Loading...
HomeMy WebLinkAbout1995.09.06 CITY COUNCIL MINUTESDATE: (090695) City Council 9/06/95 7:30 P. M. State of Idaho) County of Madison( as City of Rexburg) Present were: Mayor: Nile Boyle Councilman: Glen Pond Farrell Young Jim Flamm Kay Beck Nyle Fullmer -gone from 8:55 P.M. -9:40 P.M. Bruce Sutherland -arriving at B:50 P.M. City Clerk: Rose Bagley Attorney: J. D. Hancock Finance Officer: Richard Horner Engineer: Joe Laird Brooke Passey, County Commissioner was also present at the meeting. Pledge to the flag. A motion was made by Jim Flamm and seconded by Glen Pond to approve the minutes. All Aye RE: RENT FOR HISTORICAL SOCIETY; TABERNACLE CONDITION TOPIC: (20,32,,, HISTORICAL SOCIETY,BUDGET,TABERNACLE,A.D.A.) Historical Society- Cleo Johnson, President of historical Society was at the meeting regarding the proposed request for a $100 raise in their ... rent in the basement of the tabernacle used for the museum. Louis Clements takes care of the museum, but was not able to be at the meeting tonight. He has written a letter of explanation. They don't ---- feel like they can take this raise. (copy on file) Richard explained the expenses for the tabernacle. (copy of budget on file) The Historical Society has been paying $4800 and this year the budget is $6000. The Tabernacle Committee have applied for some grants to repair the stairs. Glen asked if the work on the stairs was to make it handicapped accessible? The mayor stated that the front stairs are so bad we are looking for a law suit. We have contacted Ricks College to possibly get them to donate the chair lift that is in the Hart Building. They are checking with the Board of Education to see if they can donate it or give it to us cheap. We thought we would put it at the entrance under the stairs, which would make the auditorium handicapped accessible. We are working on getting the chair lift from the Austin Building for the museum. Glen stated we have a good log of those handicapped that try to access the museum, he is not sure how many try to access the auditorium? He wondered if the museum should be first and the auditorium second? The mayor stated the one that is excess is the long one out of the Hart Building. The Insurance Company is also concerned about the front steps. Glen suggested that the front step project might be given to a service club to look at. Maybe it could be a combined effort of the Clubs. Richard said if we don't get the grants it will have to come out of the General Fund. The mayor told Cleo we all recognize the importance of the museum and yet there are a lot of things the city has to underwrite because of the 3% cap. Glen asked if we raise their rent and they can't pay it, do we kick them out? Cleo stated right now as it stands with all the revenue we have we will still come up short $551 at the end of the year, that they don't know where it is coming from. Sometimes that has to come out of their own pockets because they have not been able to meet the expenses. They don't charge an entrance fee. They have about 1000 school children come every year. Kay suggested that they charge a small token. Glen said when you go to some parks they have a donation box. Kay said 25t would bring in over $8000, he couldn't imagine anyone objecting to paying that much. Jim told her the city has the same problem, we don't have enough money. He felt a suggested donation could solve the problem. A motion was made by Jim Flamm that we leave the budget as is and make the suggestion that they charge a donation. Seconded by Nyle Fullmer. All Aye. Cleo said if the raise comes October 1, she did not think they could pay it. Glen suggested that if they couldn't make it in the first six months, maybe in the second six months they could make up the difference. The mayor suggested that might be a way they could get some money to up grade the museum as well as for the increase in the rent. (discussion) All Aye to the motion. Cleo suggested that the heat may be regulated more because it is too hot in there. RE: LITTLE LEAGUE BASEBALL DISCUSSED TOPIC: (20,33,,, BASEBALL,MADISON BASEBALL ASSOCIATION,BUDGET) Glen discussed the Little League Baseball. (handout copy on file) He had attended a meeting of the Madison Baseball Association and mentioned to them that next year their fees would be doubled. There are a lot of people that $4 a player probably would not affect. It was not a concern for the people that had