Loading...
HomeMy WebLinkAbout1996.06.05 CITY COUNCIL MINUTES-, „~, ~. DATE: (060596) State of Idaho) County of Madison( ss City of Rexburg) City Council 6/5/96 7:30 P. M. Present were: Mayor: Nile Boyle Councilman: Glen Pond Bruce Sutherland Nyle Fullmer Kay Beck Farrell Young Excused; Marsha Bjornn City Clerk: Rose Bagley Finance Officer: Richard Horner Engineer: Joe Laird Attorney: Stephen Zollinger Pledge to the flag. A motion was made by Farrell Young and seconded by Kay Beck to approve the minutes. All Aye.` RE: POLES FOR BANNERS OR SIGNS TOPIC: (20,120,,,BANNERS,SIGNS,CHAMBER OF COMMERCE) Clair Boyle was at the meeting. He made a report on the poles for a sign across the street. There are two areas they are thinking about putting up poles. One of them is the north end of the Teton River Bridge on 2nd East. They have permission from Tri County to put one pole and he tried to call Pruitt to get permission to put the pole on the other side of that road. They are still checking on right-a-way. They also considered on West Main by the canal as the other place. He had called the state to check on the right-a-way and they reminded him that if they are going to hang any banners across any state highway, the request had to come from the mayor and at that point the city would accept any responsibility if it fell and got tangled up with a car and caused a wreck. The man from the highway department said as wide as our roads are and with the wind problems we have a banner could come down. Clair said they are looking at putting banners on the street light poles. The chamber is willing to go in on the cost if the city would help. We could even get the college to go in on them for their home coming and other events. (discussion) A motion was made by Bruce Sutherland to have the mayor apply for a permit from the State to put poles in for a sign across the road by the Teton River on 2nd East. Seconded by Kay Beck. Glen Pond abstained. A11 other councilman in attendance voting aye. RE: RES. 96.04 - AIRPORT PROJECT & GRANT APPROVED TOPIC: (20,120,RE5,96.04,AIRPORT,GRANTS) Resolution 96.4 for the Airport Project and Grant to make a taxiway extension and put up fencing to fence the municipal golf course away from the airport. Also build taxiways so they can put in about 20 more hangers. Engineering ie all done and ready to go to bid. The state would pay $16,800. Most of the money comes from F.A.A. through the gas tax on airplanes. This will not require any money from the city or the county. (on file) A motion was made by Ny1e Fullmer and seconded by Bruce Sutherland that we approve Resolution 96.4. All Aye RE: FIREWORKS PERMITS APPROVED TOPIC: (20,120,,,FIREWORKS PERMITS) Mayor Boyle read the fireworks permits. (on file) A motion was made by Bruce Sutherland and seconded by Nyle Fullmer to approve the fireworks permits. All Aye RE: TRUCK USE ON 3RD WEST DISCUSSED TOPIC: (20,121,,,ROADS,STREETS,TRUCKS,WALTERS READY MIX) The mayor explained that we have discussed before about limiting truck traffic on 3rd West. The trucks that use it mostly are the concrete trucks owned by Walters. This road is not built for that heavy of traffic. it has been suggested that we limit 3rd West and make them go in on either 2nd West or 5th West and try to protect those residential streets. Bruce felt we need to consider it, three years ago we put $65,000 on that street in one area. We don't have the budget in the roads, so we need to have those trucks go on a street that hopefully can withstand that traffic. The mayor stated that we need to have a meeting with the County Commissioners about what we need to do about 5th West. A motion was made by Kay Beck and seconded by Bruce Sutherland that we Post 3rd West with a sign for No Truck Traffic and have the truck traffic go down either 2nd West or 5th West. A11 Aye. RE: VANDALISM IN THE PARKS TOPIC: (20,121,,,VANDALISM,PARKS) The mayor told the council that we are having extreme vandalism in the parka. This last week some vandals went into the restroom at Smith Park and they must have taken a sledge hammer to do all the damage they did. They tore it literally to pieces and ruined it. it was suggested that we close all the restrooms and put in Porto Potties in the parks. They cost $45 a month for each. Glen stated that was cheaper than repairing a toilet to use those all summer. They took an ax to the restroom at the Nature Park. This is the second time Smith Park has been done this year. Clair told the council the people we rent the Porto Potties from come and clean them often and they welded a plat on the back to a pole so they can't tip them over. Clair told the council the one drawback with the Porto Potty is women with babies need a place to change them. He said they broke into the concession stand at Community Park and stole all the candy. Some ladies at the meeting told the council that women need a place to change babies and also they need to wash their hands and