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HomeMy WebLinkAbout1996.11.06 CITY COUNCIL MINUTES~~ DATE: (110696) City Council 11/06/96 7:30 P. M. State of Idaho) County of Madison(ss City of Rexburg) Present were: Mayor: Nile L Boyle Councilman: Glen Pond Kay Beck Farrell Young Ny1e Fullmer Bruce Sutherland Excused: Marsha Bjornn City Clerk: Rose Bagley Attorney: Stephen Zollinger Finance Officer: Richard Horner Engineer: Joe Laird Assistant Engineer: Val Christenson Pledge to the flag. RE: SUNBIRD PROMOTIONAL PROGRAM TOPIC: (21,9,,,SUNBIRDS,CHAMBER OF COMMERCE) Randy Landon was at the meeting as the Sunbird Representative for the Off Campus Association and Rexburg Chamber of Commerce. He is here tonight to ask for some help from the city. They would like the okay for the Mayor to go down with them to Arizona on the Sunbird promotional program and help represent the City of Rexburg. The Sunbird program brings in a real boost to the economy. They feel like the Housing Association and the Chamber have pretty well laid the ground work and now we need some support from the city and some of the other businesses and M.E.D.C.O. in the area to keep this thing going. Every time they go down to Arizona there are 5 or 6 other cities trying to get them to come to their city. They would be there four days, two shows at Mesa on February 20, one at Sun City on February 21, and one at Sun City West on February 21. He gave the council a video to review that will be shown at the shows at Mesa, Sun City, and Sun City West. A Motion was made by Bruce Sutherland and seconded by Nyle Fullmer to approve the minutes. A11 Aye Introduction of the Scouts and College Close. RE: 5TH WEST PERMANENT CLOSURE PUBLIC HEARING TOPIC: (21,9,,,STH WEST,CLOSURES,FAIR GROUNDS) 7:45 P.M. Public Hearing pertaining to the permanent closure and abandonment of the City Street known as 5th West, from approximately 650 feet North of the center point of the intersection of 5th West and 2nd North, running approximately 450 feet North; that area which falls within the Madison County Fai-rgrounds. It is proposed that the property at issue, would be transferred to the property owners on either side adjacent to the portions abandoned in accordance with Idaho Code, Section SD-311. Joe showed the alignment as decided by the city council and the county commissioners and explained. (copy on file) The idea was to find some best solution to come around the track and various alternates of turning radiuses trying to keep it down at the end of the track where the cutter shoots presently a.re so that they would still be able to run and end at about the center of the present grandstands. They had ended up with a compromise with a wider radius that pretty much splits the race tracks and one that falls farther to the south and into the parking lot area. It is roughly a 30 foot road on either side to get the trucks around with the overlap as it curves when the trucks go around a sharp corner like that, we feel it needs to be about a 40 foot 1`~ ~~..~ roadway width in the area where the turn is and back to 30 foot on either end. He had developed a cost estimate for it. (copy on file) The mayor stated that as you go around that curve with those big trucks with cement on, Farrell Davidson said there is no way that asphalt will hold, the way the tires come around. To put a permanent road it would have to be concrete. As Joe checked with the state it would have to be 12" of concrete and the cost on that is about $95,000 or more. (discussion) After talking to the County Commissioners, no one is going to have the money to do it. If the county does the work it would probably save $30,000 or $40,000. (Joe explained the construction of the road) Brooke Passey stated that this compromise looks like it impacts the starting gates even less. He stated that as far as the money goes they have talked about setting a time frame within 5 years to gear up to getting the concrete. Neal Ca11 - 778 West 2000 North - Representing the Fair Board. They see the proposal as something they can live with. He visited with other people in the other clubs that are involved and they feel that is a mutual type of an agreement that would work for them with building new starting gates rather than opening 5th West. This is probably the best agreement they could come to. The mayor stated that if the agreement can be reached between the city and county, the city would permanently abandon that portion of 5th West that goes right through the fair grounds. That land would then revert to the Fair Board and the county. In turn the county would deed to the city the property to make the loop. Then that would put this thing to rest and there would be no worry about not having the road abandoned. Bruce stated that a part of the agreement needs to be the time table for when the concrete will be put in and the road will be completed. The time table could be negotiated, but we need it in writing. It could be contingent on meeting with the County Commissioners and getting an agreement and then abandon the street. Brett Jeppesen- 1437 North 1000 East - He had just read about this hearing in the paper and is not really informed about it. He wanted the city