that kind of resources, but there are players and families that have several youth that just won't play for the additional $4. As he looked at the schedule for adult player fees the high is $27 to a low of Boise. For Rexburg for adult players it is down to $4. His recommendation would be to leave the youth players at $2 and maybe increase the adult players to $8 which is still far less than any of the cities around that have a player fee. (discussion) Kay suggested that it was hard for him to let the city residents support this when it is as much for non city residents as it is for city residents. Nyle stated that the association has money in their budget for those kids that can't afford to pay. Glen stated that was right but the problem is you will have a family that sees what the fees are and they won't come in so those folks can't spend that contingency fund. They either don't want a handout or they don't know about it and they stay away. Nile stated that we all agree that the youth programs is what we need to keep the youth busy. If you keep them constructionally busy, you have less vandalism and less problems later, but we have to balance the budget. (discussion) The council decided that we approve the budget as it is and get some people to work with it. Jim suggested that they have a team fee and then the problem could be resolved and that is where the subsidy could be implemented. RE: PUBLIC HEARING FOR C.U.P. FOR STUDENT HOUSING - 5TH S 3RD W TOPIC: (20,33,,, PUBLIC HEARINGS,C.U.P.,STUDENT HOUSING,5TH SOUTH, 3RD WEST,ALLCOTT*KEVIN,APARTMENTS) 8:00 P. M. Public Hearing for issuance of a Conditional Use Permit for the construction of a student housing complex containing 24 six -student apartments. The property is located at the northeast corner of the intersection of 3rd West and 5th South streets. They have had the hearing before P&Z and they recommended that it be passed. Kevin Allcott showed drawings and explained it. They have complied with the zoning ordinance. (discussion) No one was at the hearing to testify against it. A motion was made by Glen Pond and seconded by Kay Beck to grant the Conditional Use Permit. All Aye. RE: RESOLUTION 95.11 - PROCLAIMING A GENERAL ELECTION TOPIC: (20,33,RES,95.11,ELECTIONS) Resolution No. 95.11- A RESOLUTION PROCLAIMING A GENERAL CITY ELECTION TO BE HELD ON NOVEMBER 71 1995, DESIGNATING THE POLLING PLACES, DESIGNATING THE REGISTRAR AND DEPUTY REGISTRARS, AND ORDERING THE CITY CLERK TO GIVE NOTICE OF SUCH ELECTION. A motion was made by Kay Beck and seconded by Jim Flamm to adopt Resolution 95-11. All Aye RE: FALL CLEAN UP OCTOBER 1 FOR 2 WEEKS - YARD WASTE ONLY TOPIC: (20,33,,, CLEAN UP) Fall Cleanup -(Discussion on composting and yard waste) The mayor stated if we do it we need to limit it to things that can be shredded or burned. Farrell Davidson said there are places you can rent a shredder/chipper. Possibly we could pile up the waste and then run it through the shredder. A motion was made by Nyle Fullmer to go ahead this year and see what the cost is and limit it to yard waste from October 1 for two weeks. Seconded by Glen Pond. All Aye. RE: APPEALS COMMITTEE FORMED FOR TOM GOE'S DISMANTLING YARD TOPIC: (20,34,,, APPEALS COMMITTEE,GOE*TOM,SALVAGE YARDS, DISMANTLING YARD) The mayor told the council that Tom Goe's attorney had filed an appeal on the decision made by the Planning & Zoning on the Dismantling Yard, in accordance to the City Zoning Ordinance and the Idaho Code. The appeal is handled by two county commissioners and two members of the -_.. Rexburg City Council. He suggested that Bruce Sutherland and Farrell Young serve on the appeal committee. A motion was made by Nyle Fullmer and seconded by Jim Flamm that Bruce and Farrell be appointed for the appeal committee. All Aye. RE: LINEAL FOOT CHARGES DISCUSSED TOPIC: (20,34,,, LINEAL FOOT CHARGES) Lineal Foot Charge- Jim Flamm reported on the findings from the committee. He reported they decided to stay where we were with it. The mayor stated if a piece of property had been under an LID or if a house was there previously then they would not be charged for the lineal foot charge. If the property had ever been assessed for the utilities, they would not be charged again. Mr Baird was at the meeting and said their was an old barn on their property with water to it with an old meter. The mayor told her that would constitute a line. Jim Flamm stated we don't