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HomeMy WebLinkAbout1999.05.19 CITY COUNCIL MINUTES1.~~ DATE: (051999) City Council 5/19/99 7:00 A.M. State of Idaho) County of Madison(ss City of Rexburg) Present were: Mayor; Councilmembers: City Cler]r. Finance Officer: Attorney: P.F.C.: Pledge to the flag. Bruce Sutherland Kay Bec)c Glen Pond Paul Pugmire Farrell Young Marsha Bjornn Nyle Fullmer Rose Bagley Richard Horner Stephen Zollinger John Millar A motion was made by Farrell Young and seconded by Marsha Bjornn to approve the minutes. A11 Aye RE: OUTDOOR DANCES .HELD IN NORTH HIGHWAY AREA TOPIC: (22,134,,,NORTH HIGHWAY, DANCES,PUBLIC GATHERING) Nate Lauch was at the meeting to request approval of an outdoor dance. They are requesting to be able to hold the dance until 12:00 Midnight instead of 10:00 P. M. They want to have a block party in the parking lot at Little Caesars and Beehive Boolc. They have it approved with Little Caesars and Beehive Boolc. They have some local bands that are going to play and it will support the local businesses. He had gone around and got a petition signed by the closest neighbors within 1 1/2 blocks saying it was okay for the time extension. There will be no charge, it is sponsored by local businesses. Marsha questioned where would the people park? He said there would be parking at Electrical Wholesale and at Chevron. Discussion on parking and it was suggested that he contact E.C.I.P.D.A. and Jeff Webb owner of the property by McDOnalds about parking. Nate said they would have security. The dance would be held on May 2B. A motion was made by Nyle Fullmer and seconded by Glen Pond to approve a variance to allow the dance to last until 12:00 midnight. All Aye RE: TETON PIPELINE WATER RIGHTS TOPIC: (22,134,,,TETON PIPELINE,WATER RIGHTS) Teton Pipe Lines- Jaclc Hoopes and Glen Nelson represented the group of farmers. The farmers in the Teton Pipe Lines are Glen Nelson, Jack Hoopes, Brent and Roger Hoopes, Demar Bott, Marlc Riclcs, and Chuclc and Linda Porter. Mr Nelson handed out a statement from the group (on file). Their ground was developed in 1975 and 1976 and had planned on getting water rights out of the Teton Dam. They had their systems and had invested a lot of money in the system with 15 miles of main line. The dam failed one month after they had put in their systems so they were left without water rights. They spent a couple of years pursuing water rights. In 1976 they did rent water from the City of Rexburg. They have paid now for 20 years to rent this water. and have already paid $3500 for this year. The water is very important to them and what they would like to do is either purchase the water or have a long term contract for the water. By leasing the water they have kept the water and also made it so the City could keep their water rights. Glen asked Stephen how long of an agreement we can make? Stephen told the council there are two factors you need to consider. (1)~Can you obligate future councils? Probably the answer to that in this type of situation would be yes. (2) Are the people involved in the water adjudication going to long term obligate it and maintain our position as the holder. As of last year the answer was no. As of right now the water including this is completely protected. There is some discussion at Ron Carlson's office as to whether we do or do not have our water decrees preserved. If we are in the middle of that from the city's perspective what we would like to see happen is a resolution out of the water people's office before we make any changes that might give them any leverage to step back and revisit any of these issues. A year ago the council was prepared to enter into a long term agreement and we aren't opposed to that to the best of his ]cnowledge but now it is a wait and see. It has been two years, we have had all of our decrees down their for review and they have been going through them systematically. The good news, the most recent case in Idaho is that as a city we don't have to be putting it all to beneficial use if we can show future options, if we can show that we are holding it for expansion. His recommendation to the council is don't foreclose any options that might come up in the near future with Teton Pipeline but he did not recommend that we enter into any agreements other than are approved by the water district right now on a short term basis. When we presented this to the people at the water office they indicated that the minute we gave up our position as the ultimate user of the water in the projected future we lost the option of holding it for future expansion. Ray Rigby has been helping us with the water rights. Ron Carlson has expressed some concern. They took it to the State Department that