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HomeMy WebLinkAbout1994.05.04 CITY COUNCIL MINUTESP f State of Idaho) County of Madison( ss City of Rexburg) Present were: Mayor: Councilman: -,Pledge to the Flag. City Council 5/4/94 7:30 P. M. Nile Boyle Bruce Sutherland Jim Flamm Nyle Fullmer Glen Pond Farrell Young Kay Beck A motion was made by Kay Beck and seconded by Bruce Sutherland to approve the minutes. All Aye RE: RECONSIDERATION OF THE CONDITIONAL USE PERMIT FOR GREG LUCE - MARRIED STUDENT HOUSING - C.U.P. APPROVED Reconsideration of the Conditional Use Permit for Greg Luce for development of two phases of apartments, 34 units in each phase. A majority of the units will be two-bedroom and the balance will be one-bedroom apartments. The property is located south of West Fifth South Street and west of South Fourth West Street. A couple of councilmembers asked that we bring it up for reconsideration. Greg Luce- Handing out an article from The Boise Statesman which discusses poverty in the State of Idaho. When he began to build the South Brenchley Apartments, he hired a Market Study person and asked him to look at it for seniors. He came back and said there was a market for seniors, but a very strong market for moderate married student assisted housing. They have built South Brenchley and tried to be a good neighbor and tried to make all the improvements that they have been asked to do. He stated that we think it is needed. Our property will not generally compete with Student Housing. This housing is not for students, unless they are handicapped. If he did convert it to student housing, he would loose the assistance that the federal government provides. The market man told him 1700 units were needed and he thought that was a lot so he checked with him again and found that was correct. Needed assisted housing was 750. We feel the number one need is for assisted family housing. He is asking to do his housing in two phases rather than three. It takes about 1 1/2 years to complete the application process. We then have to complete the process before we can start the next phase. Jim Flamm- The reason he had voted against it was because he did not know why we had to have that hearing and did not see the necessity to jump through that many hoops. Since then he found out it is a State Law requiring two hearings. He does not have anything against the project. Glen stated that he understood that the only reason that he needs a Conditional Use permit is to do the the project in two phases instead of three. The Mayor explained that according to our Zoning Ordinance, he is okay with the zoning but for any development larger that 23 units it requires a Conditional Use Permit hearing from the Planning Board and The City Council and to see if there is any problem with the infrastructure. There is no problem with any of the infrastructure. The Planning & Zoning recommended that we allow the development to be built. A motion was made by Kay Beck to approve the Conditional Use Permit, seconded by Bruce Sutherland. All Aye except Nyle Fullmer voting nay. Greg Luce thanked the council and asked them to come take a look at South Brenchley Apartments when they are finished the first of June. ,, RE: MADISON BASEBALL ASSOCIATION - USE OF COLLEGE FACILITIES, CARE OF CITY BALL DIAMONDS Randy Huskinson from the Baseball Association. He would like to ask for the Council's support in exercising some influence on the college in the use of some of their facilities. Our facilities are used pretty much wholesale by the college and we approach the college to use their facilities for practice and we are denied that opportunity. He would also like to come to next council meeting. They would like to propose a structure use of the fields with a scheduling basis with approved coaches. Glen Pond suggested that he talk to Brent Kinghorn, Brent is the Community Relations Director for the college. Contact him and see what response you get and then come back to the council. Right now there is a lot of baseball and we need some places to practice. The next item he wanted to discuss is to request that Clair Boyle get some additional assistance in taking care of the diamonds and also asked that we could implement the care taking of those diamonds a little bit earlier in the year next year. There are some conditions that are shaky like the in field has pot holes, there are sprinklers that are holes and we are going to hurt some youth. Clair does a really good job, but he needs a little bit of extra help. Clair needs some help earlier in the season, like about the middle of April when they start practicing. The mayor told him we have a contract with the schools and they should take care of Community Park until school is out. Randy said they would work with the school and work with them on scheduling. He felt that Clair could use some help to get the diamonds up to a condition that would be safer. RE: DISCUSSION OF TETON PIPELINE ASSOCIATION LEASE Roger Hoopes- Representing Teton Pipe Line Association- Teton Pipe Lines has leased some water from the city for the past 15 or 20 years on five year leases. Their lease expired in December. They are approaching the council tonight to renew that lease for another five years. He had prepared a draft similar to the one that just expired. The mayor stated because of our involvement with the water adjudication and the ground water pumping thing that came through the Supreme Court we have some expenses. We gave them $1000 on the adjudication. We are