Loading...
HomeMy WebLinkAbout1994.06.23 CITY COUNCIL MINUTES_..~ y 1 DATE: (062394) State of Idaho) County of Madison( ss City of Rexburg) Those Present: Presiding: Councilman: Excused: City Clerk: Attorney: Finance Officer: Engineer: Pledge to the flag. City Council 6/23/94 7:30 P. M. Glen Pond, Council President Kay Beck Farrell Young Bruce Sutherland Nyle Fullmer Mayor, Nile Boyle Jim Flamm Rose Bagley J. D. Hancock Richard Horner Joe Laird A motion was made by Farrell Young and seconded by Nyle Fullmer to approve the minutes. All Aye RE: PUBLIC HEARING TO CREATE 4 NEW ZONES TOPIC: (19,9,,,ZONING,AGRICULTURAL) 7:30 P.M. Public Hearing regarding proposed amendments and changes of Ordinance 725, to create four (4) new zones designated as Rural Residential (RR), Agricultural (A-1), Agricultural (A-2), and Low Density Residential (LDR-2). There were no comments from anyone in the audience. Bruce Sutherland reported from Planning & Zoning that at their meeting last night, the Planning & Zoning tabled a decision on the RR, A-1, A-2 because to further clarify the definitions of those zones. It was recommended that we approve the zone LDR2. A motion was made by Kay Beck that based on the Planning & Zoning recommendation that we approve the LDR2 Zone. Seconded by Nyle Fullmer. All Aye Glen announced that we will take up the other zones after Planning & Zoning make their recommendation, so that would be tabled. RE: PUBLIC HEARING TO CREATE LDR2 ZONE IN RICKS-PALMER SUBDIVISION TOPIC: (19,9,,,ZONING,RICKS-PALMER SUBDIVISION) 7:45 P. M. Public Hearing regarding proposed amendments and changes of Zoning Ordinance 725 to change the zone from LDR1 to LDR2 in some lots of the Ricks Palmer Subdivision. At the Planning & Zoning meeting there was a lot of opposition to that and the developer withdrew his request to rezone the lots, so it will not be discussed tonight. RE: APPLICATION FOR A VARIANCE FOR JUNE WICKSTROM TRAILER AT 75 S 5TH W #22 TOPIC: (19,9,,,VARIANCE,TRAILERS,TRAILER COURTS) Doug Wickstrom was at the meeting to explain the problem. When we went to Planning & Zoning they were told they did not need a variance, but just need permission from the city council to be able to leave it where it is temporarily until such time as his mother passes on and then we can move it. It sets about 8 feet closer to the street than it should be. It is set back about the same distance as the trailer on the other end of the park. We are about 8 feet inside the fence that has been there 30 years, and was not aware that it should be in farther. It would be very costly about $1500 to move it again. Joe Laird reported and showed a drawing of the trailer in the area. The trailer is set approximately 6' inside the right-a-way of the street. There was a complaint from a lady in an adjacent trailer. Even if the trailer is turned, rotated 90 degrees, it would be 6 feet /~ off of 5th West and 18 feet off of 1st South right-a-way. It is suppose to be 8 off of the interior streets. If you do all those things you are still 17" from the adjacent mobile home. The mobile home ordinance says they are suppose to be 20' between trailers in the mobile home court. The alternative would be to revolve it and then they would have to go before the Planning & Zoning for a variance of the various setback requirements to allow the 17 feet set back. The council felt it could not be in the city right-a-way and that if we allowed this it would set a precedence. When a trailer goes in a trailer court it ie not required to get a building permit, so this was not checked before it was moved in. Planning & Zoning recommended that we pass an ordinance or amend our ordinance to require a permit. A motion was made by Bruce Sutherland that they turn the trailer and go to Planning & Zoning to request a variance. It is not allowed in the City right-a-way. Seconded by Nyle Fullmer Those voting aye: Kay Beck, Bruce Sutherland, Nyle Fullmer, Those voting nay: Farrell Young RE: PUBLIC HEARING TO ZONE LAIRD & RIGBY/MORRELL PROPERTY LDR1 TOPIC: (19,10,,,ZONING,LAIRD,RIGBY/MORRELL) 8:00 P. M. Public Hearing that the following described property which have not previously been zoned, be zoned LDR1. (Joe Laird property, Rigby Morrell Property). The property is South of West Main and West of the Starlight addition. Glen opened the meeting for Public comment. No one was present to comment on the Zoning. The recommendation of the Planning & Zoning was to Zone that property to LDR1. A motion was made by Kay Beck to zone the property LDR1 as presented. Seconded by Bruce Sutherland. All Aye Bruce made a report from Planning & Zoning. RE: DEPARTMENTS SELLING SUPPLIES DISCUSSED TOPIC: (19,10,,,WATER DEPT.,CITY DEPTS.) Sale of supplies- Glen discussed that we have a problem in the Water Department with contractors coming in when they run out of supplies and ask the city to sell supplies to them The problem is one contractor