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HomeMy WebLinkAbout1988.06.01 CITY COUNCIL MINUTESf f EVALUATE AIRPORT STUDY The mayor said he has the evaluation of the Airport Study. He would give it to Nyle Fullmer so he can set up a meeting with the County Commissioner and review it. COMPLAINT ABOUT VACANT LOT Nile Boyle told the council he had a complaint from Trent Walker about the vacant lot across from Lincoln School The council discussed the problem. It is a large lot, neighbots throw their tree limbs and grass on the lot, the weeds grow and it can't be mowed because of the holes and junk on the-lot. The city has burned the lot before and the neighbors complained. It is a large undeveloped area. The lot would need heavy equipment to smooth it out and the city does not have the equipment or time. TABERNACLE DOORS UNLOCKED-FIRE HAZARD Gordon Tychsen from the Fire Department was at the meeting. He has a letter from E.T. Thompson with regard to the Tabernacle. He had attended a Junior High Schoo l Band Concert in the Tabernacle. He tried to open the back doors, and to his aston- ishment they were locked. If there had been afire a tragedy would have resulted. Gordon Tychsen said all the doors should be unlocked for a program. The council thought we need to leave a key with the firemen and have them make sure the building is unlocked. NO "FOR SALE" SIGNS IN CARS IN PARKIf4G LOTS AROUND TOWN Bruce Casper reminded the council that a few months ago we ask the city attorney to draw up an ordinance so people couldn't put cars on parking lots around town with For Sale signs in them in order to sell them. Bruce Sutherland told Mary the City of Orem Utah has this kind of an ordinance. CARS SITTING ON JOHNSON CORNER LOT The council discussed the Johnson Corner and what we can do about the cars sitting on that lot. We need to at least move them back. The mayor said he had ask the engineers to go out there and mark the right-a-way but they have not done it yet. There might not be room for a sidewalk. The mayor said he would talk to the engineer again. A motion was made by Nile Boyle to pay the bills and seconded by Bruce Casper. All Aye EXECUTIVE SESSION REQUESTED-PROPERTY FOR RIGHT-A-WAYS A motion was made by Nyle Fullmer for the council to go into an exective session to discuss purchase of property for right-a-ways for the 2nd East project. Seconded by Darlene Blackburn. All Aye Meeting Adjourned ~~ Jo er, Mayor ~~~ ,' ~^ Rose Bag ey, City rk MINUTES OF THE CITY COUNCIL MEETING June 1, 1988 State of Idaho) County of Madison( City of Rexburg) A meeting of the City Council for the City of Rexburg, Madison County, held June 1, 1988, at the City Hall. Present were the following: Mayor: John C Porter i~~a# r Councilmembers: Also Present: Darlene Blackburn Bruce Sutherland Nyle Fullmer Bruce Casper Glen Pond Mary Smith, City Attorney Rose Bagley, City Clerk Richard Horner, Treasurer A motion was made by Bruce Sutherland, and seconded by Bruce Casper to approve the minutes. All Aye UTAH POWER AND LIGHT IS SPONSORING AN ELECTRICAL FAIR Mayor Porter told the council that Utah Power & Light are sponsoring an Electrical Fair June 9, 10, 11 in the Blocks building. They would like to put displays on the building sidewalk. According to the ordinance we can approve those type of displays for special occasions. Bruce Sutherland ask if they would need insurance. The mayor said for just a sidewalk sale or special occasions it is not necessary. A motion was made by PJyle Fullmer and seconded by Darlene Blackburn to permit U P & L to display merchandise on the sidewalk next to the Blocks building, during the Electrical Fair. All Aye HOUSING ORDINANCE At the last meeting Mary read the Housing Ordinance we were proposing. We sent a copy to the student housing people along with the answers to a list of questions they had sent us. They still have a number of questions. The mayor suggested that cve have a special meeting with them next Wednesday night at 7:30 P.M. and go over with them. CITY OF TETON-LEASE TREATED WASTEWATER IN REXBURG CANAL We have had a request from the City of Teton. They would like to lease the treated wastewater that we dump into the Rexburg Canal. The mayor had tried to get in touch with Keith Erickson of the Canal Company to see what they think. From time to time they have complained about it causing moss to be on the canal. T_± agreement we have with them is for twenty years. What the City of Tetoniwan*s to do is to rent that water and take