not trying to make money on this water thing, but we are trying to break even. Roger said he understood, in fact the old lease was $2500 per year, and two years ago when he came in to make the payment the mayor suggested, not with standing what the lease said, it should be up to $3000 because of the expenses and they had paid that amount for the last two years. The proposed lease is at $3000 and he had assumed that is what it would be. When we went through the adjudication, the city had not adjudicated that water and at least the portion they had been leasing and they had taken care of the adjudication for the city. The mayor stated that we want to make sure that we maintain those water property rights. Roger said they have appreciated the use of the water in the past and would like to continue. The mayor stated he thought we should take the proposed lease and have J. D. Hancock look at it and take it up in two weeks. Farrell Young suggested that we might want to look at the price structure more than every five years. The mayor said the only other expenses we have is when we abandoned the ditch through town we do have to supply water to a few places and maintain the ditch from the high school on up to the Teton River and we want to cover the expenses. We need to review if $3000 is enough. Jim asked if there is anyone else interested in that water and could the lease be done at $3000 or what we determine with a provision that increased costs will be passed on? Roger said they would not object to that as long as it did not get out of hand. Roger stated that he had not reviewed that water right for two or three years, but as he recalled there were 13 C.F.S. total and they leased 1/2 of it because of the other people that were interested in it. Over the years if they have not used that water, they would be interested in leasing the full 13 C.F.S. The reason was that the other 6.5 C.F.S. was given to the Rexburg Canal Company to furnish water to the south end of 5th West, the area that used to be watered by the ditch. We would check into it, and J. D. will review the lease. Jerry Jeppesen advised that the city be real cautious on the use of the water, because they are re-evaluating it. Any water that isn't used r ,~ .~ / ~ y~, will be lost. A water right really holds to a piece of land, it is designated tYiat way, and if the land changes use, sometimes that water right is lost because of non use. You need to be careful to make sure that water is transferred if it is not being used. RE: RAILROAD CROSSING AGREEMENTS FOR 2ND SOUTH & 2ND NORTH - RECOMMENDATION MADE FOR FORSGREN ASSOCIATES TODO THE WORK Two weeks ago we approved railroad crossing agreements for 2nd South and 2nd North, since that time they have sent us an approved list of engineering firms that are capable of doing that work and if we take someone off their approved list we just need to make the motion that we are going to hire them and proceed. On the list are Forsgren Associates, Power Engineering and Harper Leavitt, who were local. We have already paid them our share, and all the rest of the money will be paid by the State Transportation Department and the Railroad. (Joe explained the improvements) A motion was made by Glen Pond and seconded by Nyle Fullmer to recommend Forsgren Associates to do the work. All Aye RE: HEARING SET FOR TRIANGULAR PROPERTY BY MILLHOLLOW & SHOSHONE The mayor stated that we need to set a hearing. He explained the triangular piece of property up where Millhollow comes down and Shoshone comes down, that was deeded to the city because of lack of payment on an L.I.D, it is possible to change the alignment on Shoshone and make a better access into Millhollow. To do that we would have to have a hearing because it would require vacating a piece of the street. A motion was made by Nyle Fullmer and seconded by Glen Pond to set a Public Hearing for June 1. All Aye. We would have to take out some curb and gutter and some new street and some of that cost would be born by the property owner and we have not really met to see who is paying for it. RE: HEARING SET FOR THE BLOCK GRANT FOR THE WASTEWATER TREATMENT PLANT We need to hold another public hearing for the Block Grant for the Wastewater Treatment plant. A motion was made by Glen Pond and seconded by Nyle Fullmer to set a public hearing for possibly May 18. All Aye. RE: REQUEST FROM THE SENIOR CLASS TO DO VIDEO ON MAIN STREET Steven Lofgren from the Senior Class was at the meeting. The Senior Class want to film a video on Main Street. They don't want it blocked off they just want to film from 9:00 P. M. to 11:00 P. M. on May 13 to film a scene for their video. They would have a tripod set up in the intersection. It won't block off traffic, but it might divert it. The mayor told him they would need to coordinate it with the police with Chief Siepert and Nyle Fullmer and put cones out. RE: PROBLEM WITH GRAFFITI The mayor discussed that we are getting a problem with Graffiti during the last three months. Glen suggested that we have put a lot of money and time into the Park restrooms. The entrances have been changed. If citizens see vandalism going on they should let us know or call the police. RE: DISCUSSION OF GARBAGE PICKUP - YARD WASTE The mayor discussed the garbage pickup and recycling. We need to decide where we can put yard waste. We still can put it in containers. Anyone that has an idea of a place let us know. It is very costly to haul garbage. RE: REPORT FROM PLANNING & ZONING - NEW RANDALL ADDITION DISCUSSED (SUMMERWOOD SUBDIVISION) COMMENTS FROM RESIDENTS ON K STREET AND SUNSET CIRCLE Bruce Sutherland made a report from Planning & Zoning. He reported on a presentation of the initial drawing of the new development of the I ,~ '': Randall Addition that lies between the Sunset Circle, K Street and the Ricks Wade Addition where the Stake Center will be built. There was considerable talk as to where the church was going to sit, about the street accesses. The primary reason they met with the P & Z was not to address that issue but was to address the possibility of a Conditional Use Permit to be allowed to put Town Houses on the west end of that property facing the Golf Course. The issue arose of the traffic on K Street and whether or not to have a street access in Sunset Circle. The Randall Corporation said for good planning it would be a good idea, but they had no commitment on it one way or the other. The people from K Street had some concerns about traffic flow and so the Planning & Zoning after some discussion about the need for traffic flow and ingress and egress, suggested the Council discuss it. There was a straw vote by Planning & Zoning and they supported the concept of making an access road through the circle. The mayor told the group that this is not a public hearing for that, but any comments are welcome. We will take testimony for 30 minutes. Nothing will be voted on tonight. Mike Clements- 95 West Sunset Circle- He would have preferred to wait until the plat was presented to have this discussion. (reading a presentation, copy attached) Farrell Young asked about his feeling if a sidewalk went through. Mike said he had no problem if it was put on the east side of the property between his property and the Henderson property. Brent Eames- He represented some of the newer people that moved in the area. They bought a lot in Sunset Circle about three and a half years ago. A majority of the people moved into Sunset Circle after the minutes of the meetings that took place between 1969 through 1974. Like other people they thought they were buying property that would be in a circle with fairly limited access of traffic. If they were to look at the plat, it does not show any access going north out of the circle. There is on the back of the plat, a copy of minutes that indicate a possible right-a-way. As Mike has indicated there was conflict as to how that was to come forth and what the conditions were. When they moved in they understood it was a circle and there was no possibility of a road going through there. One of the conditions was that the Randalls present a plat and they have not done that until now. They had a time frame to get a plat in and they did not do that. If you were to research that, you would still think there would not be an access, it would just be a circle. They also have a concern because they have a number of children in the circle. As he understood it the purpose has changed, the purpose of having a right-a-way through there at one time was so if there was a sub division on the Randall property there would be a way to go through. As he understands it that is not necessary now and the purpose has changed. Looking at all the minutes as this was discussed, conditions were given and when the final plat was approved after all these meetings it was approved and there was no indication on the plat that there would be a right-a-way through there. He felt the city at that time did not follow the legal requirements. In the Idaho Code it states, when you present a plat you are suppose to have all the streets designated. He felt confident that there was no legal basis to go by the minutes on the back of the plat, because the conditions had not been met, the plat had not been modified or changed to show that street. He understood that the city can come in now and condemn that, but as he understood that would only be in a situation where there might be a public necessity, a public emergency situation. He felt it would not be in the best interest of the circle. The mayor stated that he had heard that on every title policy given in the Sunset Circle it had a rider with those minutes with a possibility that that street might be opened. was that on your title insurance? Brent said he did not remember that. Paul Kotter- K Street- We purchased our home at the end of K Street 10 years ago. We had no idea there was a situation going on for 25 years that would be such a conflict. In looking back through the minutes, this is not something that just happened over night, but it started in 1969 when there was conflicts between the different property owners with what needed to be done and what wasn't done and it started up ., i' `? iii again in the spring of 1974 and went through the summer before the council and Planning & Zoning. (he quoted from minutes about street access to a sub division with regard to Sunset Circle and the Randall Addition) In 1974 this was suppose to be taken care of, but here it is again 20 years later. Now everyone has feelings about it. He felt it would be in the city's best interest to hire a traffic engineer or have someone look into it. Also in the Planning & Zoning meeting it appeared that the Randall Corporation had every intention of having their plat approved at that time. He felt there was some serious problems with the plat and there are some alternatives that haven't come up with the issue of a traffic engineer could design the plat so the traffic does not dump into K Street. Our whole contention on K Street is our street