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HomeMy WebLinkAbout1995.11.15 CITY COUNCIL MINUTESDATE: (111595) City Council 11/15/95 7:30 P. M. State of Idaho) County of Madison( ss City of Rexburg) Present were the following: Mayor: Councilman: Excused: City Clerk: Engineer: Attorney: Finance Officer: Pledge to the flag. Nile L Boyle Glen Pond Nyle Fullmer Bruce Sutherland Farrell Young Kay Beck Rose Bagley Joe Laird J. D. Hancock Richard Horner The mayor told the council because Jim Flamm is gone to Texas on business, he had given his resignation as of December 1. Marsha Bjornn, who was elected to the council at the recent election, will be appointed to take that position December 1. The mayor told the council at the Ground Breaking of the new Religion Building at Ricks college they used gold shovels. If any of the council would like one of these shovels, just let him know. (Because the mayor was having trouble talking because of a tooth extraction, Glen Pond conducted most of the business of the meeting except for taking the vote on issues, this was conducted by the mayor.) RE: ORDINANCE 779 ESTABLISHING L.I.D. 28, PASSED TOPIC: (20,58,ORD,779,L.I.D. 28,STREET REPAIRS,7TH SOUTH,2ND WEST) Ordinance 779- AN ORDINANCE CREATING LOCAL IMPROVEMENT DISTRICT NO. 28 FOR REXBURG, IDAHO, FOR THE PURPOSE OF CAUSING CERTAIN STREETS AND PARTS THEREOF WITHIN THE CORPORATE LIMITS OF SAID CITY, TO BE GRADED, RE -GRADED, GRAVELED, PAVED, RE -PAVED AND OTHERWISE IMPROVE, THE HEREINAFTER DESCRIBED STREETS WITHIN THE DISTRICT AND TO CONSTRUCT AND RECONSTRUCT SIDEWALKS, CURBS, GUTTERS, DRIVEWAYS, DRAINAGE FACILITIES, SANITARY SEWER FACILITIES, OFF SITE STORM SEWER AND OTHER WORK INCIDENTAL TO ALL OF THE FOREGOING IMPROVEMENTS ALONG SAID STREETS. We have already had the Public Hearing and we have decided to delete the South Yellowstone Highway from the L.I.D. because of the concerns of the Businesses along that highway. A motion was made by councilman Bruce Sutherland and seconded by Nyle Fullmer 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 779. Those voting aye: Those voting nay: Glen Pond Nyle Fullmer Farrell Young Bruce Sutherland none Ordinance 779 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 Farrell Young that ordinance 779 be passed. Those voting aye: Those voting nay: Glen Pond Farrell Young Bruce Sutherland Nyle Fullmer none 6-y 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: PURCHASING PROPERTY SOUTH OF WATER WELL NORTH OF REXBURG TOPIC: (20,59,,, WELLS,WATER TANK,CITY PROPERTY) Glen explained to the council that he and the mayor had been checking into purchasing the property South of the Water Well located north of the city. This was discussed at the last meeting. He and the mayor would like approval from the council to negotiate the purchase of the property. A motion was made by Bruce Sutherland and seconded by Nyle Fullmer to grant the Mayor and Glen the approval to negotiate on the property to construct a water tank, it would be a million gallon tank. The mayor asked for a vote. All Voting aye. A motion was made by Nyle Fullmer and seconded by Bruce Sutherland to approve the minutes. All Aye RE: DISCUSSION OF EGRESS WINDOWS - ORDINANCE 684 TOPIC: (20,59,,,EGRESS,WINDOWS,BASEMENTS,APARTMENTS, GRANDFATHER CLAUSE,ORDINANCES) Egress Windows as regulated in ordinance 684 and also in the U.B.C. Glen asked if anyone would like to comment on the ordinance. Gloria Hogg -174 South 3rd West- Feels there should be a grandfather clause to allow existing basement apartments to remain as they are. (copy attached) Robert Cureton- 156 South 1st West- He rents to college students and has been renting to them for over 20 years on the same property. He feels there should be a grandfather clause. To put the egress windows into a basement that is already there would be quite an expense. --- Helen Klingler-115 S 3 W- They rent to college students. Their house was built in 1977 and the windows don't meet the code as specified. They feel they should be under the grandfather clause or this would put them out of business. They checked with several contractors and the cost would be enormous and they could not afford that. Glen said we have several options. Farrell stated he had studied it over carefully and can't find anywhere that it says because of safety conditions we can't accept the grandfathering of these things. He felt it would only be fair to let the older homes stay the way they are and enforce the ordinance only for new construction otherwise we will get into the same thing as the double exits from basements on Main Street. We decided we would let them stay that way. We also have other areas in town where we have safety concerns but because of the fact that they are old and previously existing, we have decided to leave them that way. Why can't we just leave it this way for the older apartments and require it on new construction? The mayor stated that this is our own ordinance we are changing. We can either repeal the whole ordinance or put something in the ordinance that does grandfather the windows in older homes. In talking to Rick Page from the college, we