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HomeMy WebLinkAbout1990.05.02 CITY COUNCIL MINUTESiaQ MINUTES OF THE CITY COUNCIL MEETING 5/2/90 State of Idaho County of Madison(ss City of Rexburg) Present were the following: Mayor: Councilmember: Attorney: City Clerk: Nile Boyle Glen Pond Brad Liljenquist Farrell Young Bruce Sutherland Nyle Fullmer J. D. Hancock Rose Bagley Pledge of Allegiance to flag was led by Steve Clark RE: APPROVE MINUTES A motion was made by Nyle Fullmer and seconded by Bruce Sutherland to approve the minutes. All Aye Mayor Boyle stated that Darlene Blackburn was asked to be excused because of the death of her sister. RE: STEVE CLARK APARTMENTS Steve Clark was at the meeting to discuss the problem with his apartments. He referred to the letter he received from Mayor Boyle. Rod Hughes from BMC West was with Mr Clark to talk about Mr Clark's construction. Mr Hughes reported on the trusses used in his construction. (A hand out was given to all members explaining attached.) Mayor read the report from the engineer recommendation. Brad Liljenquist ask if the company employee was an engineer, Mr Hughes said he was not, but ran the truss plant and was knowledgeable about the Uniform Building Code. He said the way Steve has constructed the truss would be adequate. Where BMC West uses plates, Steve used plywood. Mr Hughes said he has used the proper grade of material. The quality is not broken down because they are built on the job rather than in the factory. Mr Clark complained about the article written in the paper about the type of construction he had in his apartments. He explained his construction. He claimed that the construction has been built at or above every code they knew. Regarding the zoning, he had met with the Planning Board to get the permits. He said he had never told them it would be a two story building. He stated that the building permits said Tri Plex. The mayor told him he could not build a three story building in a R 2 Zone. Mr Clark said he could build a three story building if the first story was buried four feet on fifty percent of the building. He said he had called Glen Bean each time he had done a step on his building and he had come and inspected it and approved everything he had done. The Planning & Zoning had rejected his parking and insisted that he go to a licensed Landscape Architect to draw the plans. He had gone to David Weaver and Assoc. Landscape Architect, he drew the parking plan. The mayor had stated in the letter that his building permits were invalid if no building had been done for six months. He claimed that they had made progress every six months. The mayor told him we consider it as five different building permits, and there is three of them that have not had anything done on them, and it is past six months. The mayor told him we would count the parking spaces and that would be the amount of girls he would be allowed to rent. Glen Pond ask him is the three preceding buildings were reviewed by the Planning & Zoning. Mr Clark said they were. Brad Liljenquist ask the attorney if you had a structure two feet in the ground, if you could haul dirt around it up to the four foot level to comply with the zoning ordinance? He read from the UBC. Mr Clark stated that he did not know why the council did not think it would work to haul fill in around the apartments to make them two story buildings. Bruce Sutherland ask him if when he originally approached the Planning & Zoning if he had given them a time table of completion. Mr Clark told him he had told them he wanted to complete them that summer and when he came in and presented his plans they told him that until they had a plan drawn by a Landscape Architect they could not approve them. Mr Clark then ask if he could bring it to each one individually and they told him he could not, he would have to bring it to the next meeting. He had spent the whole summer going step by step as they requested. After about the third month he had came to the city council and requested a building permit be issued. The council requested that they issue a building permit based on him meeting the requirements. Mr Clark questioned the stop order. Glen Pond told him part of it was that he was not in compliance with the zoning ordinance. on the building permits it states that you are required to be in compliance with all the zoning regulations. That was part of the stop order along with the engineers recommendations on the structural deficiency. Chuck Frost stated the definition of a grade for the apartments was from the parking lot or sidewalk or street. Nyle Fullmer told him the reason the stop order was issued was there were some concerns raised that the council felt were legitimate enough that we felt we needed to take action to find out if the concerns were valid or not and that is why the engineer was called in and that is why we are addressing these questions. Mr