want to hold up the development of vacant lots. RE: BUDGET APPROVED FOR 1995-1996 TOPIC: (20,34,,, BUDGET) 8:30 P. M. Budget Hearing. Richard gave the council copies of the budget and explained it. A motion was made by Glen Pond that we approve the budget, seconded by Nyle Fullmer. All Aye Glen also complimented Richard on the good job on the budget. RE: ORDINANCE 776 APPROVING BUDGET FOR 1995-1996 TOPIC: (20,34,ORD,776,BUDGET) ORDINANCE NO. 776- AN ORDINANCE ENTITLED THE ANNUAL APPROPRIATION ORDINANCE OF THE CITY OF REXBURG, IDAHO, FOR THE FISCAL YEAR OCTOBER 1, 1995, TO SEPTEMBER 30, 1996, AND APPROPRIATION TO THE SEVERAL DEPARTMENTS, OFFICES AND FUNDS OF THE SAID CITY GOVERNMENT FROM THE REVENUE DERIVED FROM TAXES LEVIED FOR SAID FISCAL YEAR, AND ALL OTHER SOURCES, SUCH SUMS AS MAY BE NECESSARY OR DEEMED NECESSARY BY THE MAYOR AND CITY COUNCIL TO DEFRAY THE EXPENSES AND LIABILITIES OR SAID CITY FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1996, AND PROVIDING FOR THE EFFECTIVE DATE OF ORDINANCE. A motion was made by councilman Bruce Sutherland and seconded by Glen Pond 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 776. Those voting aye: Kay Beck Farrell Young Glen Pond Bruce Sutherland Jim Flamm Absent: Nyle Fullmer Those voting nay: none Ordinance 776 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 Bruce Sutherland and seconded by Glen Pond that ordinance 776 be passed. Those voting aye: Kay Beck Farrell Young Glen Pond Bruce Sutherland Jim Flamm Absent: Nyle Fullmer Those voting nay: 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: RESOLUTION 95.12 PASSED; WASTEWATER/SEWER RATE CHANGED TOPIC: (20,35,RES,95.12,WASTEWATER RATES,SEWER RATES) RESOLUTION 95.12 PURSUANT TO CITY ORDINANCE NO. 638, BE RESOLVED BY THE REXBURG CITY COUNCIL, EFFECTIVE OCTOBER 1, 1995, THE WASTEWATER (SEWER) RATE TO BE CHARGED SHALL BE A MINIMUM OF $5.00 BASIC MONTHLY CHARGE FOR EACH EQUIVALENT 3/4" WATER METER PLUS $1.73 PER EACH THOUSAND GALLONS USED BASED UPON THE AVERAGE MONTHLY WINTER WATER USAGE. A motion was made by Jim Flamm and seconded by Kay Beck to adopt Resolution 95.12. All Aye RE: ORDINANCE 775 PASSED; SIGN ORDINANCE TOPIC: (20,35,ORD,775,SIGN ORDINANCE,SIGNS,UNIFORM SIGN CODE) ORDINANCE NO 775 (third reading) AN ORDINANCE ADOPTING THE UNIFORM SIGN CODE, 1994, COPYRIGHTED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS, WITH ADDITIONAL PROVISIONS RELATING TO SIZE AND HEIGHT OF SIGNS IN VARIOUS ZONES, FOR THE CITY OF REXBURG, IDAHO; REQUIRING COPIES OF SAID CODE TO BE KEPT IN THE OFFICE OF THE CITY CLERK; PROVIDING FOR PENALTIES FOR THE VIOLATION OF THIS ORDINANCE AND FOR SEVERABILITY; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. ordinance 775 was placed before the council. The mayor called for the voting for final passage of the ordinance, and the motion was made by Bruce Sutherland and seconded by Kay Beck that ordinance 775 be passed. Those voting aye: Kay Beck Farrell Young '_-- Bruce Sutherland Those voting nay: Jim Flamm Abstaining: Glen Pond Absent: Nyle Fullmer The roll showed the majority of the 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: ANNEXATIONS BY BUSINESS PARK TOPIC: (20,35,,, ANNEXATIONS,BUSINESS PARK,ULTIMATE DIRECTIONS, WATER HOOK UP,SEWER HOOK UP) The mayor discussed that we are just starting to try to annex the property out to the Business Park. We have had a request from Ultimate Directions to hook on the water and the sewer. The way it has been out of the city they would have to have special permission. If they hook on and they are out of the city they have to pay 150 percent of the hookup fee and Joe wondered if we get them annexed what to charge them? (discussion) They have requested annexation, but we have to annex contiguous to their property. A motion was made by Jim Flamm to let them hook on and if they are annexed this year to get on the tax rolls, we would refund the out of city charge. Seconded by Kay Beck. All Aye RE: EXCHANGE OF PROPERTY WITH CROFT INVESTMENTS - PUBLIC HEARING TOPIC: (20,35,,, CITY PROPERTY,PROPERTY EXCHANGE,CROFT INVESTMENTS, SKYVIEW DR,2ND EAST,EASEMENTS) 9:00 P.M. Public Hearing to consider all public comments pertaining to the proposed ordinance on the exchange of property with the City of Rexburg and Croft Investments. Said property is located to the east of Skyview Drive (South 2nd East). This property is located up by the water tank. Right now there is a dedicated