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HomeMy WebLinkAbout1991.08.07 CITY COUNCIL MINUTESl /~ City Council 08/07/91 State of Idaho) County of Madison(ss City of Rexburg) Present were the following: Mayor: Nile Boyle Councilmembers: Glen Pond Brad Liljenquist Bruce Sutherland Nyle Fullmer Arriving at 8:00 P. M. Farrell Young Leaving at 8:40 P. M. Darlene Petersen Also Present: Rose Bagley, City Clerk J. D. Hancock, Attorney Richard Horner, Treasurer Members of Planning & Zoning. Planner, Ranae Magee A motion was made by Bruce Sutherland and seconded by Darlene Petersen to approve the minutes. All Aye RE: TESTIMONY OF PEOPLE WHO ARRIVED EARLY FOR PUBLIC HEARING The mayor stated that the published Public Hearing will not start until 8:30 P. M. but we will hear testimony from those people who have ~-. arrived early and do the regular business of the city council prior to the Public Hearing. Robert Lee - 1330 Barney Dairy Road - He was representing the Golden West Pension Fund. They bought 6 acres just off of 2nd West between 5th South and 6th South at that time it was zoned and has been zoned commercial since that time. They had bought that property in anticipation that there would be a feeder across town on about 11th South or 9th South. This road would be an access point into Rexburg. The new proposed zoning is for that area to be changed to HDR. They have no problem with the proposed zoning on the west side of 2nd West to HDR, but on the east side they felt it should be left for commercial development of professional overlay, so there could be some professional offices that could serve the nursing home and other similar type businesses. That would be across from the nursing home and down. Ranae discussed the use of the professional overlay. Grant Bowen - 3366 West 3800 South - Our property extends up from the Lee property and he has the same problem. He would like to have it left as commercial. He goes to 7th South on the East and West side. Keith Steiner - Representing Madison Memorial Hospital - In reviewing the proposal, they have concerns with the zoning for the hospital. It has been put into LDR1. Prior to this they were in a residential classification. He had a difficult time with the definition of hospitals on page 17. He said they are one of the. third largest employers in the city and the county. The thing that is misleading, is that the hospital is in the residential zone. He asked if the hospital could be given a consideration for a zone classification. He stated that it was very much commercial, very much to be considered for second story structure, with the parking and expansion needs. He asked for a review of it and clarification. John Millar said it is the same situation as schools and they haven't set up a special classification for each one of the users that are allowed in a conditional use in a residential area. One thing the board would prefer not to do is set up the hospital area that would allow large modifications without the board and the city council i;°~' L, reviewing it. Any major modifications will have to go before Planning & Zoning. Glen Pond stated if we have a hospital district and we out grow the hospital and have to build a new one, will that cause a problem with that existing building for something different than a hospital. He could see what happened in Idaho Falls. All of a sudden they are out dated and forced to do something else and move a facility. Would we cause ourselves a problem. Mr Steiner said he had the most problem with the section that describes the hospital zone. Glen said if there isn't a classification in the zoning it could go any place under a conditional use permit. John Millar said we would review it at the work meeting. City Council Items of Business: RE: REPORT FROM PLANNING AND ZONING Glen Pond reported on the Planning & Zoning meeting on July 31. (1) The planning reviewed a site plan for the new shopping center. (2) Mr Cramer discussed property on South 2nd East and asked them to consider it when they did the zoning ordinance because he is land locked with his property. (3) A request for some parking at 115 East 1st North for some parking for a home being converted for student housing. A neighbor came in that was concerned about college housing going in that area. It was zoned properly and there was nothing we could do about it because it was a permitted use. (4) Proposal for a 9 plex apartment for Randy Landon, a petition was taken around. The request was for the property to be changed to R3 from R2. The petition shows about 10 against and about 25 for the zone change. He was told he would have to put a wall or a fence between him and the residential property. A recommendation from the planning & zoning was made that the zoning be changed from R2 to R3 with one opposing vote. Under the new ordinance it would be HDR. RE: MOTION PASSED TO HAVE A PUBLIC HEARING FOR RANDY LANDON WHO IS BUILDING A 9-PLEX Randy Landon was at the meeting. He said he was in the process of acquiring the property adjacent to it, the Apolo Apartments. By doing that they would have access two ways into it. So the railroad