approves the water rights and they took the same position that any extended lease or any sale the decree would probably not be preserved in the adjudication process so at that point that is when we stepped back and said lets let it settle before we do anything that might jeopardize the status of the 1883 decree. Stephen said he would meet with them and Ron Carlson. The council would like to get this resolved also. Glen stated that they had spent about 6 months with Stephen and Ray trying to get it worked out. The council has based it on Ray's recommendation. The mayor reported he was over to Boise last month and he visited with Ray and Dell about it and they are nervous about the new judge and the adjudication procedures. He discussed it with the council. RE: EXCAVATION PERMIT TOPIC: (22,135,,,EXCAVATION PERMIT,STREET DEPT.,STREETS) John Millar reported on the Excavation Permit - He had made some changes in permit as recommended by the council. The one thing that has not been resolved yet it to make this a misdemeanor which needs to be coordinated with Stephen. He had increased some of the requirements on the minimum street repair. One item that needs to be reviewedby the council is "On roads that are major arterials, urban, rural collector roads, do we want to go as far as requiring what is called flowable fill back fill on heavily traveled areas?" That gives a better patch but does raise the price significantly but that is what the highway department has gone to. They have had Walters bring in a mixture of sand and cement. They pour it in and it sets up in 24 hours and basically gives it 400 to 500 P.S.I. strength. Bruce felt we need to do this. Sohn felt like we need to require it on major streets. The other thing he is looking is putting together a 3 or 4 page pac)cet with specifications they need to meet and highlight the areas they need to pay attention to. We need a real effort to patch these streets. They need to know what they have to do before they cut the street. A motion was made by Glen Pond to approve this Excavation Permit based on those conditions of change. Seconded by ICay Beclc. All Aye RE: RESOLUTION 99.5 CONCERNING WATER RATES TOPIC: (22,135,,,RESOLUTIONS,WATER RATES) Public Hearing regarding RESOLUTION 99.5 A resolution of the City of Rexburg, Idaho, adopting a new rate schedule for water and sanitary sewer (hereafter called sewer) hook-up fees. Richard presented the resolution and explained it. He had John and Stephen looked at it and they approved it. There is one issue that may have changed which is regarding people who already had a hookup but who greatly increase their use. "WHEREAS, the i~~ City Council desires to collect from any water or sewer user, who substantially increases their usage of the water or sewer systems, an equitable increased capacity usage fee that reflects the prorated value of investments in plant and equipment." "In the event that any user, other than homes, that paid a hook-up fee before May 19, 1999, and whose most recent winter average volume calculation is over 100,000 gallons per month, users more than twenty percent (20%) over the higher of their two previous winter average volume calculations for a time period of more than 30 days, that user shall be required to purchase the additional volume capacity (over their two previous winters average volume calculation of the previous winter) using the prevailing rate." (discussion) Close Hearing The mayor turned it over to the council. A motion was made by Glen Pond and seconded by Nyle Fullmer to approve Resolution 99.5 with the _ amended language. All Aye RE: READING OF ORDINANCE 816 CONCERNING DOGS IN THE PARKS TOPIC: (22,136,,,ORDINANCE,PARK,DOGS) 2nd Reading of Ordinance 816. John Millar showed the council a sample of the Mutt Mitts to clean up after dogs in the park. The dispenser will cost $57 and each mitt will cost about 3 cents. RE: TRANSFER OF BURGER KING/QUICK STOP BEER LICENSE TOPIC: (22,136,,,BEER LICENSE,SOUTH HIGHWAY) Mayor Sutherland read an application to transfer the Beer License of Hurger King/Quick Stop to the new owners BDSG G & G OF EASTERN IDAHO, LC, applicant David M. Williams. This will have to be contingent of receipt of a license from the state and county. A motion was made by Kay Beck and seconded by Nyle Fullmer to approve the transfer of the Beer Licence. All Aye RE: DELL RAY BARNEY GRANDFATHER CLAUSE TOPIC: (22,136,,,BARNEY*D.J.,GRANDFATHER CLAUSE, IST NORTH) Dell Ray Barney issue- He has purchased the Covington property. It has some old buildings on the property and he wants to tear them down but he does not want to loose the Grandfather Clause. The way the ordinance reads once we tear the buildings down, we have one year to start the construction on the buildings