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HomeMy WebLinkAbout1999.05.05 CITY COUNCIL MINUTES DP_TE: (050599) City Council 5/5/99 7:30 P. M. State of Idaho) County of Madison( ss City of Rexburg) i- Present were: Mayor: Bruce Sutherland ', Councilmembers: Farrell Young !.i ' .Glen Pond i {L...., ICay Beck Paul Pugmire Nyle Fullmer City Cleric: Rose Bagley Attorney: Stephen Zollinger Finance Officer:Richard Horner P.F.C: .John Millar Pledge to the flag. A motion was made by Kay Beclc and seconded by Glen Pond to approve the minutes. All Aye Introduction of scouts.. RE: Z.O.C.O. PRELIMINARY PLAT FOR SUBDIVISION TOPIC: (22,129,,,Z.O.C.O.,SEWER,WATER,AIRPORT,MAIN ST.) Z.O.C.O. Preliminary Plea- Stephen Zollinger presented the plat and stated he would have a conflict even though he is not a voting member. They had changed the sewer line because they would not need to go under the highway with the sewer line. He showed the access roads, drainage and utility lines. Doug Conway- 75 Aries Drive- He had a concern. It looked like it was going to route most of the traffic through the Starlite Addition. He was concerned about the safety of the children. He wondered why there was not an exit onto Ma'.n Street. The other issue was the flight path, he wondered if that wou.d be a problem. Stephen told him in developing this property they are aware of the flight pattern. Because of this the lots in that area will be sold at a considerably lower price than those on the east side of the development and will make everyone aware that the flight pattern comes close to those lots. Just South of Main Street there is a section about 170 feet wide by 308 feet where the canal cuts through which they will dedicate to a green space. They will plant some evergreen type plants that they hope will act as a buffer of noise from the highway and the over flight. Their research shows that if they can buffer the initial lift off noise that is probably the worst. The airport has a right hand turn on take off which means they turn over Mr Conway's dodo house. They have monitored it starting with the air show and monitored the noise. At no time did the noise exceed the F.F.A. allowable limits.. He asked about access onto Main Street? Stephen told him the highway department gave him strong indications that it would be rejected because of its proximity to 1420 West. It would have resulted in having two accesses within 300 feet of each other onto the State Hichway. They are going to dedicated a right-a-way to the city to enable them to flatten out the curve on 1420 West. Stephen discussed the traffic route. John Millar explained there is a preliminary road planned to go on the South side o£ the church eventually. It has been planned~to go through the Laird subdivision a..d also the preliminary plat of the the Henderson subdivision. Stephen told him the Starlite subdivision and this property was originally planned as ore. The roads were already stubbed in. Mr Conway said the main concern is the safety issues. He would like to know what the plan were for signs. The mayor told him if it becomes a problem we could have t?Ie Traffic Safety Committee look at it. Our City Engineering Department v;ill look at it initially. Stephen told him the church did not want a street on the east aide of the church. Mr Conway questioned thr_~ Restrictive Covenants? Stephen told him they have not been completed yet but they have restricted the size of the home and also will not allow metal roofs. Clair Harrop- 162 Aries- His concern is in the 25 years he has lived there, he has seen one plane accident. The airport has increased usage •;--- and there have been more accidents lately around the area. He was '':i concerned about the consequences if a plane crashed on the property with a subdivision. Stephen told him that was a concern but they could. i not afford to leave the property vacant and they did go through the Si_ F.F.A. for their regulations. RE: ORDINANCE 817 CHANGING ZONING AT 125 EAST 1ST NORTH TOPIC: (22, 130, ORD,617,ZONING, ISTN, ZONE CHANGE) ORDINANCE 817- An Ordinance changing the zoning on the property located at approximately 125 Eaast 1st North and extending to the North from L.D.R.1 to H.B.D. AN ORDINANCE AMENDING AIrD CHANGING THE ZONING NLZ1P OF THE CITY OF REXBURG, IDAHO, AND PRO~,IDING THAT THE ZONED DESIGNATION OF THAT CERTAIN PROPERTY HEREINAFTER DESCRIBED, SITUATED IN REXBURG, MADISON COUNTY, IDAHO, BE CHANGED AS HEREINP_FTER DESIGNATED, AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. A motion was made by councilman Nyle Fullmer and seconded by Glen Pond that the rules requiring an ordinance