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HomeMy WebLinkAbout1991.09.04 CITY COUNCIL MINUTES~~. State of Idaho) County of Madison(ss City of Rexburg) Those Present: Mayor: Councilmembers: Excused: Also Present: Planning & Zoning: Pledge to the flag. City Council 09/04/91 7:30 P. M. Nile Boyle Nyle Fullmer Bruce Sutherland Darlene Petersen Farrell Young Glen Pond Brad Liljenquist Rose Bagley, City Clerk J. D. Hancock, Attorney Richard Horner, Treasurer John Millar Chuck Frost Jim Long A motion was made by Bruce Sutherland and seconded by Nyle Fullmer to approve the minutes. All Aye. RE: READING & DISCUSSION OF NEW ZONING ORDINANCE The first item on the agenda was the first reading of the new zoning ordinance. Ordinance 725 AN ORDINANCE REPEALING ORDINANCE NO. 478 AND 685, ORDINANCES OF THE CITY OF REXBURG, IDAHO; ENACTING A ZONING ORDINANCE FOR THE CITY OF REXBURG, DIVIDING THE CITY INTO DISTRICTS IN ACCORDANCE WITH THE REVISED COMPREHENSIVE PLAN; REGULATING AND RESTRICTING THE HEIGHT, NUMBER OF STORIES, SIZE OF BUILDINGS AND OTHER OBJECTS, THE PERCENTAGE OF LOT THAT MAY BE OCCUPIED BY STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, THE DENSITY OF POPULATION, LOCATION AND USE OF BUILDINGS, STRUCTURES AND LAND FOR TRADE, COMMERCE INDUSTRY, RESIDENCE AND OTHER PURPOSES; PROVIDING FOR VIOLATION OF THE PROVISIONS OF THE ORDINANCE; PROVIDING FOR ENFORCEMENT OF THE ORDINANCE; PROVIDING FOR EFFECTIVE DATE OF ORDINANCE. The mayor said there are a couple of areas he had people ask him about. Any housing in the CBD or the CBD has to come in for a Conditional Use and some people object. He also said Brad Liljenquist had a question about the Home Occupations. It says there will be no increase in utilities. If someone puts a computer in their home it would be an increase in utilities. Chuck Frost said it referred strictly to city utilities, water, sewer and garbage. Chuck suggested that we strike electricity. There should not be an increase in garbage. (page 34) Glen Pond felt that electricity should not be there. It was decided to cross out electricity. Page 32 - Open Storage Area - Is Erickson Pontiac - where he parks his cars out in front -, is that an open storage area? The mayor did not think we could require a landscape stripe. The members of the board said the ones that are there are grandfathered would not change. The new ones would be required to put a 7 foot landscaped area which could be grass, making it so the open storage area would not be close to the street. Page 32 - 33 - Parking Recreation Vehicles - The mayor asked if they really want to do that. There are a lot of homes with pads that have campers and boats. John Millar said if you ask your neighbors, they would like to see the campers and boats gone. Jim Long said that is ~1 ~ _. E part of what it is all about, all over town there are situations that shouldn't be. Nyle Fullmer said if we are not going to enforce it we shouldn't put it in. John Millar said the old ordinance does not allow any recreational vehicles in the front yard, so you won't have to grandfather them. The mayor said we will need to be consistent. A discussion on the 30~ of concrete. The mayor said a lady called today complaining about the trees with limbs hanging over the sidewalk that need to be trimmed. We don't have an ordinance requiring them to be trimmed. Jim said it is a liability problem. Jim Long told the council there might be a liability. J. D. Hancock told the council the only thing is, we don't allow an encroachment on a city right-a-way. If a neighbor has a tree and the limbs come over your fence, can you trim them. The attorney said you could trim them. Chuck Frost suggested that we do it like we do weeds, the city sends out a notice and if you don't trim them, the city trims them and sends you the bill. Glen Pond said we need to clean up Main Street before we enforce it. Jim Long asked if we are thinking about someday having a tree ordinance or a landscaping ordinance. In other areas trees belongs to the city and then the city assumes responsibility of the maintenance for that tree. So what happens if you start charging people to maintain the trees and come around tomorrow and say that is our tree you can't do anything to it. Bruce Sutherland said many of the trees are not on city right-a-way. The mayor said we would notify the property owners that they need to be trimmed and they can do it to their satisfaction or we would do it and charge them. RE: PUBLIC HEARING ON THE CITY BUDGET ORDINANCE 724 - MOTION PASSED TO APPROVE IT Budget Hearing 7:45 P. M.- no one was at the meeting to protest the budge Ordinance No. 724 AN ORDINANCE ENTITLED THE ANNUAL APPROPRIATION ORDINANCE OF THE CITY OF REXBURG, IDAHO, FOR THE FISCAL YEAR OCTOBER 1, 1991, TO SEPTEMBER 30, 1992, AND APPROPRIATING TO THE SEVERAL DEPARTMENTS, OFFICES AND FUNDS OF THE SAID CITY GOVERNMENT FROM THE REVENUE DERIVED FROM TAXES LEVIED FOR SAID FISCAL YEAR, AND ALL OTHER SOURCES, SUCH SUMS AS MAY BE NECESSARY OR DEEMED NECESSARY BY THE MAYOR AND CITY COUNCIL TO DEFRAY THE EXPENSES AND LIABILITIES OF SAID CITY FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1992. A motion was made by councilman Bruce Sutherland and seconded by Nyle Fullmer that ordinance 724 be passed. Those voting aye: Darlene Petersen Bruce Sutherland Nyle Fullmer Glen Pond Farrell Young Those voting nay: none Absent: Brad Liljenquist Ordinance 724 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 Nyle