council to know that he is in favor of abandon of the North 5th West. He hates to see the county loose any ground on Fair Grounds as heavy as it ie used. He had taken youth groups down there with horses and they use a lot of that race track. Joe told him it would take 50 or 60 feet off the end of the race track. The mayor told him we now have the Nature Park on the north of the race track that gets a lot of use but you come in at a very unsafe angle for the traffic. He stated there hoe not been any cutter races for 10 or 11 years. There are still posse meets, but it would preclude ever having cutter races there. Neal Ca11 stated if they would hold it as close to 50 feet as they can they would appreciate it. De11 Barney- He had a question when the council Bays it would be contingent on an agreement with the county commissioners? The mayor and Brooke Passey told him it would just be coming up with the agreement between the two bodies. De11 asked if this hearing is about an agreement? He thought it was about the abandon of 5th West. He asked when 5th West would be closed? The mayor told him it would be as soon as the agreement could be met. Stephen told him this hearing is the final stage on either abandoning it or reopening it. Dell felt that we need to agree on either closing or opening 5th West and then work on the agreement because the hearing tonight is on closing 5th West it does not have anything to do with an agreement. Glen stated we are having the hearing and he did not see why we could not extend the vote until after we have the agreement made. Nile said between the County Road and Bridge and the city crew could build gravel road jointly. A motion was made by Glen Pord and seconded by Ny1e Fullmer to table it until we have the agreement reached with Madison County which would ~~ probably be at the next meeting. (Brooke stated the only stumbling block he could see was the coat. Kay stated we had waited a long time for the figures and maybe there is still a way to block off some of that. He felt there was a way to shorten some of that concrete to save money. The only thing the county was waiting for since three weeks ago was these figures that we haven't had. We agreed three weeks ago Tuesday to have these figures to them in a matter of days. Now that we have the figures there is no reason that we can't get with the county and work it out.) All Aye RE: ROAD BY RAILROAD TRACK AND RAILROAD DEPOT TOPIC: (21,11,,,RAILROAD DEPOT,RAILROADS,ROADS,3RD WEST,MAIN STREET) The mayor told the council when the Railroad Depot was there, there was a road that paralleled the railroad track that runs from Main and comes back into 3rd West. It was a railroad road. It never has been a city road. Kent Jo11y wants to barricade that street. The street is gravel. The mayor felt that if he gets permission from the railroad to do it there would be no problem. Right now the city has to maintain it. The council felt he should go ahead and get permission from the railroad to barricade that road to go ahead. RE: FREE WATER FOR VACANT LOTS DENIED TOPIC: (21,11,,,WATER,LOTS,VACANT LOTS) Status for free water for undeveloped lots. DeLynn thinks we should not grant any more and discontinue the ones we are doing now. Nyle stated if we do it for some we need to do it for all or terminate a11. The mayor said we say it doesn't cost us much but we just had to raise water rates. A motion was made by Bruce Sutherland and seconded by Kay Beck to discontinue water service for non paying lots. All Aye RE: TRAFFIC REPORT ON NORTH 2ND EAST TOPZC: (21,11,,,TRAFFIC,2ND EAST,STATE HIGHWAY DEPARTMENT) Joe gave a traffic report on North 2nd East. We have had several requests for traffic signals on North 2nd East. That is a state highway, so anything we do there we have to have an okay from the Highway Department. We requested and the Highway Department did come and do a traffic flow count across the intersection at 2nd North and 2nd East and another at 4th North and 2nd Eaet to see if they would justify a traffic signal. Joe gave a handout of the traffic count. (copy on file) They did a survey in September of this year. He explained the handout. The traffic warrants show that there has to be a certain amount of traffic on the main street and a certain amount on the side street before a traffic signal can be warranted. There are twelve warrants under which a traffic signal can be warranted. The one that is the most applicable to this situation is (1)"Interruption of Traffic" which there has to b~e at least 900 vehicles per hour on the main street at both approaches and during that same 8 hours there has to be at least 75 vehicles per hour on the side street approaches. He explained that there are 7 hours that it meets that but not quite 8 hours. There is one other warrant (11) For four hours the volume on the side street exceeds 100 vehicles per hour which would warrant a traffic activated signal. If the council is in favor of a signal there, we would need to make a written request to the Highway Department indicating how this meets the warrant along with the accident history and see if they will approve it and if they do it goes on their five year plan for funding. In this case it is generally