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HomeMy WebLinkAbout1997.06.18 CITY COUNCIL MINUTESZ DATE: (061897) State of Idaho) County of Madison( ss City of Rexburg) Present were: Mayor: Councilmembers: Excused: City Clerk: Attorney: Finance Director: Assistant Engineer: Pledge to the Flag City Council 6/18/97 7:00 P.M. Nile L Boyle Kay Beck Glen Pond Marsha Bjornn Bruce Sutherland Farrell Young Nyle Fullmer Rose Bagley Stephen Zollinger Richard Horner Val Christensen A motion was made By Bruce Sutherland and seconded by Farrell Young to approve the minutes of June 4 and June 16. All Aye RE: BID APPROVED FOR FIRE TRUCK TOPIC: (21,72,,, FIRE TRUCK,FIRE DEPT.,BIDS) Spence Larson was at the meeting to review the bids for the New Pumper (a copy was handed out to all council) The bids were: Smeal Fire Apparatus Company $183,932.00, 3 D Manufacturing Inc. $203,802.00, Pierce Fire Equipment, Inc, $208,827.00, #-One-D 3 Z Inc. $224,317. All dealers took some exceptions to our written specifications of which Spence found none to be unacceptable in the over all functions of the fire truck. Low bid to high bid is a cost difference of: $40,385.00 A motion was made by Bruce Sutherland and seconded by Kay Beck to approve the low bid. All Aye RE: RESOLUTION NO. 97.06 REGARDING LID 30 PASSED TOPIC: (21,72,RES,97.06,L.I.D. 30,SIDEWALKS,PUBLIC UTILITIES, HARVARD) Mayor Boyle read Resolution No. 97.6 regarding L.I.D. 30 creating an L.I.D.on Harvard & 3rd East and a small area on 5th South. RESOLUTION DECLARING THE INTENTION OF THE CITY COUNCIL OF THE CITY OF REXBURG, IDAHO, TO CAUSE CERTAIN SIDEWALKS, CURBS, GUTTERS, STREETS, SANITARY SEWERS AND OTHER PUBLIC UTILITY WORKS WITHIN THE CORPORATION LIMITS OF SAID CITY TO BE REMOVED, RE -GRADED, PREPARED, CONSTRUCTED AND RE -CONSTRUCTED, AND OTHER WORK INCIDENTAL TO ALL THE FOREGOING IMPROVEMENTS IN THE DESIGNATED AREAS TO BE ACCOMPLISHED, TO CREATE LOCAL IMPROVEMENT DISTRICT NO. 30 FOR THE PURPOSE OF MAKING SAID IMPROVEMENTS; TO DEFRAY THE COST AND EXPENSES OF SAID DISTRICT AND THE COST AND EXPENSE OF SAID IMPROVEMENTS BY THE LEVY OF AN ASSESSMENT AGAINST THE ABUTTING ADJOINING AND ADJACENT LOTS AND LANDS ALONG OR UPON WHICH SUCH IMPROVEMENTS ARE TO BE MADE AND UPON LOTS AND LANDS BENEFITTED BY SUCH IMPROVEMENTS AND INCLUDED IN THE DISTRICT TO BE CREATED ACCORDING TO A FRONT FOOT METHOD OR IN PROPORTION TO THE BENEFITS DERIVED TO SUCH PROPERTY BE SAID IMPROVEMENTS, OR A COMBINATION THEREOF: SUBJECT TO ANY VARIATIONS THEREFROM TO BE DETERMINED BY THE COUNCIL, EXPECT THAT THE COST AND EXPENSES OF ALL SUCH IMPROVEMENTS WITHIN STREET INTERSECTIONS AND ALLEY INTERSECTIONS SHALL BE PAID FROM THE GENERAL FUNDS OR GRANTS OF THE CITY; GIVING THE KIND AND CHARACTER OF SAID IMPROVEMENTS AND THE ESTIMATED TOTAL COST THEREOF; FIXING THE TIME WHEN PROTESTS AGAINST SUCH IMPROVEMENTS AND THE CREATION OF SAID DISTRICT MAY BE FILED IN THE OFFICE OF THE CITY CLERK AND WHEN SUCH PROTESTS WILL BE HEARD AND CONSIDERED BY THE CITY COUNCIL, AND PROVIDING FOR GIVING OF NOTICE THEREOF. Bruce Sutherland asked if it would be completed before fall? Val told him it would go to bid in three weeks and the intention was to finish it by fall. We would need to set a Public HEARING FOR JULY 16. A motion was made by Kay Beck to adopt Resolution 97.6 and set the Public Hearing for July 16. Seconded by Bruce Sutherland. All Aye RE: INKLEY STORE PARKING TOPIC: (21,73,,, PARKING,INKLEY) Mayor Boyle told the council he had a request from Joe Spencer's wife, who is the manager of Inkley Store. They have requested to rent a parking spot next to the Inkley Store. It was discussed by the council and they felt that it was a very busy corner, it might send a precedence for other businesses to make the same request and it would affect other businesses. The council felt his request should be denied. RE: ROSE BAGLEY ACADEMY fOR EDUCATION TOPIC: (21,73,,, EDUCATION,ADVANCEMENT) Mayor Boyle read a letter from the International Institute of Municipal Clerks announcing that Rose Bagley, CMC/AAE has been accepted into the IIMC Academy for Advanced Education stating all the requirements necessary for this achievement. RE: TABERNACLE CIVIC CENTER APPOINTS TWO NEW MEMBERS TOPIC: (21,73,,, TABERNACLE,TABERNACLE BOARD) The mayor told the council that