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HomeMy WebLinkAbout1990.05.09 CITY COUNCIL MINUTESlag Special Council Meeting 5/9/90 8:00 A. M. Those Present: Mayor: Councilmembers: City Clerk: Attorney: Planning & Zoning Chairman: Building Inspector: Nile Boyle Farrell Young Darlene Blackburn Bruce Sutherland Nyle Fullmer Rose Bagley J D Hancock John Millar Glen Bean SUBJECT STEVE CLARK APARTMENTS. Mr Clark was at the meeting to discuss his apartments. The mayor excused Brad Liljenquist and Glen Bean, they are out of town. The mayor explained, nothing causes us more problems than zoning. We don't get much involved until we get a complaint. It is to protect the neighbors and make the city nice. That is why zoning laws are made. As a council we would like to help you. This is nothing personal. We are trying hard to let you build on the property and also make it so it is an asset to Rexburg. Stop Order - That was put on because there was a question from the people watching the construction who did not think some things were right. When we hired the engineer, he felt there were some problems that needed to be corrected. The mayor felt that as soon as all the things in the Engineers letter are addressed, and you have an engineer or architect sign a statement saying that is what you agree to do you can start building. Steve said the main issues he raised were the trusses and headers. The mayor said there were also minor things. The main problem the engineer had with the trusses was he said he knew what size metal gusses it takes to support joints, but he did not have any idea what size plywood gusses it would take. Mr Clark handed out pictures and drawings from the American Plywood of what size gusses and the nailing pattern is required on trusses (copy on file). They have done that. BMC West said the trusses are okay, and American Plywood says the size of the gusses are adequate. The only thing they need to do is add nails to the trusses. He said the engineer charged the city $450 to walk on the sight and write a letter without any reference book. Glen Bean said he used that UBC after Mr Clark had left. Mr Clark said he had looked it up and found his work was okay. Glen Bean told him if he would get a licensed engineer to give us a statement on that, it would be okay. He had talked to Clint Kingsford and explained his situation and he had had Rod from BMC West explain his construction. Clint had ask him then what is the problem, why isn't that adequate. He ask if he is meeting the codes. Mr Clark asked if I use material to build my trusses myself from the plant that builds all the other trusses that is approved in Rexburg, why can't I go ahead. John Millar said the drawings on those trusses are signed by an engineer. J. D. Hancock said Rod Hughes said he was not a licensed engineer, he was just simply saying this is the way Boise Cascade builds their trusses and those trusses as constructed, he felt were adequate for this area. The major concern we have is liability. If you say I can't get a licensed engineer. Most big complexes have a licensed architect draw up their plans. When that licensed architect certifies that they meet all the building codes, plumbing codes, the electrical codes that are uniform through out the country, then he is stating that everything is adequate and he is liable. If we have a heavy snow fall and the roof caves and a girl is killed the architect would be liability because he has certified that the building is adequate. Steve Clark ask about other apartment houses that did not have a licensed architect or engineer. The mayor told him that the reason we would be liable is because we hired a licensed engineer who told us there was a problem. If we just neglect that and go on without something signed to counteract that we are liable. Steve still claimed he was okay if he had something signed by BMC West Plant. The mayor told him it would I aq have to be signed by an engineer. The mayor told him we have had a lot of complaints from the neighbors about the construction. He had two neighbors in this week worried that you would cut corners in putting in the parking lot and not do a good job. We do have an obligation because we did have a licensed engineer check the construction. If the city ignores that then the liability is on us. Farrell Young ask if we allowed Steve to go ahead and make those corrections and then had that same fellow come back and check it and say it was okay, would that work. Glen Bean said he thought Steve needed to get a licensed engineer to come in. Steve Clark stated that he would get someone with letters behind their name to varify what is done. They told him if he does that, the stop order will be lifted. Uniform Building Code requirements in an R2 Zone relative to the height of the building. Steve said he have two options (1) the code says that the depth has to be underground 5 feet for 50%. One option would be to put a retaining wall down the entire back of the property along Greenbrier's fence and behind the two buildings in question and the two foundations that are already in, and reach the height with that foundation wall with a height of 5 feet on the outside and fill the area with dirt between the retaining wall and the building, then you have met the requirement. (2) the other thing is to come out front and bring dirt and fill across the existing driveway the length of those two buildings and bring the whole level of that ground up so that across the whole front of the property we had the four foot barried. They questioned if the water from the buildings would drip on his property, he said yes. The mayor told Steve he needed to check with Greenbrier to see if the retaining wall would be okay. He said that would meet the Uniformed Building Code. The new buildings will be 3 story but he would be able to have the 1st story under ground. The mayor told him the last three building permits have had no building done and it is past 6 months so we could consider them null and void. It would then put them under the restriction with parking. The parking was discussed. He said he would have 200 girls total. The new units would have him 80 more students making the 200. J. D. Hancock reviewed the parking ordiances, the one in the zoning ordinance and the revised one. He had 44 parking spaces before and will need 56 additional parking places. Bruce and Nyle felt the way we had restricted Jay Fluckinger on parking we need to have the same restrictions with this parking. He claimed he had brought a drawing of the parking to the P & Z and they told him he would have to come back with a drawing with an Architect Landscape. He ask if it could be checked in a couple of days and they told him he would have to come back to the next meeting. Because of the delay with everything he had lost his financing and income from apartments. John Millar told him the P & Z had never got what they were after. Other apartment houses bring in what the P & Z ask for at first. He said the P & Z have had to battle for each part of information we have got. We have been trying to get a good building for Rexburg. The mayor said one problem we had is the Fire Chief had some big concerns if he could get the fire truck in. If you would have had a fire the truck could not have gotten in. After the parking was changed they took the fire truck up and drove it around to make sure it was okay. The manager needs to make sure that the cars are not parked only in designated parking places. The mayor told him he would need to blacktop the whole parking lot, and when you finish and get it marked, we will come and count your parking places and that is the amount of students you can rent to. Steve said Glen Bean had assured him his building permit would not be revoked and Steve was okay to go ahead. Glen said he did not realize there were five permits and not just one, so you are okay for two. The mayor stated that there is no problem in re -issuing the building permits. Steve said if the city revokes them then he would fall under the new parking ordinance. J. D. Hancock told him he would fall under 1 J3v it anyway, because he had not erected the buildings. Steve said erection begins when the building permit was issued. Steve said we would need 74 spots under the old ordinance and we have 83 parking places. The mayor said the council needed to decide if he would be under the old or new ordinance. Nyle Fullmer felt strong about the parking, does he fall under the old or new ordinance. Farrell Young suggested that so Steve does not go broke we should let him utilize the old ordinance. John Millar told them at the time the Planning Board saw the plans they were under the old ordinance and approved that way. He felt we should approve the parking this way due to the time constrain if Steve will work with us to conform with the other problems. A motion was made by Bruce Sutherland to accept the parking plan as approved with the Planning & Zoning and grandfather the parking to the old ordinance, with 83 parking places, stripped, and landscaping. Also recommend he put a fence with the retaining wall. Seconded by Farrell Young. All Aye A motion was made by Farrell Young to move the stop order and allow him to start making the corrections on the deficiencies and have an Architect or Engineer write a letter to the city that he is in compliance. Seconded by Nyle Fullmer. All Aye The mayor advised him to make sure he did the parking lot carefully and do a good job on it. Make it nice. RE: ADJOURNMENT Adjourned. City Clerk, Rose 641e Mayo , ile L. BoylW