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HomeMy WebLinkAbout1991.05.15 CITY COUNCIL MINUTESCity Council 05/15/91 7:30 p.m. State of Idaho) County of Madison) City of Rexburg) Present were the following: Mayor: Nile L. Boyle Councilmembers: Glen Pond Brad Liljenquist Farrell Young Bruce Sutherland Nyle Fullmer Darlene Peterson Also Present: J.D. Hancock, City Attorney Excused: Rose Bagley, City Clerk Janet Williamson was present to take minutes in the absence of Rose Bagley. Pledge to the flag. A motion was made by Bruce Sutherland to approve the minutes with one change, to put Bruce Sutherland instead of Bruce-Fullmer. Also Glen Pond made a motion to add his name to the minutes because he was there. RE: INFORMATIONAL HEARING CONCERNING CRESTHAVEN DRAINAGE PROBLEM Informational Hearing: Cresthaven informational meeting; drainage problems.Mayor explained the problem of where water run-off gets under the curb and undermines the curb and streets. Some have made corrections and may be asked to do them again because their run-off may effect their neighbor. It has always been in the ordinance that the property owners are responsible for the run off. Another problem now is the run off to Ricks College and Argus Clingers Home. We had to come up with a plan to take care of getting the water from the street over to the College property and at the same time the College saying you can't dump it there without a contingency plan to carry it on so that it doesn't ruin their agricultural experiments. Several ways of funding that have been discussed and an engineers estimate was made and it looks like it would be about $61,000. We have proposed obtaining an LID with a charge to every lot in the sub division. The plan includes two catch basins down by Doug Ladle's and by Argus Clingers, 1400 foot of 15 inch storm drain, 1,000 feet of 18 inch storm drain and 4 manholes for cleaning out. It would be piped down the Ricks College property and back to the north and then the College has agreed to give us about 1 acre for a detention pond and it would go into that pond. Carol Ladle - 910 Westwood, asked how much each homeowner would be assessed. The Mayor estimated about $500 including empty lots not already developed. If it goes on an LID you could pay on it over about 15 years. She went into the history of her home and some of the neighbors and the many times they have already repaired theirs. Her concern is: even though they were guaranteed in 1986 it was totally solving the problem, how is this going to totally solve the problem when before they said it was? John Millar said they were two separate issues. The storm drain that the $61,000 is for will not cover driveways and sidewalks. The curb and gutter is the property owners responsibility and the City will go 1/2 on the sidewalk. When she asked if the road was going to be totally redone John said the damage was mostly to the curb and gutter. Susan Porter 135 Crestview, stated some history of her property and strongly feels that the water is seeping into the road long before it gets to the curb and gutter. She asked why the developer doesn't have a part in this if the City approved the sub division? She sees alot -`° ~'` of damage and deterioration to her sideways, driveway, and home. She feels the storm drain down the street from her, that she would have to pay for, would be of no benefit to her. John Millar said he couldn't see any area where the road is caving in. He feels most of the water is coming down the curbs. Rich Woodland - 145 Crestview, said his property has had 2 sets of curb and gutter. This Summer the City dug up the curb by his home and he noticed there is expansive clay underneath. Each time there is any work done there is no base put in over this clay and it causes the sidewalks and curbs and roads to swell and crack. He strongly feels the base under the road and sidewalks needs to be replaced before the problem can be solved. Rich took a poll of the residents on Apache where they just did extensive road and sidewalk repair, laying it once again over this expansive clay, and they all said yes, the sidewalks were tipping up and cracking again. If we can't do this right the first time how can we afford to do it a second time...and some of these good people have already done it and paid for it out of their own pocket. Farrell Young asked Rich