a 50 - 50 split with the city paying for the two approaches that are not state highway. It appears that we do have signal warrants at this intersection. For the study at the next intersection north where 4th North comes into 2nd East between Cal Store and Forsgren. At this location the main street volt me, there is still enough traffic on the main street to make the signal warrant however the traffic approaching the intersection from the east is lees than that at 2nd North. It would not meet the 8 hour warrant. There is a combination of two that might apply. It does meet the high warrant that during the day there has to be over 100 vehicles per hour if there are over 1400 vehicles per hour on the main street. We are at the boarder line of meeting that requirement. The other is the kind of platoon on the main street by the use of traffic signals because the traffic signal at this ~~ location would be midway between the one at Walmart and one at lst North. There is a possibility this might meet the traffic signal warrant to try to keep the traffic in a progression up and down main street. We are not in as good of shape on that intersection as we are at 2nd north to warrant a traffic light. The mayor felt we would rather have one where the Barney Dairy road comes in, but it doesn't justify it. Bruce suggested that 2nd North is the main road to the high school. The mayor told them a signal is somewhere in the excess of $150,000 so our share would be $75,000. (discussion) A motion was made by Bruce Sutherland and seconded by Glen Pond to apply to the State for 2nd North and 2nd East. All Aye RE: PUBLIC HEARING FOR ANNEXATION OF PROPERTY NORTH OF GREASE MONKEY TOPIC: (21,12,,,ANNEXATIONS,PUBLIC HEARINGS,GREASE MONKEY} 8:15 P. M. Public Hearing pertaining to the annexation of the City of property north of Rexburg. It ie the area just North of Kentucky Fried Chicken and the Grease Monkey which is under construction. It skips two lots and it is the next lot after those two lots, but is contiguous of the property across the street which is in the city. It is 300 feet north of the Grease Monkey. Nyle Fullmer declared a possible conflict of interest. Joan Johnson- Why can't we have the other two sections annexed at the same time without going through another hearing? When Keith sold the ground to the Grease Monkey, he told them if they came in they could annex their property at the same time without going through another hearing. The mayor told her we don't annex unless it is requested. Joan said they had their prop..=_rty for sale and some people were going to buy it but they dropped it because they put such a high price on building the road. The mayor told her that the Grease Monkey put in a half of a street so whoever builds on the other property will have to put in the other half. Stephen suggested that they ask whoever put in the road by the Grease Monkey how much they paid for their half of the road. Stephen explained that it was advertised for just this one parcel of ground and to add the other two parcels of property to this annexation would be impossible because it has to be advertised prior to the hearing. We would have to re-advertise. A motion was made by Kay Beck and seconded by Glen Pond to approve the annexation contingent upon Planning & Zoning approval at the hearing on November 13. Nyle again declared his possible conflict of interest. All Aye RE: REZONING OF 248 5. 2ND W. PUBLIC HEARING - STAN COLBORN) PASSED TOPIC: (21,12,,,ZONE CHANGES,2ND WEST,PUBLIC HEARINGS,STAN COLBORN) 8:30 P.M. Public Hearing regarding proposed rezoning of the property to HBD which is presently zoned HDR. The property is located at 248 South 2nd West and owned by Stan Colburn. The Planning & Zoning have recommended that it go to public hearing which will be held on November 13. It is used as HDR now. Joe explained that it is near Taco Time which is zoned commercial and the property across the street is commercial. On the north side it is HDR. Glen asked why the City Council is having a public hearing before the Planning & Zoning holds a public hearing? Rose said she had questioned Stephen why he had scheduled it that way and he said it was to hurry it through faster and there was no problem doing it this way. Glen said this ie the second one tonight we have done this way and he ie uncomfortable doing it that way. Kay felt the Planning & Zoning are the experts and it should go to them first. A motion was made by Nyle Fullmer that we approve the re-zone contingent on Planning & Zoning approval. All Aye Glen recommended that Planning & Zoning always have their hearing prior to the city council having a hearing. 