HomeMy WebLinkAbout2012.12.05 CITY COUNCIL MINUTES
1
December 05, 2012
Mayor Richard Woodland
Council Members: Christopher Mann Jordan Busby Donna Benfield Jerry Merrill Bruce Sutherland Sally Smith City Staff:
Stephen Zollinger – City Attorney Richard Horner – Finance Officer John Millar – Public Works Director Val Christensen – Community Development Director
Scott Johnson – Economic Development Director Blair Kay – City Clerk
6:00 P.M. Work Meeting
A. Policy discussion on Seasonal Businesses.
Council President Mann asked the City Clerk to review the application process.
City Clerk Blair Kay reviewed Ordinance 1029 and the definition for seasonal businesses. Seasonal
businesses are required to change locations every six months to maintain the seasonal status. Seasonal
businesses additionally follow health department regulations and fire code regulations. The International
Fire code requires certain standards and regulations on businesses that allow occupants to enter into their
structure; seasonal businesses are included. Seasonal businesses are required to pay a licensing fee of twenty
dollars every year. Most brick and mortar businesses also pay the same licensing fee.
Natalie Powell continued the discussion on the inspection process. She mentioned the review process
included a zoning review. The inspections process includes an electrical inspection of the structure (inside
and out) and each business is required to be inspected by the health department in order to operate. She
additionally explained the difference between the definitions of a temporary and a seasonal business.
Economic Development Director Scott Johnson reviewed the economic background for businesses in
Rexburg. He indicated the market is a free market system. Someone may come in with a bigger and better
product to compete with their product and service. He gave examples like J-Dogs in Provo have been
successful. Blister’s Barbeque in Rexburg has moved into a brick and mortar business. Recently $900,000 a
month is spent on fast food in Rexburg. People are looking for variety, etc. He counted 19 brick and mortar
businesses that sold ice cream, yogurt, frozen desserts, etc. Our market is based on competition. We are
open to letting new businesses experiment in the free market process to start a new business. His job is to
help all businesses succeed. There is a happy medium that can be reached for all businesses. Twizzle Berry’s
did go out of business in the free market competition process. He indicated the City loves the business
investment in the Community. Government needs to be careful to keep the playing field workable for
everyone.
Council Member Benfield believes in new business startups; however, she has done some research
concerning temporary businesses. Most of the temporary businesses are located in college towns. It is very
interesting; the county should have the buses licensed in Madison County; the buses should pay a personal
property tax; Pocatello is charging a personal property tax of $10,000 to mobile vendors. She wanted to
make it fair and equal for the vendors.
35 North 1st East Rexburg, ID 83440 Phone: 208.359.3020 x2313 Fax: 208.359.3022 blairk@rexburg.org www.rexburg.org
City Council Meeting
December 05, 2012
2
Council President Mann indicated he calls them parking lot businesses. He thought they serve a purpose
in Rexburg. What is the limit of seasonal business; do we have design standards for them; He did not want
to go to the extreme; however, he was recommending a limit on the number of portable businesses. He gave
the example from Madison County on property taxes being charged for two businesses on a car lot. There
are ways to level the playing field. A four month business selling hot dogs may only be a day’s profit at the
University Crossroads. He questioned the requirement to require a seasonal business to move every six
months. He is also concerned about signage and design. There needs to be some common sense in the
regulations.
Council Member Smith said the clientele for mobile businesses are different than that of brick and mortar
businesses. She supported the free enterprise system. New businesses need some where to test their
business. She wanted to be really really careful and keep the entrepreneurial spirit alive.
Council Member Busby supported the ideas; however, he wanted to have more discussion in a work
meeting. He wanted input from everyone to make it work for everyone. The input heard from the
presentations, correspondence and the attendees in the meeting tonight has been very informative. He
reiterated the topic should continue to receive input and continue to be discussed.
Economic Development Director Scott Johnson said the county should be involved if taxes are the
issue. The city is not a taxing entity.
Mr. Ryan Ballard asked ‘What changed since Ordinance No. 1029 was approved.’ His wife said she
appreciates having the opportunity to be an entrepreneur. She is a teacher and she employs her students.
She cares about her business and she thinks competition is good.
Council President Mann said a new City Council may have questions with existing policy. In addition new
City Council members may not agree with existing policy.
Jorge Pelayo owns a bus on 4th South and he said when he initially came to Rexburg, the license was for a
year; now the six month requirement is hurting his business. He explained these regulations are making him
sell his house and take his children out of school. The regulations are pushing them out. He explained that a
complaint changed city policy and laws and now another one is doing the same. Mr. Pelayo explained this is
not fair to him.