the Tabernacle Civic Center have asked that the council appoint two new members to serve on their committee, Reed Squires and Janice Jeppesen. A motion was made by Glen Pond and seconded by Bruce Sutherland to appoint these two new members. All Aye. RE: APPEAL FOR A CONDITIONAL USE PERMIT FOR JARED SOMMERS TOPIC: (21,73,,, C.U.P.,SOMMER*JARED,SHERWOOD HILLS) An appeal had been registered with the City Clerk for a Conditional Use Permit which was approved by the Planning & Zoning for Jared Sommer to build a house with a basement apartment at approximately 412 South 3rd East, in the Sherwood Hills Subdivision. Only one person had come to the Public Hearing before the Planning & Zoning to express opposition to this construction. This plan had been signed off by the Architecture Committee of that Subdivision. Stephen stated that Rusty Townsend and Mark Rudd, who are on that committee and was in the office today and stated that they are not opposed to this construction. Brenda Reeser- She lives two blocks west of this property. She was not opposed to Mr Sommer building a house to live in but was opposed to an apartment in the basement. Even if the Architectural Committee approve the plan, they did not feel they had represented them. They were opposed to the apartment because of the traffic and noise. Everyone on the street is opposed to it she stated. Val Christensen- He owned the property next to the property that is in question. He had wrote a letter opposing it it. After talking to Jared Sommer, Mr Sommer had told him he would not build the apartment in the basement if any of the neighbors had a problem with it. He did go to the Architecture Committee but Mr Christensen did not think he had gone in the proper manner he should have gone to find out if the neighbors wanted it. After Mr Sommer told him he had checked with the neighbors, then Mr Christensen approved a revised plan. Terry Wall- 429 South 3rd East- He had been out of town and just returned. He had understood that subdivision was for only single family dwellings. This house with an apartment would not conform to that. He asked The City Council and Mayor consider that and hold to that. An apartment in the neighborhood for college students would lower the value of the property. �LV Marsha Bjornn- The property is zoned L.D.R.1 which allows for a two family dwelling with a Conditional Use Permit. The definition of a family is not what we would think. Stephen explained the definition of a family as provided by the Federal Government. This definition has been challenged in court and has lost repeatedly. The mayor stated he had looked at the history and Mr Sommer had came to Planning & Zoning on 2/12/97, 2/26/97, 5/14/97 and a Public Hearing was held on 6/11/97. Val Christensen had written a letter and then approved his plans. The plans and home with an apartment was approved by the Architecture committee. Only one neighbor came to the hearing to oppose the project. The opposition by Mr Green was the apartment with students. There is already enough traffic in the neighborhood. There was no law protecting them from having him move out and moving another rental unit upstairs. If the precedent is set other houses could do the same and they felt they should have the integrity of the neighborhood. Stephen told them that the requirement on parking would limit it. We are locked in to accept the definition of a family. Because Mr Sommer met all the requirements of a Conditional Use Permit, the Planning Board issued a Conditional Use Permit. That is why the ordinance provides for an appeal process. David Reeser- Planning & Zoning's decision was made with only one neighbor against it, but the rest of the neighbors did not know about it. Stephen told him all the property owners within 300 feet were notified, the property was posted and the notice was in the paper. Mr Reeser said he was not against him building a home there and living in it, but he was against him renting out the basement at all. It would not be compatible with the low traffic or compatible with the other homes. The high traffic would present a nuisance level. Farrell Young asked Mr Sommer if he had or would withdraw his application. Jared Sommer told him at this point he had sunk too much money into it. If he had been