it out of the Teton River. Instead of us dumping it into the Rexburg Irrigation Canal we would dump it into the River. They would take so much water out at Teton River and use it to keep the fishing hole they have full. He ask the council if there is any objection if the canal company agrees to it, however, he felt that the canal company wanted to keep the water. The council said there would not be a problem if everyone agreed but they did not think they would agree to it. There is about a million gallons a day dumped into the river. The 'Mayor told Mary that we need to file on the wastewater. SAFETY COMMITTEE- HANDICAPPED SPACES ON MAIN STREET ~, I 1 Bruce Sutherland gave a report on the Safety Committee. They had been ask to decide on some handicapped spaces in Main Street. They had decided on five spaces. They recommend (1) One space placed at the far west corner of the Valley Bank parking lot, (2) One on the far east corner of .the Idaho First National, (3) one at the cor- ner of the ...First Security Bank and their drive in on the east end, (4) one space close to the City Hall they recommend the fartherst north one that is the 10 minute parking or the one that is the fartherest South, (5) there is a single parking place between two entrances just to the South of Anderson Photo. The mayor said he was wondering about the Valley Bank corner and by Idaho First, the curb hasn't been cut to allow a wheelchair to go up there. We need to get the curb cut for the handicapped wheelcharis. Bruce Casper said he had been approached about getting some curb cuts at the intersections from the Junior High all the way up to the development center. Nyle Fullmer suggested that there had not been any handicapped parking places recommend on the South Side of Main Street. The mayor said he thought we needed one by Kings or Inkleys, Bruce Sutherland said there is one on College Avenue. MOTION MADE TO GO FOR THE HANDICAPPED PARKING & CURB STOPS Glen Pond made a motion to go with the recommendations for .the committee for Handicapped Parking, Bruce Casper said he would like to ammend the motion to also include curb cuts be made at all the intersections from the Junior High to the Development Center, one on each side of the street so wheelchairs can cross. Seconded by Nyle Fullmer.. All Aye Mayor Porter suggested that we get the service clubs to help with the ramps. r, .. 1 SAFETY CONCERNS ON MILLHOLLOW DRIVE Bruce Sutherland handed out to the council ideas and options that were considered by the Safety Committee, residents, Chief of Police and a member of the P~adison County Commissions for the safety concerns on Millhollow Drive. (Attached) The mayor told him he thought the safety committee had done a good job, it was the best report he had heard on that road. Bruce Sutherland said that if the High School ever expands in that direction we would have no other alternative than to close the road. Bruce Casper said he did not think that was the soluti,on.'Bruce Sutherland told them they were not able to acquire all the land for a new road, and when the trucks come down the Barney Dairy Road and come to the highway there is no way the trucks can get on the highway. They are checking on the Pole Line Road and 9th South. The mayor said the improvement of the Erickson Dugway Road and building of the new street is 2 or 3 years in the making. Bruce Sutherland said if we close it to truck traffic you will have to close it to all truck traffic. If there was any construction going on up and down thatorad it will present a real problem. Nyle Fullmer said he did not think the closing of the street was the answer. We have 90 days until school will start and we can study it further. The council discussed it at length. Discussion posponed until after the zoning hearing. ZONING HEARING 8:00 P. M.- The mayor stated that we have had a request of re-zone area of Brad Chapple, Robert Chapple and Del Chapple property from commercial to R3. The Planning Board gave approval for it and the city council circulated a petiton in that area for the residents within 300 feet. No one protested. The place where Chapple Paint store is will remain commercial and also where the car wash is and the businesses on 5th West. It would just be re-zoned where the homes are now. Gaylen Gneiting was at .the meeting to protest. He did not understand what they were doing. There is a paint shop there, they mayor told him that would be Grandfathered in. The auto- motive paint shop would be grandfathered in. He