Fullmer and seconded by Bruce Sutherland that ordinance 724 be passed. Those voting aye: Nyle Fullmer Farrell Young Bruce Sutherland Darlene Petersen Glen Pond Those voting nay: None Absent: Brad Liljenquist ~~ ~'; The roll showed all councilmembers 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 was duly and regularly passed. Mayor Boyle declared the motion carried. RE: PUBLIC HEARING & DISCUSSION FOR ZONE CHANGE FOR RANDY LANDON MARRIED HOUSING APARTMENTS 8:00 P. M. Public Hearing regarding proposed amendments and changes of Ordinance 478.. That said property located between Main Street and First South and Seconded and Third West Streets be zoned R-3 rather than R2. Randy Landon owner of the above property residing at 2287 West 400 South requesting the zoning be changed so he could build some young married housing. These will be single bedroom units. This piece of property has been land locked, he did not know what anyone could do with it. They have also purchase the Apolo apartments and the house out in front which will give them two more accesses into that ground. They would not actually use the railroad right-a-way. In the new zoning ordinance that property will be changed to HDR which will allow the apartments. He was requesting the zone change, so they could get started. The first one they will put in will be a nine plex. There is room with the parking for two nine plex and two ten plex. These would be 1 1/2 story apartments. He was told he would need a fence between him and the residents. (showing plot plan and explaining it to the neighbors). Nyle Fullmer asked if these plans have been brought to the Planning & Zoning. They have been taken to Planning & Zoning and each apartment would be 520 square feet. Jenny Pennock - 260 West 1st South - She does not want the apartments in her back yard. She bought the property because there wasn't a lot of things behind her and in front of her. I am opposed to it. Jim Skelton- 252 West 1st South - With the Retrex noise plus all the noise from the park, that is enough. If it would be just one nine plex, it wouldn't be so bad, but you are talking about 2 ten plex and one more nine plex. That is too much and I oppose. Dot Clark - 274 West 1st South - With other apartments, there isn't a big enough fence to keep them from jumping the fence to go to the park. I oppose it. Clay Galbraith- owner of the cabinet shop at 64 South 3rd West- He was concerned about the access along the railroad tracks and the congestion that would be created there. It is a real dangerous intersection there where all the stops signs are now. We have a problem with cars cutting through our parking lot. He was afraid it would increase the safety problem. He was concerned about the access. Betty Bell - 32 South 3rd West- I am not against people having nice housing, be we are having a problem already with the day care center across the street having student housing, they cut right across our property to get to school. We have student housing behind us and they are parking on our property. It is not so much them parking on the property, but what they leave on the property. There is no way you can keep them from using the railroad access. The mayor said the problem is zoning is to protect the property owner. You cannot zone something unrealistic to where it will never be used for that. Zoning it R1 for individual houses will never work on that property. Under the new zoning ordinance Randy would be allowed to put the apartments. Jim Long - If you don't oppose him now and the council require him to do screening landscaping, then he will have to screen it and it will take care of some of the problems. If he waits until the new zoning goes in, then they won't have as much control. Now you could impose a requirement of landscaping. He isn't talking about single students, he is talking about married couples. I'~ Randy said he could not keep single out, but the college won't approve it for single housing. Nyle Fullmer asked how Apola Apartments effected the neighbors now. They said they are married and good neighbors. Nyle said this is the kind of apartments they will be. There is a concern about them looking out the windows into your back yard, but he was sure Randy would landscape to screen it. He felt they would be good neighbors. He recommended that Randy close off the railroad access. Randy said with the other two accesses they might fence that access. He did not feel it was fair to cut that access off. Glen Pond asked if there was a reason we don't ask the railroad to eliminate the access along their property. They use it for a maintenance building. The mayor would approach them. John Millar said the Planning & Zoning reviewed it and felt it was a good use for the land. It would not be developed for residential or business. Planning & Zoning had reviewed all of the plans. Randy said when they leased the right-a-way he had told the railroad they would put apartments in and had no objections. RE: MOTION PASSED TO APPROVE ZONE CHANGE FOR RANDY LANGDON APARTMENTS A motion was made by Nyle Fullmer and seconded by Glen Pond to approve the zone change and allow the apartments to go in on that property with the stipulation that he comes under the new ordinance on landscaping and set backs. Randy said it was drawn that way. All Aye The mayor said one thing the new zoning ordinance will do is it will be more protection for residential areas. It will possibly be the end of conversion of old houses