1 RE: MICKELSEN PLAT DISCUSSED - POWELL ADDITION TOPIC: (21,13,,,MICKELSEN PLAT,PLATS,HOMESTEAD CONSTRUCTION,SEWER, PERMITS) Chuck Mickelsen- He had talked to the mayor and Joe. They are trying to sell some lots in the Powell addition. There is a problem with the sewer. It has been a problem for fifteen to twenty years. The buyer would like a letter that when it ie finished it will not cost them. He had received a letter from Joe that said they could not issue anymore building permits because the plat is not recorded at the County. The permits could not be issued until the plat is recorded at the county. It also states that the existing parcels of land that have already been sold off as well as the remaining ones must be platted and recorded. The new plat will also need to address the issue of providing access for the maintenance truck from Maple Drive to the sanitary sewer manhole located in the middle of the property. This access can also be used as a driveway for one of the proposed houses however it would have to have enough asphalt and crushed gravel to support the rather heavy weight of the sewer maintenance truck. (copy of letter on file) Chuck stated that the sewer maintenance truck comes once a month at least to clean out this line because it supposedly clogs up with roots and things. They maintain that if there has been this problem for this long, why hasn't it been fixed. If the line has a problem and clogs up over and over, it seems we could have bought a new line for what it cost the city to send someone there that often to clean out the line. If you are going to put in these houses and if the line belongs to the city shouldn't we have a new line put in? You still will need an easement to that manhole because you have to have access in case it has to be cleaned. What home owner will want the city across there every month. How many buyers that find out about this are going to buy a lot or home when they know there are problems with the line. There is an easement down the back of the property. In all the deeds that are sold it tells them there ie an easement. Some people have elected to put in fences and there ie an easement for the city to get down in back of the property. He did not think most people would want asphalt and crushed gravel in their yard for the city to get to the easement. When you own the property you personally don't want to pay for that when it is for the city to use. The city should incur that cost, it is their line. Why should he plat those lots that are built on, he doesn't own those lots. Those lots have been sold and agreed to and the city has issued building permits for them, eo the city has agreed that the plat ie there. They did it under good faith and they thought it was recorded and so did Dar Mickelsen. Farrell Young indicated that it had been platted apparently just not recorded. He showed the letter to the council that Joe had sent to him. (on file) Joe stated there are two things that need to be addressed, one is the platting and the other is the access to the sewer. They indicated that they started back in 1976 with a plat that was drawn by Forsgren. Rose could not find the P&Z minutes to see if it had gone before them and the council minutes did not show it had gone to the city council and it was not recorded with the county. It would need to go through the regular approval route. There have been a number of lots sold. There are B open lots. Glen stated after looking at the plat that had been drawn up, there are ~- already homes that have been built. As far as the subdivision goes it appears by whatever means the city has already acknowledged that there must be something there because we have allowed building there before. Joe said the plat had not been approved. Glen stated there is a subdivision there and lots have been built on. We have recognized that there are lots there because we have allowed other homes to be built. Chuck said there ie no real cost to record the plat. The cost comes when you have to get an engineer to re-do the plat. Joe told him that does not take care of the sewer access problem. (discussion on access to the sewer) Glen asked if we go by the existing plat (what we assumed was a recorded plat) there was an easement down through there, which gets to the manhole, which gives us the access all the way down there then by flp ~~~1 us requiring this lot give up an entry way to the manhole eo the other folks don't have to worry abcut access anymore, isn't that a taking of property? The people that live there were at risk when they built the fences and put the trees and shrubs in. (discussion on sewer access and relocating the sewer line) Ny1e said it seems that it should be the city's responsibility to try to maintain an easement back in there if we are not going to use the one we have. Glen asked why we wouldn't use the one we already have? Nyle said if we to get in to clean out the sewer we will need the people to tear their fences out and leave them out. Farrell suggested that we could relocate the sewer. Joe said the city will have quite an expense to fix the line. Chuck said it isn't a problem if you are coming through once a year or twice a year but they are coming in every month. Danny Thomas- 503 Linden- He is the home owner that has the sewer manhole cover in his back yard. He wanted to have everything cleared up before he puts up a fence. He wanted to know where the maintenance truck is going to come? He purchased this new home at the end of June and no one even mentioned the possibility of a big truck coming into his back yard for maintenance. He did know there was an easement and could live with that. If there is going to be a city truck going past his garage going east and west he needs to know about that. Before he does