Robert Coray at 31 North 4000 West said the issue is taxes; he pays $10,000 in taxes for his restaurant
rental property for his brick and mortar business. He did not want the city to be a constant carnival with
mobile businesses.
Council Member Busby said he wanted to plan for a work meeting to have continued discussion.
Council Member Smith agreed; more dialog is needed.
Council Member Benfield said more dialog is needed to avoid a snap decision.
Additional Public Input:
Dear Mayor and City Council:
I have read Dr. Coray’s letter to you from the November 7, 2012, council meeting. I
share many of his concerns and have expressed this in the past. Please see my letter to
Winston Beard and Donna Benfield dated July 13, 2011.
From: Randall Porter
Sent: Wednesday, July 13, 2011 6:17 PM
To: Winston Dyer
Cc: Donna Benfield
3
Dear Winston: I read your recent letter to the City re. temporary businesses and whole
heartedly agree with your point. Had I known this issue was on the agenda, I would have
argued for even stronger measures.
I can hardly believe what I see as I drive around Rexburg. It is reminiscent of the food trailers at the Blackfoot Fair. They're fun at carnivals but they don't fit the image we want to portray as a serious city with design standards.
I can't understand how these get licensed from the Health Department. Where are the hot
running water, restroom facility, food inspections and other requirements etc. that Jamba Juice and other brick and mortar food places are lawfully required to comply with???
Rexburg must have a dozen plus of these "temporary" businesses that have trickled into
the commercial zones. Had they all arrived on the same day, we would be shocked. What's
to stop a hundred more from trickling in? Food establishments without restroom facilities on site are not permitted in Nevada and
perhaps other states also. I'm certain many communities ban these outright except for one or
two day events ie. a little league baseball tournament, a farmer’s market etc.
Please keep the pressure on the City. Randall Porter”
Continuing; the broader point I want to make is this: If we can justify these trailers
selling food, then we should also allow any and all other enterprises to bring trailers to
Rexburg (in seasons most convenient to them) to compete in non-food businesses as well. Sincerely,
Randall Porter ===============================================================
Fire Department Input:
26 North Center Street, Rexburg, Idaho 83440 * 209-359-3010
December 3, 2012 Mayor Richard Woodland
Rexburg City Council
35 North 1st East
Rexburg, ID 83440
Mayor Woodland,
In consideration of the City Council’s work meeting concerning temporary venders, Madison Fire Department appreciates the opportunity to express our concerns. Temporary food venders often create their places of business from structures/vehicles not originally intended
for the assembly of people or the preparation/consumption of food. Venders that sell their
food through a window to the patrons outside are not as large of a concern as the venders
that require their patrons to enter into the structure or vehicle.
4
Firstly, occupant egress is the primary concern with venders that allow patrons to enter their
structures/vehicles. The 2009 International Fire Code (IFC) specifically addresses the
requirements for occupant egress in Chapter 10:
• Specifically, headroom must be at a minimum of 80” (1008.1.1),
• The size of door must be at a minimum of 32” wide (1008.1.2)
• The door must be hinged as a swing type of door (1008.1.2)
Requirements for occupant egress applies to permanent or temporary structures with an occupancy of 49 occupants or less and by no means covers all requirements.
Secondly, preparing food that produces grease laden vapors requires a Type 1 hood (609.3).
A Type 1 hood is designed to remove and filter the grease laden vapors safely from the
premises while providing an automatic fire-extinguishing system. A Type 1 hood is engineered, based upon the appliance(s) it protects, to provide the necessary fire protection to minimize damage to the structure and allow occupant egress. Temporary venders should
also provide the appropriate size and type of fire extinguishers for the type of food
preparation taking place including class K extinguishers for grease fires (906.3).
The intent of Madison Fire Department is to provide a reasonable level of safety for the patrons and owner/operators of all businesses, both permanent and temporary.
Please feel free to contact me with further questions and concerns.
Kind regards, Dale Pickering
Fire Inspector, Madison Fire Department
=====================================================
Council Member Merrill gave input:
Dear Ms. Despain,
I do believe the mobile businesses around Rexburg should be subject to the same standards as brick and mortar businesses as far as can be reasonably expected. For example, cleanliness and safety standards to protect the public from food-borne diseases and accidents
on their premises are reasonable expectations in my opinion. There have been opinions
expressed that the transient businesses are "junky-looking" and "not what we want Rexburg
to look like." It is also my opinion that, just like the permanent businesses, these business Owners/Managers should be required to keep their place of operation neat, clean and safe and possibly provide some "green space" to make the city more attractive. This could be
accomplished by adding some planters with flowers or other ornamental plants to their space
to tie in with the flower program that the City of Rexburg operates. Permanent businesses or
their Landlords are required to have landscaping on their properties to help beautify the city and the planters could be done without a major cost burden on the transient businesses.