road that comes along the bluff of the hill and back of that property and they would like to vacate that and build a road that would come in right by our water tank. Mr Crofts showed a map. He explained Blair Heinz's building has encroached on their land and they wanted a property exchange for his encroachment for the road and he could put in the new road. Joe told the council, we can't entirely abandon that we will have to keep that area in an easement status because there are a number of utilities in there. So the easement rights will stay. As we exchange the deeds, we would reserve the easements. The road will be maintained by Blair. RE: ORDINANCE 777 PASSED; PROPERTY EXCHANGE WITH CROFT INVESTMENT TOPIC: (20,36,ORD,777,CITY PROPERTY,PROPERTY EXCHANGE,SKYVIEW DR, CROFT INVESTMENTS,2ND EAST,EASEMENTS) ORDINANCE 777 AN ORDINANCE EXPRESSING AN INTENT OF THE CITY OF REXBURG TO EXCHANGE CERTAIN REAL PROPERTY BELONGING TO CROFTS . WHICH IS LOCATED IN THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 6 NORTH, RANGE 40 E.B.M. (PART OF THE REXBURG HEIGHTS SUBDIVISION) FOR CERTAIN REAL PROPERTY CONSTITUTING A PUBLIC ROADWAY TRAVERSING THE PROPERTY AT A DIFFERENT LOCATION; GIVING NOTICE OF AN INTENT TO EXCHANGE UNLESS OBJECTION THERETO IS MADE WITH SIXTY (60) DAYS; EXPRESSING THE INTENT OF THE CITY COUNCIL THAT THE CONSIDERATION RECEIVED BY THE CITY IS ADEQUATE FOR THE EXCHANGE; AND ESTABLISHING THE EFFECTIVE DATE OF THE ORDINANCE. A motion was made by councilman Bruce Sutherland and seconded by Glen Pond 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 777. Those voting aye: Farrell Young Kay Beck Glen Pond Nyle Fullmer Bruce Sutherland Jim Flamm Those voting nay: none Ordinance 777 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 Kay Beck and seconded by Farrell Young that ordinance 777 be passed. Those voting aye: Farrell Young Kay Beck Nyle Fullmer Glen Pond Bruce Sutherland Jim Flamm Those voting nay: none Ordinance 777 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 Kay Beck and seconded by Farrell Young that ordinance 777 be passed. Those voting aye: Farrell Young Kay Beck Glen Pond Bruce Sutherland Jim Flamm Nyle Fullmer Those voting nay: none The roll showed all councilmen present voting "Aye" carried, the mayor declared that the majority of all the members of the council had voted for the passage of said ordinance was duly and regularly passed. Mayor Boyle declared the motion carried. RE: L.I.D. 28 PUBLIC HEARING TOPIC: (20,36,,, L.I.D. 28,PUBLIC HEARINGS,YELLOWSTONE HIGHWAY,GRANTS, 7TH SOUTH,2ND WEST,RIGHT OF WAY,STOP LIGHTS) Resolution of intention to establish Rexburg Local Improvement District No. 28 and Hearing protests. Area No. 1 -7th South Street, Area No. 2 -South 2nd West, and Area No.3-South Yellowstone Highway. The mayor stated the South Yellowstone Highway is getting so busy and we know there will be more and more traffic because of the Middle School and traffic will come more and more off the hill as 7th South is improved. As a way to pay part of this, we have been working with the Highway Department. We get some money to do arterials and we are going to be doing 7th South we hope next year. Because all those need to be done the council felt there would be a possibility that we could get a $500,000 grant to help defray the cost of these areas particularly 7th South. We feel as soon as these are done there will be a need for a traffic signal at 7th South by Anderson Lumber and the Middle School. The old highway is narrow and we know what has brought this on is the steady growth of Rexburg, the middle school there exasperated it. We have decided to apply for a grant to pay $500,000 of the cost of these projects. The most important is to finish 7th South but at the same time we decided to try to see what would happen if we could do something with the highway coming in, and 2nd West coming down. It does make some large charges. The mayor read the letters for the official record. (on file) John Millar explained the project and estimate of fees with a handout. (copy on file) Where this is an L.I.D. the city has the option of bonding for long term on this project. South Yellowstone was the old state highway and constructed by the State Highway Department. The existing right -a -way was only 66 feet wide. Most of the right -a -ways in town are 99 feet wide. With the traffic on that road, it probably should be a 4 lane with a