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HomeMy WebLinkAbout1991.07.17 CITY COUNCIL MINUTES1' MINUTES OF THE CITY COUNCIL MEETING 07/17/91 7:OOa.m. ~ ~~ State of Idaho) County of Madison(ss City of Rexburg) Present were the following: Mayor: Councilmembers: Excused: Nile Boyle Nyle Fullmer Darlene Petersen Farrell Young Glen Pond Brad Liljenquist Bruce Sutherland Also Present Pledge to the flag. Rose Bagley, City Clerk J. D. Hancock, Attorney Richard Horner, Treasurer A motion was made by Glen Pond and seconded by Nyle Fullmer to approve the minutes. All Aye RE: NATURE PARK ROAD - RIGHT OF WAY THROUGH HYRUM CONRADS PROPERTY Hyrum Conrad of 268 Marianne was at the meeting. He lives right where the road would go into the Nature Park. His concern is the extension of the right-a-way through his property. Mr Conrad said his deed does not show a right-a-way. The plat shows an easement. Mr Conrad owns 120 feet back and he plans to build a fence. He was concerned that the street would be extended with a parking lot. He has no interest in putting a road or a parking lot on his property. The mayor said we would find out and get in touch with him. RE: LID HEARING SET The mayor said we need to set the LID Hearing. A motion was made by Glen Pond and seconded by Darlene Petersen to set the LID Hearing for Tuesday, August 6 at 7:00 P. M. All Aye CONCERNS WITH LID #27 AND WIDENING OF MILLHOLLOW ROAD Some people from Millhollow Drive were at the meeting to discuss the LID even though it is not the Legal Hearing. Roger Mc Pheeters acted as spokesman. Mr Mc Pheeters lives at Lot 1 and 2 on Millhollow Drive. They have concerns about widening the road and that it would enhance the traffic pattern. They felt it might tend to split the neighbors because there is landscaping and fence on the east side of the road making intrusions on the right-a-way. On the west side of the road their lots are bigger and they have held the landscaping back. He stated the negative thing is the city is not addressing the drainage coming down that road. He said the improvements would not benefit the people that live on the road only the people from above that use the road. The residents on lot 1, 2, and 3 are exposed to the assessment that was filed against Shoshone. Twelve homes on Maple Drive, facing Maple and Millhollow did not have to pay an assessment. No one parks on Millhollow, so the road isn't as narrow as it appears to be. They had a concern about the traffic in the morning and in the evening. In the evening between 6:00 P. M. and 8:30 P. M. the traffic is faster. The mayor said he had the police go up and run a traffic count. If they go in a marked vehicle it slows the traffic down, but in an unmarked vehicle the traffic does not slow down. The highest was 52 mph north bound. The predominance is between 36 - 40 mph. The road is marked for speed control. Roger said if it is widened it will make a speedway. He thought we should take part of the Millhollow traffic and route it over to Shoshone, and widen Shoshone out and put a stop sign. l~ ~ The mayor said the problem we are faced with is we have been warned that the street is narrow and encroached upon by landscaping that makes it more dangerous. We felt we need to do something for safety sake, and a curb and gutter would help. What ever we do we need to get some of the encroachment off the street. Mr Mc Phetters felt it should be tabled until the drainage problem could be solved. Steve Meyers - asked if the reason we need to put it in is because of the encroachment. He asked the cost - John Millar said it would be about $25 a square foot. Discussion on why the city wants to be widened. Bob Ward said they have a natural drainage without curb and gutter. The road is strictly for travel not parking. The mayor told them to come to the hearing on August 6. Steve Mack asked about the process of an LID - do the homeowners have to approve it. The mayor said the council has the right to impose an LID for safety reasons. There will be a hearing. Mr Mc Phetters said he had called everyone, and everyone was opposed to it except Mrs Packer. RE: DISCUSSION OF AIRPORT BOARD REPRESENTATIVE Kent Jolley was a representative for the airport board. We need to replace him. Gerald Taylor had recommended Steven Terry. Nyle said he would like to discuss it with Gerald prior to the appointment. Glen Pond felt we should wait. We will recess the meeting today and decide tonight. The mayor told the council that when we have a Public Hearing we would encourage them to park along the specified parking places for city employees. RE: SOLUTION TO PROBLEMS WITH CHIP COATING ON STREETS DONE IN 1990 There are problems on the streets we did last year on the chip coating. John Millar stated we seal coated approximately 21 - 22 blocks. We used the same material we have used for years. The construction of the seal coating seemed to go fine. During the winter a good portion of the chips came loose especially on Millhollow, Center Street and on some of the the other streets. We have tried to get something resolved. The specifications are the same as has been on 90~ of the streets in the city. We suspect it is a problem of the oil. To qo back on the oil company you would spend a lot of time in court. He had worked up a tentative deal with H & K. They will do the labor and supple