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HomeMy WebLinkAbout1992.05.20 CITY COUNCIL MINUTESG ~~ .--~ I ~J State of Idaho ) :ss County of Madison ) City of Rexburg Present were the following: President of the Council: Councilmen: Mayor: Excused: Attorney: City Council 05/20/92 7:30p.m. Glen Pond Bruce Sutherland Jim Flamm Nyle Fullmer Farrell Young Brad Liljenquist Nile L. Boyle Rose Bagley, City Clerk Richard Horner, Treasurer J.D. Hancock Janet Williamson was present to take minutes for Rose Bagley. Pledge to the Flag. Farrell Young moved that the minutes be approved. It was seconded by Nyle Fullmer. All Aye. Jim Flamm reported on the last planning and zoning meeting. There were basically three things discussed: the arterial roads, addition to Retrix, and Dave Moore requesting easement to be deeded back. RE: RETRIX ADDITION Mike Ferguson was present to discuss Retrix addition. He needs a variance to bring it right to the property line, eliminating about 20 feet. The Mayor asked Alice Bingham, who was at the meeting, if she was amenable to that. She owns the house right by Retrix. She said eliminating the wash bay was the greatest thing that has ever happened and she had no problem with their building on the property line. Recommendation of planning and zoning was to proceed with the variance. Glen said it was properly zoned. The Mayor said Mike would have to bring in a property description to J.D. so he could draw up the ordinance and it could be publicized. Because of meetings in Boise on June 17th, it was decided if it could be publicized in the paper starting May 26th the council would try to move their meeting up to the 10th of June and if it was approved then Mike could proceed with his building permit the next day. RE: COMPLAINT ABOUT EARLY GARBAGE PICK-UP Alice Bingham complained about the garbage truck coming at 5:OOa.m. in the morning. She feels it disturbs the apartment owners too. Mikes wife did move the container over by the Medical Center but it is still noisy. The Mayor said he would talk to them. RE: ABANDONMENT OF EASEMENT ON MILL HOLLOW BY DAVE MOORES HOME Jim Flamm then reported that Dave Moore came to planning and zoning. Apparently there is a 16 foot easement behind some of the homes up on Mill Hollow that was designated a bike and jogging path and part of that has been deeded back to some of the property owners and some of it hasn't. Jim Flamm felt there were about 250 feet that hadn't been done. He moved that we proceed with the abandonment of the 16 foot easement. Glen Pond seconded the motion. All Aye. Some of the Council (Nyle, Glen and Farrell) felt it had all been deeded back so after some discussion it was decided that we should go back and check the minutes to find out before. any decision was made. RE: DISTRICT 7 HEALTH --- PLANS TO BUILD / llf ~!: The Mayor talked about the District 7 Health plans to build. They were told it wasn't going to work with a conditional use permit and they would have to apply for a zone change. They need to go to planning and zoning before any action can be taken. RE: R.V. PARKING DISCUSSED The Mayor called for anyone that wanted to talk on the R.V. parking. Alan Palmer - 439 Rolling Hills Dr. - We were a little surprised to have a policeman come to our door and tell us we had to move our R.V. Apparently one of the neighbors had complained. One of the councilmen had instructed them to come up. He wasn't there to find out who had complained or which councilman it was. Jim Flamm said he was the councilman that had reported it. Alan's concern was that the zoning ordinance was a problem for him and people like him. They could leave their R.V. and just move it in and out every 2 weeks so it was just a problem and inconvenience for them. The Mayor felt if you were using it every 2 weeks there wasn't a problem it was if you left it parked there all winter. Jim felt it meant 16 days not necessarily consecutive days. The idea of the ordinance is to not have vehicles continually parked in front of a home. The mayor asked if they could take it and use it if they could start another 16 days. J.D. said that is not what it says but that was the intent. Mr. Palmer felt he and his neighbor were the only ones being complained about. The Mayor said the police have done a survey around town and there are surprisingly few R.V.'s parked out front. Mr. Palmer said he has a large enough side yard to park it there but has grass and a sprinkler system - it would be hard to put it there and would look worse and be much more visible then it does in his driveway. Mr. Palmer said he is not attacking zoning but he felt the restrictive covenants of individual sub divisions generally cover those types of things. He feels it amounts to an inconvenienced for him and his neighbor. He has limited resources to put it somewhere else. Feels there are some large inconsistencies. There are houses being built that don't have sidewalks and it is dangerous for children walking to school. Alice Bingham - 4th East - said she is opposed to the R.V. ordinance. Feels the R.V. trailer ordinance needs to be looked at again. Nyle Fullmer feels unless we are ready to sight enforce it we should strike it. Jim said we can't go around checking on everyone but if there is a complaint we need to enforce it or remove it from the books. Farrell said we should remove it. The Mayor said we should remand it back to planning and zoning. Jim Long asked if every time an ordinance is violated and someone complains about it are we going to have to go through the process of reconsidering it and changing it. Every time someone