that is the only running water. The mayor agreed that the restrooms with water in them are a lot better. Clair told the council that it has cost $1400 so far without counting the destruction of the garbage cans. Bruce told the council that he did not like the looks of the Porto Potty. The mayor suggested that we give the police a key and have the police lock the restrooms at 8:00 P. M. and having one ports potty to be used after 8:00 P. M. and make the restrooms as vandal proof as possible. RE: PUBLIC HEARING FOR C.U.P. FOR ASSISTANT LIVING FACILITY: GRANTED TOPIC: (20,121,,,PUBLIC HEARINGS,C.U.P.,ASSISTANT LIVING FACILITY) 8:00 P. M. Public Hearing regarding proposed issuance of a conditional use permit for construction of an assisted living facility containing 35 units. The property is currently in H.D.R. and is located between 5th and 6th South, East of 3rd West. Forrest Shannon, Architect, representing the Assistant Living Concepts was at the meeting to show plan, explain the facility and answer questions. They are requesting a Conditional Use Permit to build a 35 unit Assistant Living Facility. Approximately 20 percent of the units will be a one bedroom unit, which would be large enough for two people to occupy. The balance of the units would be studio apartments for a single person. The main entrance would be off of 3rd. (explaining the plans which were also presented to the Planning & Zoning and explained in those minutes) He explained it is a light care facility as opposed to a nursing home. There would be a nursing consultant that would come on a regular basis to help with medications and check all the residents over, then the individual can live on their own without assistance. He stated that 3rd West will have to be paved, their civil engineer will get involved with the surveyor. The mayor explained that the recommendation of the P&Z was we approve the facility with the condition that the whole area be platted completely. The Assistant Living Facility have over 50 facilities operating now from the northwest down through Texas. They will have a total of 15 to ~, i'\ f ~ 18 employes however one shift will have B to 10 employees at once which will be the day time shift. Robert vandemerwe- He asked if they were aware of that the current State Health & Welfare regulations are changing and are you aware of the requirements for Assistant Living Facilities and regulations? Mr Shannon told him they had been in contact with the office in Boise and the plan is reviewed by them. Joe explained that the area does need to be platted. It will have to go back to the P&Z for final plat approval and site review. A motion was made by Glen Pond that we accept it based on the conditions that P&Z put on it. Seconded by Kay Beck. All Aye RE: DANCES IN PARKING LOT TOPIC: (20,122,,,DANCES,PARKING LOTS,RICKS COLLEGE) Kevin Bingham- At the Applewood Apartments they would like to have some dances in the parking lot, however Greenbrier Apartments rent to Sunbirds and there might be a problem with the noise. He would like to get a temporary permit for the summer. Another location they are looking at is the parking lot at Snowview Apartments. The mayor told him that is still pretty close to some residents. He has played at many church dances and keeps the sound down to a low decimal. Farrell asked why he would want to do it in an apartment parking lot rather than in a college parking lot across the street? He would have to get approval from the college. Nile said he did not think the college would give him permission and Farrell said the church would not give them permission. (discussion on residents near to Snowview) Glen had a concern that we have a couple of dance halls in the city that pay taxes and house them indoors and if they were to request to go outdoors with those, if we allow this which it looks like will be on a regular basis, we would also have to allow those that are already established businesses to take theirs outdoors if they desired. He wondered if we would be loolcingfor additional problems. Mr Bingham told the council that he would keep the standards and morals and also the music at these dances the college and the church would allow vs the clubs standards. (discussion) Kay suggested if the dance were on campus it would be completely away from and residents and suggested that he check with the college. It was suggested that possibly they could have it on the hill by the tennis court on campus. Mr Bingham stated he would like to set it up during the day and test it to see how far the sound would go. The mayor told him to go ahead and make the test, check with the college and come back in two weeks and we would talk about it again. RE: CONTRIBUTION FOR LOCKHEED FOR NATURE PARK TOPIC: (20,122,,,NATURE PARK,LOCKHEED) The mayor told the council the city got a donation fro $1000 from Lockheed Martin, a contractor of I.N.E.L, for the Nature Park. We need more donations to do some other