or loose the Grandfather Clause. They want to clean up the property and tear the buildings down and be able to rebuild the buildings when he can afford to build a new structure which will not be in a years time. He is talking about the three smaller buildings. He is Grandfathered for everything that Jaclc Covington had there and they might want to put an office in. He would like to do it within the next 20 years. Stephen told the council in order to maintain the Grandfather Clause he would have to rebuild the buildings within one year unless he has an agreement with the city for a longer time. In exchange for them removing the unsightly buildings for the city to give them a waver of that year for some time specific that would allow them to go back in and rebuild. It would be a contractual agreement between the city and Mr Harney allowing them to remove unsightly buildings now without requiring them to replace them immediately or within that one year ,'..I.._ period. Tracking that would be difficult. Kay did notfeel we should '~~,t leave it open ended. Paul Pugmire told the council this was discussed in some detail by the Planning & Zoning. The original request was to wave the Grandfather Clause with no time certainty but he agreed that we should not leave it open ended. He would suggest that we do it with a 5 year renewal period. What we would be doing is going against our own Zoning Ordinance. - Mr Barney stated he had nothing against that but would want to be assured he could come back in 5 years and get it renewed. ~ .~ i Stephen stated that another concern is one of the regulations of Planning & Zoning is to allow those around the immediate property to have a reasonable understanding of what to expect if property is purchased and built on in that particular zone. Once these structures are removed you have taken away the patent as an obvious indicator tliat- they are in an area that has this much manufacturing going on next door to them. If 10 years from now he puts up a manufacturing structure and neighbors in the mean time have encroached around him or built up around him in such a residential fashion that it comes as a complete surprise then we will have gone against our own Zoning Code and set up a situation where you will have a lot of residents that have a legitimate complaint. It would set an interesting precedent and the longer you let it get away from the source the less likely the neighbors will be aware of why the structure was allowed to go back up. Mr Barney said there are three buildings he wants to tear down. Two are l2' x 16' and one is 12' x 22' which is a two story building. The mayor stated we need to table the conclusion until after the scheduled Public Hearing. RE: DEAN BIRCH ZONE CHANGE PUBLIC HEARING ON 2ND WEST TOPIC: (22,137,,,BIRCH*DEAN, PUBLIC HEARING,2ND WEST) Public Hearing of zone change for Dean Birch. A Public Hearing regarding the proposed rezoning to provide as follows: That the owners of the following described property is requesting that it be rezoned to H.D.R. (High Density Residential) to allow for multi housing to be built. The property is currently zoned H.B.D. (Highway Business District). The property is located on the corner of 3rd South and 2nd West. John Millar explained the piece of property is just south of the Motel on 2nd West. There~is a piece of property that is zoned H.H.D. The remainder of that block except for the Sandwich Shop by the College Heating Plant and Ericlcson's Car Lot is zoned H.D.R. The request is to take this piece of property and zone it H.D.R. and that has been approved by Planning & Zoning. At the last hearing we had no one comment and it was recommended for a zone change. Dean Birch- He is in the process of purchasing all of this property and he has statements signed by the present property owners that it is okay to rezone the property. He is just waiting to sell part of Birch Plaza to purchase the property however everything is signed. This will probably happen in the next couple of weeks. He feels the property needs to be cleaned up. There is still one house that Squires own. It would be nice if they sold that so that entire area could be put into housing. Squires are already in H.D.R. He said George Benson has drawn a small plat plan. Randy Landon- He owns Carousel and is part owner in the parking lot adjacent to that. As apartment owners their concern is the parking and if he has allowed for enough parking. He wanted to make sure Planning & Zoning has approved the plan and if he has enough parking? Glen Pond told him to rest assured that what ever parking is called for in the Zoning Ordinance that is how many that will be required. This is just for a zone change. Gary Ricks- 1490 South 5000 West- He owns Royal