medium. There is no way to do that without requiring some extensive right -a -way which probably would have to be acquired on the east side. The option we looked at was basically going to a three lane with a medium, parking on the east side, adding curb gutter and sidewalk on the east side to provide for protection and drainage on the east side. We looked at the possibility of widening on the west side. There is a main power transmission line on the west side plus the right -a -way on the west side is owned by the railroad which would be near impossible to acquire a right -a -way from the railroad. With the traffic volume on South Yellowstone Highway and with the school at 7th South it is not if but when the traffic light will be installed at that intersection. During periods of the day when the buses are coming or going or the kids have been dropped off or picked up that corner is extremely busy. With the poor angle of the intersection, there is also a safety problem. On 7th South for the part that is anticipated for 7th South that is under design and has been basically funded by the Highway Department, will be for the construction and paving of 7th South from 2nd West to 2nd East. That project is in the works. Once that is in it is anticipated the traffic on 2nd south will increase substantially. The existing road that goes through 7th South now is partially adjacent to City annexed property and part of it is not. There are areas on the South that are not a portion of the city and can therefore not be included in the L.I.D. The existing pavement is approximately 28 feet wide and was built around 1980 on the portion between 5th West and 2nd West. The remaining area between 5th West and South Yellowstone was paved sometime after that. The right -a -way is limited in some of the areas and right -a -way acquisitions would be required in some portions of 7th South. Because we cannot do much on the South side of the highway except by the school. The widening will be done primarily on the north side where the city does have some capability to do the work. On 2nd West the two blocks that are now paved there is no dedicated right -a -way. That area would also have to have sewer line. Harold Nielson -559 S 4 W- He has 232 feet that is involved in this project on the south side of his property. He gave that road for exchange of a fence. The city put up the fence and hauled in gravel so the road is now three feet higher than his hay field. It being to the south of him, he never uses it. He is against the L.I.D. His security blanket has been punctured. In his case the total would be $18,000, but that is not the total, because he does not have the money so the total is really $24,000 which is $200 a month for ten years. That shakes his budget out of site. He can't sleep at night trying to see how he can raise the money unless he sells the land. That is his security blanket for when he needs it for health problems. He is against it because there is not benefit to him. James Reed- He owns property on 5th West and 7th South. He has 114 feet facing South. It is vacant property and has been for 30 years. Why should he pay $971 a year, the same rate as people that have businesses on that street or the school that has a use for it. For that reason he feels the city should have the people on 7th South pay the bill. Harold Nielson- On that street there is only Dorothy Reed and himself who are considered residents and the rest are businesses. They can't compete with the businesses. He asked about the route. Joe explained. Mr Nielson stated if a traffic light is put by the school, it will back up traffic so when the light turns green when he wants to get from 5th West to 4th South he would have to wait a long time. Gail Harding- 329 West 7th South- He wanted to speak in proxy of Dorothy June Flud who lives on the corner of 5th West and 7th South. Having lived in the area for 10 years and knowing this lady, here is a person who he knows could not afford the assessment that would come because of the L.I.D. She works at a potato processing plant at minimum wage. There are three of them that live at home and she is very much against the assessment on an L.I.D. knowing full well she could not afford such an assessment. The mayor stated if we were successful in getting that grant, it is money that comes from H.U.D. and if there are any low income people, those would have to be paid first