told up front from the Architecture Control Committee they were against it, he would not have pursued it. He thought if the Architecture Control Committee approved it the neighbors would approve it because they were representing them. Now he would loose $1800 if he didn't go through with it. He had never intended on renting the upstairs. He had first gone to Gary Aiman and told him he had bought a lot that bordered the subdivision and was next to the Apartment Complex. He had explained to Mr Aiman that was the reason he had bought that lot. When Mr Christensen was opposed to it he had changed the parking to the side by the apartment complex and Mr Christensen had agreed to that plan. About 1/2 of the students at the college have cars. The traffic will be down hill. The home will be nice looking and will be landscaped around the parking to obscure it from the street. He stated his financial position would not allow him to give up $1800. He does not want to cause a disturbance in the neighborhood. There are two or more homes in that neighborhood that have apartments and they didn't come to Planning & Zoning for a Conditional Use permit. Marsha Bjornn stated he could sell the house to a family and they could have 8 or 9 children and they could each have a car. (Discussion on Restrictive Covenants.) Stephen told them the Planning & Zoning functions under the ordinance and gives the nine standards for a Conditional Use Permit which he had met. The board can also put conditions on the permit. Val Christensen stated that he thought he was standing alone on being opposed to this. He wrote a letter against it and talked to Jared. Jared told him he would not push it through without the consent of the neighbors. Val had thought he was fighting a battle by himself. Rusty Townsend suggested that if the zoning was L.D.R. an apartment would not be allowed. 5 Glen Pond read from the Zoning Ordinance 6.13 paragraph A and asked if this was done? He asked the council if they felt this was had been neglected to be done. Jim Long -At the Planning & Zoning meeting he had made a motion to table the decision to allow more input but the motion had been defeated. Kay Beck suggested that all the neighbors should have copies of the Protective Covenants which would allow an apartment and Mr Sommer went through the legality of getting a Conditional Use Permit. It looks like there are some other neighbors that have not done it legally and have apartments and that seems to be okay. Marsha asked the group if he had gone ahead and put the apartment in against the Zoning Ordinance would the neighbors thought it was legal. The mayor told the council we can only turn the Conditional Use Permit down for legal cause. Stephen stated that he had met the criteria for a Conditional Use Permit. He was willing to predict speaking from his experience that every study that can be done would come back in his favor for a duplex, particularly because it would be built next to a four plex. If the council feels we should spend money to do a study, they can vote to do so, but it meets all the criteria that is required. (discussion) Some of the residents asked what it would take to change the zoning from LDR1 to LDR? They were told they would have to get signatures from all property owners and have Public Hearings. The mayor explained that by law the city can't disallow modular homes in the city, but Protective Covenants can restrict them. This is the same with any requirements, they can be done by changing the Protective Covenants. Rusty Townsend asked if in the LDR zone they can't get a Conditional Use Permit, what about if they rent rooms out? Stephen told him he would have to research it. Rusty said people in his neighborhood zoned LDR do rent rooms out. Rusty suggested that the neighborhood needs to clean up the mess they already have with the rental units that did not get permission. Cindy Aiman- She told the group at the time the city rezoned the city and that area that neighborhood fought mobile homes and rewrote the Protective Covenants. In the covenants it says you can have an apartment in the basement. Mr Sommer has passed all the requirements. Jim Lamp- He asked if Mr Sommer builds this is he required to live in the upstairs if he rents the basement and can we require