of a general and permanent nature to be read on three occasions be dispensed with and that said ordinance be numbered 817. Those voting aye: Kay Beck Paul Fugmire Nyle I'ullmer i'. Glen Fond '~ Farrell Young Absent: Marshes Bjornn Those voting nay: None Ordinance 817 was then placed before the council. The mayor then called for the voting for fina_. passage of the Ordinance, and the motion was made by Glen Pond and se::conded by Farrell Young that Ordinance 817 be passed. Those voting aye: ICay Beck Paul Fugmire Nyle Fullmer Glen Pond Farrel Young Absent: Marsha Bjornn Those voting nay: none The roll showed all councilmen present voting "Aye" carried, the mayor declared that the majority of all the members of the City Council had voted for the passage of said ordinance was duly and regularly passed. Mayor Sutherland declared the motion carried. RE: ORDINANCE 816 DOGS IN PUBLICPARKS TOPIC: (22,130,,,PARICS,DOGS,ORDINANCES) First Reading of ORDINANCE 816 amending 'Ordinance 564 regarding regulations of dogs in the park. AN ORDINANCE AMENDING SECTION VI OF ORDINANCE 564 PRCVIDING FOR REGULATIONS CONCERNING USE OF THE CITY PARKS OF THE CITY OF RE.;HURG, IDP.HO; PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. Discussion. It was felt that the word and should be changed to read or "unless upon a leash or under the control of a handler at all times". John Millar has looked into some scoops to put in dispensers at the entrances of the parks. These are very inexpensive and other cities use them. RE: EXCAVATION PERMIT REVISED TOPIC: (22,131,,,EXCAV?.TION PERMIT, DEPOSIT,PERMIT,STREETS) John discussed the Exca~ration Permit- They have redone the excavation permit. (1) They have c}_anged it to have a $1000 deposit prior to excavation with $900 of that refunded upon approval.(2) They have to notify the city engineer: prior to baclcfilling the excavation and prior to paving it. Failure tq do so would be just cause to retaining all or part of the $900. (3) We have required that they carry a general liability policy. (a) This limits the area of the excavation size to 30 square yards. Anything larger we would negotiate with them on a reasonable fee. (5) We have increased the time that the permit fee can be held from 90 days to 180 days. If there are special conditions when the street is going to be reconstructed we will change the schedule. (discussion) ICay suggested that we retain more than $100. Jolui told him the engineering department would inspect it to make sure it was done correct. This does not address the Gas Company and they are the worst offenders. We also could put a moratorium on a new constructed street that they can't cut into it for "X" amount of years. The gas company does have to adhere to the requirements but there is no financial recourse for them. Discussion on the agreement with the Gas Company. Stephen told them we can make the gas company abide by the contract or sue them for the cost of the repairs. I£ the repairs are done to a substandard we have the right to have them come back as many times as they need to patch it right and hold them to what is known as the Industry Standard. The Industry Standard will survive whatever that road is designed for. It was suggested that we add to the contract that a larger cut will be negotiated with the Public Facilities Coordinator. Questioned about putting a fine in for people cutting the streets without notification to the city. Stephen said if we put a fine for this violation we will have to do it by ordinance. ICay felt it was a problem and we need to do something. Discussion on us doing the repairs ourself. John stated one thing we could do is retain the option that if the cut is not repaired within 48 hours or some specific time frame the city will come in and do it and they will forfeit the deposit. Stephen said sometimes 48 hours is not a reasonable time, we might need to give longer especially if the weather is bad. Discussion on an ordinance regarding a fine or a criminal offense for cutting the roads without a permit. They felt it would be wise for the council to adopt an ordinance that says once the streets are repaired they cannot cut into them for a term of time of whatever we decide. We need to make sure we prctect our streets. Sohn said he would make changes for the next meeting. The Mayor told the couni:il we are going to be doing as much repair on our roads this year as s:e have funds for. RE: WIDENING OF SOUTH '.