doesn't like the law are we going to try to change it. He doesn't feel that is right. Brad said there is one other side to that and that is the people who don't like the looks of R.V.'s out on the front yard and there are a lot of those and we get a lot of complaints from them. The Mayor said we will send it back to planning and zoning. RE: EXTRA GARBAGE CONTAINERS One other matter we need to talk about is people are not charged for their garbage containers but they are charged for the pick up. Now some people are wanting an extra container just for the Summer months. It would be a lot of work to take them out and then go get them. Should we allow them another can for a few months, should we charge them an extra pick up? After some discussion it was decided that they could have an extra can but they had to keep it for all year round not just a few months. RE: COMPLAINT ABOUT THE NAME CHANGE OF 4TH N TO TECHNOLOGY WAY Bart Lindermen - Executive director for the ASCSA office located at 269 East 4th North - Recently the other business in his building were notified of a name change in their address. He was not given such a courtesy but the post office sent him notice of his new address. First, he felt he should have been notified of the change prior to the decision to make the change. Second, he would like to see it remain 4th North. In the building where he works government agencies administer programs for Madison County and numbered streets make it easier to find. The Mayor explained that he was talking about the change of 4th North being changed to Technology Way. The Mayor said we could do a duel sign and he could continue to use 4th North. The Mayor will check with the post office to see if both addresses may be used. RE: PUBLIC HEARING - ARTERIAL ROADS - MAP CHANGE PUBLIC HEARING regarding proposed amendment to the Madison County-Rexburg Comprehensive plan 2000 to abandon, alter, and/or redesigned certain primary arterials or portions thereof. Dick Dyer of Forsgren and Associates, using a large aerial map of the City, explained that the City needed to up date their map and various roads and their different functions and the various proposals that have been made in years past and now. The Mayor said he had met today in Rigby with the Idaho Transportation Department. There are 2 type of roads that will qualify for federal funds: 1. A major arterial road or 2.) a smaller, collecter road. It was asked why it had to be 4 lanes with turning lanes. Dick Dyer explained that the study that was done 10 years ago projected some very major traffic movements from the East and South of Rexburg trying to gain access to the freeway. The function of the roadway is not to provide normal access to properties although it will connect the city streets, but it is to move traffic. Therefore the 4 lane highway is to accommodate the traffic volume. Turning lanes may be misconstrued; there would be no need for turning lanes if there is no access. Asked if it could be built in phases - a 2 lane widening to a 4 lane. Dave said a more popular approach would be in segments - maybe start in areas where there is a determined need and leave other areas for future development. It was asked if there wouldn't be a bottle neck by the Middle School if 7th S. is the major road and you come from a 4 lane highway to a 2 lane. Dave said that is one of the concerns that would need to be looked at and addressed. The purpose of this map is to provide corridors and later the design issues would be determined: how many lanes, etc. Alan Palmer said he would favor 11th South. He is looking for a faster way across town and is concerned about the Middle School at 7th South. He likes the plan of avoiding Ricks College and yet providing a fast access for those who travel in and out of the City every day. Dr. Mattocks representing the Board of Trustees for Madison School District 321, reported on the Boards stand. (Entire remarks at end of minutes.) Basically, they thought 7th S. would be improved not developed to a 4 lane highway. They would be in favor of the 9th or 11th S. major arterial. The Mayor met with Mr. Wanamaker who is the person controlling the purse strings and he said they would have a real problem with a major arterial going by a school. A collector road might be funded but would not be a 4 lane road. The big problem is even if everything moved a long perfectly the quickest we could get the money to do that road would be 1994,5 or 6 and in the mean time there is going to be quite a bit of traffic down 7th S. even if is isn't improved and is going to be a problem. The purpose of the planning is to try to predict where we want the major arterials in 20 years. Steve Bennion - President of Ricks College. In the long range plan, they feel that a 7th S development of some kind would be a helpful by pass of the campus for both the community and the College. If you look at costa, it is the shortest direct route and at least half of the road J" is developed. They think it would help with access to the campus. Long range, they would probably support 11th S. There is only a mild grade on 11th. They have some concern about diagonals - either from 7th or from 11th over to 7th. Part of that is related to the Ward farm that was recently purchased by the college. There are about 40 acres of that farm that are non tillable. Very preliminary plans are to develop an arboretum there. (arboretum: a place where trees and plants are grown for scientific and educational purposes.) Any diagonal cutting through there could be a major disruption of that development. Gary Steiner - 5th West. Mr. Steiner