any landscaping he needs to know. (discussion on location of sewer) Lee Gagner- He is the owner of Homestead Construction and the builder of Mr Thomas's house. They had no idea when they purchased the land that there was a problem with the sewer. Every home owner knows that they have an easement in the back, that the potential exists and someone may come in occasionally if there is a problem. He didn't think anyone knew it would be a monthly thing and that the sewer has been a problem for quite some time. Homestead is also the prospective buyer of the other lots and are concerned as to whether the sewer does have a serious problem as a ,, number of people have indicated. They started looking and did not find any recorded plat. They have a concern if the easement is even recorded? There is nothing at the title company. They have a concern if there is an easement. Another concern is if it has to be recorded and the cost of recording it to keep with the city requirements of the square footage frontage and square footage of the lots. They were thinking if there had been 8 lots, that they would record it into nine. They do the building for the $80,000 to $100,000 homes. They try to size the lots so they can sell these homes for this price. That is the concern Y.e has, is the cost to record and plat and who ie going to do that and also the concern of Mr Thomas to suddenly have to give up 10 or 15 foot of his land for the truck to come in. When the Powell Addition was platted, it did plat a 14 foot easement. Joe said the easement they were talking about rather than going through Mr Thomas's property which has homes on either side, they were thinking of going to the east and connecting onto Maple. The mayor said if it has to be re-done, it needs to be done pretty quick. You will have to tear those out anyway to reconstruct a new sewer to replace that line. Ted Whyte stated that flushing the line is just a band aid solution. Glen Pond stated that the thing that is missing here is a bunch of home owners that is going to be affected. People all need to be aware so we can hear their feeling. Chuck said most of those homes have been sold two or three times. Nyle stated he agreed but we need to solve the problem. (discussion) If a new sewer is put in we caill need to blast through the lava rock. Stephen suggested that the line is probably not straight. He stated that this needs to be platted and recorded. Mr Gagner said they are replatting their portion. Stephen told him they would have to go through plat approval process. He said he did not think what Joe was suggesting would affect the existing lots. (discussion) ~~t The mayor said we could get the line shot with the T.V. camera. Joe and Homestead need to get together and discuss it. RE: RES. 96.07 FOR GRANT FOR 7TH SOUTH CONSTRUCTION & WATER MAIN EXTENSION TOPIC: (21, 15,RES,96.07,GRANTS,7TH SOUTH,WATER MAIN EXTENSION) The mayor told the council we have set a Public Hearing on the 20th at " 7:00 P. M. on a proposal to apply C.B.D.G. Grant. Before that we need to authorize the mayor to sign a Certificate Regarding Lobbying. (on file) We also need to pass Resolution 96.7 "A Resolution to Submit an Application for an Idaho Community Development Block Grant to Assist in the Construction of 7th South Street (from South Yellowstone to Second East) and the Improvement of the City Water System." The mayor also needs to have authorization to sign a Citizen Participation Plan for the Idaho Community Development Block Grant Program. (on file) A motion was made by Nyle Fullmer and seconded by Farrell to pass Resolution 96.7 and authorize the mayor to sign the Resolution and sign it and also sign the Certificate Regarding Lobbying and the Citizen Participation Plan. A11 Aye RE: RECREATION DISTRICT TOPIC: (21,15,,,RECREATION DISTRICT) The mayor told the council there would be a meeting with the County Commissioners and the School District. We need to decide things we need to discuss and which ones to include into he Recreation District. (copy on file) The meeting will be on November 13 at 7:30P. M. at the Middle School Library. We also need to decide if we want the election in February or in May. We all need to go in the same direction. A motion was made by Ny1e Fullmer and seconded by Kay Beck to pay the bills. A11 Aye RE: HOME PAGE AND GOVERNET TOPIC: (21,15,,,HOME PAGE,GO'JERNET) Richard gave a hand out (on file) of the Home Page on the Governet. He asked the council to look at it and make comments. We will not publicize it until it is complete and functional. We would like everyone here next time to take pictures for the Home Page. RE: LIGHT POLES IN SIDEWALKS TOPIC: (21, 15,,,LIGHT POLES,STREET LIGHTS,SIDEWALKS) Kay Beclc stated that Hob Marcum 475 Linden contacted him. He is building a new home and asked what the city would do with the light pole that is in the middle of the sidewalk. The council felt that because they are the same all over the city we couldn't change that one unless we changed them a11. The cost would be too much. A motion was made by Glen Pond and seconded by Nyle Fullmer to adjourn. All Aye. Meeting adjourned. U ~~ ~ Mayor, i e L. Boyle i ~~ t/~o . ~~ ~. .( ~~~~*rT;'i rte.. City Clerk, Ro~ !B~~