median opened.
BURGER KING SITE PLAN - DPW Hammer presented information regarding the
problems: Last October Mr. Weaver came in with a site plan which was subsequently
approved by Ken Jackson for the building, initialed by DPW Hammer for the access,
went to the Architechtural Review Committee and was approved with the understanding
• that it was for the building permit only. Mr. Weaver says now that he had
an approved site plan.
PUBLIC WORKS COMMITTEE
June 12, 1986
Page 2
Looking closely at that original plan there is parking in the right-of-way.
DPW Hammer asked for a new site plan but has had no cooperation. DPW Hammer
and Mayor Kennedy went and talked with Mr. Weaver June 6 but got no cooperation.
Mr. Weaver's plan is to pave the parking lot to the street with no transition,
no sidewalk, no green area. After talking did no good the Police Department
was requested to deliver a stop work order but were unable to deliver it. In
the meantime the contractor was still working. After DPW Hammer explained
to the contractor that he could be ticketed for working in the right-of-way
without a permit the contractor chose to stop working. There were large holes
left and the City put up candlesticks around them for protection of the public.
Ed Johnson of the Highway Department has stated that he will not issue a permit
for work in their right-of-way unless everything is in order.
LEGACY RESTAURANT - The owners have requested permission to put tables,
chairs, and a sign out on the sidewalk in front of the restaurant. While the
Committee could see the advantages for business and liked the look of that
type of arrangement they were concerned with starting a precedent. There would
be a definite liability problem for the City. The Committee denied thee request
and suggested that businesses wishing to do this remodel and provide enough
space so that City right-of-way was not in use.
12TH STREET NO PARKING ZONE REQUEST - Patty Hibbard, who lives on the
corner behind Korn Buick, requested a no parking zone along 12th to eliminate
the problem of "Korn using 12th Street as a parking lot." The Committee felt
that if the request was granted Korn employees would only go around the corner
and park in front of her house, but that there was no way the Committee could
arbitrarily limit parking in this situation.
PATCHING BIDS - DPW Hammer explained that the list of patches on hand
was less than $10,000 worth, but if the list gets longer he didn't want to
get nailed on a technicality. The Committee approved going out on bids for
patching utility cuts. The Water Department will pay for their patches and
contractors will be billed for theirs, and if payment is not received the City
can go after the contractor's bonding.
VACATING OF STREETS FOR AUSTIN MILLER - Mr. Miller has requested that
the City vacate Sherry Lane because the area to the north has not annexed and
the time period of an agreement with the City has expired (no one has been
able to find this agreement in writing). The Committee denied this request
because of the sewer service lines in that lot, and because if North Haven
ever does decide to annex this access would be needed.
Mr. Miller also asked that Mission Lane be vacated. Originally this was
to have gone out to Highway 93 with the idea of meeting Indian Trail on the
other side, but it worked out differently. DPW Hammer pointed out that Parks
Director Drent needs and has asked for an access to the Northridge Park in
trade for this abandonment. DPW Hammer will talk to Mr. Miller about this
and report back to the Committee.
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