•'ELLOWSTONE HWY NEAR COTTON TREE INN TOPIC: (22,131,,,YELLOS4STONE HWY,7TH S.,STREETS,HWY 191)' John told the council we are going to widen South Yellowstone from the Cotton Tree Inn to 7th South. We are also looking at doing as much overlay as we can. We have two hot plants in Madison County now so we should be able to get agood price. Discussion on using the old asphalt at the shop. Jahn told the council we are looking at bringing in a crusher and crush that material to use as base material. Paul expressed that it did not look very good to have that stacked all over. John stated that there are a'.so problems with E.P.A. to have it there. RE: REPORT ON TRAFFIC SIGNALS AT 7TH SOUTH AND TRAFFIC SIGNAL ON MP_IN ST. TOPIC: (22,132,,,RP_ILR0AD,YELL0WSTONE HWY,7TH S.,TRAFFIC SIGNAL, MAIN ST.) There are some problems with the signal on 7th South and the South Highway. There is an agreement between therailroad and the highway department that states that they have someone comes in and analyzes every railroad crossing that has been changed and if there are warrants such as school bus crossings then they will recommend a full stop arm traffic signal. When we had the signal we had to bring them in to loo]c at it and received a letter saying we need to have a stop arm crossing at that intersection which is $150,000. John said we are wor]cing our way through it right now. In order to put the light in the highway department has to get some easements from the railroad. Sohn reported that the 1st West and Main signal is in design right now. The block one block south of it is scheduled for reconstruction and we don't want to put the signal loops in until we get it reconstructed. They plan to have it in :operation by school opening. RE: REPORT ON WATER TANI{ ON THE HILL TOPIC: (22, 13 Z,,,WATER DEPT.,WELL) He also reported regarding Well #5 by the big tank on the hill, as they observed it appeared to .have a lot of wobble in the head shaft. They pulled the head shaft out to check it and as they started to pull found out when they pulled the pump out that all the spider bearings were shot, the carrier bearings are gone and when they got the pump out it was totally shot. We are looking at $20,000 to $25,000. The pump is not repairable. RE: PROCLAMATION FOR MOTOR CYCLE AWARENESS MONTH TOPIC: (Z2, 132,,,PR0CLAMATI0NS,STREETS) The mayor read the proclamation proclaiming May as Motor Cycle Awareness month. A moticn was made by Kay Be clc and seconded by Nyle Fullmer to approve the proclamation. All Aye RE: PROCLAMATION FOR NATIONALDAY OF PRAYER TOPIC: (22,132,,,PR0CLADIATI0NS) The mayor then read a proclamation proclaiming the first Thursday of May as the National day of Prayer. A motion was made byFarrell Young to approve the proclamation. Seconded by Kay Beck. All Aye RE: LILJENQUIST RESIGNATION FROM PLANNING BOARD TOPIC: (22,132,,,PLANNING & ZONING). The mayor told the council he got a letter of resignation from Hrad Liljenquist from the Planning Board. He has asked Davawn Beattie to act as chairman and asked Re:ymond Hi11 to replace Davawn on the board. A motion was made by Glen Pond and seconded by Farrell Young approve these appointments. All Aye RE: SURPLUS EQUIPMENT P.PPROVED TO SELL TOPI Ca (22,132,,,FIRE DEPT.,POLICE DEPT.,SURPLUS) The mayor told the council he had a list of surplus equipment from the Fire nepartment that they want to sell at the Police auction. The mayor !i read the list. A motion was made by Glen Pond to approve the list for '~ surplus. Seconded by Nyle Fullmer. All Aye RE: CITY TAICES OVER OPERATION OF FLOOD MUSEUM TOPIC: (22, 132,,,HISTORICAL SOCIETY, FLOOD MUSEUM) The city has taken over the operation of the Flood Museum. We are in the process of procuring a person with volunteers to help to take over the museum, but until then he and Farrell had talked about it and decided to close it and open it by appointment until we get it up and running. ~, Dave Morris was at the meeting his concern was we talJced about closing the museum a couple of rcionths ago and now we are just deciding what to do. He was concerned that the Idaho Tourism and Historical Department will take the signs down. He was told it will still be open to anyone that wants to go in. A motion was made by Glen Pond and seconded by Paul Pugmire to pay the bills. All Aye RE: 401 I{ PLAN LOANS REQUEST FOR EMERGENCY LOAN PROVISION TOPIC: (22,133,,,EMPLOYEE,401 I{ PLAN) Nyle Fullmer told the council he had been approached by some employees regarding the new policy on employee~401I{ loans. They wondered in case of an emergency if it could be looked at on a one by one basis. Stephen told the council to read the policy and if it did not allow for that we could maybe put in a provision. Meeting adjourned. Mayo Bruce Sutherland '~ i %~ ~ ~ , A t r ~ e~«a1~cG,~e~/ City Clerk, Rose ley i~ ~