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HomeMy WebLinkAbout2002.06.19 CITY COUNCIL MINUTES MINUTES OF THE CITY COUNCIL June 19, 2002 7:30 P.M. STATE OF IDAHO, ) County of Madison ) SS. City of Rexburg ) Present were the following: Mayor: Mayor Bruce Sutherland Council Members:Glen Pond Shawn Larsen Marsha Bjornn Donna Benfield Paul Pugmire Nyle Fullmer Excused:Richard Horner John Millar Stephen Zollinger P&Z Administrator:Kurt Hibbert City Clerk:Blair D. Kay Finance Officer:- excused PFC:- excused City Attorney:- excused Pledge of allegiance. Uncontroversial Items: Approval of Minutes Shawn made a motion to approve the minutes of June 5, 2002. Donna seconded the motion. Marsha requested a spelling correction on a name and clarification of the City of Arts The motion carried. discussion. All voted aye, none opposed. 1 New Business : : ? Fire Works applications (reviewed by staff) Nyle made a motion to approve the fire works applications, Paul seconded the motion. The motion carried All voted aye, none opposed. . ? Addressing Committee - Kurt Hibbert Kurt explained the effort in the County to help emergency services find addresses with an addressing grid. The City, County, and Post Office are working together on the grid system to rename some streets that would allow one database for emergency services. The goal is to have the system in place by October 1, 2002. Mayors Business : ? Appointment of New P&Z Members Mayor Sutherland presented Mary Hailey and Jerry Hastings to the Council for approval to the Planning and Zoning Commission. LaDawn Bratsman and Bobette Carlson had finished their terms on the Commission and asked to be released. Donna made a motion to add Mary and Jerry to the Commission, Nyle seconded the motion. . The motion carried All voted aye, none opposed. 7:40 PMPublic Hearing - Zone Change from HDR to HDR2 thrd (North Side of 7 South and 3 West) - Eric Earley Kurt Hibbert - Reviewed the project on the overhead screen. It is located East of the Armory. Eric Earley - Represented the buyers and sellers as the Realtor. The property is over 5 acres. The investors are planning to add approximately 192 units for married students. Public Hearing Opened No public comments Public Hearing was closed Marsha made a motion to approve the zone change from HDR to HDR2. Nyle seconded the motion. Donna asked about any public hearing comments from the Planning and Zoning meeting. Shawn asked for a review of the area. Discussion from the floor on the location The motion carried and surrounding zoning. All voted aye, none opposed. . 2 ? nd Creation of LID 32 - 2 reading Keith Davidson - Discussed LID 32 and the City resident issues from the last Council meeting. He used the overhead screen to show the new changes: Keith and John Millar scaled back the original LID 32 to meet the concerns of the residents. st 1) 1 South - Only complete the areas in red that pose a hazard. The street overlay will be deferred until new construction is completed. 2) Rolling Hills - Scaled back some of the curb and gutter. The City sent letters last Friday to residents indicating the new changes. 3) Mohawk Ave - Scaled back some of the curb and gutter replacement. th 4) 6 South - Keith and John discussed ending the new street at the Linda Eames property until the canal bridge would be installed. 5) Kay Burton property - City Council will need to decide how to proceed. The canal ditches would need to be piped. This property does not have curb, gutter or sidewalk. st 6) 451 East 1 North - City Council will need to decide the location of the sidewalk - (either on the curb or set back). Shawn asked for a review of the Kay Burton property - Keith indicated that the Burtons were told the City would pay for the piping of the ditches when the area was developed. Glen asked why the other side of the street is being considered with this property. Kyle indicated that it was not involved. Shawn asked for clarification on the comment that the City would pay for the piping of the ditches. Keith deferred the question to John Millar for further discussion. Mayor Sutherland thanked Keith for all of the work he has devoted to the project. Paul made a motion to consider the Ordinance for LID 32 as a second reading. Marsha seconded The motion carried the motion. All voted aye, none opposed. . rd Paul request a copy of the revisions be available to the Council for the 3 reading in Ordinance format. 3 ? C&L Body Shop, Christensen Body Shop, & Rays Body Shop (New Fire Code) Discussion on the fire code approved by the City October 18, 1995. Chris asked the City Council to amend or enforce the fire code. Discussion from the floor on the Fire Ordinance. Public Comment: Gary Lewis - Gary asked which code and why the 7 year delay to enforce it. Some businesses have complied with the ordinance. Mayor Sutherland indicated that safety issues can not be grand fathered. Chris discussed grand fathering in Idaho Falls. He indicated that the State fire marshal was aware of grand fathering some businesses. Discussion on the meeting in 1995 when the Council passed the Ordinance. Glen discussed the need to follow the code for safety issue. Discussion from the floor on the cost of installing the equipment to comply with the Ordinance. Bid estimates from $2500 to $5000 have been received by the paint shops to install fire protection equipment in the spray booths. Paint booths are required to have a fire retardant system. Paul asked the paint shop owners if they received the letter dated October 18, 1995 asking them to comply with the fire code. The letter indicated a 6 month deadline to comply with the fire code for paint shops. Some shops have complied - others have not complied during the past 7 years. Discussion on the size of the paint shops and other safety processes now in place. Discussion on the county shops not having the same requirements and giving an unfair advantage to paint shops located in the County. Discussion on why the City waited 7 years to enforce this ordinance. Glen asked if $1,800 to $2,500 for compliance would put them out of business. Other business have complied and remain in business. Marsha - Discussed safety requirements over the past 7 years and grand fathering existing businesses. 