said his complaint is that the value of his property is decreasing from his ideas of what he wanted to do with his property is next to Barrick Candy Company, at 309 South 5th West. It was determined that his property is zoned R3 and he would like to have it zoned commercial.. He was told he would need to go to the Planning & Zoning and request that the zone be changed. Mr. Gneiting withdrew his objection. The mayor ask John Millar, Chairman of Planning & Zoning if he had anything to add. He did not. A motion was made by Nyle Fullmer & seconded by Bruce Sutherland to re-zone the property from Commercial to R3. ORDINANCE 681 Mary Smith read Ordinance 681 to re-zone the property of Brad Ck~a~pple, Robert Chapple, and Dell Chapple. AN ORDIANCE AMENDING AND CHANGING THE ZONING MAP OF THE CITY OF REXBURG, IDAHO AND PROVIDIfJG THAT THE ZONED DESIGNATIONS OF THAT CERTAIN PROPERTY HEREINAFTER DESCRIBED, SITUATE IN REXBURG, MADISON COUNTY, IDAHO, BE CHANGED AS HEREINAFTER DESIDNATED AND PROVIDED WHEN THIS ORDINANCE SHALL BEOCME EFFECTIVE. A. The following described property located in Rexburg, Madison County, Idaho, is hereby zoned R-3:. That part of Lot 1, Block 9, South End Additon to the City of Rexburg, Idaho, described as follows: Beginning 200 feet East of the Northwest corner and running thence East 128 feet; thence South 330 feet; thence North 181.5 feet' t{pence East 200 feet; thence North 148.5 feet to the point of beginning. A motion was made by Councilmember Darlene Blackburn and seconded by Council member Nyle Fullmer that the rules requiring an ordinance of a general and permanent nature to be read on three occasions be dispensed with and that said ordinance be numbered 681. Those Voting Aye: Those Voting Nay: Darlene Blackburn Bruce Sutherland Nyle Fullmer Bruce Casper Glen Pond None Ordinance 681 was then placed before the Council. The Mayor then called for the voting for final passage of the Ordiance, and the motion was made by Bruce Sutherland and seconded by Nyle Fullmer that ordiance 681 be passed. The roll showed all councilmembers present voting "Aye" carried, the Mayor declared that the majority of all members of the City Council had voted for the passage of said Ordinance, and that said Ordinance was duly and regularly passed. Mayor Porter dellared the motion carried. PUBLIC HEARING TO CHANGE WEST 4TH SOUTH TO A FOUR LANE ROAD A group of people from West 4th South were at the meeting for a public hearing. The council propose to change to road to a four lane road with some turning lanes and no parking would be allowed along the street from 1st West and 4th West. Chief Siepert explained the reason for the proposal. Because of the increase of traffic and the safety factor it would be advisable to change the street to a 4 lane street. Because of the size of the road there would not be room for parking along the street. Lorene Jenkins ask if there was any statics of accidents on that street. Chief Siepert told her there had been a lot of rear end collisions. Wendy Williams had written a letter and was at the meeting to ask abQUt a turning lane. She suggested a traffic count and possibly a stop light on 2nd West and 4th South. She told the council about the danger of the children loading on the bus at the corner of 4th South and 2nd West. Mike Walker- His concern was there is no sidewlak from 3rd West to 4th West. It is a major safety factor on the North side of the road. People have to walk in the road. Mrs. Gerald Jeppsen ask if when they marked the street if they could paint a line out from the curb for waling between 3rd West and 4th West. Gerald Jeppesen- Complained about:: the trees on the South side of 4th South West of the canal.. The trees are so big they black the view for the people coming onto 4th South. If the trees could be trimmed it would improve the visability and make it safer. Constance Brown- Thought the big hazard was the speeding, whe suggested keeping the speed limit down and checking it. Gerald Jeppesen- When it rains the run off from the hill floods Sister Brown and David Chugg. He suggested that we get a small pump and pump the water back into the canal. The mayor told him last year we cleaned the drain and ditch and it was okay last year. It stopped most the problem. Mrs. Curtis- She lives on the corner and when the water comes form the college her lawn gets flooded. Mayor Porter - Told them they could get on the new LID to put a sidewalk in on that street. Lorene Jenkins- Ask about bringing the traffic