what his solution would be. He said the City needs to fix the street right with a good base underneath and we won't have to keep replacing curbs and sidewalks. Randy Schwendiman - 940 Greenhaven, agrees with everything that has been said and would like a study to be done to show how best to pick up the run off water and do the streets right with a good base underneath. He is in favor of fixing the whole project right. Argus Clinger - 65 Crestview, said his main concern is when the water gets to the end because he is below there. He hopes they will put in a big enough drain to handle the developing section if it is fully developed because there will be other roads put in there. Dale Thomson asked if the plan included the land south of Cresthaven that has been proposed to be developed but has never had a plan. The Mayor said no it does not. They came in this Spring and they were told they need a plan to handle the run off and they haven't come back. Chris Mix - 175 Crestview, proposed that we look at putting the storm drain all the way from the top of the sub division to the bottom so that we are collecting from the dry farm and from 2nd East. She would also like to propose that we have John and others that would be qualified come and look at the problem. Joseph West - 125 Crestview added his support to former views and would like to put up money now to do it right and not have to do it again. It was asked how much it might cost to do a section of road that size and the Mayor said they had just bid a 2 block section that would cost $80,000 just for road no curb and gutter, etc. Dale Thomson - 950 Westwood said he was concerned about the base underneath the sidewalks and road. He asked if any test holes have been drilled to see if there is a hollow area and John said no. Dale would like to see a little more information and do it right this time. The Mayor stated this was an informational meeting only and they would have other chances to decide what to do and which direction to take. We have an agreement right now with the College to put in the catch basins and pipe the water over to the edge of the College property and they have allowed us to do that with the stipulation that that is not the end of the problem. Roger Sullivan - 105 Crestview felt that it would be cheaper to put in the storm system at the same time as the road is fixed. The dip by Holmans is serious and the streets need to be fixed. John Millar wondered if there was enough concern with the property owners along Crestview, if an on site review with property owners would be in order. Everyone agreed that this would be a good idea. !~l Hettie Brown - 115 Crestview asked if they were going to go ahead and fix the problem by the Ladles so that Shaw can start building and there would be a mess and then go back in and do the roads and the whole job the right way? John said there would be very little tear-up for the drainage project. Blaine Shaw - 234 W. 1st S. proposed that they extend the road on down to 5th West by the storm drain. He also asked how Argue Clinger was able to build without any curb and gutter? Mayor said Argue wasn't in the City he was in the County and there is no buffer zone at this time. RE: SETTING UP AN ON-SITE REVIEW WITH CRESTVIEW HOMEOWNERS Mayor Boyle proposed that we set up a time and have the city engineer and a couple of others in the council and meet with every homeowner along the street and see the problems of that area. Homeowners wanted it done immediately before any work on the drain line was started. RE: LID IN MILLHOLLOW Sally Smith - 285 Shoshone said she had heard there would be an LID in Millhollow and asked if they have already put in curb on Shoshone will they be assessed on Millhollow? It was determined if it was useful it would be assessed. Any work in Millhollow is merely preliminary right now. RE: LACK OF SIDEWALKS IN SOME AREAS OF THE CITY (LAURIE FRANCIS) Mayor Boyle read a letter from Laurie Francis - 158 N. 1st. E. She is concerned about the lack of sidewalks in areas of the community where children are walking to and from school. (Letter enclosed at end of minutes). RE: PUBLIC HEARING AMENDING THE COMPREHENSIVE MASTER PLAN (NEW NATURE PARK) Public Hearing amending the Comprehensive Master Plan. No discussion. A motion was made by Bruce Sutherland and seconded by Nyle Fullmer to amend the