easement isn't as needed as before. We will have three accesses to the property. They are building it for young married housing. A motion was made by Bruce Sutherland and seconded by Nyle Fullmer to proceed with a public hearing to change the zone from R2 to R3. All Aye. RE: CONDOMINIUMS NORTH OF NURSING HOME BUILT BY BLAINE SHAW The next item is a proposal from Blaine Shaw for some condominiums to be built north of the Nursing Home. There were some questions on the drawing, whether the final plat could be approved. He brought the plat back in to a Planning & Zoning meeting tonight before the start of city council and they recommended that we accept the plat. RE: MOTION PASSED TO ACCEPT THE PLAT FOR THE CONDOMINIUMS PRESENTED BY BLAINE SHAW. A motion was made by Nyle Fullmer and seconded by Darlene Petersen to accept the plat for the condominiums presented by Blaine Shaw. All Aye. RE: RICKS-WADE ADDITION RESIDENTS AGAINST MARIANNE ST. BEING EXTENDED Terry Conrad was at the meeting to present a petition from the residents of the Ricks Wade Addition stating that they do not want Marianne Street to be extended into a parking lot for the proposed park that is going to be built behind the Ricks Wade addition. They felt it would be a traffic hazard to come down through the neighborhood. There ' ~~ ~l f are 190 children in the neighborhood. They do not want the increased traffic. Mayor Boyle said it is probably a mute point until we get an acceptance on the grant. He did not feel there would be much traffic, there will only be six parking spots and a picnic table. If we get the approval we will have a hearing and go from there. He said if the grant does not pass this year, he would not go to Boise next year to try to get a park there. He said if the neighborhood does not want it we would just go with the Nature Park. Mrs Conrad said we want the park but not the traffic. Jim Long asked - do you want your sub division fenced so all those little kids can't get to the park. Mrs Conrad said we don't want the increased traffic. Jim said it sounds like you are saying you don't want to let anyone in, so all your kids can't get in either. Brad Liljenquist asked her if the race track was used much, where 5th West is blocked off. Mrs Conrad said she did not think it was. RE: MEETING CHANGES Mayor Boyle reminded the council that the next regular meeting would be on August 20 instead of August 21. We will have a meeting on August 14, for a work session on the budget. The AIC annual Legislative Reception will be on August 27. RE: COLLEGE USE OF PORTER PARK The mayor said the College wants to use Porter park and bring their own tables and ask if we need to charge them. We would not charge them unless they use the shelters. He ask about charging the Little League to use the shelter. The council felt they should pay. The mayor and Bruce said they would pay the fee. RE: STEVE TERRY APPOINTED TO AIRPORT BOARD A motion was made by Nyle Fullmer and seconded by Glen Pond to appoint Steve Terry to the Airport Board to replace Kent Jolley. All Aye. The next item on the agenda is the LID. Millhollow Drive - Glen Pond suggested to postpone the LID on Millhollow, because the road is not in need of repair at this time and do it at a later date and let the residents know that there should be at least a 40 foot right-a-way given so they have some time to move their landscaping and they will know in the future when that road is in need of repair it will be done with curb and gutter at 40 feet. Bruce Sutherland said we also need to add the installation of the stop sign from the Safety Committee recommendation. RE: DISCUSSION OF STOP SIGNS AT 2ND S. & MILLHOLLOW & 350 S. & MILLHOLLOW Mayor Boyle presented a petition he had received today from the residents on Millhollow. (attached) They are petitioning for two stop signs, one 2nd South and Millhollow and one on 350 South and Millhollow. The mayor asked John Millar if there was anything we could do to the intersection at 2nd South and Millhollow to make it safer. John said we have a short piece of one-way road which basically serves two lots on the south of Barrett's home. Barrette have built their house facing on 2nd South, their is a possibility that road could be terminated and basically be a driveway for those two homes and let all traffic go up Shoshone up the hill. Glen Pond said we need some studies done and have a new alternative platted out. Steve Mack stated that today he came over on 350 made the stop and turned corner coming down north on Millhollow and stepped on the gas to get himself around the corner and on to Millhollow and took his foot i r :~- off the gas and by the time he got to his driveway he was going 35 mph. Even the trucks coming off the hill hit 35 mph and slow down a little bit. You will have to brake down that hill to keep the speed limit. For this reason he felt the stop sign at 2nd South was important to slow the traffic down. Brad Liljenquist suggested putting in the stop sign at 350 now and have the Traffic Safety Committee looking at the stop sign at 2nd South. Robert Ward - 301 Millhollow - If a stop sign were put at 