on to 9th South. Chief Siepert- Told the group that there would not be enough room for a walkway along the road. Mayor Porter- Suggested that we talk to the school board and find another place to stop the school bus. Chief Siepert- Told them there would be no U to Nyle Fullmer- Suggested that the college make a school bus to stop. He said the speed limit on lower it but the cars would still go that fast. that we don't want to put a stop light in is we that street. Alight also costs $50 a month to have. rns allowed on 2nd West and 4th South. curb cut and make a place for the that street is 35 MPH, we could maybe He told them one reason need the traffic to flow through operate, which the city does not Bonnie Curtis- Told Bruce Sutherland she had no objection to a 4 lance street but would like a turning lane. ~.. 1' ] s f~layor Porter told the group that since there was no objections, the city would go ahead and strip the street for a four lane road. The city would also trim the trees on that street. If the four lane road doesn't work we will paint it out. PARKING ON 3RD SOUTH Bruce Sutherland reported that the safety committee discussed the parking on 3rd South. They met with Shirley and De Loy Hill last night. The decided they would like to get some signs make for all of the driveways along that section of 3rd South that would say NO PARKING IN DRIVEWAY, VIOLATORS WILL BE TOWED AWAY--REXBURG POLICE DEPARTMEfJT. ORD.# and put a sign in front of each driveway. We need to order those signs and get them up before the dance festival. PROBLEPIS WITH THE DRIVEWAY THROUGH THE JUNIOR HIGH SCHOOL Mayor Porter told the council the driveway through the Junior High School where the school busses stop. The drivers claim that the cars drive through the driveway and don't stop when they are loading and unloading kids. The police consider it a private driveway. We have an agreement with the school that by cutting off that street they allow the public to use that street to turn around so it would appear that it is a public to use that street to turn around so it would appear that it is a public street and we can make arrests on that street. f~1ary Smith said we would check the agreement. iYlayor Porter told the council they should make a motion to except the report from the Traffic Board on the Millhollow Road. A motion was made by Darlene Blackburn and seconded by Nyle Fullmer to except the report on the Millhollow Road submitted by the Traffic Board. Those Voting Aye: Darlene Blackburn Bruce Sutherland Nyle Fullmer Glen Pond Those Voting Nay: Bruce Casper A motion was made by Bruce Sutherland and seconded by Glen Pond. All Aye Meeting Adjourned ~-- Jo C f~layor -~ f/ Rose Bagley, CCity Cle SPECIRL MEETING OFF CAMPUS HOUSING Present were the following: The Mayor told the group the purpose of Ordinance having to do with inspection discuss the questions they have. h1ayor John C Porter Councilmembers: Nyle Fullmer Darlene Blackburn Glen Pond Also Present: Mary Smith, City Attorney Rose Bagley, City Clerk the meeting was to finalize the of all apartments. He would like to On Fire Safety- We have a code book which is a think,, book, and we counldn't put down all of tt7at so we put everything is in the Uniform Fire Safety Code. We will be looking for Fire Extinguishers and Smoke Alarms. We will be looking in the storage area to make sure there isn't any combustible material. We will make the inspections annually, and there will be no charge. When we find something that is wrong, we 4vi11 give you so much time to get it done in a reasonable manner. If it is not done we will have to site you-into the courts. 4ve were asked how much the fine would be, that would be up the the judge. If there is a person in the rental unit that tomes to us and registers a complaint about something that is wrong with the unit. We will go over and inspect it and if we find that the complaint is valid, we will make a charge for the time the inspection. There will probably 1~~~ be two men go over and last:'. will charge for the salary for the time they spend. You will be given so much time to correct the situation. If nothing is found from this inspection there will be no charge. They ask how much that would be. The mayor told them our fire inspector is paid about $11.00 an hour and urhat ever the building inspector is paid per hour would be the cost. With the health code there are several things you need to do. It is r-equired to have so many square feet per person. They will check