4 Paul asked Chris to review his letter to the Council. Chris reviewed information provided by an insurance company. Shawn asked if Insurance Companies inspected their business and are they willing to cover damage in a paint booth. Gary Lewis indicated that the booth he recently purchased did not have a spray system installed. Discussion on Insurance rates varying if fire protection is included in the paint shop. Discussion on Madison County adopting the fire code. Both the City and County have adopted the fire code. Chris explained the wording on the new fire code coming in Jan 1 , 2003 which will be the same as the current fire code. Discussion of local fires in 3 shops in the last 20 years. Glen made a motion to move forward with the 1995 conclusion of the City Council and meet the requirements of the fire code to install the fire protection system in the paint booths. Paul seconded the motion. Voting AyeVoting Nay GlenNyle PaulShawn Marsha Donna The motion failed Discussion on grand fathering businesses that have not complied with the ordinance. Grand fathering could open the door for reimbursements for businesses that have complied. Nyle discussed the fire code and the insurance coverage for the current processes used by the paint shops. Discussion on the fire code and insurance coverage. Chris reviewed the fire code wording in Appendix A 1.14 (Water born coatings), which states that after the liquid carrier evaporates, the remaining residue is highly combustible. “The provisions of this standard for minimizing the hazards of combustible residue should be followed irrespective of the characteristics of the carrier”. Nationally there has been an increase in explosions and deaths in paint booths. Mayor discussed grand fathering old businesses. Shawn made a motion to grand father C&L Body Shop, Rays Auto Body, Taylor Chevrolet Body Shop, and Christensen Body Shop into this provision making them exempt. 5 Discussion on other government agencies using grand fathering to exempt existing businesses. Nyle and Donna requested a recommendation from Legal Council and Madison County before making a decision. Shawn withdrew his motion. City Council will seek Legal Council before making a decision on grand fathering. Paul - discussed regulation of businesses. These regulations are born from experience. Paul asked the paint shop owners for information showing that this regulation is out of touch with actual practice and operating experience. He was concerned with the 7 year period passing without any action from the paint shops. Paul agreed with other Council members to set this issue aside until Legal Council can be consulted. ? Final Plat Review - Andrews Addition - Brian Cunningham Kurt Hibbert - Reviewed the plat on the overhead screen Allen Cunningham - They are working with staff on the plat and any staff concerns. It is located north of Rexburg Acres Subdivision and East of Pioneer Road. The Plat is for duplexes. There was no information available concerning fences. Glen made a motion to accept the Andrews Addition Plat, Paul seconded the motion. The motion carried All voted aye, none opposed. . ? Final Plat Review - Spruce Addition - Brian Cunningham Lee Gagner - Reviewed the plat for single family homes. He indicated no opposition from the Planning and Zoning Commission. Paul asked about ditches on the property. All ditches have been removed when Evergreen Subdivision was completed. Discussion concerning the exits for the Spruce Addition. Glen made a motion to approve the Spruce Addition Plat, Nyle seconded the motion, All voted The motion carried Aye, none opposed. . Paul welcomed Representative Gagner to the meeting. 6 Preliminary Site Plan Review - PRD - Rocky Mountain Way - Kurt Rowland • Preliminary Plat Review Rocky Mountain Way - Kurt Rowland • Kurt Hibbert reviewed the PRD plat on the overhead screen. Planning & Zoning approved pending receiving protective covenants from the developer. Kurt Rowland - They will provid the City with protective covenants for the addition. Discussion: This is Greg Moffat’s property. Twenty feet of property is being purchased from the School District. Discussion on the removal of one home from the property. Nyle moved to accept the PRD Plan for Rocky Mountain Way, Paul seconded the motion. Marsha asked if PRD developments are done by Ordinance. PRD’s are in the Cities Planning and The motion carried. Zoning book. All voted aye, none opposed. Old Business: Gringos land exchange • Nyle reviewed discussion on the land exchange from the last meeting. He indicated that the discussion was tabled for further discussion. Brian Manwaring - 232 Gary Dr - He meet with Keith Zollinger and Ray Mickelsen today to discuss the issues surrounding the land exchange. Ray indicated that remodeling was not an option for Gringos. They were unable to resolve their issues. Brian reviewed the project on the overhead screen. He indicated that his business would be stifled from developing additional businesses in his building. He would prefer to have more information on the development to help him resolve his concerns. Brian mentioned concerns about signs for his business. Paul ask for clarification from Brian. Brian would like to see assurances built in to the proposal that will involve and consider his concerns or have a new building in Gringos current location. Glen discussed the current parking lot’s location which would exclude adding entrances to the West side of the building. Discussion on the City parking lot by Gringos and accommodating both businesses. Paul - The design and review process is still before the Council to adapt the proposal to the needs of the both parties, and requiring that Brian’s concerns be addressed. 