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HomeMy WebLinkAbout1999.06.16 CITY COUNCIL MINUTESDATE: (061699) CITY COUNCIL 6/16/99 7:30 P. M. State of Idaho) County of Madison) ss City of Rexburg) Present were: Mayor: Bruce Sutherland !~ Councilmembers: Farrell Young Glen Pond !. Nyle Fullmer -'~~-,.i__„ Marsha Bjornn Paul Pugmire City Clerk: Rose Bagley Finance Officer: Richard Horner Attorney: Stephen Zollinger P.F.C: John Millar Engineer: Joe Laird Assistant Engineer: Val Christensen Pledge to Flag. A motion was made by Farrell Young and seconded by Glen Pond to approve the minutes. All Aye RE: TEMPORARY PETTING ZOO IN PORTER PARIC TOPIC: (22,1a5,,,PARKS,LICENSES) The mayor told the council we have had a request from Habitat Pets to have a Petting Zoo in Porter Park for small animals on July 3. A motion was made by Glen Pond and seconded by Nyle Fullmer to approve the Petting Zoo for that day. All Aye Introduction of scout. RE: RESOLDTION FOR DESTRDCTION OF RECORDS TOPIC: (22,145,RE5,99.06,RECORDS) Resolution 99.6 a Resolution to authorize the destruction of records. These records have been kept for the legal retention period. A motion was made by Glen Pond and seconded by Nyle Fullmer to approve Resolution 99.6 to destroy the records listed. All Aye RE: FIREWORKS PERMIT ' TOPIC: (22,145,,, FIREWORKS PERMITS) Mayor Sutherland read a Fireworks Permit for J. IC. Marketing at 28 West Main Street. A motion was made by Nyle Fullmer and seconded by Farrell Young to approve the permit. All Aye RE: STOP SIGN ON 2ND EAST AND 1ST SOUTH TOPIC: (22,1a5,,,STOP SIGN,2ND EAST, IST S,SAFETY COMMITTEE) John the council we have had complaints about the stop sign we tools out on 2nd East and 1st South so he had a sign made up to caution traffic. He showed the sign reading "Warning Cross Traffic DoesNOt Stop". RE: WELL PUMP NEEDS REPAIR AT SMITH PARK TOPIC: (22,145,,,PARKS,WELL;WALTERS READY MIX) John also told the council we had the Well Pump go out at Smith Parlc. It went out at the very same time the power line went down by the new dentist office that is going up across from Adams School. One of Walters Ready Mix trucks pulled the line down. It single phased it and burned the motor out. We have ordered a new motor and they will have it installed tomorrow or Friday at the latest. The cost is about $3300. Nyle Fullmer asked if there was any recourse on the pump. Sohn told the council we have two recourses - one is to submit it to Walters for payment or go against the insurance. .-~~ RE: UPGRADING FCMART LIFT STATION TOPIC: (22,146,,,KMART,LIFT STATIONS) They have been upgrading the K Mart Lift Station which was part of the Teton project. The generator will go in when we receive it. RE: RECREATION COMMITTEE MEETING TOPIC: (22,146,,,RECREATION COMMITTEE) The mayor reported last night he attended the Recreation Overview ' Committee Meeting. They had a report from Needs and Perception Committee. They have run a survey with 116 individuals. They have refined that questionnaire and are working on redoing it. From there _, they are going public and request as much input as possible from everyone by publishing it in the paper and posting it in various places. They are working hard and putting a lot of work into it and it is coming right along. Marsha reported on a letter she had received from Mayor Nile Boyle. He had some questions. A motion was made by Nyle Fullmer and seconded by Glen Pond to approve the bills. All P_ye RE: DISCUSSION OF RICKS AVE. SIDEWALICS TOPIC: (22,146,,,RI CICS AVE.,L.I.D. 31,SIDEWALKS) Glen discussed a problem in putting a 5' sidewalk on Riclcs Avenue. With the landscaping requirement in the front yards it would not leave enough room for installing sidewalks. They don't have big enough front yards. The rental units would loose their parking. There are possibly other streets in the city in the same situation that were originally alleys. John said he had talked to Bi11 Coolc about putting the sidewalk next to the curb and he was okay with that. Glen asked if we are still going to require a 5' sidewalk on that narrow street, which would put the sidewalk so close to the front step? John said that is a council issue. Discussion on Term Limits. RE: REPORT ON SKATEBOARD PARK TOPIC: (22,146,,,SKATEBOARD PARK) Paul gave an update on the Skate Hoard Park. He told those attending the meeting this is going to be done with private donations and grants. No city funds are appropriated for this. RE: PUBLIC HEARING FOR L.I.D. 31 TOPIC: (22,146, ORD,SI9,L.I.D.31, SIDEWALICS, CURBS & GUTTERS,STREETS, RICKS AVE.,ANDERSON LUUMBER) Public Hearing for L.I.D. 31. Mayor