things. RE: PUBLIC HEARING FOR L.I.D. #29 - SIDEWALKS TOPIC: (20,122,,,PUBLIC HEARINGS,L.I.D. #29,SIDEWALKS,PARKS,REALTORS) 8:30 P. M. Open a Public Hearing for L.I.D. 29. For at least 40 years the city has had a requirement that every home that is built will have a sidewalk installed. Starting about the time of the flood and for the next 19 years it was ignored, so there were a lot of homes built during that time that did not put in sidewalks. The mayor explained the council has been struggling with it. They get petitions from parents saying how unsafe it is because the kids have to walk in the streets. There are a lot of complaints from people who come here in the summer and do a lot of walking, and a lot of people who live here complain about not enough sidewalks to walk on or a car parked across the sidewalk. We talked about doing an L.I.D. city wide or dividing it into quadrants and do an L.I.D. Last May the city council passed a resolution stating that whenever a house changed '~ ownership or any new house was built, they would be required to put in a sidewalk and went on the assumption that sidewalks would be all over town in a few years. We got a list of the houses that were sold in the last year, made a list and included them in the L.I.D. The mayor read letters that had been mailed into the City Clerk either for or against the L.I.D. (copies attached) (discussion on cost) Joe stated that the recent bids that we have seen '.. have been for around $2.00 a square foot for sidewalk and for a little bit more for gravel underneath which would possibly be about $2.50 a square foot, but we won't really know until the bids have come in. It '" could be variable depending on what problems would be on the lot. Joe recommended that there be gravel under the sidewalk because especially on the hill with the run off washing the silt away letting the sidewalk or curb and gutter settle, so we need to put some type granular material 1/2 foot or 1 foot deep under it to keep the water from washing the soil away underneath the sidewalk or curb and gutter. It is required in the new subdivisions, but was not required in the old subdivision ordinance. Glen questioned that they don't have to put in concrete sidewalks, because when we passed the ordinance we decided they could use asphalt. Stephen stated that the specifications require road base under the paving. He also stated that this would cost the people more than it would to put in their own sidewalk. The requirement has been there for the past 40 years and the most recent ordinance that was passed was simply a resolution to facilitate the enforcement of the ordinance that had been uninforced over the past 19 years. That resolution actually empowered the city engineer to go out and require everyone who has been placed. on this L.I.D. to put the sidewalks in. The council felt it was important to offer them this low interest long term loan that they could not get an their own. Beulah Phillips- 76 N 4 E- She asked if this has been in for 40 years and the city has not enforced it, why all of a sudden and why when they bought their home why weren't they notified that this would be taking affect. The mayor told her all the realtors knew. They have put a lot of money in their home. They have put a sprinkling system in and were asked to move the fence and they put black top in. If they have to put in a new sidewalk right now it would be a hardship, because of the expenses they have put out already and because they had no idea this was coming up. Richard told her the first payment would be one year after the financing is finalized. If you are paying off $2500, the payment would probably be $300 to $350 including interest which would be about 5~. She felt the real estate people should have to inform people. Bruce told them we did send copies of it to all the Real Estates. Farrell told her the sidewalk could go any where it does not have to go right next to the curb. She stated she didn't want to sprinkle the sidewalk. Sherrie Pena- 76 N 4 E- Does this mean that anyone that have had a home built or bought a home from 19 years, have to put a sidewalk in? Stephen told her only since the Resolution was passed last May. We have been enforcing it. Kay explained. She asked if it were legal when the owner has not been told they will be acquiring a $2000 debt? Stephen told her it was. We are held to the knowledge of the local ordinances and laws. He told her many people have no idea what the ordinances in the city are. He would not have known if he were not the City Attorney, but that does not change the fact the ordinance was there and have been there. Legally the city could go back right now and require every home in the city that has been built in the last 40 years to put in a sidewalk, but there are not enough contractors in this area to do the whole thing at once. The council has elected to take it from the starting point they have elected. She asked what useful