for apartments. RE: PARKING PROBLEMS AT BUENA VISTA APARTMENTS - LARRY CUNNINGS Larry Cummings was at the meeting owner of Buena Vista Apartments on - corner of 3rd East and 4th South. The mayor explained it has been used for student housing for years. This year the parking committee told him he had to put more parking in for the students to comply with the parking regulations. The previous owner was Chuck Frost, he had a plan for parking to be put in. The parking could not be put in legally even with that plan. The neighbor says he will sue us if we don't make him change the parking, the neighbor is also not legal with the paving in his front yard. Larry said it was his understanding that the parking he put in was okay. Don Hammer said he had talked to the mayor, who okayed it. The mayor said he told Don he had preliminary approved the plan Chuck had. The girls in the apartment last year said they had six cars parked in the driveway and had to shuffle cars to get out. With the plan Chuck had he would only pick up one more parking spot. He had put the parking in the only place he could put it. He felt the complaints coming from Mr Bats and Mr Green is because they don't want more traffic on that street. When the boys come to see the girls they will be able to turn into his parking and the traffic will be elevated. The sidewalk already had the low curb on it to allow for the parking and the curb and gutter wasn't altered at all. Larry said he had tried to get along with the neighbors. Mr Bats has concrete in front the size of a football field. The mayor said the new parking is adequate, but not legal according to our ordinance. He had talked to Chuck Frost and thought Mr Cummings was putting in the parking according to the plan Chuck had drawn. He would have still been in the set back off of 4th South. Glen Bean had gone up and told Mr Hammer he could not put it in that way, but he went ahead and did it anyway. Jim Long stated that there is obviously space on the south for parking. The mayor stated that property is probably quite expensive. Nyle Fullmer had a concern if the parking was put in illegal and the contractor knew it was illegal, he should have a liability. Glen Pond agreed. The contractor should have put it in correct and when you bought the apartments you should have checked to know what was required. Larry questioned if the city says he has to have adequate parking but won't let him put it in the way he had room, what should he do. He needed parking for five or six cars plus his three cars. Nyle Fullmer told him we need to live by the law and you need to take in to account how many student you would rent to. Larry said he would have 16 students. Nyle said if we do let you go ahead with the parking this year, you will have to correct it next year. Larry said they had been renting to that many students for years and did not think there was a problem. Jim Long stated that Helen Young came to Planning & Zoning and had the same situation and they required her to change the parking and she said she would. She will make contracts requiring the students not to bring cars. Mayor Boyle told the council when we formed a parking committee we found Buena Vista did not have enough parking; before that we were not aware of the problem. Under both ordinances the apartment owner would have to provide enough parking for the number of cars. Nyle was concerned if Chuck Frost knew the parking was deficient and represented to Larry that it was in compliance. The mayor said there is no way on that lot that you can put that much parking legally. (discussion on the parking) Nyle Fullmer suggested that we table it for the next meeting. He told Mr Cummings that he was obligated by the law to obey the ordinance on the parking, but the council would try to work with him. Glen Pond told him it wasn't easy for the council to tell him he can't put the parking in that way, but we are bound by the city ordinances. Jim Long suggested that he contact the apartment owner behind him and see if he could rent parking from them. A motion was made by Nyle Fullmer and seconded by Darlene Petersen to table the parking issue for the next meeting in two weeks. All Aye The mayor suggested that the council go as a group and look at the parking. RE: READING & PASSING OF RESOLUTION #91-5~- CITY ELECTION The city clerk read Resolution No. 91-5 - A RESOLUTION PROCLAIMING A GENERAL CITY ELECTION TO BE HELD ON NOVEMBER 5, 1991, DESIGNATING THE POLLING PLACES, DESIGNATING THE REGISTRATION AND DEPUTY REGISTRARS, AND ORDERING THE CITY CLERK TO GIVE NOTICE OF SUCH ELECTION. (copy on file) a motion was made by Glen Pond and seconded by Bruce Sutherland to pass the resolution. All Aye RE: CITY CREW PAINTS DUMPSTERS Darlene Petersen said she talked to Vern about painting the dumpsters. His crew paints them. RE: BUILDING INSPECTOR POSITION OFFERED TO TERRY LEISHMAN The Building Inspector position has been offered to Terry Leishman. He will start part time on September 15 and full time when he finishes the house he is building. He will take the test in November. Glen Pond made a motion that the council go into an executive session to discuss a personnel matter. Seconded by Nyle Fullmer. All Aye. Meeting reconvened. A motion was made by Glen Pond and seconded by Nyle Fullmer to pay the bills. All Aye ~ .~ '~' ..~ A motion was made by Glen Pond and seconded by Nyle Fullmer to adjourn. All Aye. ~a Nile L. Boyl , Mayor ~!f , ,. Rose Bag ey, City er ~J