Crest Apartments right by where Dean is going to build. There is a problem with some of his -~ apartments right across from his parking lot. There is not enough i parking and the )rids are always over parking in Gary's parkinglot. So there is a issue there. It will be nice to clean up that property but ,. they want to make sure there is enough parlaing. The mayor told him that the Planning and Zoning have been very stringent on the parking regulation. When Mr Birch designs the complex he needs to know he will have to meet the parking requirements. Close the hearing A motion was made by Nyle Fullmer and seconded by Kay Beck that the council takes the Planning & Zoning recommendation and change the zoning on the proposed property from H.B.D. to H.D.R. All Aye j,~ G RE: DELL RAY BARNEY GRANDFATHER CLAUSE ON 1ST NORTH TOPIC: (22,138,,,BARNEY*D.J.,, GRANDFATHER CLAUSE,IST NORTH) Mr Barney- Some neighbors have called and said they would be glad to get rid of the old buildings but he does not want to lose their grandfather right. They are trying to clean the property up and it will be hard to clean the property up and leave those buildings there. (discussion) A motion was made by Paul Pugmire to direct the city attorney to enter „__...... into a contract with Mr Barney for a five year period which would be up for renewal at that time and would take council approval in 5 year increments. (discussion) Stephen stated that we are talking about 1080 j square feet so the new structure would the size of a large garage. His -- usage is preserved as long as he ]seeps his barn there. (Discussion) Paul withdrew his motion. A motion was made by Farrell Young that we give him a 10 year closed end contract agreement that. he has to rebuild the buildings or loose the Grandfather right. Seconded by Nyle Fullmer Those voting Aye: Marsha Bjornn, Nyle Fullmer, Farrell Young, Paul Pugmire. Those voting Nay: Glen Pond and ICay Beclc. Motion Carried RE: EVERGREEN SUHDIVZSION AND 1420 WEST ENTRANCE TOPIC: (22,138,,,EVERGREEN SUBDIVISION,1400 WEST) Evergreen Subdivision- John Millar presented the Final Plat for the Evergreen Subdivision. He explained at sometime in the near future the road at 1420 West will be a signalized intersection so if we have to have another access it would be better to have it come on 1420 West rather than having another access onto the higher volume highway. (discussion) The plat was presented to Planning & Zoning and there was a significant amount of discussion. There was a petition submitted. The primary objection to the plat as it was filed is that the connector on Lodgepole did notconnect onto 1420 West back to the subdivision east. The residents of Parlc Street were very concerned about the amount of traffic that would come through their subdivision. To mediate that the Planning & Zoning requested that an additional access be made onto 1420 West with the extension of Lodgepole and that seemed to placate the residents. With that condition the plat was approved by Planning & Zoning. One other issue that is before us is the Airport R.P.Z. or the~Runway Protection Zone. He showed a plan of it. He talked with Bill Watson who is the head individual far F.F.A. in this region and he recommended that the City/County Airport Board acquire in fee all properties within that. The north part of it is the Golf Course which we already own, the part to the west is part of the Widdison Addition and the Green property which the airport plan shows as a future acquisition and it effects 5 lots of this subdivision. The F.F.A, would be willing to reimburse the city/county for those acquisition costs when funds are available. It is a priority for the clear zone so they will try to move it through quickly but was unable to commit to a time. The developer has indicated willingness to sell those lots. That area would be developed as a park and the developer has indicated that he would work with the city on getting that developed. (discussion) The council asked Richard if the Airport Board had any money to purchase the land? --°-- The answer was they have about $40,000. Discussion on the cost. John I told the council the city could buy development rights on those slivers of land instead of the city buying those lots and then they could be i sold with the property but could not be built on. `.