Clark asked, based on every thing the council had heard tonight, can we drop the stop order and get going on the building. Glen Pond said he did not know how he could start until the council could talk to Glen Bean. The mayor told him if the Structural Engineer said there were problems, they would have to be okayed by someone of equal degree. The mayor said he could start work on the minor problems, but the major problems need to have an Engineer or Architect licensed in the State of Idaho prepare an analysis and the building should be brought up to the standard recommendation by that analysis as stated in the letter from the engineer. Steve Clark still claimed he was in compliance. Nyle Fullmer ask why did the structural engineer say the buildings were deficient? He thought he would still go with the man that had letters behind his name. He said if everyone else in Rexburg can do it without an engineer, why do I have to have one approve mine. Nyle told him there was problems and the engineer checked it and said what needed to be done, now we need to make sure those things are done. Steve said " he was not adverse to getting in touch with an architect or an engineer and have him say this is what we need to do to the existing buildings". Glen said he thought the structural problems could be addressed, the thing we can't not address is whether we are going to allow it to be built where it is not in compliance with the zoning and talk to Glen Bean and see what he had to go by when he approved it. We have some responsibility in not letting it be built where it is not zoned for it. Steve said the problem is it is already built and he did everything that was ask of him by the city. Glen said except that it did not follow the property zoning. Steve Clark said he would bring in some more dirt and fill and raise the level of the driveway so the building was in a four foot level below that, but it would be a big expense and would not be good because the driveway would be steep in the beginning. The mayor told Steve that they would get in touch with the building inspector and talk to the council and call him tomorrow. RE: REZONE FRANK BELLS PROPERTY 355 E 2ND N The mayor stated that there had been a request for a re -zone on the property owned by Frank Bell at 355 East 2nd North to be changed to Limited Commercial. A petition was taken around and there was only one opposed. The Planning and Zoning had recommended a Public Hearing be set for the zone change. A motion was made by Bruce Sutherland and seconded by Nyle Fullmer to except the recommendation of the Planning & Zoning and set the Hearing for May 16. All Aye RE: URBAN LIMITS AND FUNCTIONAL CLASSIFIED SYSTEM The mayor read the recommendation from the Planning Zoning on the Urban Limits and Functional Classified System. They had recommended that we e 2 41 use the 11th South with some kind of a diagonal over to 9th corridor and then onto the college property to comply with the master plan. A motion was made by Glen Pond and seconded by Farrell Young to accept the Planning & Zoning recommendation. All Aye. RE: APPROVE THE PERSONNEL PROCEDURE MANUAL CHANGES A motion was made by Bruce Sutherland and seconded by Nyle Fullmer to approve the Personnel Procedure Manual changes. All Aye The mayor stated that a copy would be given to all the employees with the changes for them to sign. RE: SUBDIVISION ORDINANCE The mayor told the council that the Sub Division Ordinance requires 75' radius cul de sacs. The Planning & Zoning recommended that be changed to 50' radius. Our other cul de sacs are 50' radius. The fire department took a fire truck out and found they could turn on the 50' radius cul de sacs. If there are cars parked there, they have to back up once, but it would be okay. Farrell said it would be hard to plow snow, but both he and the fire department okayed the 50' radius cul de sacs. The council ask the attorney to draw up an ordinance to amend the Sub Division Ordinance. RE: PRELIMINARY PLAT OF GREG FULLMER SUBDIVISION Greg Fullmer called on a conference call to discuss the proposed preliminary plat of his sub division. Nancy White representing Greg handed out a block to each councilman of new plat presentation exhibits. (copy on file) Garth Cunningham of Mountain River Engineering was also there to answer any questions. Greg went through the book and explained it. Greg said he had a lot of interest from people who wanted to buy lots. He said in the initial preliminary plat the lots were too small. The first thing they wanted to do is to increase the size of the lots. He said the people who were interested in buying lots was concerned that 5th South was a through street and that was the reason that the cul de sacs were developed to address that problem. Garth said the plat provides two accesses out of the sub division and provides continuity. Mayor Boyle ask him if he owned any of the property South of 