out of that grant. John Nicholes, manager of Anderson Lumber- They have a lot of worries about this. Other than just the money, they have 15 to 20 semis coming in on 7th South right now and pulling in. He wondered what would happen with traffic backed up at a red light and semis stopping to pull in. The mayor felt it would make it better with a light. Mr Nicholes had never heard a complaint about the access into their store, so he did not see how it would benefit them. The widening of 7th South is mainly to benefit the people up on the hill and the college. The widening of the highway is mainly to benefit the city as it is the main access into the city. If we are going by benefits, it should be distributed to the people who really do benefit from it. If we are going by if we are joined or adjacent, he did not think it was right because it is hard to collect from the railroad that they should be off of the L.I.D. The widening of the highway will affect their property as much as it will Anderson Lumber. He did not think it would help them. In fact with curb and gutter it will make their parking lot have a drainage problem. Looking down that road and put curb and gutter in will make it real tight. They are strongly in protest. Brent Bell -Quoting the mayor, he said the problem is caused from the the traffic from the middle school and the traffic from the hill. The mayor said there is already enough traffic on the highway to be a problem but it is exasperated by both of those. Brent asked why the council and the mayor think the businesses should pay for the improvement. The mayor answered the city is limited on money and L.I.D. is a method of doing it. Brent said if they would benefit from it he could see it. The mayor stated probably the whole city should pay, but with the climate on property taxes it would be hard to pass a bond. Brent said they pay taxes too. Brent questioned what would be done with the $113 a foot? John Millar told him it was for curb, gutter, widening and sidewalk. It would widen it with 15 feet. Brent said he appreciated growth and improvements and he would support a project like this if everyone that benefits from it pays for it and he thinks the whole city will benefit from it. The mayor told them if we don't get the grant the highway part won't be done. If we get the grant we will come back with more concrete figures on what the costs will be. Dave Taylor asked about the costs if the School District doesn't pay anything and if it would have to be redistributed? The mayor said it would have to be checked out. The mayor said they would just put in two lanes of traffic now and curb and gutter on the north side of 7th South. The college would pay for curb, gutter and sidewalk and donate the property. Anderson Lumber- They have looked into going into the city sewer system. But the sewer is still down on 5th West and won't help them any. Anything they would be assessed for would not help them in any way. Reed Call -How close could a gas pump be to the road. The mayor said he did not know. Gail Harding- If all the businessmen on South Highway reject on South Yellowstone, and we don't get the $500,000 what will the council do on 7th South? The mayor said the intent of the council if the grant does not go through, we would put the L.I.D. in limbo and try the L.I.D. next year. Dave Taylor stated that eventually something will have to be done on South Yellowstone. It is a problem already. Those things need to be addressed. They brought the sewer out to their side and they paid for --- it. The difference in putting a sidewalk and curb and gutter in front of his home and in front of his business, he will pay for the sidewalk, curb and gutter, but it is the widening and paving of the road that is the burden. He did not need four lanes in front of his house. This is where the community benefits from it. Jim Flamm- We started this to see what if? It may take a while but the problem will be solved eventually even if it takes six years. Dave said the level of the road is higher than the level of the properties. It is already a problem getting onto the road, particularly in the winter time. If you put a curb and gutter closer, it will just be straight up. He would have to refill his whole lot and repave it in order to get out. The mayor stated that this original L.I.D. hearing is over and if anything else happens, everyone on the list will get a notice