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HomeMy WebLinkAbout1994.04.20 CITY COUNCIL MINUTESfM1 City Council 4/20/94 7:30 P. M. State of Idaho) County of Madison ( ss City of Rexburg) Present were the following: Mayor: Councilman: City Clerk: Attorney: Finance Officer: Engineer: Nile Boyle Glen Pond Farrell Young Kay Beck Nyle Fullmer Jim Flamm Bruce Sutherland Rose Bagley J. D. Hancock Richard Horner Joe Laird A motion was made by Bruce Sutherland and seconded by Farrell Young to approve the minutes. All Aye RE: APPROVAL FOR PRELIMINARY APPLICATION TO THE STATE FOR 7TH SOUTH - MAP OF 7TH SOUTH REVIEWED (STORM DRAINAGE) We need to approve a preliminary application to the state for 7th South. A motion was made by Glen Pond to approve the application to the state for the amount of $874,000. Seconded by Nyle Fullmer, Bruce Sutherland voting nay. All other councilman present voting Aye. Joe Laird reviewed the map for 7th South. He explained and discussed storm drainage and design. We will also need to look at a stop light by the Middle School. There is approximately 35 acres on the east side of 2nd East that will eventually be developed and add to need for drainage. We will probably need to start requiring the developer to construct a storage area for on site storm drainage as the developments come in. (discussion storm drainage) He said they had also discussed putting 7th South in an L.I.D. to put curb, gutter, and sidewalks in and to thicken the asphalt pavement so it is thick enough to stand the increased traffic flow that will be using that street when we open it up for the main traffic arterial. Jim Flamm questioned changing the plan so the traffic would catch the businesses on South Yellowstone and on 4th South. The mayor said those are the kind of things we need to decide on design. We don't need to decide that tonight, this is just for an application. (discussion) The mayor suggested that we need to send in the application, and when Joe gets the engineering stuff up, we need to come into about a two hour work meeting and decide the different alternatives. Kay stated that he was opposed to paying the $79,000 for engineering until we have a good work session and have a couple of meetings with the college. Joe stated that there are a lot of things with the college that we are not going to be able to resolve until we get the preliminary engineering done. Richard told the council the $79,000 would come from the budget to repair streets. RE: EMPLOYEES PROPOSALS FOR GOLF, SWIMMING AND SUMMER RECREATION The employees have given the council a proposal for a break on golf, swimming and lessons. A motion was made by Kay Beck and seconded by Bruce Sutherland to approve the proposal as requested and discussed for golf and recreation. All Aye. We will have to get some figures on the bonuses before we can move on it. RE: DISCUSSION ON RECYCLING AND PUTTING YARD WASTE IN THE DUMPSTERS The mayor stated that immediately we need to look at a system to encourage people to not put their yard waste in the garbage. It is costing the county $48 a ton to haul it to Idaho Falls. We need to someway set up some places that people could dump yard waste and work for some type of a compost. Glen was afraid we would get a lot of other things beside yard waste. The mayor said if you get one thing, like a tin can, all of the yard waste will have to go to the transfer station. Starting in October, we will be paying that $48. If any household goods is put in yard waste, it becomes household waste. (discussion) J. D. gave copies of garbage ordinances to the council to review. Richard gave some pros and cons, stating that the person that does not want to pay anything will dump his garbage anywhere out on the desert or wherever he can find a place. RE: PUBLIC HEARING - CONDITIONAL USE PERMIT FOR GREG LUCE FOR LOW-INCOME, MARRIED HOUSING 8:00 Public Hearing for a Conditional Use Permit to provide that the owner of the property located south of West Fifth South and West of South Fourth West Street be granted for development of two phases of apartments, 34 units in each phase. The majority of the units will be two-bedroom and the balance will be one-bedroom apartments. Mr Luce, developer of the property, was unable to attend the meeting. Bruce Sutherland reported the Planning & Zoning had a Hearing and it was brought out that the property meets all the criteria except anything over 23 units requires a Conditional Use Permit and Mr Luce had stated that he could do it in three phases instead on one phase without a Conditional Use Permit. The Planning & Zoning recommended the Permit. Randy Landon- Lyman- As an office of the Off Campus Housing Association, he would like to make a statement with