has made it bad for the rest. We have billed one contractor several times and he has not paid for the supplies. De Lynn was concerned whether he should continue to sell. He asked the council to make a decision about sale of supplies to contractors. (discussion) A motion was made by Nyle Fullmer that we end the practice of sale of supplies in all departments. Seconded by Bruce Sutherland. All Aye RE: PUBLIC HEARING TO AMEND THE BUDGET TOPIC: (19,10,,,INDUSTRIAL PARK FUND,BIKE PATH,BUDGET,REDEVELOPMENT) 8:15 P.M. Public Hearing to amend the budget. Richard Horner explained there are two funds that need to be created. (1) Industrial Park Fund, has some grant money coming in this year and it could be as high as $500,000 in total before September 30. (2) The bike path fund at approximately $50,000, part of that will come from the Redevelopment Fund. No one was at the meeting to comment on this amendment. A motion was made by Bruce Sutherland and seconded by Farrell Young to amend the budget as explained. All Aye RE: PRELIMINARY PLAT FOR SUMMERWOOD (RANDALL SUBDIVISION] PRESENTED TOPIC: (19,10,,,RANDALL SUBDIVISION,SUMMERWOOD,PLATS,SIDEWALKS, STREETS) Glen Halverson presented the preliminary plat for the Randall Sub Division (Summer Wood Subdivision). Going through the list prepared by Joe Laird. 1. No problem 2. Streets & Width of streets- A right angle turn at West 2nd North and K Street, would be changed with a radius and a bend. Glen said they had no problem with that. They will use a wider street 50' back of curb to back of curb down to the intersection and the rest of the streets be 40' back of curb to back of curb. ll 3. Sidewalks-They have shown on the plat 4' wide sidewalk from the back of curb which is the city code to his knowledge. They will try to keep the mailboxes off the sidewalk. 4. Pedestrian lane to Sunset Circle from Summer Wood Drive- The people from Sunset Circle said they did not want a road access, but would like a walkway provided. Kay said if those two areas want to get together and make a walkway and take over the maintenance and everything that is okay. The city either needs to get in the business and put that street through or get out of it. Glen Halverson said it would be unfair to ask the Randalls to build anything across there to connect Sunset Circle. There may be problems with their storm drain and with their water pressure, but they have indicated that they did not want anything to do with us. Bruce asked if there would be a problem getting an easement for the water line for specifically the city? Glen Halverson stated Joe's idea was a good idea to loop water lines. We are coming in last and everyone has developed around us, but we are being asked to clean up everything that wasn't done right the first time and it would get to be a burden on the developer. If the city is willing to cover the cost of these items it would be okay? Bruce said it wasn't the intention to make the developer pay for connecting lines, but would be smart to bring the water line through. Glen Pond stated that city engineer, water, and sewer department will address the water line and the depth of the sewer line and we will decide as a city the depth of the water and sewer line that connect in there. Until they make comments on it he did not know what that would be. That will be resolved on the final plat. 5. Mail boxes- They will talk to the post office and determine where they want them to be put. 6. Maintenance on the green belt will be taken care of, and will be included in the Restrictive Covenants. 7. Storm Drainage- This will be resolved in the final plat. 8. Power line easements- There will be no problem with giving the easements. 9. No problem with a 10 foot easement along the irrigation easement. Everything will be underground. 10. No problem with the street lights. 11. Street monuments- no problem with that. Kay asked about the new ordinance that talks about a five foot sidewalk, and should we go with the four foot sidewalk they have specified? Glen Pond stated we have a developer that has come in under the rules that are in existence. He did not think we were in a position to change that in the middle of the stream, where they have gone to the expense to draw in the four foot sidewalk under the existing law. We could ask them to do that but not require it. Kay felt that a four foot sidewalk is not big enough. Nyle felt that if we are getting ready to amend the ordinance to say a five foot minimum, we should go ahead and request them put in a five foot sidewalk. He felt they should rearrange the plat because he did not feel it was in the best interest in accommodating the residents down there the way the area is being developed. Roger Hoopes- represent the Randall Corporation- The plat that the council is looking at is the one the city engineer drew and it has the church in it and that is not part of the actual plat that they