purpose it would be to have one home in every three blocks to have a sidewalk? Kay explained. Stephen told her at some point the council might create an L.I.D. that will require all non existent sidewalks to put in a sidewalk. She asked why is it the owners responsibility to put in the sidewalk? Why doesn't it fall under city expense? Stephen told her because 4D years ago an ordinance was passed requiring all homes be supplied with a sidewalk by the owner. The mayor told her that is 7 '~ ~ ~t universal. She also asked if in the winter they are required to shovel the sidewalk? The mayor told her she would not get a ticket for not shoveling it. If it cracks and breaks the city will participate in the cost to replace it. She asked if she were liable if someone trips and falls? She was told the owner owns the property but the city has an easement. Stephen told her it would depend what caused the accident. He also told her there are city specifications on the sidewalk. ... Ron Pena- 76 N 4 E- If it has to be done and we have to pay for it can we pick the contractor? The mayor told him if he wanted to do it right now and pick the contractor, that would be okay. If the city does it we are required to take the lowest responsible bidder. He asked if he ~" could do it himself if he follows the city ordinance? The mayor said he could. Stephen told him he would not get the benefit of the low long term financing. He asked how long he would have to complete the work? Stephen told him there would have to be some discussion as to when this will go out to bid, and the city would have to have somekind of reassurance that Mr Pena's timing would not be so far down the road that he would be outside the opportunity of being taking care of within this program. Kay Beck read the resolution giving the time frame. Toni Luek-546 Edith Circle- She did not just purchase her home, she built it two years ago. She stated she was willing to put the sidewalk in if the city would get all her neighbors to put a sidewalk in. She felt it would be great to upgrade the whole city, but she felt the city needed to get all the other people to put in sidewalks. Steve Meikle and Bob Huskinson built their home about the sametime as she did and the city has not made them put in a sidewalk. The mayor told her Steve signed a paper stating he would put a sidewalk in but the city has no right-a-way on the East side of Millhollow and there isn't any way to put a sidewalk. Toni stated that the resolution was put in effect after her building permit was issued, so she did not think she would fall in this category. Kay told her we could check it out. The mayor told her Millhollow was a farm to market road and the city inherited it with out `"" any right-a-way. At some time in the near future, the hospital is going to be required to put sidewalk along the west side of Millhollow. Toni told the mayor a fellow across the street from her built a house just two months before she did, why are you telling her she has to put in sidewalks, buthe doesn't. It looks like to her the city is picking and choosing, and she does not agree with it. Kay Beck reminded her when Jerry Merrill was putting in her landscaping, he called Kay and asked where the sidewalk would go and Kay told him to stay back 5 feet to allow for a sidewalk. She would be glad to do it if the city will require it to be put in clear down tv 1st North so the kids have a place to walk. Why should she put a sidewalk in the middle of one block? G.Olof Larsen- 285 Shoshone- His lot has a retaining wall which will have to be blasted out and he also has trees that will have to be taken out. This would create an eye sore. Across the street is a continuous sidewalk and everyone uses that sidewalk. He is from Michigan and when he first heard about this it was from his daughter who told him about this resolution. He had told his daughter he would be glad to finance a sidewalk somewhere in the city where it is needed, but for us to do this because it is on the books and needs to be done it would create an eyesore. He would hope that some common sense could be used and a sidewalk could be put in another place where it is needed. He needs the retaining wall to keep the water from running in his driveway and into his house. Dick Phillips- He asked when they could expect his neighbors will be required to put a sidewalk in to join his sidewalk and when will you put a sidewalk around the park so his sidewalk could be used in conjunction with those sidewalks? The mayor explained we have talked about if we want sidewalks at the city parks and didn't feel they would serve any purpose. It is different than homes. Kay told him it was not unique in Rexburg, most towns don't have sidewalks in the parks. i ,..y ~,,,.