him to live there for at least two years. Stephen told him there is no requirement that it has to be owner occupy. Terry Wall- He suggested that if Mr Sommer is concerned about the $1800, maybe some of the residents could come up with some money and he could still build a house so he could live there. Stephen stated that the thought Jared would be willing to withdraw if the neighbors paid him the money he would loose. He also suggested that if they did not want apartments that they change the Protective Covenants or change the zoning to LDR. Some residents attending did not feel they should buy him off with the $1800. Farrell Young made a motion that the council table it to give them a chance to work it out. Stephen cautioned them that right now he has a permit and the Conditional Use Permit runs with the property. Glen Pond seconded the motion. Those voting aye to motion: Kay Beck, Farrell Young, Glen Pond. Those voting nay to motion: Marsha Bjornn, Bruce Sutherland. Motion carried. Ju RE: LEASING PLAYGROUND EQUIPMENT TOPIC: (21,75,,, SMITH PARK,PLAYGROUND EQUIPMENT) Clair Boyle was at the meeting to discuss leasing Playground Equipment. The city has about $6000 to $7000 with the money the Scroptimist Club has donated for Playground Equipment for Smith Park. Our playground equipment does not meet A.D.A. requirements. The play ground equipment we are looking at will cost $16,000. This equipment would provide for the A.D.A. requirements. Clair and Richard had talked about it and felt we should lease to buy the equipment. A motion was made by Bruce Sutherland and seconded by Marsha Bjornn to accept the lease program. All Aye RE: BIKE PATH TOPIC: (21,76,,, BIKE PATH,5TH WEST) Update on the Bike Path. Cody Howard stated that they wasn't to the last meeting and would like more information. The mayor told him they were going to have a meeting the next day with the school board. At the present time the path would go down 5th West, along the edge of the Kennedy school property, through the Merrell Property to 1500 West, across to 7th South and up to the College Arboretum. Bruce stated that he would worry about crossing the highway to 7th South without a light. The mayor suggested that we might possibly have to put in a four-way stop until a light could be put in. Sherry Howard asked if the bike path would be fenced in. The mayor told her it would not be, it would be paved along the fence line. The mayor told the Howards that as they checked the corner of their house on the city right -a -way. This mistake was done years ago. The bike path will be paved but will not have curb and gutter. The mayor told them there is another phase of the bike path that would go from 2nd East, down Millhollow and down to the high school. There will be money available for that next summer. There will be a meeting with the school tomorrow. We currently have an agreement with the school to put in curb, gutter, and sidewalk along by the Middle School. The mayor suggested that we make a trade with them if they will culvert the ditch and put in a 10' wide bike path along the edge, they won't have to put in curb, gutter and sidewalk. It would make it a lot safer. The council suggested that they should put somekind of a a retaining wall or abutment along the path with the culvert. (discussion on location of bike path) Sherry Howard asked if a committee is working on the Bike Path? The mayor told her it was a joint city/county project with a committee working on it. The council discussed the curb, gutter and sidewalk by Middle School. Their feeling was that it might be more of a determinant because of the run off to have curb and gutter along there. RE: LID ON HARVARD TOPIC: (21,76,,, L.I.D. 30,HARVARD) Gwen Butler asked about the L.I.D. on Harvard. The mayor explained about the Resolution and the figures that we had already gone over earlier in the meeting. She asked about the driveway approaches? ^A1-1 RE: CONSTRUCTION OF RICKS COLLEGE ADMINISTRATION BUILDING. TOPIC: (21,76 ... RICKS COLLEGE,7TH SOUTH,VIKING DRIVE,TAYLOR BUILDING) Chuck Frost gave the council an update on the construction at Ricks College. They were ready to open the bids on the administration building. The low bid was Commercial General from Idaho Falls. Their bid was within the Architect's