Sutherland read the L.I.D. Ordinance. He then opened it for public comment. Tom Williams- 246 West 2nd North- He referred to Resolution 95.06 regarding the requirement for sidewalks. He stated this resolution is concerning this particular L .I.D. They felt their property is erroneously being included in the L.I.D. because their property has a 3' wide sidewalk. It has been there since before the ordinance was passed. It is not broken as stated by the city engineer. It only has one crack in it and there are no other sidewalks on the block. According to the Resolution if there is a sidewalk on the block, everyone has to match the sidewalk that is existing. They feel the charge in the L.I.D. is erroneous because they don't feel they need to have it. There is about an eight foot section between their driveway and the property next door that does not have a sidewalk, but there is only eight or nine feet that needs any sidewalk. John stated that the Ordinance as stated does require a 5' sidewalk across the entire frontage. He had met with Mr Williams at his house and they looked at it. It would be a council decision if they wanted to consider the 3' sidewalk as adequate. Glen asked the condition of the sidewalks. Val told the council the sidewalk condition was never a question. The 'J/ driveway where the sidewalk goes across the driveway is broken. The sidewalk was included because it was 3'. Sill Cook- 229 Ricks Ave - He gave handouts with map of Riclcs Avenue. It is a narrow street. When cars are par]ced near the intersection of Riclcs Avenue and 2nd East it is hard to see the traffic when you try to pull out to the West from Ricks Avenue on to 2nd East. A suggestion that the street be painted for no parking close to that intersection. Looking from the east end of the street up to the Lamprecht property: he had marked off the distance from the street to the porch of each one of the houses. The Lamprecht property is 25.04', Lords is 20.4', Trudy Freeman is 14.1' and so forth. The street is 27' wide. On his property at 157 Ricks Ave from the back fence to the gutter is 153'. They feel like if they have a 5' sidewalk going through that street it would cut down the distance so people would only have two or three steps to the property owners doors. He had planned a proposed cement pad by his driveway to park his pickup. With his driveway and with the sidewalk he would have 37% of his front yard in concrete and the ordinance states you can only have 30~ of concrete in your front yard. At the west end of the street there is a parking lot and asphalt that runs almost half the length of the street and that is where people usually walk. Mr Cook said he objected to putting in a sidewalk and his neighbors felt the same. Glen Pond recommended that the council let Planning & Zoning look at what realistically can be done and come back with a recommendation. (discussion) The mayor felt that would be a good idea and told Mr. Cook there would be no further action until they met with the Planning & Zoning. John Nichols - Anderson Lumber- He read a letter (on file) from their Corporate Office. He also suggested that a letter like this be sent by Certified Mail. They objected to donating land and paying the entire cost. They have not seen a design yet. The mayor told him we want to get it worked out and get it cleared up. They will come and talk co them and go over it. He discussed that their business was a little different because they have semi trucks coming in and out. Karen Hackman- 4a7 South 5th West- She is okay with the sidewalk. John Millar talked to her about the changes. She is concerned about her driveway situation. This will take out the street in front of her house. She is concerned about where she will access the highway from her driveway? She is concerned who is going to take care of that additional property in front because she doesn't own it and is not interested in mowing and watering it. She has all the property she wants to take care of. The mayor told her we understand and will try to come up with a solution. Karen said she did not want to be backing onto the street and did not want a 200 foot driveway. John Millar told her there were same available alternatives and we will work it out. Frank Jenkins- 256 West 4th South- His question is it due to the new apartments in town? Are we going to get taxed again for sidewalks and are we going to get double taxes? The mayor explained. You pay for only what is in front of your home. It will not affect your taxes and you are not on this L.I.D. Ray Pocock- Arbys at 478 North 2nd East- There are sidewalks on the north end. John