are getting a lot of new apartments but they are expensive and a lot of kids coming to college can't afford to go into those new apartments and pay $800 or $900 a semester. His feeling is that we need to either repeal it or put in a grandfather clause for houses that were built before. Bruce said he hesitated to repeal it because we would have no control on the new ones. He felt we should write a grandfather clause. He also felt we should establish a housing board of appeals that is listed in our ordinance so if there is difficulty or a question about the ordinance or the enforcement of the ordinance there will be a board of appeals the apartments owners can go to first before approaching the council. It would give them a little more input and help the council ascertain a little bit more information. 6C Glen said he felt much like Bruce. The one thing he thought we may want to ask the P & Z to go through it to see if there is anything else that we are overlooking and get a feeling from them and let J. D. go through it again. J. D. questioned section 3 on registration? Bruce suggested that we need to go through the ordinance and overhaul it. Table it for the next meeting. RE: G.I.S. SYSTEM DISCUSSED AND ACCEPTED TOPIC: (20,60,,, G.I.S. SYSTEM,POWER ENGINEERS) G.I.S. System- Glen reported that they had a committee meeting on the G.I.S. System which was a proposal given to us by Power Engineers Inc. out of Boise. Dawn Garrett from that company came over and answered questions. Kay, Bruce, Glen, Joe and Richard were in attendance. It will take the information that Forsgren Associates give to us from the study we are having them do on the mapping situation and put it on our own system. These people will walk us through as to how we can put it down into useful information and how we can tie it in with other entities such as the county to use that system so it can be implemented and used and not sit on the shelf. The committee's recommendation was to proceed with the consultants Power Engineering and let them help us walk through it. They have matrix in there to tell us what our options are to use the material that we are going to get to evaluate what kind of hardware and software we are going to use. Forsgren have not done this before and don't have the background. A motion was made by Glen Pond to accept the proposal from Power Engineers for their consulting services as outlined in the proposal at the cost of $17,000 over two years. Seconded by Bruce Sutherland. (Discussion on the county coming in the system. Commissioners at the meeting discussed it also.) All Aye RE: PUBLIC HEARING FOR ANNEXATION OF PROPERTY NORTH OF CITY & WALTER'S TOPIC: (20,60,,, PUBLIC HEARINGS,BUSINESS PARK,ARTCO,HORKLEYS,ZONING, SALEM ROAD,COUNTY COMMISSIONERS,WALTERS READY MIX,ULTIMATE DIRECTIONS) 8:00 P.M. Annexation Public Hearing for annexation of property north of the city and Walters Ready Mix. Tract 1 Railroad right -a -way, Business Park and Artco Business park, Tract 2 Horkleys, Tract 3 Ultimate Directions, Tract 4 Upper Valley Electric, Tract 5, Walters Ready Mix. Gordon Thatcher and Bryce Thatcher representing Ultimate Directions were at the meeting. Gordon Thatcher acting as spokesman. Their property to be annexed was to be zoned H.B.D. The Planning & zoning agreed to change that zoning at the Thatcher's request to Industrial. That business will expand and they would like to use the property for that purpose. Their desire is to have it zoned Industrial. Upper Valley Electric is carved out of the property and the Planning & Zoning recommended zoning that Industrial as well and Thatchers support that. There is a potential that if he wanted to dispose of that property at some point, if it is Industrial it is more flexible. They would prefer having the whole parcel zoned Industrial rather than having a piece carved out. Glen stated that was addressed at the P&Z meeting. The mayor stated that one other thing that was brought up at the P&Z that they did not think of is the Business Park needs to be zoned at H.B.D. and not Industrial. The Day Care Center and Insurance office would be illegal in an Industrial Zone. The choice we have on the Business Park is if you want some Industrial is to zone the second phase along the railroad track as Industrial but where the roads are in and to make the Day Care legal it needs to be zoned H.B.D. Gerald Jeppesen -500 East 1000 North- Representing the County Commissioners. Brooke Passey, County Commissioner, was also at the meeting. They have reviewed the annexation and know that the city is expanding and growing. They would like the city to reconsider the annexation of the Salem Road. It is the only access to the Business Park and it is the access which the city has water to the property that is going to be annexed. They felt it would be best suited to have the road annexed with that property so the city can service those businesses. The purpose for annexation is so the city can provide services to those properties and they believe the Salem Road should be considered in those annexations. (letter attached) (discussion) Jerry told the council it has