estimate. They will now present it to the Board of Trustees. They have scheduled the ground breaking for July 1. It will house 191 work stations for people and will be a fine addition. It will be 70,000 square feet. It is a two story building and will run north and south. There will be 18 college departments in the building. There will be two entries, one from the east parking lot and one on the west that will open up into a plaza area that they will open up between the Taylor Building, the Administration Building and Manwaring Center. They expect the building to be done March 1999. They will start moving into it and be ready for use for the school year. There are a couple of concerns they want to talk to the council about. Around the north end of the building it comes within 18 feet of the curb. When they get into construction they may have some difficulty especially if 7th South isn't finished and Viking Drive is still open to get around the end of the building. They may need to come out into the street with the construction. Bruce suggested that maybe they could have no parking on the north lane until the street is closed. Discussion on 7th South. The mayor told them we have an approval from Jim Ross, who is the head engineer from the Highway Department, he said 7th South would be a go but then he said the college haven't signed the final property transfers back and they won't do anything until that is done. He told Chuck to get with Dick Dyer. Everything is ready to bid as soon as they get the property things are done. We are working on another deal within in this district to transfer money. With the engineer's estimate we should have enough money. To bring the council up to date on the Viking Quad. They have hired an architect out of Salt Lake. What they are trying to create is they will have the administrative on one side, the spiritual on another side and the social on another side of campus. The Taylor building is almost done. They are starting to move the furniture in on July 7 and move the faculty in on July 14. The chapel will be finished August 1. They will have the building ready for school. The dedication of the building will be in September. President Faust will come and dedicate the building. They are not sure how to handle the pedestrian traffic. They are not sure how to handle 1600 people crossing every hour. They will put in temporary sidewalks. The landscaping will not be done on the north side of the building. they will put temporary fencing up and put wood chips in. Stephen told him the city and the college need to sit down and see how we are going to moderate the people crossing the street. RE: WATER PROJECT BIDS TOPIC: (21,77,,, WATER TANK,BOOSTER STATION,BIDS) Mayor Boyle read the bids for the water project. The low bid for the Water Tank was Associated Brigham Construction for $572,268 and the low bid for the Booster Station was Zollinger Construction at $209,600. A motion was made by Bruce Sutherland and seconded by Glen Pond to award the bid to the low bidders. All Aye A motion was made by Glen Pond and seconded by Kay Beck to pay the bills. All Aye. Marsha reported on the progress on a committee for the Skate Board Park. A meeting will be held next Thursday at 7:00 P.M. Bruce made a report on the Airport Board meeting. There is a concern about people parking vehicles that have been parked at the airport and left for a long time. They will try to take care of the problem. RE: LINCOLN SCHOOL TOPIC: (21,77,,, CROSSWALKS,TRAFFIC,LINCOLN SCHOOL) Kay told him the principle at Lincoln School asked if they could get a crosswalk to cross over to the new road and do away with the other crossings. He had referred him to Bart Webster and the Traffic Committee. He also had a request for a speed bump on 3rd East. (discussion) The council felt they did not want to put in the speed bump. The mayor discussed the mosquito problem. The county won't spray the mosquitos unless he authorizes it but we have been getting a lot of calls. The council told him to have them spray the whole city except areas around the hospital or other problem areas that have requested not having the spraying. A motion was made by Bruce Sutherland and seconded by Marsha Bjornn to adjourn. All Aye ALI Mayor, ile L. Boy city .Clerk,--ttc-ffe^Bggley