told him it was part of their site plan approval. He asked why Western Land Holdings were not required to put in the sidewalk and they should be held liable if it slipped through the cracks. He is not against the sidewalk. John told him now that they ,,,..,.._.... have sold the land we can't go back on them. Mr Pocock said they don't own the parking lot on the North of the building. That is part of the complex. The mayor told him we will be sure the property line is correct. Ny1e Fullmer said Walmart was concerned about the property '"''-- line and the way it was being divided out. Stephen stated generally if they put the sidewalks in you would have had to pay more for the property. We can't go back on the original owner. At the time the development was put in we didn't require the sidewalk. Since then we have a resolution and ordinance giving us authority to put sidewalks in where we want and assess the cost to the property owners. He told him to get with the engineering department to check to make sure the assessment isfor his property. T t' Nathan Cordon- 252 South 5th West- He is a new homeowner. He has dug it out but has not poured the cement. He does not want to be added to the L.I.D. He will do it himself. He was told to just notify us when he gets it done but it needs to be done to our specifications. Bob Call- Calls Sinclair- His only concern is about the time frame. John told him they would put it out for bid as soon as possible. It will be done by the end of August. They are about done with the design. The mayor told him we are aware of his business and will make sure there is always an access to the business and we will get it done as soon as possible. Bob said he felt it would be worth the cost. Tom Williams showed pictures. Kathleen Parkinson - 276 Steiner- She asked if when the bids come in i£ she could shop around for lower bids. Val told her the city puts it out £or bid and goes with the lowest bid. She asked what about getting all of the sidewalks done on her block. The mayor explained that we require it to be done when the property changes hands. Stephen explained L.I.D.s. In the near future the council might decide to L.I.D. different areas of the city until sidewalks are in all areas of the city. Bob Call told the council they should be complemented with the looks o£ the city. This type of improvements complement our city. The mayor closed the hearing. Tom Williams questioned the resolution. Stephen told him the resolution had nothing to do with this L.I.D. and explained. He told Mr Williams to come to Planning & Zoning and talk to them about the width of his s idewallc . The mayor stated that he had some written letters of protest and it would go into the record. Mayor Sutherland read Ordinance 819 - LOCAL IMPROVEMENT DISTRICT NO. 31 - AN ORDINANCE ESTABLISHING THAT CERTAIN SIDEWALKS, CURBS, GUTTERS, STREETS, SANITARY SEWERS AND OTHER PUBLIC UTILITY WORKS WITHIN THE CORPORATE LIMITS OF SAID CITY SHALL BE REMOVED, RE-GRADED, PREPARED, CONSTRUCTED AND RE-CONSTRUCTED, AND OTHER WORK INCIDENTAL TO ALL OF THE FOREGOING IMPROVEMENTS IN THE DESIGNATED AREAS SHALL HE ACCOMPLISHED; CREATING LOCAL IMPROVEMENT DISTRICT NO. 31 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 PST ASSESSMENT AGAINST THE ABUTTING, ADJOINING AND ADJACENT LOTS AND LANDS ALONG OR UPON WHICH SUCH IMPROVEMENTS ARE TO HE MADE AND UPON LOTS PS1D LANDS BENEFITTED BY SUCH IMPROVEMENTS AND INCLUDED IN THE DISTRICT TO BE CREATED ACCORDING TO A FRONT FOOT METHOD ORIN PROPORTION TO THE BENEFITS DERIVED TO SUCH PROPERTY BY SAID IMPROVEMENTS, OR A COMBINATION THEREOF, SUBJECT TO ANY VARIATIONS THEREFROM TO BE DETERMINED BY THE COUNCIL, EXCEPT 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 CHPI2ACTER OF SAID IMPROVEMENTS AND THE ESTIDIZITED TOTAL COST THEREOF; AND PROVIDING FOR GIVING OF NOTICE THEREOF. 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 '. I be numbered 819. i Those voting aye: Marsha Bjornn Glen Pond Nyle Fullmer Paul Pugmire Those voting nay: Farrell Young Absent: Kay Beck Ordinance 819 was then placed before the council. The mayor then called for the voting for final passage of the ordinance, and the motion was l~/ made by Glen Pond and seconded by Nyle Fullmer that ordinance 819 be passed. Those voting aye: Marsha Hj ornn Glen Pond Nyle Fullmer Paul Pugmire Farrell Young Those voting nay: none Absent: Kay Beck LID 31 was approved. The mayor told the people they could still work with the engineers. Meeting Adjourned. Work meeting to work on the budget followed City Council. %i' ~,./ ~ ~~ Mayor, Bruce Sutherland ~ ~ /f` ;~ City Clerk, Rose fifjley