is a 35 foot street and you are talking about 50 foot streets in the new Summerwood Addition with 60 foot right-a-ways. He just could not imagine having all that traffic come down their little street with their 40 plus kids on the street. They feel that the situation is if there is an access to Sunset Circle it is really between the city and Sunset Circle and the Randall Corporation. We feel the plat as proposed is not acceptable. We don't feel Marianne Street to be an egress street, because it doesn't go anywhere. Bruce clarified the Randalls were there primarily to seek a Conditional Use Permit. Roger Hoopes stated that was correct. Marv Goodliffe- 70 K Street- He understood Clements concern about cutting through his property. There is a contention that there be a roadway through there. He has eight kids and he does go on a lot of accidents on narrow streets. Traffic is a concern. If the plat could be modified so Sunset Circle could keep their street the way it is and get the road way up along the north end of the property and keep K Street the same width as it is. They had taken the plat and changed it around and it is within one lot of being identical, but there would be a little bit of changing of sizes of lots. The mayor asked Roger Hoopes if the church had already bought the property? Roger said the sale had gone through. He stated other alternatives had not been discussed with him. The engineer that drew the plat had not mentioned it to him. Their concern right now is the Conditional Use Permit. The Randall Corporation has no preference if there is a street there, and they have not submitted the plat because they don't know whether to put a street in. They just need somekind of a decision, before they can submit the plat. The mayor stated we will have some meetings and try to resolve the problem. The city is on a limited street budget and the cost to put the street in would be about $12,500 and that has nothing to do with property and he didn't think the council would be happy to pay that money out for a street when we have streets all over town that need repairs, unless that would be paid for somewhere else. Sandra Leishman- Sunset Circle- She would be hopeful that the plat could be changed for a road directly to 5th West. They had lived in Sunset Circle since 1974 and when they were going to purchase their property they looked for a dead end street and felt the Circle would be a good place to build a home. Neal Erickson- Sunset Circle- If the council sees it feasible to put a sidewalk through there, he would help pay his portion of putting the sidewalk through for an access over to the Stake Center. He thought that would be a good idea. The mayor stated the reason that was brought up was in similar situations if there isn't a way through, the kids are not going to walk around, they will go through someone's back yard. Jim Flamm- Part of the reason Joe came up with the sidewalk issue was for two reasons, in order to get enough pressure for fire protection that needs to be a tie in with the main water lines in Sunset Circle and the new addition. There has to be a big water pipe put in between those two additions to assure water pressure. We need an easement through Mike's property for that, and felt like we should just cover that with cement for a sidewalk. Mike said the ideal place would be .,t S ) jj , , along that property line. He discussed changing the road to the north and the amount of traffic and accesses. Bruce Sutherland- He lives on Birch which is a main feeder street to the upper hill. Several years back they had 40 kids on that street which is about the width of K Street. People would come up and down that street fast. All the people got together and petitioned the City Council to put in a speed dip, which they did. It really helped. There are some options. Everyone would like to have a dead end street, because there is not a lot of through traffic. Our kids have run back and forth across the street and we have not had anyone injured. Bruce reported the balance of the Planning & Zoning meeting. Farrell Young reported on the tabernacle roof. A motion was made by Kay Beck and seconded by Jim Flamm to pay the bills All Aye Meeting adjourned. i Mayor, Nil L. Boyle City Clerk, Rose Bag 1 ,~,, 2 April 1994 Rexburg City Council Rexburg, Idaho Ta whom it may concern: Over the years there have been many rumors and discussions concerning a street through the north end of Sunset Circle. For the fifteen years that we have owned the property at the north end of the circle no one has formally approached us about purchasing a right-of-way through our property. However, this has not stopped this from being an issue in the minds of the neighborhood. In recent months the neighborhood concerns have been more intense. We originally purchased the building lot east of our home to extend our yard. Over the years we have maintained the lot as an extension to the yard. Recently our neighbors in Sunset Circle have expressed their concern about the possibility of the lat being used as a street. They are opposed to a street. We have indicated to them that it is not our intention to sell the lot in question. Therefore we want to make it clear that we do not intend to sell the lot located east of our home. We did not originally purchase the lot for resale. To sell it now goes against that original purpose plus jeopardizes our integrity with our long time neighbors. Michael R. Clements N6D Genay Clements ~ r ~_ '° ,. ., ,. _ , t ~ ._ .. ' ~; ~ ~ !? .~ i' i