2nd South, the city would have to maintain it during the winter. Bart Jensen - You need to consider when you stop a truck, when you start up and if you don't get it in gear just right you might have someone go through the high school. You need to have some study done there. The reason the intersection on 2nd South becomes very slick is because the water pools up right there. Steve Mack - We have been trying to get a stop sign in for 10 years and it seems there has been ample time to do a study. If there is a stop sign the city will maintain it and put gravel going up to the stop sign. We need to take some action, put the sign up and see if it helps. Nyle Fullmer asked Bruce Sutherland the reason for the stop sign at 350 instead of 2nd South. Bruce said the trucks will be coming down the hill and it would give them a chance to slow down before they hit the residential area. They felt once the truck is in first gear they would probably not shift above second gear and it would slow them down, rather than breaking down the hill they would be slowed down by breaking. He said the traffic flow should not be controlled by stop signs. Mayor Boyle said the State Traffic Engineers will be up in two weeks and we could have them look at it. Roger Mc Pheters -275 Shoshone- He asked if the study given by the police department shows that the traffic going up the hill was as fast as it was going down. The mayor said there wasn't a lot_of difference. Mr Mc Pheters said that is why you need the stop signs in both directions. He asked the council to come up to his house and watch the traffic. Glen Pond restated his motion that we not proceed with the curb and gutter and asphalt right now on Millhollow, but when the road needs repair, we take our 40 foot right-a-way and right now we have the engineer survey it and put pegs along our right-a-way and that the landscaping that is on the right-a-way be removed, that would give us a chance to check out the drainage system. Richard asked if there would be some design done on the street to let us know where the road would go. The engineers would survey it to where it would eventually be paved. Nyle Fullmer ask if there was a time frame for the removal of the landscaping removed. Glen said he did not make that in his motion. Richard Smith - Safety includes widening the street. He agreed with Glen it doesn't need to be done right now. He felt like the survey and staking it and removing the landscaping is the thing to do right now to increase safety. Everyone drives up the middle of the road now because it is so narrow. The sooner that preliminary work and widening the road happens, the better off we will be. He did not feel it needed to be a total reconstruction. The motion was seconded by Bruce Sutherland. A discussion on the time frame and removing the landscaping. Mayor Boyle suggested that we would have to look at each person's property on a case by case basis. Robert Ward said he thought the Anderson property was the worst. They said they would remove all of it. Roger Mc Pheters said the Benfield property is bad also. ,, 1~' Nyle Fullmer suggested that we take care of those two encroachments at the present time. He wanted to go on record that it needs to be widened. John Millar said there are two issues one is whether or not to do the LID and he wondered if we should drop it from the LID and stake it and take a look at it and decide what it needs and then act on the second half of the motion to clear it our or not. Nyle Fullmer said we need to take action tonight and have Andersons and Benfields clear the obstruction. Mike Day has pillars 6 1/2 feet from the edge of the road. He would like them to consider it on a one by one basis. Roger Mc Pheters asked about the mail boxes and snow plowing. Bart Webster - Stop signs don't slow traffic and in the winter it will be hard to get started after you come to a stop. Richard Smith - He agreed with Nyle Fullmer's comments we need to consider safety first. His major concern is when are we going to finally face this issue and widen the road. John Millar stated that in about five years the road will deteriorate and need to be resurfaced. Richard Smith asked if they had to pay for the resurfacing of the road or just for the curb and gutter. The mayor said we have a requirement that the initial road be paved by the developer. This road was never built up to standards all the way. Glen Pond said when they put curb and gutter and paved his street he had to pay for the asphalt where it was extended to the curb. RE: MOTION PASSED TO DROP MILLHOLLOW FROM LID Glen Pond withdrew his motion as stated. He made a new motion to drop Millhollow off the LID and have the road surveyed to see where the road would go and after we know where the road will go, the council will address the issue. Seconded by Bruce Sutherland. Those voting aye: Glen Pond, Bruce Sutherland, Darlene Petersen, Brad Liljenquist, Farrell Young. Voting nay: Nyle Fullmer Mayor Boyle said we would drop them from the LID this year and do some more engineering studies. RE: MOTION PASSED TO PUT A 3 WAY STOP SIGH AT 350 S. & MILLHOLLOW Glen Pond made