submitted. The ingress and egress to the church will be on the south. The one thing that the Planning & Zoning did with regard to the sidewalk, they said when the church presents their site plan it will l ~, deal with the sidewalks and those sort of things. It will be true with the sidewalk and the ingress and egress, and driveways. The Planning & Zoning talked about sidewalk and street width. They were concerned about the street width because people will park on the street. When you have a large crowd for things like stake conference, you will have people parking on the street although he did not think it would be a big problem. A thought had occurred to him, because of the concern about traffic, not to make a rounding corner but. to make it square and ask the church that their driveway be as wide as the street. Alan Palmer stated they could put the access where you want it. (Roger discussed it) The Randall Corporation does not want to have a pedestrian walkway from Sunset Circle to Summer Wood. We don't think it is a good idea and who would maintain it? It would cause them to redraw the plat and change the lots. As far as the 50 foot street size curb to curb , if that is what the council suggests they can do that. As far as the water connects, the Randall Corporation want to be good citizens and comply with the code and requirements and we think we have done that. If the city wants to connect in and the engineers want to loop the water and connect it with Sunset Circle and Ricks Wade Addition, that is fine but it should not be at the developers cost. The ordinances require us to only provide the utilities and service for the land we are developing and we have done that. If it would help the Ricks Wade Addition, Sunset Circle and IC Street to hook into it, that would be fine at their expense. Sidewalk width will be addressed around the church when they present their plan. As far as the Randall Corporation is concerned, we have complied with the statue. He understood that the city is planning to change the requirement for a 5' sidewalk and in the spirit of cooperation they would not have a problem with a 5' sidewalk. We only hope the city would not ask them to do something that ie not fair and a burden on them. Councilman Fullmer suggested that another plan would be better. That has been discussed. Randall Corporation looked at that and talked to their engineer and talked about the cost to do it and the affect on the lots and they declined to change the plan. There was a petition presented last night by the Ricks Wade Addition indicating they did not want the church moved, they want it right where it had been designed to be. He had noticed one thing that everyone wants the church and likes the idea of the development in the area. He would encourage the council to approve the plat. George Quarez- 554 Angela in the Ricks Wade Addition- I signed the petition in favor of the church being built next to us. It would be a blessing to him and his family to have the church in our neighborhood. Alan Palmer represent the L.D.S. Church- The church does recommend the approval of this plat as present with the recommendations that were made. Farrell asked him is the church planning for a ball field and will it be lighted? The church has enough property to put a ball field but there is no approval from the church now to fund the development of the ball field development or to fund lighting on the ball field. It would probably have to be presented as a conditional use separate from the church house. He would hope to see it developed at the same time as the church, but there is no assurance it will be. In determining the parking, the code requires 79 parking places based on the seating in the chapel. The church has done extensive surveys at meeting houses. They have hired outside consultants to count the number parking for whole Sundays. With two wards the parking will peak at about 123 to 170 vehicles. With a four ward building a peak is higher just under 200 vehicles. In this parking lot now it is shown for 241 parking places which exceeds the code. The church want to get their people off the street. There will be about two or three times a year when that parking lot will be substantially full or over flowing, about 6 hours a year. Discussion on the parking at the East Stake Center and the North Stake Center and it appears there is enough parking at both of them. 13 The location of the accesses as stated by Roger, there may be some consideration with a three way or four way stop. They are willing to work with the city. Jan Wright- 237 Maryanne- She took the petition around their neighborhood. With the disagreement that there has been, they would like to voice their opinion because we were afraid we might not get the church. We would like the church on the property as it has been drawn on the plat. They would like an access to the church on the west end. Alan