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HomeMy WebLinkAbout1990.06.13 CITY COUNCIL MINUTESMINUTES OF THE CITY COUNCIL MEETING 06/13/90 State of Idaho) County of Madison(ss City of Rexburg) Present were the following: Mayor: Nile Boyle Councilmember: Darlene Blackburn Brad Liljenquist Glen Pond Nyle Fullmer Bruce Sutherland Farrell Young City Clerk: Rose Bagley Treasurer: Richard Horner Attorney: J. D. Hancock A motion was made by Nyle Fullmer and seconded by Darlene Blackburn to approve the minutes. All Aye Pledge of Allegiance RE: BIKE RACK FOR KINGS A request from Kings to put a permanent bike rack in front of their store on the sidewalk. Glen Pond stated that we have an ordinance, and he would be concerned that it would stick out too far. The council turned it over to the traffic committee. RE: CONSTRUCTION ON COTTAGE APARTMENTS Michael Kam, Attorney representing Greenbrier Associates, who owns and manages Greenbrier Apartments, spoke. There has been some communication with his office and Mayor Boyle and the prior Mayor Porter with regards to the apartments known as the Cottage Apartments owned by Steve Clark. They appreciated the attempts to cause some improvement in the situation. The construction is underway again. Greenbrier has hired his own engineer. Code and zoning violations do exist. We would appreciate action by the city council to rectify these violations. However, there is a long history of administering the codes and zoning regulations of those buildings. He had asked for the file with regard to those buildings in question. They had expected to see much more by way of permits and by way of inspections which was the cities responsibility to oversee the development of construction We were surprised how little there was. Because of this we feel there is an administration problem. He had been advised by his client to get the city council's consideration on the deficiencies. We feel that if these code violations and these zoning regulations are not met, Greenbrier Associates will bring action for building and code violations. Our engineer's report will be available within a few days for the mayor and council to review. RE: DEFICIENCIES IN INSPECTION Mayor Boyle told him they had numerous meetings with Mr Clark. He has taken care of all the deficiencies that were noted by Harper Engineering and the inspection done by Mr Meyers, Idaho Falls Building Inspector, now he has started another building. He has been told that he will be held responsible all zoning requirements as well as all requirements in the UBC. Mr Kam stated, to say that Mr Clark is responsible in having qualified personnel available and to tell Mr Clark where he is responsible is two different things. Noted in the letter to Mr Clark about his deficiencies were only regarding framing and did not address other areas with regard to the fire code and the depth of the footings which they would have to address in their report. His last permits were dated 1988 and possibly he was building without a permit. The mayor told him those permits were void after 6 months and was just issued a new application for a building permit. Mr Kam said the plans were drafted in 1988 and not done by a licensed architect. The burden is on the city. Mr Clark said he had an engineer from Idaho Falls go through the project and plans and make recommendations. The mayor said he had talked to a building contractor who stated it is a state law that on public buildings there additional requirements on personnel and he had told Mr Clark. Mr Kam asks that as construction proceeds to please do your job in advance rather than having to go back later and find out what is wrong and what is not wrong. It is their opinion that the building that is being added onto is a non -complying building by the way of code and zoning. The mayor said Mr Clark knows that he will have to make that qualify. He knows that from now on he is off the rock and can go lower to put the building in. In the past there have probably been some lax inspections made and we intend to get all inspections working better together. Mr Kam said the city should be concerned about their liability if something goes wrong. Glen Pond stated that upon completion if it doesn't meet the requirements then he wont get an Occupancy Permit. RE: CONSTRUCTION ON COTTAGE APARTMENTS POSTPONED Steve Clark ask if they could go ahead. The mayor told him the electrical inspector has some concerns and needs to talk to him and might have to do something different. RE: CERTIFICATES OF APPRECIATION The mayor stated that the city would like to give certificated of appreciation to Emily Price and Jocelyn Housley. The mayor read a letter from their supervisor, Mike Mitchell (on file). The certificate would be for CALM AND RATIONAL THINKING IN A EMERGENCY SITUATION. RE: PUMP HOUSE PROPERTY The mayor discussed the nuisance ordinance. The pump house property was discussed. He said the employees that use that property had requested that we try the plastic strips through the chain link fence BO you could not see through the fence. They are going to clean out the things they don't use and move them to the street shop. Bruce Sutherland said he thought they needed to sterilize the ground so the weeds don't grow. They discussed a hedge and landscaping. The mayor said he would check with a landscaper about a recommendation. Glen Pond suggested that we get the landscape students at the college to look at it and give us some suggestions. RE: VIOLATION OF THE ORDINANCE WITH NON-FUNCTIONAL CARS The mayor told the council we had several people that were in violation of the ordinance with non functional cars. We have sent them a notice and they are still in violation. We have two options we can have the police site them or we could send them another letter and then the city could get someone to take the cars