regard to this particular housing complex. It is a Government Subsidized Rental Complex, and as far as they are concerned Rexburg does not need anymore Government Subsidized Housing. Ricks College will be limiting their enrollment to 7500 this year, which will leave close to 1000 empty beds or about 150 empty apartments which could be used for married students. In the correspondency to Senator Craig and Kempthorn, they had received some material back. They are concerned about the survey that was taken, students should be discounted from any survey that is taken showing if you need this type of housing or not. Students can live in this type of housing but should not be counted as people that need to live there. The mayor stated that they can't qualify for government unless they are going to be there more than 12 months. Randy said we don't believe we need anymore of this type of housing. We feel that anymore housing needs to be competitive. There is no way anyone can compete with Government Subsidized housing. The mayor stated he was to a meeting in Idaho Falls and they said, if most of those people qualify for a Section 8 they could rent from anyone if the housing unit will allow Idaho Housing to come in and inspect them. If any married couple that qualify can go to Idaho Housing and get a section 8, and they get the section 8 they can get subsidized rent in anyone's apartments that will get approved by Idaho Housing. Randy said he didn't think any of them had checked into it because they did not believe in it. Mayor Boyle stated anyone that qualifies for subsidized housing only pays 30~ of their income for rent. Kay Beck stated that he had been dealing with married students on campus, they did have a lot in subsidized housing. After visiting the students, there are a lot of married sub standard housing in this town. Dean Ricks- Reading from literature he had received, stated in summary they stated "that F.M.H.A has made no commitments to build further apartments in Rexburg. Proposals have been made and decisions will be made upon receipt of further information, if the facts do not support the need for low income housing, for permanent residents of Rexburg exclusive of students, we will reject the proposal". It looked to him like the proposal had been turned down already. 110 college married couples were in the subsidized housing this year. We have sent a letter with the names of the people living in the subsidized housing. They come in to our apartments and then leave to move into subsidized housing. (copy attached) Bruce told Dean that he felt his point was well taken, the problem the city council has is we are not in an economic control situation. We can only concern ourselves with if they legally meet the zoning requirements, etc. If there was 1000 apartments empty and they wanted to build another we could not stop them, but your point is well taken. Mr & Mrs Con Carlson were at the meeting the property would be purchased from them for the complex. A motion was made by Bruce Sutherland to approve the Conditional Use Permit. Seconded by Kay Beck. Those voting aye: Bruce Sutherland and Kay Beck. Those voting nay: Jim Flamm, Nyle Fullmer, Farrell Young, Glen Pond. Motion failed. The mayor said he could go to court if he wants to build. Glen said what the council was doing was saying they should do it in three stages and not get the Conditional Use Permit. RE: ORDINANCE 756 AMENDING 755 ANNEXING PROPERTY OF THE MOTEL ON WEST MAIN PASSED Mayor Boyle read ordinance 756 to amend ordinance 755 annexing the property of the motel in the city. The property description needed to be corrected. ORDINANCE NO. 756 AN ORDINANCE AMENDING ORDINANCE NO. 755 CORRECTING THE LEGAL DESCRIPTION OF THE LANDS ANNEXED TO THE CITY OF REXBURG, IDAHO; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. A motion was made by councilman Glen Pond and seconded by Nyle Fullmer that the rules requiring and ordinance of a general and permanent nature to be read on three occasions be dispensed with and that said ordinance be numbered 756. Those voting aye: Bruce Sutherland Glen Pond Kay Beck Nyle Fullmer Farrell Young Jim Flamm Those voting nay: None Ordinance 756 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 756 be passed. Those voting aye: Those voting nay: Kay Beck Farrell Young Jim Flamm Glen Pond Bruce Sutherland Nyle Fullmer none 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 was duly and regularly passed. Mayor Boyle declared the motion carried. RE: REPORT FROM PLANNING & ZONING Bruce Sutherland gave a report from Planning & Zoning. He reported on the smaller lot size. It was the Planning & Zoning's recommendation that we create a LDR2 Zone to allow for the reduction of the lot