^ ~` Adrian Bird- 325 E 1st 5- He is in favor of the L.I.D. He built a new home last year and they have 150' of sidewalk and are the the only ones on that street that has sidewalks. He did not think it would be used, but there are at least 12 people a day that come out of the street and use the sidewalk. His concern is the sidewalk needs to be continued on and hopes the L.I.D. would provide that. At the west end of the sidewalk it drops off and it is dangerous. He would like to see that sidewa llt extended. Beulah Phillips- Because her property is on a corner, does she now have to knock down the curb to make it handicapped accessible? Stephen told '. her the intersections would be the portion of the L.I.D. that is referred to as the City's portion. Bill Blair- 322 West 4th South- A lot of his arguments are the same as the other people. From this meeting he understands that the realtors are suppose to tell people about this resolution when they sell the property. Is there a law that says they have to tell us? The mayor told him all he said is the realtors were told, he did not say they had to tell people. Stephen explained they have been informed of this requirement, there might be laws that govern the realtors that would require them to disclose hidden costs that they are aware of. You might need to talk to the realtor about it. The city does not have any authority over the realtors. Bill felt that Porter Park should have a sidewalk because of the busy street it is located on. Stephen stated that he could explain why cities that he has done work for have not put in sidewalks around parks. The design purpose of a park ie to give people open area of which they can stroll. To put defined wal]cing areas in an open space that is designed for strolling and walking defeats the purpose. The mayor told him we have had requests for jogging areas in the parks so they have looked at that both ways. Bi11 said he would like a sidewalk but he wasn't notified about it. He has been looking for five years for a house they could afford and he felt someone should have let them know about this cost. He is struggling to support his family and pay for the house and it would be very hard to pay for a sidewalk. There should be a way for someone to let people know about this type of thing before they purchase a home. It is a matter of affordability. Karen Muir- She has talked to several people who have just built new houses or bought older homes. It is nice to walk down a sidewalk instead of the street. It would be a lot safer for the children if there is sidewalk. She would like to see sidewalk and see the streets lighted. The mayor told her Harvard is scheduled to have an L.I.D. on that street next summer. She has a concern about the kids going to and from school. Some of the intersections by Lincoln School have a three sectional sidewalks which she would like to see improved. There are bushes at the intersection at 2nd South & 3rd East that make it impossible to see around. Robert Bird- 167 South 3rd East- He hopes 3rd East is scheduled for an L.I.D. The mayor told him it is scheduled for next summer. He is supportive of this and sympathizes with those who have a hard time affording it. It is good to keep the sidewalks repaired. The sidewalks on 3rd East are in need or replacement and some of the curb and gutters are in bad shape. A question, she was walking down a section of Main Street and there are some sidewalks that are next to the curb and some that are not next to the curb. How are they going to connect or will one of them have to change theirs to make the connection? If they are the only one on the street that puts in a sidewalk at this time, would it set a precedence? Stephen told her it would unless there is an existing sidewalk on that block. A question if the city has to move a power pole that would be in the middle of the sidewalk? Yes either the city or the power company will move the pole. The mayor told them the council will take all comments under advisement and proceed if we vote to proceed. There will be an assessment roll and then there will be another hearing. Richard told them it will take at least 30 to 60 days to really finalize the assessment roll, if / ~ ~.,7 someone wants to put their own sidewalk in before then. (Stephen discussed L.I.D's) Nyle explained that there have been mistakes made in the past, but this council is now trying to make it better. It is unfortunate that some will experience the start up pain. There are even people that have built new homes in the past that got away with no sidewalks, but that ie not happening anymore. Nyle asked if they did the work themselves could they put the material on an L.I.D? Richard told them that could be done but the timing needs to coincide with when the city is doing theirs. (more discussion on sidewalks and the L.I.D.) A question if we finance it with the L.I.D. is there an early pay off? Richard told them they would have to pay the interest up to the next Bond Payment. It ie better if they pay it off when the payment is due. The city has to guarantee the interest ahead for one year. Close the hearing. The mayor told the