the chips and do the seal coat, the oil company will provide the oil at cost. There is 10 1/2 to 11 blocks to be re-done. The cost to the city would be approximately $13,000, the original cost was $75,000. The mayor said it has to be done. Nyle said if we don't do it now it will cost more later. John said they had recommended a different asphalt. A motion was made by Nyle Fullmer to go ahead and get it done if we have the funding. Seconded by Darlene Blackburn. All aye. RE: PROBLEMS WITH SET BACKS ON GERALD TAYLORS HOUSE On Planning & Zoning we have a problem with the set backs on Gerald Taylors house. We have a letter from Gerald Taylor. (on file) Mr Taylor said he had torn out the foundation and moved the north end of the garage back. It is still out of compliance by 3 1/2 feet. This was a compromise that the planning & Zoning and council and Taylors came up with. Glen said in defense of the Building Inspector, he was there to make sure it was built to the UBC and it is the builder and owners responsibility to make sure it meets set backs, that is not necessarily the job of the building inspector; he is to make sure it complys with the building codes. The mayor felt the building inspector was responsible to check the set backs. J. D. Hancock thought Gerald should go back to P & Z to make a formal application, because he had not made a formal application for a variance. John Millar told the council we can't give a variance because it doesn't meet the i~~ requirements, He created his own hardship and one problem is that no one knew where the property lines were. The original plan for the house had a 35 foot set back and when they changed the plan, the set back changed. Glen said it should have been his responsibility to bring in the changed plan. The mayor said the only thing we can do is to make him tear the house down and move it or go with this compromise. The mayor said Gerald has been told if he sells it he might have a problem. We need to let him know he is still in violation but we will not make him move it and there might be a potential problem if he sells it. RE: DISCUSSION OF STORM DRAINS AND LID ON MILLHOLLOW J. D. Hancock ask John Millar if the storm drains will be addressed on Millhollow. John said intent was to continue it north down to the catch basis. The mayor said curb and gutter will improve the drainage, because it will keep it in the curb. John said there are numerous problems on the hill; it would be best if we could intercept that water and go down on Palmers with the water. He was not sure if legally we could take it on to Palmers. We would probably put cross drains in on the little roads that go in on Millhollow. The mayor asked the council if we will pursue Millhollow if all the people are against it, or if we should drop it now and not have him do all the engineering. Glen asked if it was a safety issue, and apparently the home owners don't feel like it is a safety issue. Are we doing it for the farmers on the bench or the citizens as a whole? Nyle said the biggest safety issue ie the property of Andersons. Maybe we could resolve the whole issue if we could get Andersons to pull back of the set back. They could eliminate the landscaping that they have encourched on. Glen said if the homeowners don't want it and it isn't a major safety issue we don't need to do the LID on that street. The mayor said his feeling is we are doing it for ourselves. We have been warned that it is a safety issue. The mayor suggested that we don't have the engineering done at this time and tell Anderson's they will have to move back. John Millar suggested that we sign the street for no parking. Glen Pond said one thing we are missing is Bruce isn't here and he is over the streets and the safety committee. The mayor said we could drop it at the first hearing. We also need the feeling of Brad. John Millar advised that we postpone it but not drop it. RE: RESOLUTION 91-6 - IMPROVING CERTAIN STREETS, DRIVEWAYS, ETC. J. D. Hancock read a Resolution 91-6 declaring the intention of the city to cause certain streets to be improved and reconstruct certain driveways, sidewalks and curbs and gutters, and storm sewer areas provided by John Millar. The estimated cost is $240,000 of which $55,000 will be paid by the city and $185,000 will be born by the property owners. (on file) Proposing that a Public Hearing be held August 6 at 7:00 P. M. A motion was made by Nyle Fullmer to approve the resolution and seconded by Darlene Petersen. All Aye RE: RESOLUTION 91-5A - ADOPTING JOINT ELECTION REGISTRATION WITH MADISON COUNTY J. D. Hancock read Resolution 91-5 adopting joint election registration with Madison County. (copy on file) A motion was made by Glen Pond and seconded by Farrell Young to except the resolution. All Aye RE: READING & PASSING OF ORDINANCE 713 PERTAINING TO ANNEXATION OF WALKER PROPERTY FOR A NEW SHOPPING CENTER MALL J. D. Hancock read Ordinance 713 proposing annexation for lands to Rexburg, concerning the new Mall on the Walker property. This is contingent to the sale of the property. It will be zoned as HBD since the closing isn't until September when the new ordinance will be in effect. All the legal Public Hearings have been held. ORDINANCE NO. 713 AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF REXBURG, IDAHO; DESCRIBING SAID LANDS AND DECLARING