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HomeMy WebLinkAbout1992.08.05 CITY COUNCIL MINUTES~~ 1 City Council 8/5/92 7:15 A.M. State of Idaho) County of Madison( ss City of Rexburg) Present were the following: Mayor: Councilmembers: Excused: City Clerk: Finance Officer: Nile Boyle Glen Pond Bruce Sutherland Brad Liljenquist Jim Flamm Nyle Fullmer Farrell Young Rose Bagley Richard Horner: Pledge to the flag. A motion was made by Nyle Fullmer and seconded by Jim Flamm to approve the minutes. All Aye Jim Flamm gave a report from Planning & Zoning. RE: R.V. PARKING Report on R. V. Parking. The Planning & Zoning recommend that we give the R. V. owners one year to comply with the zoning ordinance regarding parking of R.V.'s before we start giving tickets or what ever we do to comply with the ordinance. During that year we need to go around the city and see where there are infractions and send letters to those people so they will know they are in violation and can put in pads or make arrangements for the R.V. parking. They also recommend that we amend section 4.8 in the zoning ordinance to read 16 days in any calendar year for parking. (discussion) A motion was made by Jim Flamm that we give people one year to comply with the zoning ordinance regarding R. V. parking so they can put pads in or find storage for them. Seconded by Nyle Fullmer, all aye. Jim made a motion to clarify the ordinance 4.8 to read 16 days in any calendar year. The mayor said we have to go through the hearings. The council decided it should be done at the same time the other amendments to the ordinance are made. Jim withdrew his motion. RE: SIDEWALKS --- IN BEFORE CERTIFICATE OF OCCUPANCY There was a discussion on sidewalks. Since 1964 there has been a subdivision ordinance requiring residences to put in sidewalks when they build homes and it has not been done. There has been a lot of discussion on how to get that done, they have not come to a firm conclusion on that. The feeling is that we need those sidewalks. They were overlooked when the homes was built. They also talked about the sidewalks not needing to be straight. They need to have an unobstructed sidewalk. The Planning & Zoning made a recommendation that from now on when homes are built a certificate of occupancy not be issued until an obstructed sidewalk is in. Glen said we don't need a motion on it, we just need the building inspector to see that is done. RE: TRAILER HOMES THAT HAVE NOT BEEN USED SINCE THE FLOOD There were some variances given for Senior Citizens or people with special circumstances to have trailers after the flood. Most of those have been out lived, but those trailer houses are still there. The Planning Board recommended that we go back and review each one of those variances and where the condition no longer exists, get them moved. The council felt we should go ahead and get them moved. The mayor said we would do it on an individual basis. RE: P & Z VOTE TO CLOSE HARVARD ;~~ Jim told the council the Planning Board voted 4 to 2 to close Harvard. RE: PUBLIC HEARING FOR THE CLOSURE OF HARVARD The Public Hearing for the closure of Harvard was re-opened. A copy of additional letters were sent to council to read. The mayor asked if there was further testimony. Dell Beckley - It is my concern with all the traffic coming down the street is the kids in the one block. The cars come down there extremely fast and in the winter time most of the students don't know how to drive on slick streets. We do have a lot of kids in that block. One family has 8 children. There are older people, who have grandchildren. It is impossible to drive down that street. The kids dart out between the cars. That would be one thing he thought should be considered. Brad Liljenquist declared a possible conflict of interest. Dave Anderson - Originally it was a debate about whether or not it would be appropriate to build this housing complex within the requirements and limitations of the zoning laws. Somehow we need to get away from that to whether or not we close Harvard. I don't know if the original question was ever addressed. I feel somehow the idea was shifted as to whether the apartments should be built or it was taken as a forgone conclusion and then whether or not the street should be closed. The mayor told him they could build the apartments, it is zoned correctly from Harvard over to 2nd East. Dave Anderson- we still have the problem of the parking if it is in zone. The mayor said if you get two attorneys you will get two answers. He read it to say that they cannot cross a public right-a-way to have parking in another zone. Rich Andrus asked to see the letters that were not introduced at the last hearing. The mayor said we received a couple more letters. One letter was from George Pingree. (letters on record), Clyde Luke- Representing the people of Harvard Ave. In summary, it needs to be pointed out that if this proposal is accepted and Harvard is closed, there will be no traffic from that complex onto either Harvard Ave or onto 3rd East. There was some confusion before from the residents of 3rd East, that if Harvard were closed all the traffic would then be shunted off 3rd East. That is not the case because the plans show that the traffic would be limited to 2nd East. If we introduce 250 to 300 cars it is only a matter of time until we will have a child hit by a car. We need to look at the alternatives. If this project is not accepted, and the street not closed, then the property across from the complex which is already zoned for student housing will be open to duplex and four plex apartments. It will most likely be four plex apartments that will be built and