I do not believe that these businesses should be banned from the city. Some of them have
existed in the city longer than many of the permanent businesses and I am a definite "free
enterprise guy" so I think if a person can "build a better mousetrap", he or she should be free to do so but they should be subject to the same regulations as reasonably possible to make the competition as fair as possible.
These proposals should not be so burdensome as to cause problems for the mobile businesses but I believe will help ensure the public safety, promote the image that we want and even out the requirements between the two types of businesses. Hopefully the Owners of these businesses will look at these as positive things to help the business climate in general in the
City of Rexburg.
Sincerely, Jerry Merrill/Rexburg City Council
Subject: City Council
Date: Wed, 28 Nov 2012 18:15:48 +0000
5
Mr. Merrill,
My name is Ainsley Despain, I am a News reporter for the BYU-Idaho school paper, The Scroll. I noticed on the City Council minutes from November 7th that Robert Coray expressed a concern regarding mobile business in Rexburg. You suggested that those companies have the same inspections as permanent businesses.
How do you feel this will affect these smaller businesses?
How do you predict those owners would react to this change? Thank you for your time,
Ainsley Despain
919.457.8724 ==========================================================
7:00 P.M. City Hall – Pledge to the Flag
Council President Mann welcomed everyone to the meeting.
Roll Call of Council Members:
Attending: Council President Mann, Council Member Benfield, Council Member Smith, and
Council Member Busby.
Mayor Woodland, Council Member Sutherland and Council Member Merrill asked to be excused.
Council Member Benfield led the Pledge to the Flag.
Boy Scouts were welcomed to the meeting. They were invited to explain which merit badge they are
working to achieve.
Public Comment on non-controversial issues: not scheduled on the agenda (limit 3 minutes) None
Presentations: None
Committee Liaison Assignments for 2012:
A. Council Member Christopher Mann: Golf Board · Emergency Services Board · MYAB
Council President Mann reported the Golf Board did not meet. The Emergency Services
Board met last week and was reported in the last City Council meeting. MYAB is working on Shop with a Cop. This year’s money will be spent this next year. Monday, December 17th will
have Santa at the Carousel from 7:00 p.m. to 9:00 p.m.; It will be a fun event for the children.
B. Council Member Jordan Busby: GIS Oversight · Airport Board
Council Member Busby reported the Airport Board met today; Mr. Taylor expressed appreciation for the joint city county meeting. GIS has not met and will meet next Tuesday
December 11th.
C. Council Member Donna Benfield: Trails of Madison County · IBC · Teton Flood Museum Committee · M.E.P.I.
Council Member Benfield reported Trails of Madison County did not meet. MEPI met last
Thursday and reviewed the winners of the business competition. The Rexburg business competition is a model program for the state. The state would like to replicate the program
throughout the state.
D. Council Member Sally Smith: Legacy Flight Museum · Rexburg Arts Council (Romance Theatre & Tabernacle Civic Center, Orchestra)
Council Member Smith reported the Arts Council will meet next week.
6
E. Council Member Jerry Merrill: Beautification Committee · Parks & Recreation · Traffic & Safety ·
Urban Renewal Agency
Council Member Merrill was excused.
F. Council Member Bruce Sutherland: Planning & Zoning · School Board · Police
Council Member Sutherland was excused.
Mayor’s Report: Mayor Woodland was excused.
Council President Mann reviewed the work meeting on seasonal businesses.
Public Hearings: – NONE
Items for Consideration:
A. Neibaur Properties on Block 34 discussion: Mitch Neibaur
Mitch Neibaur said he represented businesses on Block 34. He thanked the city staff and elected
officials for their service for the city. They passed out some items from the local florist.
He reviewed the history on meetings to improve the alley on Block 34. It turned out better than they
could have dreamed. Public Works Director Millar was thanked for adding value to the parking lot
and alley project. He read a letter of appreciation from the businesses on Block 34.
November 16, 2012
It is really great to look out our office/business doors and appreciate the wonderful parking lot that
we have been able to complete. It has added so much interest and value in our neighborhood and
the downtown community. The additional focus and attention from the Farmer's Market has really
been well accepted and will prove to be an exciting “community gathering place” and an additional
economic benefit to all.