size to 6000 square feet in that zone. RE: REPORT FROM MADISON COUNTY COORDINATING MEETING Jim Flamm reported on the Madison County Coordinating Meeting. They set some direction up into the first of the year. They had decided that we bring in the different groups. The council would report our five year strategic plan and the things we think would be important and each group would do the same. They would try to coordinate those. We F would then get the groups together and decide what we would do each year. That way we feel we will make progress. RE: IMPACT ZONE MEETINGS ANNOUNCED The mayor announced there would be an Impact Zone Informational meeting on April 21 from 2:00 P. M. to 8:00 P. M. On April 26 there will be a Public Hearing at the Library from 7:00 P. M. to 9:00 P. M. on the Impact Zone. RE: BIDS ON PUMP STATION DISCUSSED; MAYOR AUTHORIZED TO AWARD THE BID We opened the bid on the pump station. They came in over budget. John Millar is working with the low bidder to get it down and negotiate. A motion was made by Glen Pond and seconded by Bruce Sutherland when the negotiations are finished and approved by the City Engineer, they would authorize the mayor to award the bid. All Aye RE: NEED FOR AN AGREEMENT TO GO UNDER THE CANAL TO GET WATER TO THE NEW MOTEL; MAYOR AUTHORIZED TO SIGN AGREEMENT We need an agreement to go under the canal to get the water under the canal and to the new motel. The water will go off of 5th West and go west to the County Road and come up to where it makes a bend and instead of following the road, it will cut across the canal at that point over to where the motel will be. It will be extended across their property and available for going on up the airport road to the Transfer Station. The motel is paying for it. We will pay for the oversize of the pipe. A motion was made by Nyle Fullmer and seconded by Jim Flamm to authorize the mayor and clerk to sign the agreement. (on file) All Aye RE: CRACK SEALING APPROVED Kay Beck asked the council to approve the money for crack sealing of the roads. The mayor told him it was in the budget. A motion was made by Kay Beck to authorize Farrell to get with Joe and get the bids out and get going in the crack sealing. All Aye RE: ZONING FOR SMALL LOTS Dean Ricks asked about a time table for the zoning for the small lots. He was told it would have to go through public hearing and would take two to three months. 1~pproval of the bills. A motion was made by Nyle Fullmer and seconded by Bruce Sutherland to adjourn. All Aye. Mayor, N'le L. Boyl, 1~-~--e- City Clerk, Rose B ey A•.v;. United States Farriers ~~ Departaent of No~ee Agriculture Administration 3232 Elder Street ' Boise, Idaho s3~os FECr`dVE7 ;~,~~~; ~ ~ i ,. ~~~ April 8, 1994 Honorable Larry E. Craig United States Senator 2539 Charming Way, Suite #240 Idaho Falls, Idaho 83408 Dear Senator Craig: I h l s i s i (Z r@5pOn¢ae tl~ yUiJr i ityl.i i ry Oi~ behG i f Of se'vera I Of your constituents in Rexburg, Idaho, who contacted you regarding their opposition to additional subsidized housing in the city of Rexburg. Two preapplications for 34 apartment units each, have been filed for assistance under Section 515 of the Housing Act of 1949. Funds are appropriated annually by Congress for this program to provide affordable rental• housing for those families and senior citizens of low and very low income who cannot pay market rental rates for housing within 30% of their adjusted annual incomes. Farmers Home Administration (FmHA> requires professionally prepared market studies to establish need and demand in a community before approving loans. The market studies present a number of factors, which include present vacancy rates, population projections, and quality of the existing housing stock.. FmHA regulations specifically require that temporary residents of a community, such as college students, be discounted in determining need and demand. At this time, the Market Analyst is developing additional i nformat i c:s to mast F:r.HA standardG f nr market s±~,!d i eG _ We also point out that FmHA does have a "Build and Fill" policy which will not allow the authorization of an additional project until any approved proposal has been constructed, filled, and a market for further units established. At this time, South Brenchley Apartments which is designed exclusively for elderly families and handicapped individuals is under construction. Until such time as it is completed and filled, no further proposals can or will be authorized. !f ~~~ In summary, we would state that FmHA has made no commitments to build further apartments in Rexburg. Proposals have been made and FmHA decisions will be made upon, receipt of further information. If the facts do not support a need for low income housing for permanent residents of Rexburg, exclusive of students, we will reject the proposal. On the other hand, if the facts support the need and demand for such housing, FmHA wilt make an affirmative decision in compliance with the Congressional mandates and Agency regulations. We apF rec i ate your i e:torc;st i n -F'~,.:-1~1 hauling ;:rogra,~s, ! ~ w:. can be of further service, please feel free to call on us. Sincerely, I.OREN A . NELSON State Director cc: District Director, FmHA, Blackfoot, Idaho District Director, FmHA, Twin Falls, Idaho RH:jd ~; r ~~ ~. ~ ~ - t t : ~:.. , r j, + .