filled with student housing. The alternative to a parking lot with a five foot car is a two or three story complex which may range from 15 feet tall to 25 feet tall. It is harder to see a car with a 20 to 40 foot buffer zone between you instead of seeing a housing complex with only a 7 foot buffer zone between you. You will have the parking and also the noise. It is questionable whether there would be more or less noise from the parking lot. The issue comes down to potential safety problems verses vanity. If the street ie not closed we will have a traffic problem on Harvard Ave. The mayor said he received a letter at home from Gerald Griffith at 352 South 3rd East. (on record) Janet Webster - 438 Yale- I think the city has set a precedence of not closing streets. A few years ago a subdivision plan was presented and because they were not allowed to close streets it did not go through. Those people that were going to build up there have had to build some place else. To give away a street for personal gain, I don't think is good business. If you give Mr Henderson Harvard, I want to know how to sign up to get Yale, because I would like no traffic down my street also. ~.~ Nancy Whyte asked if the road is not closed, if they could close it off with a fence so cars could not go on Harvard and the traffic would have to go on 2nd East? Brad Liljenquist- One possibility is if the vote is to leave it open, would be to go one way with the traffic from 3rd South on up. It would help between 3rd South and 4th South. If the council votes to leave it open, we need to look at both alternatives either one way for the full length of the street or just half of the street. Dale Beckley- in the winter a lot of time care can't go up Harvard. Glen Pond- Asked John Millar if the area that was designated for parking or was it ever platted for residential lots? It was left out of the original plat and shown as one large piece. It was never platted for residential lots. Glen asked if prior to the new zoning ordinance was that property zoned something other than LDR. John said the piece in question was zoned R3. (discussion on 3rd East) Glen Pond - Anytime a city decides to abandon a street we then place a burden on something else. We have to be very careful when we decide whether we are going to close a street, whether it has been completely developed or not because when we do that there is an impact on someone else. I realize that Harvard is a narrow street and probably does have children on the street. There are other streets in the city that are narrow, that also have children on the streets. There are other areas that there are causes to close streets to accommodate and protect children, if you look at the children issue, some of that responsibility has to be with the parents that live on the street to keep the children out of the street. i recommend to the council that we be careful when we close streets, because we do create impacts for other areas. Streets are not only for the residences on the street to access their homes but they are also for the other residences within the city to move around the city. I realize that the Planning & Zoning recommended on a split decision to close the street. I am not sure we would have been addressing the issue of closure had not Mr Henderson's proposal come in to develops an apartment complex. I had heard no talk or discussion of closing the street prior to the complex being addressed, so I'm not sure that was a real issue except to move the development along to close Harvard. RE: MOTION PASSED TO NOT CLOSE HARVARD AVENUE A motion was made by Glen Pond to not close Harvard. Seconded by Nyle Fullmer. Those Voting Aye: Glen Pond, Nyle Fullmer, Bruce Sutherland, Jim Flamm, Abstaining: Brad Liljenquist. The mayor told the people on Harvard that the city would do all we can to help the traffic flow. Without the parking changed, Mr Henderson cannot build the proposed complex. Mr Luke stated that with the statement that Glen Pond just made, he would recommend to the council with that advise when Ricks College comes in and wants to close two blocks of 4th South, will you please remember his comments. RE: STREET LIGHTS IN CRESTHAVEN SUB DIVISION The mayor discussed with the council the recommendations on lights in Cresthaven. The recommendation is that one additional light be placed on Crestview, also there are no lights on Westwood. They recommend three lights. Glen Pond told the council, the last time the city purchased some lights they were about $1500 each. He said he would get the estimates today. RE: DISCUSSION OF L.I.D. #27 (CRESTHAVEN) - PUBLIC HEARING We have an LID Public Hearing on August 12 at 7:30 P. M. to determine whether to extend the LID in Cresthaven to include more storm sewer. John Millar said he got a bid and it will be lower than his estimate. Brad Liljenquist asked if there were people who want to object or do not want to proceed with the extended storm sewer, will they have an opportunity that night? He was told they would at the hearing. ~~ I~. [] RE: REPORT ON THE WASTEWATER TREATMENT PLANT ADVISORY COMMITTEE MEETING The mayor gave a report on the Wastewater Treatment Plant advisory committee meeting. They have had four meetings. One was an all day meeting where the committee went to Blackfoot and toured their activated sludge plant and looked at their operation. They then went to Brigham City, Utah, which has an up to date oxidation ditch. They looked at both alternatives. Another day they went clear through the Rexburg plant. We had a meeting after and reviewed everything. We have set another meeting for Tuesday August 11. They want to review how we