Palmer stated we don't want people cutting through the parking lot to avoid going to the end of the street. Marv Goodliffe- K Street- You just talked about the trailer house easement earlier in this meeting. We have talked about an access road going into Sunset Circle and the Randall Corporation at one time was in agreement of amending their plat to allow that. In the meetings we attended before, we were told that would not happen because of the cost. Now they are talking about a sidewalk, easements for water, sewer and storm drain. They have asked not to have any access to that subdivision and now we are handing them a walkway to that. It has already been given as a roadway and now we are asking permission for an easement to run our utilities. How was Mr Clements given the right to build his house or even purchase that piece of property when it was designated a roadway? J. D. Hancock told him it was bought at his own risk. Glen Pond told him he didn't think this council could address what happened in the 70's. None of this council was there. Whether it is legal or not we have not elected to pursue it in court. Nyle Fullmer said that neither the Randall Corporation or the Sunset Circle have made the request to put that road through there. The only people that have made the request is the people on K Street, and the city is not in the position of going in and saying we will request and we will require people to put a street where they don't want to put them. Any developer in town can lay out this plat as he chooses and if it is accepted by the city he can go through and develope the streets and we accept them as developed. As far as he knows the Randall Corporation has not made a formal request to continue to develope through Sunset Circle and neither has the Sunset Circle and at that point it becomes a mute point. Whether it was designated as such, if the developer chooses not to put the street in nobody is under any obligation to put it in. It is not the city's obligation to pursue it. Nyle stated that if mistakes were made, we are trying to correct them. We are trying to keep from making mistakes. Marv argued that the street should go through. Nyle stated again that the city is not in the business of developing streets. Kay Beck, he understood that originally the Randall Corporation was willing to put the street in on their property, but it was the city who decided to follow up on it because they felt it was not worth the cost for us to pursue it. He told Marv that they could take the Sunset Circle people to court and have the expense of it. There are people sitting on this council tonight that agree that that walk should not go through. He did feel that hooking the water up does make good sense. Nyle asked John Bowen how wide the streets are in the Indian Hills Subdivision? John Bowen stated the street in front of his home is 60 foot back of curb to back of curb. The other streets are the same width as K Street and Maryanne 40' curb to curb. {discussion on street widths) Glen told the group he did not think we need to debate the streets again, it was debated last night. If they want to proceed on the plat we need to take the Planning & Zoning recommendations. Glen Pond told them that when they put in the curbs and gutters that they comply with the A.D.A. Standards and Handicapped accessible. /~ Marv Goodliffe said if at all possible they would like a speed' bump at the north end of K Street. That would be turned over to the Traffic Safety Committee. Discussion on streets and traffic control. RE: SUMMERWOOD PRELIMINARY PLAT ACCEPTED WITH 5' SIDEWALK RECOMMENDATION & STREET WIDTHS SET TOPIC: (19,14,,,SUMMERWOOD,SIDEWALKS,STREETS,PLATS) A motion w8s made by Nyle Fullmer that we present the plat with five foot sidewalks and follow the Planning & Zoning recommendations at this time with the 50 foot and 40 foot streets. That we as a council do not recommend the walkway between Sunset Circle and Summer Wood Subdivision. Discussion. Glen suggested that we need to address all the items that the Planning & Zoning recommended. Joe stated that a lot of the things can be addressed in the development agreement. Seconded by Bruce Sutherland. All Aye. RE: COUNCIL SUPPORT FOR A HEALTH PROFESSIONAL LOAN REPAYMENT PROGRAM Glen read a letter from Keith Hale as a Health Care Administrator at the hospital. he would like the city's support for a Health Professional Loan Repayment Program. This is no obligation to the city, only our support. The council will give their support. The city received a letter from Donna Dearden to apologize for her comments at the last meeting. RE: LEASE CONTRACT WITH WEST ONE BANK EXPLAINED TOPIC: (19,14,,,WATER LINES,SEWER LINES,LIFT STATION,BUDGET, WEST ONE BANK,BANK OF COMMERCE) Richard explained the lease contract with West One Bank. With the cash flow requirements for water and sewer lines and main sewer lift station, he