+, ,. •_ ' ~~~':~ ~." .: _ i r~; ' .. •.I - ~.1.~ - ~~N[Ntp' .• ~~ ~i *b o ,~ ~+o~~~~ April 8, 1994 U.3. Dspartm~nt of Houaln~ And Urban Dw~lopm~nt ~ ,-,, Boise Office, Region X Plaza iV, Suite 22a 800 Park Boulevard Boise, Idaho 83712-7743 Honorable Larry E. Craig United States Senator 2539 Channing Way, Suite 240 Idaho Falls., ID 83404-7516 Dear Senator Craig: We are in receipt of your letter dated April 4, 1994 relative to concerns from v~ur .constituents, Scott Kidd, Rusty Townsend, and Garth Oake y. The Portland HUD office handles multi-family functions for Idaho. Consequ ently, we are forwarding your letter to Dick Brinck, Manager of the Portland office for a resp nse . y s ely yours, G y G 1 spie Boise ffic Manager cc: 10.3S Brinck Portland Office ,~ .. '.x' y,. ~,_ ,; , , _ ~ ,;.Y ': i ~ ~ ,f ': ~" ~~ t . pcr ~ ~ ' ,, i :. . .... ~. _ •.i ~, . •~; `. CANAL CROSSING AGREEML-NT 93-224 This agreement between the Rexburg Canal Company and the City of Rexburg is to allow the City of Rexburg or its Contractor to install a waterline under the Westfield Branch Canal at a point approximately 600 feet East of where the canal crosses under U.S. Highway 20. The canal company agrees that it will allow the City or it's Contractor to make the installation of a 12" ductile iron waterline under the canal prior to the canal being filled if the following conditions are met. 1. The canal is restored to its existing condition prior to water enter?ng the canal; 2. That the City take responsibility for any leaks or dike breaks which may occur as a result of this crossing within a time period of three (3) years from the date of installation; 3. Assumes all costs for the installation of the waterline, dike repair, canal repair and other related work. The City of Rexburg hereby agrees to the following conditions. 1. That the Ciry or it's Contractor will install the waterline according to standard require- ments; 2. To make all necessary repairs to the canal where the crossing is made and restore the .canal to it's original or better condition; 3. Assumes all responsibility for any leaks or dike breaks that occur at the location of the crossing due to the excavation and installation of the waterline; 4. Provide an inspector to insure that all work is done according to the approved plans and specifications and to the requirements of the canal company. This agreement is made this 20th day of April, i 994. Nile 1e, Mayo .. __ /2. 4 Rose Bagley, C' Cl Keith Erickson, Rexburg Canal Company ;.>: ,,,+ :~~:~ . ,ti, ~:, AGREEMENT 93-224 This agreement between the Rexburg Cana! Company and the City of Rexburg is to allow the City of Rexburg or its Contractor to install a waterline under the Rexburg Canal at a point approximately 800 feet East of where the canal crosses under U.S. Highway 20. The canal company agrees that it will allow the City or it's Contractor to make the installation of the 12" ductile iron waterline under the canal prior to the canal being filled if the following conditions are met. 1. The canal is restored to its existing condition prior to water entering the canal; 2. That the City take responsibility for any leaks or dike breaks which may occur as a result of this crossing within a time period of three (3) years from the date of installation; 3. Assumes all costs for the installation of the waterline, dike repair, canal repair and other related work. The City of Rexburg hereby agrees to the following conditions. 1. That the City or it's Contractor will install the waterline according to standard require- ments; 2. To make all necessary repairs to the canal where the crossing is made and restore the canal to it's original or better condition; 3. Assumes the responsibility for any leaks or dike breaks that occur at the location of the crossing due to the excavation and installation of the waterline; 4. Provide an inspector to insure that all work is done according to the approved plans and specifications and to the requirements of the canal company. This agreement is made this 20th day of April, 1994. Nile Boyle, ayor Rose Bagley, Jerk Keith Erickson, Rexburg Canai Company