council that two weeks from tonight we will not have a quorum, because several of us will be gone to the A.I.C. convention. It was decided that it would be held on June 18 at 7:00 A. M. Farrell said he would be gone. RE: BUILDING PERMIT FEES - BUILDERS ASSOCIATION TOPIC: (20,126,,,BUILDING PERMITS,BUILDERS ASSOCIATION) Richard gave the council a handout on building permit coat and taxes for several cities. Nyle and Glen had met with Ted Hill and LaMont Merrill representing the Building Association relative to building permit costs. RE: 2 HOUR PARKING REQUESTED BY TABERNACLE AND LIBRARY TOPIC: (20,126,,,PARKING,TABERNACLE,LIBRARY) Farrell told the council the Tabernacle Committee held a meeting and they would like 2 hour parking signs put up between the tabernacle and the library. They have a lot of Junior High kids and faculty parking there all day. Glen Pond told the council the Power Company would like to prohibit yard Bale signs that are being put on power poles. The Power Company has rules against it. A motion was made by Kay Beck and seconded by Nyle Fullmer to pay the bills. All Aye Meeting adjourned. Mayor, Ni e L. Boyle ~ :~ ~ ,~/~ i City 61erk, Rome Bey LETTERS CONCERNING L.I.D #29 - SIDEWALKS Nylon and Diane Nelson, We protest the intention to establish Rexburg Improvement District 29. If it is a mandate to have pavement for sidewalks made I think the owner should have the option to contract someone to do it. Where we have just recently bought the real estate we are financially not able to do it right now. If we were allowed a couple of years to save and then have it done. We will not be in town the 5th of June for the public meeting concerning this situation. Let it be known that we do object to the creation of Local Improvement District #29 and being charged by the City for improvements they deam necessary to be done. Brian Parkinson, I would like to be included in the LID to install sidewalks at 330 East 4th South. Neil Hansen, I would like to request sidewalks and new curbs for the fringe of my home at 358 South 4th East. I would like to continue the precedence set, by Leonard Jensen who is the only person on our street to have sidewalks installed wherein the sidewalk sets right in against the curb. Given all the other homes on our block, this would be the best way to put them. Please let me know about the progress of this project. Richard Phillips, Having received the notice of resolution of the intention to establish Rexburg Local Improvement District #29, and here in quote this, my visit with City Clerlc informed me that these improvements are required of recent move-in's and not to long time residences. She estimated the cost to be approximately $20.00 per lineal foot. I went home and paced off the frontage of my property and found it to be 80 paces. My pace average is 30 inches or 2 1/2 feet. I can estimate that the amount of sidewalk for my yard would be 200 feet. The coat would then be roughly $4,000. I then conducted a scientific study to determine the need of foot traffic I could reasonably expect to use the new sidewalk. On the morning of May 23rd at 7:45, I counted the number of pedestrians who might use my new sidewalk. At 8:30 a.m. of that same morning I concluded my study at which time I came to the following conclusions: ...... futures doubtfully would use my new eidewallc because she would save a number of steps by simple walking across my lawn. Of the remaining 5 individuals I counted 3 were obviously headed for Adams Elementary which ie on the opposite side of 1st Street North on which my home is situated. The other two were obviously headed for the High School I determined from their size and apparent age. One of those two came from the house on the northeast corner of 1st north and 4th east. It seems obvious that 4 of these persons use the side of the street opposite my home because there exists a sidewalk from the northwest corner of 1st North and 4th East all the way to 2nd East and beyond. On the south side of 1st north west of 4th East at Smith Park - no sidewalks. I am reasonably sure that these same individuals would use the same routes again when school ended in the afternoon. Aside from those times of the day our streets are about as active as country roads. If I am required to put in sidewalks my neighbors on both sides were not because they are long term residences. The cost estimates of this project tells me the City would not put in sidewalks along Smith Park. Sidewalks along my property would come from no where and go to no where. I then protest in the strongest language what I would call entirely arbitrary an expense to me. 2 doubt it would increase the value of my property if I were the only person to have sidewalks on the South aide of the above mentioned street. I can only conclude that the reports to bear the expense of this project would be the results of unrighteous dominion of a crude sort. Richard E. Phillips 76 North 4th East