mailed to them. The quickest we can try on the grant is November and we won't know until March. He said he has a hard time arguing with them the South Highway would benefit everyone, it is just how to do it? Brent said he supports the program, but everyone that benefits from it should pay for it. The mayor said that road would qualify for the Urban D Funds and if we move them on around to 11 South, even then it would be 4 or 5 years until it could be done. If you use those funds, you have to build the road to their specifications. All we have money for is a two lane road at this time. Close the hearing, and take under advisement all the testimony and letters. RE: SIDEWALK ISSUE DISCUSSED TOPIC: (20,39,,, SIDEWALKS,SAFETY COMMITTEE,SAFETY) Bart Webster representing the safety committee was at the meeting to discuss the sidewalk issue. The mayor said we can't plan on the realtors to police it. In talking to Richard today, when property sells they have to come in city Hall to change their utilities. Glen asked what if it is a vacant lot, you really need to wait until the property is developed before you put a sidewalk in. The mayor said there are several homes that have been sold and we need to check on them. Bart said his committee is to support the ordinance as it is written. The mayor asked how the council felt about proceeding on an L.I.D. for sidewalk in certain areas? The council felt we should pursue it. Kay asked about the vacant lots? The mayor stated the way the ordinance reads, if a vacant lot sells they are required to put in a '.. sidewalk. Nyle understood that it was written so they didn't put a sidewalk in until they build on it. The ordinance reads they put one in within 30 days. Mr. Allocott- You can go in and buy a piece of property with the intent of building on it, but 30 days doesn't even give you enough time to get through the city approval process. There is an out saying that the building official can give more time. There are problems, one is a grading problem and deciding where to put the sidewalk. Discussion on the 30 days if we leave it at the discretion of the engineer. Joe said it would be a problem in the first year. We will go through the city records and find out what property has changed hands and enforce the sidewalk. RE: EGRESS AND INGRESS PROBLEM WITH APARTMENTS & BUSINESSES DISCUSSED TOPIC: (20,40,,,EGRESS,INGRESS,SAFETY,APARTMENTS,BUSINESSES, FIRE CODE) The mayor discussed a problem of egress and ingress out of apartments. Joe said we have quite a few problems with egress and ingress from apartments and businesses. Some of the apartments that are older only have one stairway instead of the two or three that may be required from the 2nd or 3rd floor. He would like further guidance on the -- ordinance. How far do we go to say it is a life threatening situation? Most apartments that are more than 5 years old will not meet the requirements in the U.B.C. Jim said 80% of the buildings in town do not meet the U.B.C. Joe wants direction. Joe said basement apartments in existing homes most all of the egress windows are not big enough to meet the requirements. The majority of the two or three story apartment buildings do not have the required number of stairways exiting from the building. We had a fire in some apartments. In order to get a good settlement from the insurance company, his engineers told him the apartments needed to be torn down and rebuilt. The engineer signed it. As soon as he got his insurance money he sold the apartments to someone else, who then hired another engineer who said there is hardly any problem at all. They just want to go in and put up some wall board and do hardly nothing. Joe got an outside engineer to come in and make a report. The council suggested that we need a work session to discuss these issues. A motion was made by Nyle Fullmer and seconded by Jim Flamm to pay the bills. All Aye. Farrell asked if it is ever possible for the city to protect people against their own problems? He did not feel we could legislate people to be safe in every circumstance. J. D. stated as a general statement if it met the code when it was constructed then we have no responsibility, but the fire code says for people's safety we should take affirmative action. We cannot pass enough laws or regulation to cover every instance of a person's negligence or neglect. Meeting adjourned. Mayor, N'le L. Boyne City Clerk, moose Bagley