SAME A PART OF THE CITY OF REXBURG, IDAHO; AND AMENDING AND CHANGING THE ZONING MAP OF THE CITY OF REXBURG, :; IDAHO, AND THE MADISON COUNTY-REXBURG COMPREHENSIVE PLAN 2000 TO SHOW SUCH ANNEXATION AND THE CLASSIFICATION OF THE SAME UNDER THE ZONING ORDINANCE OF THE CITY OF REXBURG, IDAHO; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECT. A motion was made by Nyle Fullmer and seconded by Darlene Petersen 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 713. Those voting aye: Nyle Fullmer Glen Pond Darlene Petersen Farrell Young Those voting nay: None Absent: Brad Liljenquist Bruce Sutherland Ordinance 713 was then placed before the council. The mayor then called for the voting for final passage of the ordinance, and the motion was made by Darlene Petersen and seconded by Nyle Fullmer that ordinance 713 be passed. Those voting aye: Farrell Young Bruce Sutherland Darlene Petersen Glen Pond Those voting nay: None Absent: Bruce Sutherland Brad Liljenquist The roll showed all councilmen present voting "Aye" carried, the Mayor declared that the majority of all the members of the City Council had voted for the passage of said ordinance, and that said ordinance was duly and regularly passed. Mayor Boyle declared the motion carried. RE: NEED FOR DRUG POLICY IN OUR PERSONNEL MANUAL The mayor said in our personnel manual we don't have anything clear on a drug policy. He had a copy of a policy he turned over to the Personnel Committee to review. RE: BUILDING INSPECTOR Glen Pond reported on the hiring of a Building Inspector. He reported we have about 20 applications and narrowed it down to 4 applications. We will interview them on July 25 at 5:00 P. M. We have extended the date for them to complete the certification to August 15. If they are not certified by then they will be off the list. RE: A DISCUSSION ON THE COST OF LIVING INCREASE A discussion on the Cost of Living Increase. Richard Horner reported on the U S figures - the North West cost of living is higher. The last twelve months the U S cost of living was 4.9. Last year we put it at 4$. The council suggested that we set it at 5~ and see how it affects the budget and see if we need to go down to 4~. RE: CLOSING OF WEST BOUND LANES ON MAIN FOR UPPER VALLEY INDUSTRIES Corey Bonard from Upper Valley Industries was at the meeting. On August 10 they will have their annual Barbecue and request to close the west bound lanes from 2nd East to 3rd East on Main from 11:00 A. M. to 4:00 P. M.. They will have a helicopter land. A motion was made by Glen Pond and seconded by Farrell Young to allow them to close the west bound lane on main street that day. All Aye. Corey also reported on the recycling. They are working on getting plans together on segregated bins. Mayor Boyle reminded the council to come to the Public Hearings one that night at 7:00 P. M. and on August 7 at 7:00 P. M. f RE: APPROVAL TO PURCHASE THE UNIVERSAL ARM FOR THE NEW GARBAGE TRUCK The council discussed purchasing the Universal Arm for the new garbage truck. The additional cost would be $2500. If we go to the large cans for apartments and businesses. A motion was made by Nyle Fullmer and seconded by Darlene Petersen to approve the purchase of the Universal Arm. All Aye RE: WAYNE LOOSLI COMPLAINS AGAINST DANCE STUDIO AT BRAD LILJENQUIST'SRESIDENCE Mayor Boyle said Wayne Loosli came into the city hall to complain about the dance studio at Brad Liljenquist residence. He told the mayor the only reason that nothing has been done is because Brad Liljenquist is a personal friend of the mayor so nothing is done. The mayor said he trys not to show partiality to anyone. As the mayor understands it under our ordinance if they are not charging it is not a business. Possibly he is taking contributions, but we don't know that for sure. In the new ordinance they can teach up to six students twice a day. Wayne said if the Protective Covenants committee does not enforced it the city does need to enforce it. The council was against that. The council felt we need to send a letter to Mr Loosli telling him we have no evidence they are taking money for the lessons and tell him what the new ordinance says and that it is what a lot of other cities are doing about home businesses. The council felt that if he is questioning the integrity of the mayor and council, we need to talk to Shelley and check with the students to see if any money is being paid for the lessons. RE: DISCUSSION OF TIMING ON TRAFFIC LIGHTS The council discussed the traffic lights. They all felt there was a problem because it takes too long to get through the light. The mayor said the State would come up and meet with us. RE: QUESTION ON THE BILL FROM DIRT Nyle Fullmer made a motion to pay the bills. Glen Pond said he would question the bill from DIRT until we have a tax number. Richard Horner said he would check it out. Glen seconded the motion with the exception of the bill from DIRT. All Aye. A motion was made by Glen Pond and seconded by Nyle Fullmer to recess until 6:50 P. M. tonight. All Aye Meeting re-convened at 6:50 P. M. Those Present: Mayor: Nile Boyle Council members: Darlene Petersen Nyle Fullmer Farrell Young Also Present: Rose Bagley, City Clerk Because of lack of a quorum no decision was made on the appointment to the airport board. Meeting adjourned. Nile L. oyle, Mayor i Rose Bagley, City er