a motion to put a 3 way stop sign at 350 South and Millhollow as proposed by the Safety Committee. Seconded by Farrell Young. All aye RE: CRESTHAVEN LID - Mike Mc Kinley - if the road by the church is put in who will pay for that. He was told whoever owns the property on both sides. RE: MOTION PASSED TO ACCEPT THE LID FOR CRESTHAVEN A motion was made by Bruce Sutherland and seconded by Nyle Fullmer to accept the LID for Cresthaven Sub Division and proceed with construction. All Aye RE: MOTION PASSED TO ACCEPT THE LID FOR CORNELL Cornell LID - A motion was made by Glen Pond that we move ahead with the LID on Cornell, seconded by Farrell Young. All Aye. RE: PUBLIC HEARING FOR THE ZONING ORDINANCE- Gwen Butler 255 Harvard Ave - She has a question: in the ordinance it said we are eliminating the petitions of people within 300 feet and -t~, asked what we would do instead. She was told there would be a public hearing and everyone would be notified. Lynn Ashliman - 33 West 3rd South - She opposed the zoning change at that address. She has some plans in the making for apartments for college housing. It is currently zoned R3. Prior to the R3 Zone it was zoned Commercial. The new zoning is for MDR. They own three large lots on that street. She requested to keep all the area around that property R3. Price Davenport - 432 Commanche - He would like to have the property on College Ave be zoned HDR. He thought everything one block from the college zoned HDR. He owns 7 pieces of property on the street. Kelly Dayton - 55 West 2nd South - wants it to remain R3 for resale value. Dean Ricks - He would like to object to the HBD zone. He thought HBD should allow either or both businesses or apartments. HBD is taking out too much ground near the college. John Millar stated that a zone can be changed. Commercial and residential are not good neighbors. Dean asked that we take a good hard look at it and not make it too restrictive. Mike Mc Kinley asked what a development was. It is one or more buildings. Janet Webster - 242 South 3rd East- It is at the end of Yale and shows LDR. They want it left low density. John told her that is what it is. Bart Jensen - 116 South Center - Wants that property to remain commercial. Ririe Godfrey- 110 South Center- wants his property left as Commercial. John Millar- We have decided to leave it commercial and put the Post Office in HDR. Bruce Sutherland - Block 23 on the N E Corner has been commercial for many years. It abuts the industrial zone. He would prefer that it remain commercial. Nile Boyle felt it should remain commercial. Ranae Magee - Breck Barton called with four comments. 1 - The parking agreement provided for shared parking, with a written agreement. A comment at the last meeting stated the agreement should be recorded. We did change it to state it would have to be recorded. Breck Barton does not think it would be a good idea because it will create a cloud on the title. 2 - Standards for conditional use permits. There is a provision talks about historic resources, scenic recourses, and natural recourses, the planning board dropped the word scenic at the July 31 meeting. Breck suggested that natural also be dropped. 3 - He recommended that an apartment be changed from 24 to 25. 4. He suggested that we clarify in the site plan review, that what the P & Z will be looking at is the standards in the zoning ordinance to review the site plan. Brad Liljenquist asked if you change the Rexburg Floral property to commercial, what category would it be in - HBD. Also Dr Jensen's property - it would be CBD. Brent Moss- 236 Harvard - question of the definition of a family. It was five at one time and has been changed to seven, he wondered why. If we put it up higher it would add to the car and traffic problem. ~I L J John said he thought five was unrealistic. Brent Moss wondered if we could go with six. Brent Moss - About the five or six - those that have six, you are going to grandfather in and he would like to see it five because it would cut down on the traffic. He has a concern about the little kids. Nyle Fullmer asked if someone has an apartment in his basement and it is sold, can they still use the apartments. John Millar said the grandfather clause holds if they don't let it lapse more than a year. John Millar thanked Ranae and the board for all the work they did on the ordinance. A motion was made by Nyle Fullmer and seconded by Glen Pond to pay the bills. All Aye. RE: SUGGESTION FOR A COMMITTEE TO STUDY THE FEASIBILITY OF A NEW POOL A discussion on the pool. Brad Liljenquist suggested that we form a committee to study the feasibility of a new pool. The pool we have won't last. much longer. RE: DRAINAGE PROBLEM AT BURDELL CURTIS'S MOTHER'S PROPERTY Nyle Fullmer said he got a letter from Burdell Curtis about his mother's property by the 3rd Ward Church. There is a drainage problem. A motion was made by Bruce Sutherland and seconded by Nyle Fullmer to go into an executive session to discuss the position of a building inspector. All Aye. The council came back into a regular session. Meeting adjourned. ~/~ <~... Nile L. Boyle, Mayor Rose Bagley, Ci Clerk