What an incredible cooperative project this has turned out to be; we know and recognize that there
was a lot of "give and take" to accomplish this. It was really encouraging and so very much
appreciated as we saw all the many respective interests and entities come together to promote a
one-common-cause, our downtown, our city. We do know and understand that there are many great
needs and interests and limited time and resources to service them. Please know that we greatly value what you have given to us and will take this opportunity to encourage the continued growth and development of our downtown Rexburg.
One of the main focal points of the project was securing a grant from the State of Idaho, Department
of Economic Development via job creation. As businessmen and women we are determined and
committed to seeking and promoting the creation of new jobs. Yes, the creation of new jobs is a
mandate in receipt of the grant; more importantly, it is a recognized need and mandate of all our
associated business neighbors and partners to participate in job creation, as a stimulus to the
growth, development and support of our city, community and economy.
We thank each of you once again for all that you have done and continue to do.
Sincerely,
Donna Benfield Mitch Neibaur, Manager Executive Director Rexburg Development
========================================================== The letter reviewed the grant to help with the project. One requirement needed for the grant money
required the project to create fourteen new jobs; fifteen and a half jobs have been created. Contributors to the grant application were the city, county, sheriff’s department, local businesses,
Urban Renewal, State of Idaho, etc. The all came together to allow the project to be built.
Council Member Benfield thanked Mitch for his efforts to keep the project going.
7
Council President Mann said the parking lot has improved this part of the city and it has created
more traffic in this area.
Mr. Neibaur said there are other parking lots needing improvement too.
Staff Reports:
Public Works: – John Millar
He reviewed the changes to this area in the last eight or ten years.
Same report and list as last week.
1. Moving canal on West Main Street to allow a sidewalk along West Main Street.
2. New street lights on 2nd East and other locations.
3. Pedestrian vehicle accidents were reviewed.
4. Nine pedestrian lights will be added around the University by the University.
5. Burton School crossing pedestrian light will be added.
6. Trejo crossing pedestrian light will be added.
7. Wastewater plant upgrade is continuing.
8. Pinnacle building on South 1st East is under construction for apartments.
9. Water line failures on Main Street were reviewed.
10. Firewood from trees being removed is being given to requestors.
11. Kartchner’s 5th West project needs caution signage for large trucks entering onto 5th West.
12. The Airport snow plow needs some alterations; the county will participate.
13. The Rexburg Municipal Golf Course canal is being moved 22 feet north to allow for a sidewalk on
West Main Street. The sidewalk will be a joint effort.
14. $30,000 generator is needed to allow standby power as needed for the lift stations at the waste
water treatment plant.
Finance Department – Richard Horner
Deputy Finance Officer Matt Nielsen reported LID participants have until February to be on the LID.
Calendared Bills and Tabled Items:
A. “LAND USE ACTION” – BILLS RECOMMENDED/APPROVED IN A LAND USE
PUBLIC HEARING PROCEDURE: – NONE
B. BILL Introduction: – NONE
C. First Reading: Those items which are being introduced for first reading: – NONE
D. Second Reading: Those items which have been first read:
1. Bill 1095 – Amend Ordinance 1026 to include Infill and Sign Heights.
Council Member Smith moved to second read Bill 1095 to amend Ordinance 1026 to include
Infill and Sign Heights; Council Member Busby seconded the motion; Council President Mann
asked for a vote:
Those voting aye Those voting nay
Council Member Busby Council President Mann
Council Member Benfield
Council Member Smith
The motion carried.
2. Bill 1096 – Amend the International Fire Code Ordinance 1063.
Council Member Benfield moved to second read Bill 1096 to amend the International Fire
Code Ordinance 1063; Council Member Smith seconded the motion; Council President Mann asked
for a vote:
8
Those voting aye Those voting nay
Council President Mann None
Council Member Benfield
Council Member Smith
Council Member Busby
The motion carried.
E. Third Reading: Those items which have been second read: – NONE
Consent Calendar: The consent calendar includes items which require formal City Council action,
however they are typically routine or not of great controversy. Individual Council members may ask
that any specific item be removed from the consent calendar for discussion in greater detail.
Explanatory information is included in the City Council’s agenda packet regarding these items.
A. Minutes from November 28, 2012 meeting
B. Approve the City of Rexburg Bills
Council Member Smith moved to approve the Consent Calendar and pay the bills; Council
Member Benfield seconded the motion; Council President Mann asked for a vote:
Those voting aye Those voting nay
Council President Mann None
Council Member Benfield
Council Member Smith
Council Member Busby
The motion carried.
Adjourned at 7:29 P.M.
_____________________________
Council President Mann
Attest:
________________________________
Blair D. Kay, City Clerk