all this at the annual inspection. When the unit is constructed, you will have to have your plans checked to see if you have enough room for the students you want to rent to. The planning board will go over all the plans. We plan to inspect the rental units in a home and the large complex apartment houses also. We would set up an appointment. Rick Page ask if the city could send a copy of the inspection letting them know if they pass the fire code. The mayor told them the inspection form would be duplicate, and we would send a copy to the college. There is a problem in the parking. At the present time the parking for student housing is 1 parking space for 2 students up to and including 24 after that is l parking space for each additonal 3 students. In the zoning ordinance it also says, "Whenever there is a change in the number of employees or business visitors or in the lawful use of the permises or in any other unit of measurement specified in any of the foregoing paragraphs of this section, and whenever such change creates a need for an increase or decrease of more than fifteen (15%) per cent of the number of off-street parking spaces as determined by the requirements of this section more or less off-street facilites shall be provided by this section." So if you rent every student that has a carp you will come under this statue and you have to tell them to either rent to people who don't have cars or you are going to have to tell them they will have to find some other place for them to park. If you have more cars than you can park in your parking lot, even though you are complying with minimum that you have tQ have you will have to find some other place for them to park. Rick Page ask if the city has determined how they will enforce that. The mayor said if we start towing the cars away and the students come and complain because there is no parking spaces, we will find out if that is the cause and will notify you that you should find a place that t°r3ey can park off street. Nyle Fullmer stated that was something that the landlords should start monitoring. The landlords need to reserve parking places for all cars in their apartment complex. The people that come that have not reserved a spot don't get to park there. He had J.D. Hancock look it up in the trepass code "at that point if you have people parking on your property whether they are residents or not and however you decided to do this. They need t~ be given written notice that they are trespassing and then you do have a legal right to site them into court under the trespass code. "You can start to govern that in you own lots. You cannot have them towed unless you will sign for the liability. You can site them under the trespass code into court and they will be fined. The mayor told them... they should provide some space for visitors. The visitors can park in the street up until 2:00 A.M. Another problem is under our rules and regulations, after the unit has been built for a year you should have your parking lot paved, and striped. You also have to have it so if there is a fire there is some space that the fire truck can get in. We will inspect that also. A lot of the housing units are in residental areas, and you have to have a certian amount of landscaping. You will have a year to do it and if you don't do it we will tell you you have 30 days to do it and if you don't do it we will site you into court. The mayor said we would like to pass the ordinacne in the first meeting in July. People that have small housing units in homes will have to comply with the parking or not rent of people with cars or make arrangements for parking. Glen Pond told them we are going to change the parking and all new construction will have to comply. The mayor said he wanted to stress that if you rent to people with cars, you have to provide parking. Whether grandfathered or not you have to comply with the parking regulation. Landlords have an obligation to pay a fine for students that they don't provide parking for. I~~' 1 ~' The .Mayor told them they could not use gravel in the parking lots they have to be paved. When parents come to visit students we would like to have the apartments clean an in good repair so we don't get complaints. Nyle Fullmer told Rick Page that his office could help us a lot to enforce the ordinance. The college should inspect to make sure each apartment has the proper supervision. Nyle Fullmer told them hopefully we can grow with the changes. ~'~ ; Rose Bagley, City C Jo er, Mayor