550 South? Greg said that property is owned by Darrell Neville. He had been talking to him about buying it in the future. In the mean time Darrell ask him to go ahead and do the preliminary plat work. He has seen it and is in agreement with it. Darrell felt that it would enhance the value of the property for him. Greg did not feel that portion of the sub division would be developed this year. RE: SEWER DRAIN Farrell Young questioned the sewer drain on the up hill side of the lot. Garth said the sewer line would go in the back of the lot and be added the final plat. The only person that was contacted that would not sign the petition was Vance Forsgren because he had a conflict of interest. Bruce Sutherland asked if he was aware the 5th South was a designated through street and if we accept the plat the council would have to hold a hearing to modify the Comprehensive Plan. J. D. Hancock told him that any changes or amendments to the Comprehensive Plan could only be done through public hearings. Brad Liljenquist told Greg that is important to have a through street in that area. The next through street to the north would be 2nd and the next one to the south would be 7th which will be many years away. He ask if they could put 5th South as a through street and putting the cul de sacs on 550 South Street. He said he would prefer not to do that. RE: EXPAND CITY LIMITS Glen Pond ask Greg if he thought that in the future the City would have an opportunity to expand its city limits. He ask if the time came when the property to the east of this property were annexed into the city )�2s what would he see as to how that could be developed without putting additional accesses onto Millhollow. He said if we limit ourselves by cutting off our opportunity of bringing 5th South through, then if that was ever annexed into the city the developer that did develop that property would have to bring all his traffic onto Millhollow. There has been a concern about bringing too much additional traffic onto Millhollow. Greg said there would be access through 450 South Street or Shoshone. Bruce Sutherland told him all of those would empty into 2nd South and bring a lot of traffic onto that street. John Millar said the main concern of the Planning & Zoning was a through street. He said the P & Z had no problem with the cul de sacs, however that is a lot of cul de sacs in a sub division. Tammie Mortensen stated that the people don't want 5th South going through because of the safety of the children. Traffic flow was discussed. RE: TRAFFIC ON MILLHOLLOW Nyle Fullmer said as he sees it half wants to stay with the old plat and half wants to stay with the new plat. His concern is that it is beyond this sub division. We have got to address the fact that if and when the property of Smiths is either developed or what ever, we don't need to be dumping anymore traffic onto Millhollow. RE: MILLHOLLOW STREET Richard Smith said he was involved and if you look at it objectively you need to ease the traffic problem on Millhollow. He said he appreciated the people wanting to live on cul de sacs, but everyone needed to look at the long term development of the city. He stated that Millhollow needed to be widened two or three feet. He said the city needed to watch people building too close to Millhollow road. Nyle Fullmer said he saw a real reliance with a through street to Shoshone. The sub division would turn it into a beautiful area, but long term if you have an ambulance that needs to go up there and they have to jog all around, or law enforcement, or fire, nice streets would make a lot of difference. Richard said the City and County need a plan for a through street to the South. We need a controlled access road. Glen Pond told him we approve 9th South which would take us over to Millhollow. Richard thought 9th South was too far south. Richard said we need a traffic survey off of Millhollow. Glen Pond suggested that if the sub division was turned around and the two cul de sacs was put on 550 South then there would be no issue. You would have the same number of cul de sacs. Greg said the main issue was financial and if you put a through street on 5th South then it was not a viable project. Greg said he would like the preliminary plat approved and then he would come back with a final plat with the two northern cul de sacs to be developed at this time. RE: AMEND THE COMPREHENSIVE PLAN TO CLOSE 5TH SOUTH A motion was made by Glen Pond to set the public hearings to amend the Comprehensive Plan to close 5th South seconded by Nyle Fullmer. Those voting Aye: Glen Pond, Farrell Young, Brad Liljenquist, Nyle Fullmer; Those voting Nay: Bruce Sutherland. Mary Ann Mounts suggested that the city consult a transportation Engineer to get a good transportation plan for the future. Jim Long said if we amend the comprehensive plan before you except the plat as presented are you going to be asking for alternative