Comprehensive Master Plan. All aye. RE: GREENBELT BY THE NEW PARK There was some discussion on a Greenbelt. Bruce Sutherland made a motion and Nyle Fullmer seconded it that we direct planning and zoning to study a Green Belt at the new park. All aye. PUBLIC HEARING FOR A ZONE CHANGE NORTH OF HARMONY HOUSE Public Hearing for zone change north of Harmony House. (137 S. Center) Jay Fluckiger - 464 E. 450 S. handed out a sketch of the property and explained it. The piece of property is 66 feet wide and borders the Crest Apartment house on the north. They would like to have it zoned R3. The plan is to not change any of the lighting in the parking; not change any of the green belt on either side of the fence between Harmony House and the existing house; and then probably east and north of the whole structure will be necessary for parking. They would like to limit access to that by having as narrow a road in front of the building as is practical. In view of the concern about the noise, Jay said most of the activity is in the center of the building or south of the campus. He said they would make it as insulated as possible and proposed building an 8 foot wall between them and the rental property next door. He discussed with planning and zoning having a variance for parking, even though he has enough parking now, so that he could put in a green belt along the whole front of the property. Mayor Boyle asked if the planning and zoning had approved it and John Millar said they had, but not with 8 foot wall.. 6 foot wall only. J.D. Hancock asked who was the deed of owner to this property at this ~~ time and Jay said it is still in estate and they were ready to close in the next 10 days. Brad asked who was handling that estate. RE: BETTY FULLMER CONCERNED ABOUT HARMONY HOUSE - PARKING ON CENTER ST Betty Fullmer - 113 S. Center feels her home is being devalued. Harmony House is increasing his income and decreasing hers. She was very concerned about who will provide visitor parking at Harmony House. The whole street is a mess. There is the Post Office, Dr. Mortensen, a beauty salon, a day care center, The Stitchery (has no parking), and all the overflow from the college. She feels the City Councils job is to make the Post Office as accessible as possible. Brad asked Jay if he has provided for his tenants and he said yes. Glen Pond said Jay has met zoning ordinance and she still feels he should have to provide for visitors. Glen asked when the petitions went around again what was the percentage was and the Mayor said it was above the 80~. RE: MOTION PASSED FOR ZONE CHANGE NORTH OF HARMONY HOUSE Brad Liljenquist asked if this was the last hearing and then made a motion that we go with what planning and zoning has recommended and approve the zone change. The motion was seconded by Darlene Peterson. All aye. RE: CITY COUNCIL SUPPORT OF NPR Mayor Boyle told the Council there was a testimony tomorrow in Idaho Falls an the ~ew wear Production Reactor. Several people have asked how the Council feels about it. "J" Wixom said the Chamber of Commerce approves it. The Mayor says it strengthens the economy in the whole area. Nyle Fullmer moved that the Council support the NPR. It was seconded by Bruce Sutherland. All aye. RE: BIDS ON GARBAGE TRUCKS AND CONTAINERS Mayor Boyle read the bids for the new garbage trucks. They were: Vickers Co: - $111,885.00 and Idaho Peterbilt - $110,508.00 and Farrell was checking the see if they met all specifications. One the containers they have 4 bids: $71.35, $62.59, $61.40 and $59.60. The low bid was $10 less then what was expected. (90 gal. container) The truck will empty all sizes of containers with the universal arm. Also opened a bid for crack sealing and the low bid went to Asphalt Maintenance of Idaho Falls who did it last year. We will do as much crack sealing as possible with the money that is set aside. RE: MORE CHECKING INTO LOW BID ON GARBAGE TRUCKS Bruce Sutherland made a motion to accept the low bid that meets the specifications. After some discussion of the two trucks that got the low bids Bruce withdrew his motion. More checking needs to be done into the truck that got the low bid. RE: FIREWORKS PERMITS Fireworks permits were approved for Pyrodyne American Corporation c/o Ned Sweat to be set up at Diet Center lot and Brolims Market - 57 W. Main. Also for John and Madelyn Banner to