and bill the people in violation. The city attorney stated that we need to have a city official visit the lot owner and tell them they would have to remove the inoperable cars or the city will do it and bill the owners of the lot for the cost of the removal of inoperable vehicles. Brad Liljenquist stated that the property around the water tower needed to be cleaned up. RE: FIREWORKS PERMITS APPROVED The mayor read the fireworks permits. Lynn Webster for Broulims Parking Lot Shane & Debbie Kunz - South East corner of the Farmers Insurance Building Kings A motion was made by Bruce Sutherland and seconded by Nyle Fullmer to approve the fireworks permits. All Aye. RE: VARIANCE ON THE PROPERTY OF VERN LILJENQUIST 8:00 P. M. Public Hearing for a proposed variance to allow reduction in setback requirements for a home to be built on the following R-1 zoned property. The property is located at the corner of 3rd South and 4th East in Rexburg and owned by Vern Liljenquist. Due to a conflict of interest Brad Liljenquist left the room. 1y Vern Liljenquist gave the group some background on the request for a variance, which is in the minutes of a previous meeting. Doug Rasmussen explained the plans. The mayor told him there had been some concerns about the drainage because the roof drains toward the Eldon Anderson property. Doug Rasmussen explained there is a natural slope and by proper landscaping and rain gutter they could handle all of the moving drainage. The mayor ask about the snow drifting in the winter. Mr. Rasmussen said he didn't know, the roof would have some snow sliding. Eldon Anderson stated that he did not just want a trench there for drainage, he wanted something that will protect his property. He felt he was being pushed to the west. He didn't care which way the door faced, it should still be 20 feet from his property. He said he was giving in and wants that done. Doug Rasmussen said they would put a weave tile and a drain field along there to take care of the moisture. The weave tile is a perforated pipe with a gravel base so when the moisture hits it, it travels in the pipe down to the south or north. Glen Pond asked him if they did, would Mr. Anderson have any objections. Mr. Anderson said they would agree to it if it is done right. They want to be good neighbors. Mr. Anderson said he still thought it was too close but would go along with it. Mrs. Anderson said they also did not want an east west sidewalk. Glen Pond ask why the lot was listed to be larger than it is. Vern said it was listed as that and he did not measure it because he was buying it from people he had known all his life. He was surprised when he got his deed. Glen said his concern was why was it reported to be larger than it actually was, and hoped that this was not going on in the city with sellers reporting the wrong measurements of property more than just this case so someone isn't buying property that isn't the measurements listed. Craig Fullmer, grandson of Mr Anderson, stated we need to address the drainage problem on the West and it needs to meet the requirements for that. Glen Pond said we would put that on the building permit. RE: APPROVAL OF VARIANCE ON VERN LILJENQUIST'S PROPERTY Chuck Frost stated that the Planning & Zoning had been up and looked at the property. They felt it would be a good use for the property and recommended that in this case only they be given a variance. A motion was made by Nyle Fullmer and seconded by Glen Pond that Vern Liljenquist be granted a variance. All Aye Brad Liljenquist returned to the council room. RE: THE COMPREHENSIVE PLAN The mayor stated that the Public Hearing to amend the Comprehensive Plan would reconvene. The mayor reported that they had a work session one week ago. They tried to come up with some alternatives and were not successful. On Monday he had met with three people from the college that are in charge of grounds and talked to them about 7th South being designated as an arterial going through the college. It would take a lot of time and a lot of hearings. They doubt that we would be successful in doing it. According to their comprehensive plan they want to keep the option open on the streets through the campus until they decide exactly what they are going to be doing with the south end of the campus. The mayor reviewed minutes of previous meetings for agreements with the college. The mayor stated that on an east west right of way there is nothing through the college until you get to 9th South. Chuck Frost representing the Planning Board asked to make a statement. The Planning & Zoning has not been against Cul de sacs. Within the last month the Planning & Zoning has approved another Cul de sac that has Cul de sacs in it. They tried to proceed according to what they thought was good planning guidelines. The point they tried to keep in mind is what ever developments occur in the city need to occur according to some established rules and guidelines. All the developers who want to work around the city and create neighborhoods or industrial parks,need to have a consistent set of guidelines they can use as they develop their ground. That is the point in having a Master Plan. Master Plans don't have to be set in concrete forever. There are times when master plans have to be changed, but when it is changed it needs to have a viable alternative that solves the problem and does not compound it. The majority of the members voted twice against the proposed vacating 5th South and Shoshone, because they felt that vacating violated the long term planning that was established. Last week at the work meeting there were a lot of people there who had spent years and years of planning who felt we had better have a better alternative before we vacate any streets. Try as we could we did not find a good alternative. Planning and Zoning felt that the proposed plat contrarily