asked Dick Dyer how much weigh is placed on the destruction of agricultural land and residential in connection with the proposals. Mr. Dyer said when you get in to the design of the development they weigh very heavily in the actual alignment that is established. A corridor would be a swathe maybe a 1,000 feet wide out through an area whereas an actual alignment would say this is exactly where we're going to go. At that point and time, with federal funding, it's mandatory that an environmental document be prepared similar to the environmental accessment that was done some 12 years ago that would document all anticipated impacts on the human and the natural environment of which the dislocation of farm ground and perhaps relocation of businesses and residents is a part. These are factored together and perhaps if there is serious impacts then mitigation plans have to be included in your design development. Mr. Steiner asked if he was prepared to say how many homes would be effected and Mr. Dyer said he was not. Richard Smith asked about the College involvement in helping build or finance this project. Pres. Bennion thought the board might be interested in trading land - 4th S. and 7th S. - if 7th S. were chosen for development. Mayor Boyle summarized 2 letters to be entered into the minutes - One from Bill Scouten favoring 11th S. and one from about 12 property owners on 2000 S. asking that that not be considered as a "farm to market" road. Since that is in the County that would not be under our jurisdiction. Jim Flamm said he had had one phone call from Gary and Tris Archibald favoring 7th S. Mr. Steiner asked how close a road can go to a residence. Mr. Dyer said that was difficult to answer, design factors involved, but if they are going to error they error on the side of the property owners. Cheryl Fugimoto asked for some clarification on some differences on the maps - Forsgrens large map and the smaller handout map. Richard Smith - Years ago there was a lot of concern about the impact to farm land especially over by Mill Hollow and this never came to pass. Since this is a long range plan he feels that something that should be mandatory is that you include 11th South so that it could eventually connect up to the proposed "Farm to Market" road and make a major arterial road around the City. He agrees with Pres. Bennion that 7th S. needs to be improved, and make 11th S. the main arterial. The Mayor pointed out that the main problem with 11th S. is that from the time that you leave the highway to 2nd East there is no way to get going back North. So it wouldn't help the people going to the College or 2nd West. They would have to double back. 11th S. would be in the far future and right now, in the near future, you are going to have everything going down 7th S. right next to the school. No matter what we do we are going to have that traffic by the school for a few years. Devon Beattie asked what the studies showed in the last 5 years on the increase in traffic. No current figures but Dick Dyer said said that when the study was done 12 years ago and traffic counts were actually done and projected into the future the projection was that there would be 6,000 vehicles a day on that south Rexburg arterial. ~ ' Jim Long asked Pres. Bennion if this (11th) becomes the road, they are still going to have to give up property for Center or 2nd West- give up property through the prime farm land or property through the un tillable land? Pres. Bennion said they would have to look at it and talk to the board but probably Center Street. Cliff Jaussi - 257 S 2nd E. - All this sounds real good but what worries him is that all this traffic is being directed to 2nd E. What are they going to do to handle all that traffic. The Mayor said the ones from the South would probably use Center but the ones from the N. would use 2nd E. Mr. Jaussi stated he is not in favor of trading or giving any City property away like we have done in the past. If we go up to 7th you go 4 or 5 more blocks and you can't go across. The Mayor said the council needed to make some kind of a decision because the State needs it by the first part of June and they have to have it to the Federal Government by June 30th. Brad Liljenquist made a proposal based on the testimony he had heard and the immediate needs of the traffic, that they designate 7th South as a collector and 11th South as the arterial. Mayor Boyle pointed out that that would put all of the traffic by the school unless you have some way of getting from 11th over to 7th before 2nd East. Under the present plan it shows 2nd West as a collector. Brad thought that should be included. It was decided that they would not make a decision tonight but have a special work meeting. The decision will be finalized June 3rd. Brad withdrew his proposal. The Mayor declared the hearing closed. Brad Liljenquist moved that the bills be paid. It was seconded by Nyle Fullmer. All Aye. Brad asked what was being done about the Mill Hollow problem. Andersons have moved theirs. Glen Pond moved that they adjourn. Bruce Sutherland seconded the motion. All Aye. ~~'~ Mayor, Nil L. Boyle City Clerk, Rose B ey III TESTIMONY PRESENTED BEFORE THE REXBURG CITY COUNCIL May 20, 1992 by T. C. Mattocks, Ed.D. Superintendent of Schools Madison School District #321 Rexburg, Idaho Mr. Mayor, members of the City Council, for the record my name is Chris Mattocks. I am superintendent of Madison School District #321, and I am representing the Board of Trustees of the School District at this hearing tonight. It was with no small amount of surprise when I received two phone