determine the cost per apartment and household and what we charge Sugar City, Ricks College and commercial. RE: POSSIBLE GRANT FOR THE SEWER On August 19 at 6:00 P. M. Henry Moran from DEQ will be up with Bill Jerrell and we want the council to come to that meeting. It will be just before City Council. We also met to check on the Block Grant for the sewer. It looks good if our low to moderate income stays the same as the 1980 census figures. If we are still low to moderate income, we can probably get a $500,000 grant. RE: READING & PASSING OF ORDINANCE #734 --- CHANGING THE ZONING FOR THE WALKER SUBDIVISION Mayor Boyle read Ordinance No. 734, changing the zoning for the Walker Subdivision. We have already had a public hearing approving the zone change TO HBD. ORDINANCE NO 734 AN ORDINANCE AMENDING AND CHANGING THE ZONING MAP OF THE CITY OF REXBURG, IDAHO, AND PROVIDING THAT THE ZONED DESIGNATIONS OF THAT CERTAIN PROPERTY HEREINAFTER DESCRIBED, SITUATE IN REXBURG, MADISON COUNTY, IDAHO, BE CHANGED AS HEREINAFTER DESIGNATED; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. A motion was made by councilman Bruce Sutherland and seconded by Brad Liljenquist 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 734. Those voting aye: Bruce Sutherland Jim Flamm Nyle Fullmer Brad Liljenquist Glen Pond Those voting nay: none Absent: Farrell Young Ordinance 734 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 Jim Flamm that Ordinance 734 be passed. Those voting aye: Those voting nay: Absent: Nyle Fullmer Jim Flamm Bruce Sutherland Glen Pond Brad Liljenquist None Farrell Young The roll showed all councilman 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: PASSING OF RESOLUTION 92.4 AN A.D.A. GRIEVANCE RESOLUTION J. D. Hancock presented Resolution 92.4 an ADA Grievance Resolution. He had made a few modifications to make it consistent. A motion was ~~ made by Nyle Fullmer and seconded by Glen Pond to pass resolution 92.4. All Aye. RE: COMPLAINTS ABOUT CRUISING MAIN The mayor told the council we have had complaints about the amount of after hour traffic on Main Street and the out of town cars. J. D. Hancock stated he had checked with the Attorney General's office. We do have many statues and ordinances in place which regulate traffic. This is a problem which is not unique. Many cities in Idaho have considered whether or not there should be a cruising ban in their city. Boise has tried to get one and have found that cruising statues will not pass constitutional muster. It is an unlawful restriction of the right to lawfully assemble to say that you cannot go up and down main street more than three times in one hour or that you can't park on the side of the street in a designated parking lot or parking area. He said if you have a good police force, they have to deal with it in a manner that it is most appropriate in the particular circumstances that come about. You do have state traffic laws and city ordinances in place, that would control it. Glen Pond stated that one of the ways we can control it is to not allow them to cross the double line and go around through the courthouse. The mayor stated that if we do that we can't cross it all along. It can't be selectively enforced. Glen asked if we could restrict parking on the street. J. D. said if you have a legitimate reason you could enforce it with police power for a legal reason. (discussion) It was decided that there would be a joint meeting with the Traffic Safety Committee and the police department to discuss the problem. A motion was made to approve the bills by Glen Pond and seconded by Bruce Sutherland. All Aye RE: WORK MEETING FOR THE BUDGET SCHEDULED Richard told the council there would be a work meeting on the budget on the 12th at 6:00 P. M. before the public hearing and after the public hearing. RE: CORNELL PAVED John Millar told the council they have paved Cornell. RE A DISCUSSION ON A POLICY FOR CURB, GUTTER AND SIDEWALK REPLACEMENT A discussion on a policy for Curb, Gutter and Sidewalk replacement. Jim Flamm recommended that we go with a dollar amount and don't pay for any portion for replacement of sidewalks unless a complete sidewalk is already in place. The mayor said we had people from Cornell who were not replacing sidewalks but only the apron on their driveway. They said their driveway was good and we have made them pay for their driveway. (discussion) We don't want to change the policy on the LID. (discussion) The policy will be written for the next meeting. Brad Liljenquist stated that Argus Clinger was wanting to know about his responsibility in the parks. Since Jack left he was wondering just what the line of responsibility was. He wondered if either the Personnel Committee or Parks Committee could address the issue. Richard said there is a job description that addresses it. RE: SAGGING WIRE BEHIND VERN & FERRELLS Brad also stated that there is a wire that sags in the alley behind his store and the garbage truck can't empty the garbage. The mayor said he would have Farrell check on it. RE: HEALTH INSURANCE FOR EMPLOYEES REVIEWED AND DISCUSSED The mayor discussed Health Insurance for employees. We have several people that have different insurance through their spouses and we need I 1 a written policy or agreement on how to handle those. Richard said we have employees that health insurance elsewhere because their spouse has the insurance or their employment is not as stable so they have another insurance. Richard will draw up a draft and let the personnel committee review it. A motion was made by Glen Pond and seconded by Nyle Fullmer to adjourn. All Aye. Mayor, Nil L. Boyle ~~~ / f ~ ~~ ~' City Clerk, Ros ~ a y