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HomeMy WebLinkAboutFINDINGS OF FACT - NewCom Wireless Inc. - Approx 1145 S 2nd E - CUP for new cell towerFINDINGS OF FACT FOR CONDITIONAL USE PERMIT FOR NEWCOM WIRELESS, LLC 1. On June 19, 2000, Rex Portman applied and paid for a Public Hearing for a Conditional Use Permit with the City Clerk which Public Hearing is scheduled for July 12 before the City of Rexburg Planning & Zoning Commission and July 17 before the Rexburg City Council. 2. The City Clerk published the Notice of Public Hearing in the local newspaper on June 28, 2000, and July 3, 2000, posted a notice on the property and sent notices to all property owners within 300 feet of the above mentioned property. On July 12, 2000, a Public Hearing was held before the Planning & Zoning Commission. One person appeared but after the facts were presented and he was informed that the tower would be no higher than the City water tower he had no objection to the proposed tower. The Conditional Use Permit for the tower was approved on condition of FAA approval and was recommended for public hearing before the Rexburg City Council. 4. On July 19, 2000, a Public Hearing was held before the Rexburg City Council. No one appeared in opposition to the proposed tower and papers were presented showing FAA approval. The Conditional Use Permit was granted on the condition that the tower be no higher than the City water tower. Stephen ollinger, City Attey DATE: (071200) PLANNING & ZONING July 12, 2000 7:00 p.m. Present: Chairman: Davawn Beattie Members: LaDawn Bratsman Ted Whyte Doug Smith Mike Thueson Gary Steiner Raymond Hill John Watson Bobbette Carlson Riley Bowman City Clerk: Marilyn Hansen P.F.C.: John Millar Council Member: Donna Benfield City Attorney: Stephen Zollinger Excused: Roger Muir Doug made a motion to approve the minutes from June 14, motion was seconded by Gary. All voted aye, none opposed. Davawn opened the public hearing for NewCom for a communications tower. Stephen read the public notice. John Millar pointed out the location for and description of the tower. Rex Portman from NewCom explained that the self-supporting, lattice, tower is for wireless communication. The tower location lot is surrounded with a fence. Cell phones will have no long distance rates, no roaming charges and email benefits when this tower is complete. Richard Smith objected to this tower being higher than the city water tower in the same location and it should be approved by the Airport Board and FAA. He was assured that the tower will NOT be higher than the water tower and Rex stated he had no problem with providing the Airport Board with this information. This was Richard's only concern and if this is addressed he has no problem with the tower. Public hearing was closed. Doug made a motion to approve the Conditional Use on this tower, subsequent to FAA and Airport Board approval. Motion was seconded by Bobbette, all voted aye, none opposed. DATE: (071900) MINUTES OF THE CITY COUNCIL MEETING July 19, 2000 7:30 p.m. STATE OF IDAHO ) County of Madison ) SS City of Rexburg ) Present were the following: Mayor: Bruce Sutherland Council members: Paul Pugmire Pledge to the flag. Mayor Sutherland introduced the Scouts Marsha made a motion to approve the minutes, seconded by Donna. All voted aye, none opposed. Dama Wirries from Dama's Dog Foundation reviewed the progress of the foundation. They would like to have an official Adoption Day on July 29, with free soda, free hot dogs, a rabies clinic and other preventive medicines for the animals. She would like to provide a free license to those people who bring their animals in. She reviewed the advantages and disadvantages of free licenses. She requested from the City Council that free licenses be given for the remainder of the calendar year 2000. Kathy LaFollette, who had presented a proposal in November, discussed information she had obtained from the city and veterinarians and the reasons she does not believe that free licenses should be offered. After discussion Paul made a motion to approve free licenses for one day on July 29 and see how it goes. Motion was seconded by Marsha. All voted aye, none opposed. Nyle Fullmer Marsha Bjornn Glen Pond Donna Benfield City Clerk: Marilyn Hansen P.F.C.: John Millar City Attorney: Stephen Zollinger Excused: Kay Beck and Richard Horner Pledge to the flag. Mayor Sutherland introduced the Scouts Marsha made a motion to approve the minutes, seconded by Donna. All voted aye, none opposed. Dama Wirries from Dama's Dog Foundation reviewed the progress of the foundation. They would like to have an official Adoption Day on July 29, with free soda, free hot dogs, a rabies clinic and other preventive medicines for the animals. She would like to provide a free license to those people who bring their animals in. She reviewed the advantages and disadvantages of free licenses. She requested from the City Council that free licenses be given for the remainder of the calendar year 2000. Kathy LaFollette, who had presented a proposal in November, discussed information she had obtained from the city and veterinarians and the reasons she does not believe that free licenses should be offered. After discussion Paul made a motion to approve free licenses for one day on July 29 and see how it goes. Motion was seconded by Marsha. All voted aye, none opposed. Public Hearing for Rex Portman of NewCom Wireless, 424 1" Street, Idaho Falls. Rex reviewed plans and pictures for a new communication tower to be located at 1145 So. 2nd East, the purpose of the tower and presented a document with FAA clearance approval. John stated that the tower was within the zoning, Planning & Zoning Commission did approve, there should be no complications. No public comment. Marsha made a motion to approve the tower with the condition that it is no higher than the City water tower. Motion was seconded by Paul. All voted aye, none opposed. Garth Hall, Athletic Director for Ricks College, addressed the plans of the Athletic Department with regards to changing the college from a 2 year to a 4 year school. There are commitments to the leagues, the student athletes and to the community to do the best they can for the next two years. He expressed his appreciation to the City and the community for their support and would hope they can depend on continued support. John explained the numerous queries being received about changing ownership on existing housing units with basements. Many do not have Conditional Use Permits, they have not been inspected for Fire Code safety, they are not in compliance with parking regulations and the Building Department is seeking information as to how aggressive they should be to bring these units into compliance. The college monitors what housing units are available for singles but are not monitoring for fire code safety issues. After discussion of several issues, including grandfathering, ordinances, enforcement, Nyle suggested we table the issue until further information is received. John presented three proposed ordinances for the UBC, UFC and UPC. Presently we are under the 1994 Uniform Building Code, the State has a statute that requires we accept the new code. The first ordinance, Ordinance 826, basically repeals the existing ordinance 782 and brings into effect the 1997 Uniform Building Code, the 1998 one and two-family dwelling code, the 1997 Uniform Mechanical Code and the 1999 Electrical Code. The second ordinance, Ordinance 827 is repealing Ordinance 784 and bringing into effect the adoption of the 1997 Uniform Fire Code. The Fire Department has made several modifications to that code that are included in the body of the ordinance. The third, Ordinance 828, is repealing Ordinance 783 which brings into effect the 1997 adoption of the Uniform Plumbing Code. Paul made a motion to introduce the ordinances with three readings, Glen seconded the motion. Those voting aye: Paul Donna Glen Nyle Opposed: Marsha 2