abused the existing city streets. It put traffic on those streets to the determent of the existing people in the existing homes and did not contribute its share toward neighborhood arterial streets on development. They also felt that the proposed plan placed a block on the development of the land towards the east and south. Whoever owns the land east and south of there in the future, if that plat is excepted, will have to except an unusual share of neighborhood collector streets. There are other developers who have already planned their streets around the master plan, who could have some recourse. He said the city would be paying a price to vacate a plat with 30 lots and come up with a plat that has 37 lots and land for the extra lots comes out of vacated streets. It is the strong recommendation to the city council that we do not vacate the streets and if the developer wants cul de sacs that we search for an alternative that will still use the existing arterial street. We shouldn't vacate the master plan until we can find a good alternative. Glen Pond stated that the council appreciated their efforts. Greg Fullmer- Did not feel that Chuck spoke for the entire board, he thought they had come up with a split vote. Chuck said it was a majority vote both times. Also his original plat had 30 lots in it, when you take the same amount of land he has 27 lots and is cutting it down three lots. The master plat has Shoshone as being half of a road instead of a full road. Planning & Zoning also said that 5th South would also be going through to Millhollow. He also thought that 7th South is a viable alternative. He thought his plat would add to the value of Rexburg. Richard Smith- He was impressed the way the Council and the Planning and Zoning approached the situation. When he built his house that ground was platted by Velda Orgill. He had hooked up to city utilities and which ran through Velda's plat which run up Shoshone. He would have to have an easement for his utilities. Glen Pond ask Chuck Frost the way it sets now can Shoshone and 5th South meet without affecting Richard Smith's property. Chuck said it could because 5th South is platted on Velda Orgill's plat going to Shoshone. If someone developed to the East they would be responsible for the other half of Shoshone. Nyle Fullmer- He had really struggled with this issue. In the last few days he did not feel good about making a decision that would lock us in. It would be a nice plat and a nice place to live. He did feel that he had an obligation to try and look beyond the thirty home owners and how the decisions we make will effect those thirty to forty home owners down the road and the people who live to the south. He did not think we had given us enough time to make the decision. He did not think he could vote to close 5th South and Shoshone. He felt there were options to change Craig's plan to accomplish a lot of what he is trying to do and still compromise to try to help the city. Brad Liljenquist- He agreed with a lot of what Nyle said and his concerns. He ask Greg if we don't abandon the street, could the council help him make a nice development. Brad said he would not recommend that we close any streets. RE: MOTION PASSED TO NOT CLOSE 5TH SOUTH AND SHOSHONE A motion was made by Glen Pond and seconded by Bruce Sutherland based on the recommendation that the Planning & Zoning made that we not close 5th South and Shoshone that we leave the plat as is. All Aye RE: RESOLUTION PASSED TO PROTECT NON-VIOLENT CIVIL RIGHTS DEMONSTRATORS Mayor Boyle read a resolution to adopt a policy prohibiting the use of excessive force against non-violent civil rights demonstrators. (copy on file) A motion was made by Bruce Sutherland and seconded by Brad Liljenquist to pass the resolution. All Aye RE: REPLACE BEVERLY HERDIE'S SHRUBS Bruce Sutherland stated that Beverly Herdie called him. When the 2nd East project was done they had ripped up some of her shrubs. Mayor Porter had told her the city would replace them. The council advised that the city take out those shrubs and replace them. Nyle Fullmer stated that Doug Ricks had talked to him about putting in a light behind his building. The council told Nyle to check on it. The new business license was discussed. It was decided to have the next city council meeting on June 27 at 7:00 A. M. because of the AIC Meeting on June 20. A motion was made by Glen Pond and seconded by Nyle Fullmer to approve the bills. All Aye Meeting adjourned. City Clerk, Ros agl Mayor, Nile L. Boyfe z 1 CITY EXCESSIVE FORCE POLICY RESOLUIION NO. # 61390 A RESOLUTION OF THE CITY COUNCIL OF Rexburg , IDAHO, ADOPTING A POLICY PROHIBITING THE USE OF EXCESSIVE FORCE AGAINST NON-VIOLENT CIVIL RIGHTS DEMONSTRATORS. WHEREAS the Congress of the United States has passed the Armstrong/Walker "Excessive Force" Amendment (P.L.101-144 section 519) prohibiting the use of excessive force by a local law enforcement agency against any individuals engaged in nonviolent civil rights demonstrations within its jurisdiction; AND WHEREAS the City of Rexburg_ has received a Community Development Block Grant and is required to comply with the Armstrong/Walker "excessive force" Amendment; AND WHEREAS the use of excessive force against demonstrators may cause the CTIY to lose its grant or eligibility for future federal grants; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY CF Rexburg ,DAM SECTION 1. It is the POLICY of the CITY that excessive force by local law enforcement agencies shall not be used against individuals engaged in lawful and non-violent civil rights demonstrations within the City boundaries. SECTION 2. The City Council directs the Police Chief to implement this Resolution by amending applicable police department procedures. PASSED BY THE CiIY COUNCIL, C11Y OF Rexburg 'EMM. DUE June 13, 1990 Mayor aw-14/CityExcessiveForcePolicy