be set up at corner of Main and 2nd West. Nyle Fullmer moved to approve these permits and Darlene Peterson seconded it. All aye. RE: EXTENSION OF CLEAN UP DATE The Council decided to extend the Clean up to June 15, 1991. RE: RESOLUTION 5-91 (WASTEWATER GRANTS) Resolution Number 5-91 - A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF REXBURG, IDAHO, AUTHORIZING THE MAYOR OF THE CITY OF REXBURG TO SIGN ALL APPLICATIONS, GRANT AGREEMENTS AND AMENDMENTS, AND OTHER DOCUMENTS RELATING TO WASTEWATER FACILITIES PLANNING AND CONSTRUCTION GRANTS.Sewer grant resolution discussed. Bruce Sutherland made a motion to pass the resolution and Nyle Fullmer seconded it. All aye. (Resolution on file.) RE: ROAD PROJECT WITH H & K / PUMPHOUSE LANDSCAPING / CAROUSEL PASSES Brad Liljenquist had 3 questions. How are we coming on our road project with H & K? Letter has been submitted, not answered, will call tomorrow. (John Millar). What is happening on the landscaping on the pumphouse? Nothing yet. Local businessman has called him about being about to pay the salary of the carousel operator so he can hand out free passes. Council recommended that he get with Clair Boyle of Parks and Recreation and discuss it with him. RE: TREE TRIMMING AT INTERSECTIONS AND PURCHASE OF TREES FOR 2ND E. Trees need to be trimmed, especially at 3rd S. and 3rd E. Bruce Sutherland brought up that we still have about 6-7 trees that we need to have replaced on 2nd East. Mayor asked Bruce to get with Farrell and take charge of getting it done. RE: SUGGESTIONS FOR SAFETY COMMITTEE VACANCIES Bruce asked for some input on some people for the Safety Committee. There are 2 vacancies on the committee. Nyle Fullmer suggested Susan balling. RE: SIDEWALKS IN AREAS THAT HAVE NONE Brad Liljenquist asked how we can go about getting sidewalks in places that don't have them like Mrs. Francis letter addressed. Mayor asked the Safety Commission to come up with some suggestions. RE: ZONING AND BUILDING INFRACTIONS OF BIRCH PLAZA - 2ND S. 1st W AREA Jeff Newman - 226 S. 1st W. has a real concern about the zoning between his property of Brickenridge Apartments and Carriage House. 2 houses have been torn down there and Birch Plaza is being built. He is concerned about the right-of-way. He owns 2 feet outside his property - he has an easement from it - 12 and 1/2 feet. Half of 1st West is zoned residential and the rest (the back part) is zoned commercial. Under that status he feels there has been an encroachment by the builders on the easement. The garbage truck has a hard time getting through and so will the people that live there. The part he was talking about is residential. The law says he should be 5 feet back from the easement and another 2 feet for the eaves. Right now they are building right on the easement and the eaves will hang over that 2 feet into the driveway. The builders seem to have no concern over who will care for that. He listed many problems they are having with the construction, mud, piling dirt on their property, construction vehicles blocking their driveway, etc. Back to the easement problem, the easement is there for getting in and out but he (the builder) does have to take care of the run off. J.D. Hancock said the easement is an extension of the property line. Mayor said Dean Birch agreed to put in 3 drains and Jeff said they are not going to do that now. J.D. pointed out that any agreement that Jeff and Dean come to needs to be put down in black and white. Nyle asked if we should allow the construction to continue. John Millar said there has been no approval from planning and zoning on that property for Dean Ricks. Nyle felt the Council needed some guidelines from J.D. and they need to stop the builder if he's wrong. Planning and zoning didn't know about the easement even though the plans were approved by the plan checker but the builder is still responsible to maintain his own set backs. Mayor Boyle said we will put a stop building on it in the morning until Jeff and Dean work out and agreement. No construction can go on until an agreement is reached. RE: MOTION TO PASS THE BILLS I~ 1 Darlene Peterson moved to approve the bills and Nyle Fullmer seconded it. All aye. RE: MOTION TO GO INTO EXECUTIVE SESSION Bruce Sutherland moved to go into Executive Session. It was seconded by Glen Pond. ~~ MAYOR, NI E L. BOYL ;'7 ROSE BAGL Y, CITY C