been a little bit of a problem the city went out and put the water in. A lot of times the county are addressed on the project just before they are started or when they are over. The road was widened at one point and they were advised one day and two days later they did it. For the Commissioners benefit they really need to look at engineering drawings and stuff so their staff can look at it and see if it is going to fit in. Annexing the road would eliminate that step that the city would have to go through them to go ahead and do those things that are really city issues and need to be done. Glen stated that the city needs to be more timely and get with the county on these things. Close the Hearing. We can continue with the annexation and can make changes to the ordinance up until the ordinance is passed. The ordinance will dictate the zoning. Nyle made a motion that we go ahead with the annexation and probably go ahead and annex the Salem Road up to the Business Park adjacent to our property. Farrell stated that if we annex the Salem Road adjacent to our property then you would have a segment of road between the Stop Light and the annexed property that is still county property and could not annex that because we are not contiguous to it. Glen stated he was not sure we want to annex the road. The way it was drawn up was to exclude the road because we had some reasons that we excluded that. When we draw up the ordinance if there are real reasons that we should annex that then we can do it. Nyle amended his motion to exclude the Salem Highway at this point. We would also exclude Tract 4 Upper Valley Electric. Motion was seconded by Bruce Sutherland. All Aye It was decided to have a meeting with the County Commissioners on November 28 at 7:00 A.M. Introduction of Scouts. Nyle stated that he had several people that live on College Avenue request that we go to 2 hour parking. Chief Siepert had no objections. Nyle would check with the other residents and we would discuss it at the next meeting. A motion was made by Bruce Sutherland and seconded by Farrell Young to pay the bills. All Aye Meeting adjourned. ±,&, Z A" Mayor, Pile L. Boyle City Cldrk, Rose eyj t2 I would like to address my comments to the matter of the size of wuiuu WJ lll I IMULZU MUM. f i iNbaud and I rent out our basement to Ricks college students. We have always complied with the rigorous regulations set fourth by both the college and the city. This includes buying a business license, being inspected by the building inspector to obtain a certificate of occupancy, and inspections by the college as well. The size of the windows has never been brought into question before, and at the last inspection by the building inspector I was told that our home fell under the grandfather clause. because we rent to college students you can obtain a list from the housing office, with all the names, and information of the various apartments on it. With this knowledge you can force us to comply to all the regulations. But how do you plan to enforce the ordinance to all rental property ? Many people rent to married students or to single families. Do you plan to go door to door to find out who rents and who owns the property? To enforce this ordinance only to college housing because you have a list and know who we are is discrimination. You know that all the landlords that rent to people other than college students are not complying with the city's regulations. The cost of putting in these larger windows, structurally altering the property, would be enormous. putting most of us out of business. Selective enforcement is discrimination 11 I urge you to reconsider your position and apply the grandfather clause tot these older dwellings. Thank you_ �1 O)Oy'Ic7 MADISON COUNTY STATE OF IDAHO REXBURG, IDAHO November 15, 1995 83440 Honorable Mayor Nile Boyle Rexburg City Council Rexburg City Planning & Zoning Commission 12 North Center Rexburg, Idaho 83440 Re: Proposed City annexation Dear Ladies and Gentlemen: On behalf of the citizens of Madison County we are writing to express our concern over the proposed annexation by the City of Rexburg of those portions of Madison County which are described in your Notice of Public Hearing published in the Rexburg Standard Journal November 7, 1995, as annexation numbers 1, 3, and 4. We are troubled that your proposed annexation does not include the Salem Highway as it extends from the area north of the railroad tracks to the northwest corner of the property described in annexation no. 1. As you know access to all of the properties within the proposed annexation, east of the highway, are from the Salem highway. We therefore see no reason wiry those portions of the Salem Highway are not included in the proposed annexation other than the City's apparent desire to avoid the cost of maintaining said highway. Accordingly, we object to the annexation of those properties described as annexation numbers 1, 3 and 4 as they are presently proposed. Thank you for your consideration and attention to this important matter. Very Truly Yours, Gerald Jeppesen, Chairman Board of County Commissioners Madison County