checked with the banks and West One with the lift station offered ua 5.6~. That was approximately $200,000, and since then have added on another $200,000 for the water and sewer lines for our share out to the motel and the transfer station. They came back and said they would have to check that. Bank of Commerce was close so he would like the okay from the council to work with West One and Bank of Commerce on the financing based on the best rate. A motion was made by Kay Beck that we authorize Richard to go ahead and work with whoever he can get the best rate. Seconded by Nyle Fullmer. All Aye RE: EXPLANATION OF WATER & SEWER LINES TO LIFT STATION SOUTH WEST OF TOWN TOPIC: (19,14,,,WATER LINES,SEWER LINES,AIRPORT,LAIRD, RIGBY/MORRELL,COMFORT INN) Joe explained water and sewer lines to a lift station south west of town and what we need to consider in the future. It would be behind the Park Street Church and to the south. They have the water line in to the motel and transfer station. Within the next three or four days it will be sterilized and the pressure checked and will be in operation the first of next week. Looking at the sewer problem. We extended the sanitary sewer from the lift station. We have a lift station that takes the sewage from the whole city and pumps it to the Sewage Treatment Plant. From that lift station we extended the line out near the edge of the freeway for the new motel and it goes down in front of the motel. In looking at what area can be served by the new sewer line, we can take a line up the airport road and serve everything that is in that area. There would need to be a line across Main Street where 1500 West goes to serve the Rigby Morrell Area. We also have water and sewer adjacent to the stake center and recreation area. Adjacent to that we have a sewage lift station we have a water line extended from seventh on out to there on down almost to where the south interchange is by the potato plant. There is a pressure line that runs from the lift station area to the railroad track and over to 5th West. (designating the areas that can be taken care of on the map) We need a lift station for west of the Park Street church, because the line to the church is not big enough to serve. Right now we have no way of f~ serving the area with the sewer west of the Park Street Church. There would be collector line going from it to the lift station on Main. One way of getting to it would be going from the line at the motel. We are looking at extending a four inch line to a pressure line that would eventually go to the lift station. If we do this before the motel paves their parking lot, we would have a portion of the money involved now which would be about $5000 to extend the pressure line down to the edge of the canal. We will be looking at a lift station west and south of the Park Street Church before too long. With the Laird property and the Rigby Morrell property, we would need to be looking at a lift station. If you don't have a lift station, you can't get the development and if you don't have the development you don't need the lift station. The lift station would be about $50,000 or $60,000. Glen said it is something we need to look at, because if it continues to develops out there we cannot let the septic systems continue to be developed in the city. We will need to find the funding to get that lift station. He have told Joe to go ahead with the $5000. RE: A.I.C. REPORT - CITY DICTATES TO DEVELOPER TOPIC: (19,15,,,DEVELOPER,BUILDING PERMITS,GOLF COURSE) Glen and J. D. made a report on the A.I.C. meetings in Nampa. J. D. stated in his meetings in the attorney's meeting, it was brought out that the city needs to dictate to the developer not the developer to the city. Some cities are doing a lot of creative thing in financing. Glen stated that we should have the Golf Course reimburse the city. That is how Nampa was able to finance their recreation facilities. All cities dictated to the developer what goes in the Subdivisions with Impact Fees. Glen said he talked to a city leader and with what happened in the Sunset Circle Subdivision, if that were done in some cities in Idaho and other states and the people came in and opposed a street extension into another adjoining subdivision, those cities are saying if you don't want the access into your subdivision then it is your responsibility to take care of your street because you have closed it off to the rest of the community so now it becomes a private street and it is up to you to maintain it. We need to be more aggressive and progressive with what happens in the city. Bruce discussed that we have no plating fees and the council needs to look at imposing a fee of plats. A motion was made by Kay Beck and seconded by Nyle Fullmer to pay the bills. All Aye A motion was made by Bruce Sutherland and seconded by Nyle Fullmer to adjourn. All Aye. ,; Mayor, Nil L. Boyle City Clerk, Ro Ba ey