__ I The mayor asked if there was anyone with new testimony that was not given at Planning & Zoning. The council have read the minutes from Planning & Zoning. Laura Walker 617 Taurus- She asked about the property and the airport clear zone and right-a-way rights? She was told it is a Free Flight Zone. She discussed the traffic problem in the Starlite P_ddition. She asked for justification why that would be allowed to increase that /~ traffic? Discussion on width of streets in the city. The mayor stated that we can't preclude a developer from developing land. He .felt it was wise for the Planning & Zoning to require another access. John suggested that Starlite Addition has two exits out of it and now any traffic heading west instead of going through the subdivision to 5th West and back out on Main Street will likely go through this development so it will tend to take some of the traffic off of those roads. The mayor explained when subdivisions are designed and developed they -,---. think that will be a good quiet area but as land develops around it '. there is going to be more traffic as it develops. That is part of living in the city and the curves in an addition ]seeps the speed down. , Grant Benson- Park Street- Park Street is the best street in the subdivision to speed because it is straight and Starlite streets curve. He suggested that when the property to the south is developed there could be a supper road put in going East and West. He didn't )snow who would fund it. He would like to see the city look into it. Brenda Denney - 599 Gemini- She didn't see why the road can't go onto Main Street. She as7ced why use city funds to bail out the subdivider by the City or F.F.A. having to purchase the lots so he won't develop on them? The mayor explained he can develop on it if he chooses but he can also not develop on those lots. If he builds on those lots then the F.F.A. will be required to purchase the homes. Nyle Fullmer explained that the F.F.A. wants to maintain a clear zone so no structures are added to that which would increase the cost. We can't restrict the developer from developing the land. He has the right to do with his property as he chooses to do as long as it falls with in the Zoning. Irene Christensen- 535 Taurus- She had some questions about the Jogging Path? Stephen explained and showed it on the map. They will put in a to foot sidewa llc similar to 5th West. she was also concerned about the houses ~ because of the crop dusters. Can we kee the '.~ load over the field? Stephen said they aan't lpeaall from dropping their "' substance over this propert g Y discharge any field and they have exercised atgreatbdealcofvlatitudeoinausinn open empty field as an area they could fl g the neighbors. He said as these houses areobuiltlthe planesncangbeaforced to adjust their flight pattern back to the approved flight path which does not go directly over this field. Shane Goodman- 65 Aries Drive- They appreciate the extension of Lodgepole. He had a question regarding construction. He wondered if the road going onto 1x20 will be finished so they won't have to have construction going through Starlite? Stephen told them as the construction plan is now it will start on the west end of Engleman. The Engleman, Ponderosa, and Tamarack loop will be constructed initially. The street construction will be almost completed before they punch into Starlite. The city will have to regulate cement trucks and dump trucks going through, but he did not think it was the best choice to go through Starlite. Question on the green area. Stephen explained. Doug Conway- Questioned if the city was planning on putting in Pinion? Paul Pugmire told him the city would consider doing it with an L. This would be addressed with a subsequent action. Kay Beclc explained 1 the ro ert o ': P P y wners would be the ones that would have to pay for it. The city would just make funds available with an L.I.D. Discussion. Nyle Fullmer told the group that a situation like this brings things to light that the council is not aware of. He stated that everyone needs to obey basic speed rules for safety which is, "If cars are going too fast and to control your car then you are going too fast". I-Ie suggested that the neighborhood work together to address safety. If you have had accidents in the past, then you are going too fast. The council would -, /.f encourage the residents to shovel the snow off their kids can walJc on the sidewalk and help one another. Sidewalks so the The mayor told everyone the council appreciates He felt the Subdivision will be a nice everyone's concern. addition. A motion was made by Nyle Fullmer and seconded b E'vergreentg•the planning & Zoning recommendat' Y Paul anal p pugmire to lat. All Aye ion and approve the Amotion was made by Nyle Fullmer and seconded b bills. All Aye y ICay Beclc to pay the RE; CONTRIBUTION TOWARD SICATEBOARD pp~glC TOPIC: (22,140,,,SICATEBOARD PARK, NATURE PARK Paul Pugmire told the council he had received a donat' Store for $5000 for the Skate park. He will wr' them. ion from Cal Ranch ite a letter thanking Meeting Adjourned. ~, ~ ~~ I~ f- , ~~/ LG;. City Clerk, Rose~Bagley Ma~ ~~ Y r, Bruce Sutherland ~-