calls last Thursday morning before 7:00 a.m. informing me that I had been called everything from a liar to a horse thief at last week's meeting of the Planning and Zoning Commission.. Apparent- ly, some have the mistaken impression that I have enough power to control the location of city streets, or that I have something like E.S.P. so that~I can correctly guess what city streets will be upgraded. Let the record accurately reflect that neither I nor the school board had any prior knowledge of what the Planning and Zoning Commission or the City Council planned to do with regard to the streets around the new middle school. As I speak tonight, I still don't know what the City Council plans to recommend, and I will find out when the rest of you find out when they vote. The school district held seven public forums before the vote was taken on the middle school issue last fall. We met in every elementary school in this district in order to explain the build- ing plans, get your ideas about changes, and any other concerns you may have had. In my presentation at each of these meetings I pointed out the planned location of the building, and stated that if the plan was apprved one of the possibilities was that Sev- enth South would b.~ improved to handle the increased traffic flow. "Improved" to us meant a nice, wide two-lane such as now exists on Second East. It was in one of the first meetings that I was informed by a member of the audience that the possibility existed that Seventh South would be widened and lengthened to S~cond East. The same person said that this would be done in exchange for Ricks College being able to close Viking Drive in front of Manwaring. The Board and I both thought that would be a good idea since it would allow better access to the middle school for those folks who live east and north of the Second East arterial. i!~ T. C. Mattocks, Page Two The important thing to note is that I carried that message about street possibilities to each of the patron meetings. People at those meetings clearly understood the street situation, and were also told that the possibilities existed that Ninth South and Eleventh South could be improved also, or instead of, but that depended on the city's receipt of federal highway funds. It was also in one of these meetings, in my mind it was at Kenne- dy, that one person asked if we had submitted the school plans to the Planning and Zoning Commission. My answer was "No", but that they would be if the issue passed. The first and only meeting with the Planning and Zoning Commis- sion came on Tuesday, April 14, at 1:00 p.m. in this room. At that time, Board Chairman John Bagley, Trustee Gary Summers, and I met with some meutbers of that group to ask for a variance on the installation of curbs and gutters on the north side of the school because no one had yet decided what to do with Seventh South. Our argument was that it would not be a wise use of taxpayer funds to put in curbs and gutters until a decision had been made on what to do with Seventh South. Why install a lot of concrete when the possibility existed that we would have to tear it out and relocate it once the final plan was known? You wouldn't appreciate doing that as a homeowner, and we don't as a school district. It was also at this meeting that we saw for the first time planned drawings for Ninth South and Eleventh South as presented by Forsgren-Perkins. Their plans to hook up the Highway 20 exit at Spud's with the downtown core through arterials from that location were very appealing to us. Anyway, those at that meet- ing agreed to let the school have the variance in exchange for a letter from the school district stating that we would put in the required curbs and gutters when the City decided exactly what the plans were for Seventh South. So it was quite a surprise to hear that no one at the meeting last week had heard the school's explanation despite seven public hearings, extensive press coverage, and one radio call-in show the day before the election. It was an absolute shock to hear that a four-lane street was being proposed. The first time I heard the words "four-lane street" was in those early morning phone calls last week. I, and the school board, had not only never heard those words, we had not even considered it as a possibility. Nobody brought it up in any public meeting that the school district had. No one has brought it up in any private conversations. Anybody who says the school board or I knew that a "four-lane street" was going to be proposed for Seventh South is not in touch with reality. T. C. Mattocks, Page T.h.ree Speaking on behalf of the Madison School District and the entire Board of Trustees, we would prefer that the street improvements to Seventh South be such that they can. handle minor increases in traffic flow that will be caused by our school buses and parents, but that the major arterial to feed the Ricks College area and the downtown core be developed on Ninth or Eleventh South area as has been proposed at other meetings which Council members have attended. This makes much more sense than bringing in traffic from the south only to divert them by a school, or around the curve by Frontier Pies. The expanse of ground available to both the city and the college east and north of Spud's should provide the seed for some very fertile transportation planning.. 1 11~ 11`1 1 Y OCTOBER 1991 SUN. MO UES. WED. THURS. FRI. SAT. '' ~ P •' Co ~e c G f Noo~t we ~ i . c. ~tl . ~a,t 1 ~ I - (LJy~ 3 - I.ZJ`y '•do ~tki ):o, Vrccr~,6- ~~ h F~ 5 7: oo ~c¢:ls rf~1A~~11.. 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