7 Paul - The issue is revitalization of downtown with this capital investment. The alley would be a higher priority for improvement with this development. Nyle - Discussed the positive aspects of improving the area with this development. Brian Manwaring - Discussion on the sign for Moms. Nyle - The City can help move the project along with some revitalization efforts. Marsha - She discussed the advantages of Mom’s Candy Kitchen having a sign out on Center street. She would support including signage for Mom’s which would be done in the plat review. Mayor - The important issue is keeping a business downtown. The Council is aware of the struggles of a small private business. A new building would be a real enhancement for the block. Paul - Indicated that a workable solution is available to the Council procedurally to remove from the table the land exchange between the City and Keith Zollinger. Paul made motion to recall from the table the land exchange with Keith Zollinger. Nyle seconded The motion carried. the motion. All voted aye, none opposed. Discussion on the land exchange with Keith Zollinger. Paul made a motion to approve the proposed land exchange between Zollingers and the City of Rexburg. Shawn seconded the motion. Discussion: Marsha asked about the process before final approval from the Council. Discussion on the review process with the preliminary and final plat reviews. The associated development agreement would be done concurrently with the plat. Marsha - Discussion on the preliminary and final plats to solve any concerns over the development. Mayor - The details would be worked out through this process. Paul reworded his motion to approve the proposed land exchange between Zollingers and the City of Rexburg contingent upon the plat review. Nyle seconded the motion. Discussion - Donna discussed the revitalization needed for the area. Shawn - Lighting needs to be considered for the development. Nyle - Site plan reviews will address this lighting issue. 8 Donna - This could be an opportunity to address this area with revitalization dollars. Nyle - Discussion on addressing the rear accesses to these businesses. The motion carried. The Mayor called for a vote. All voted aye, none opposed. Mayor Sutherland expressed appreciation for the businesses involved in this discussion. The Mayor urged the parties to get together and resolve any concern with this development. Update on Projects 6. Committee reports 7. Paul - The tabernacle board is ready to move forward on purchasing a new sound system for the tabernacle. A recommended fee schedule will be forthcoming in July to City Council. Mayor Sutherland - Discussion on fee waivers for non profit organizations. Marsha - Mr. Kennelly provided samples of a Historic Preservation Ordinance for the City. This would be an agenda item for the next work meeting. rdth Mayor Sutherland - July City Council meetings on July 3 and 17 will be at 7:00 AM. Discussion on Department of Transportation meeting concerning new locations for new interchanges on Highway 20. A letter from the City recommending specific locations was recommended by Shawn. Kurt Hibbert - Commented that three things are critical to get action from the Transportation Department. 1 - Public Comment 2 - Have the Interchanges located in the Comprehensive Plan of the County. The County will need to amend the Comprehensive Plan to show a Comprehensive Transportation Map with the preferred locations. 3)- Involve the State Transportation Board - Chairman Jack Combo Neil Miller and JoAn Wood can provide additional support for this effort. Glen - Recommended that Kurt be assigned to work on this process and move it along. Mayor Sutherland - Assigned Kurt to work on the Transportation Interchange process. 9 Historical Society Museum Consultant Marsha - - Mr. Arnold is excited to get new ideas - The expense for travel and lodging will be paid by the City. Marsha requested that Stephen complete the Parks and Recreations Policy for the next Council Meeting. Jack is ready to implement the new policies. The United Way people are in need of a closet. (John Millar is the contact) The proposed new Tabernacle Fees were encouraging to the Arts Council. Mayor’s Business (Cont.) 8. st Work meeting on the 31 of July at 7:30 pm Mayor Sutherland - Reviewed the problem of the 12,000 volt power line at Artco being cut a second time in the last two months. This is a Major, Major, Major problem. Dig line was not called for a location. The contractors do not realize the problems and loss of revenue incurred by the businesses. They loose a lot of business when their Nationally Connected Phone system goes down. This industry could be taken out of Rexburg if the City is complacent. The Council discussed fines that could be charged to the contractor. Artco was very upset with the loss of power the first time. The Mayor and Council Members will contact Artco to discuss the problem. Glen mentioned a State of Idaho $10,000 fine for refusing to call dig line. Nyle Reccommended a letter from Legal Council. Mayor recommended a mechanism to do fines. It is time to have an ordinance for this problem. Each council member should call Garth and ask for recommendations on assisting with any problems this outage has created. Keith did visit the site today to offer assistance. To bill for loss of business would require litigation. 9. Approval of Bills Nyle made a motion to approve the bills, Donna seconded the motion, All vote aye, The motion carried none opposed. . 10.Adjourn ___________________________________ Bruce Sutherland, Mayor _____________________________________ Blair D. Kay, City Clerk 10