traffic possibilities other than just 5th South. The mayor we would need to do this if we open up the comprehensive plan. A motion was made by Brad Liljenquist and seconded by Nyle Fullmer to hold a public hearing with the Planning & Zoning on May 24 and with the City Council on May 31. All Aye Jim Long said all the pressure seems to be on us to pass this so people can start building. There is no utilities up there for the houses to hook onto. Nancy Woolf said they would work on that at the same time I �21 Co the houses are being built. Jim said we need to be realistic about it. How long will it take to put the utilities in. RE: ENGINEERING FIRM TO DO THE SOUTH REXBURG SEWER PROJECT Mayor Boyle stated that we need to pick an engineering firm to do the South Rexburg Sewer Project. We had two proposals, one from Forsgren Perkins and one from Ted Sorenson. The bids were the same amount, but the factor was the time frame. Ted Sorenson could not do it within the time frame. A motion was made by Brad Liljenquist to do the engineering. All Aye. The mayor stated that the time frame was May 18, and Sorenson couldn't meet that. RE: HENDERSON SUBDIVISION The preliminary plat for the Henderson sub division was presented to the council. The Planning & Zoning recommended that the nubs be widened to 50 foot. A motion was made by Glen Pond and seconded by Nyle Fullmer to approve the plat with the same changes recommended by Planning & Zoning. All Aye RE: CONSTRUCTION ON THE HIGH SCHOOL The Architect at the high school was at the Planning & Zoning meeting and they recommended that we allow these three things because it would be a little cheaper for the high school. Usually the water meter is on the property line and the reason that when the high school was built it was not on the property line is because that street was not deeded to the city so the high school put the meter in the middle of the lawn. They want to: (1) Move the meter next to the High School, (2) Run the fire line out just ahead of the meter, (3) Put an isolation valve accessible to the use outside of the meter pit. De Lynn has no problem, except he thinks the minutes should show that since the meter is not on the property line, that it is the school district's responsibility from their own property line to meter. Glen Pond made a motion to recommend that we approve it seconded by Farrell Young. All Aye. RE: BUCKLE UP AMERICA WEEK, STARTING MAY 21 Glen Pond told the council that starting the week of May 21, it would be Buckle Up American Week. The council authorized the mayor to sign a proclamation. RE: APPROVE BILLS A motion was made by Nyule Fullmer and seconded by Bruce Sutherland to approve the bills. All Aye. RE: EXECUTIVE SESSION The mayor stated that the council needed to go into an executive session to discuss a possible law suit. RE: CAROUSEL Bruce Sutherland said he worked on the Carousel and then went down to the building. As he looked up at it, he found it is all old rotten looking wood. He had talked to Rexburg Lion Club to see if they would consider painting it. He ask if they couldn't do it if the city could. The mayor told Bruce to see if the Lions Club will do it and if they won't get a price on the painting and the city would see what they could do. RE: WIDEN MILLHOLLOW Nyle Fullmer ask what we would have to do to widen Millhollow. Glen Pond stated that the people on Maple abutting Millhollow should not have access to Millhollow. John Millar suggested that the upper part of Millhollow should go to an LID for curb and gutter. We need to get with the County and get on with it. Glen Pond suggested that we annex that property. RE: STEVE CLARK APARTMENTS Discussion on Steve Clark. We need to find out what has transpired with the problem with the building inspector. J. D. Hancock said the new parking ordinance should be applied. He also stated we need to get a letter from someone stating he is in compliance with letters behind his name. If the Building Inspector says it is okay, we will have to give him a variance to let him comply on the other. J. D. Hancock said even if the inspector did not catch it, he needs to comply. Farrell Young stated he thought everything could be corrected except zoning. Nyle Fullmer felt we are somewhat responsible. Bruce Sutherland said he was concerned about the safety of the students. We need to get a licensed Architect or Engineer approve what he does in writing. Glen Pond made a motion that he comply with the zoning ordinance, seconded by Brad Liljenquist. Those voting Aye: Glen Pond, Brad Liljenquist, Bruce Sutherland; Those voting Nay: Nyle Fullmer and Farrell Young. RE: BUILDING PERMIT They discussed the building permits that the construction had not been started being under the new parking ordinance. If they had not been started, they should fall under the new ordinance. RE: ADJOURNMENT Meeting Adjourned City Clerk, Rose gley Mayor,'14ile L. Boyle i77