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HomeMy WebLinkAbout1990.10.17 CITY COUNCIL MINUTES1 MINUTES OF THE CITY COUNCIL MEETING 10/17/90 State of Idaho) County of Madison( ss City of Rexburg) Present were the following: Those Present: Mayor: Councilmembers: Excused: Also Present: Pledge to the flag. RE: APPROVAL OF THE MINUTES Nile Boyle Brad Liljenquist Farrell Young Bruce Sutherland Nyle Fullmer Glen Pond Rose Bagley, City Clerk J. D. Hancock, Attorney Richard Horner, Treasurer A motion was made by Bruce Sutherland and seconded by Nyle Fullmer to approve the minutes. All Aye. RE: STATE ELECTRICAL INSPECTOR Mayor Boyle discussed with the council the hiring of an Electrical Inspector. We could hire an inspector through the city or contract with the State of Idaho to have them furnish an Electrical Inspector that would live in the Rexburg area and would stop in the office every day. Gary Malmen, Director of the Electrical Division of the Department of Labor was at the meeting to explain how it would work. There is two types of agreements with the State. Twin Falls and Coeur D'Alene have agreements with the state. (copies on file) The mayor said we have adopted the National Electrical Code but do have a few things in addition in our ordinance the the city requires. The mayor told the council we had gone back for the last 10 months and found that the amount we took in on inspection fees and the amount we paid our inspector was almost the same. The state fees are almost the same as we charge. If the state does it we won't have as much work in the office. In the city of Coeur D'Alene the city has the permits and issue them and the state does the inspections, and their office handles all the money up front. Twin Falls requires the property holder to come in and fill out an application, pay the money and take out a permit. The contractors use the state permit which they have. They will have to turn a copy of the permit into the city. Ten per cent of the fee will go to the city of Rexburg. The city will have to handle the permits. The state has a regular book of permits that is used. We would have a state inspection report on a daily bases. The state would pull a man over to this area and would need a contract for one year. After the year the contract could be terminated with 30 days notice. RE: ELECTRICAL INSPECTIONS FOR RICKS COLLEGE The mayor read a letter from Ricks College (copy on file) regarding electrical inspections. The state inspector said that Ricks College has not really been inspected. The state requirement is that all facilities be inspected, so they meet the State Electrical Code. He said if they do maintenance work changing something that is compatible with what it was, no permits and no inspection is required. If there is new installations, it is required by law to be permitted and inspected. Chuck Frost, representing Ricks College, stated that they have a concern that they would have to daily issue permits and that they would 51 be held up until the state inspector comes. Nyle Fullmer said he had a concern what is a small job. Chuck said the policy in the past was not to require building permits for minor construction. We have always built above code. Nyle Fullmer said he did not think they should be exempt. A discussion on the amount that has been charged to the college on permits. The State Inspector stated that on Industrial Institutions like the college for all the little jobs the fee is based on 1/2 of 1 per cent of the total electrical cost. We let them take out a permit once a month to cover all the little jobs and they list them. The inspector comes in as they go along as often as he needs to. We treat them separate from the big major jobs. He said they had been doing the inspections for all the colleges for years. The state inspector said the cost is by project and broken out as to what it would cost, material and labor. Chuck said in a years time they would do from $50,000 to $70,000 electrical work. Brad Liljenquist said he would like to contact some of the other cities that are having the state do it and table it for two weeks. RE: DR. CROUCH'S REQUEST FOR A PERMIT FOR LIMITED COMMERCIAL USE Next on the agenda was Dr Max Crouch public hearing. The request is for a permit for Limited Commercial use for professional offices in an R-1 zone. The said property is located south of the corner of Ash and First South Street. Dr Crouch presented a plat of the property with landscaping and parking. He also read a set of restrictive covenants. The council ask him if he would specify which professional offices would be allowed. The mayor said we have had a hearing at Planning & Zoning and a petition had been circulated with 85% in favor. We also have a signed statement from Kent Jolley stating he is in favor. He stated that one of the key parts of it is that Ash will not go through. The mayor thought if it did go through it would increase the traffic in an area where it was engineered poorly where everything empties into one spot. The planning & zoning recommended that Ash did not go through. No one owning property on the south of the proposed variance was at the meeting. Ru,m+mPA\ Max Romrell was at the meeting to protest. He said he was opposed to this. He noted that work was going on already and the they have not been given permission. Bruce Sutherland told him that when Dr Crouch ask if he could begin, we told him it was at his own risk. We could not approve of him starting. Max said when he bought his property it was zoned R1. He had been told if we did not accept this we would have to accept something worse. He had been told it would reduce the value of his property. He felt that the city should honor the zoning. He felt that it wasn't a situation that is good. The safety factor has not been addressed. What would you do if it was in your area? There is other property available. The time element isn't right. In the long run it will not prove good for the doctor. Denese Rammell - Looking at it as a mother or a grandmother, it is unsafe. I feel that is detrimental and unsafe. It is a bad corner. She stated that with the amount of patients he would have and the amount of patients or clients coming to the other offices it would make about 180 cars going in or out at 8:00 A. M. There is always kids all over that street. Everyday she worries about someone getting hit. There needs to be sidewalks. Bruce Sutherland gave a Traffic Safety Report (copy on file). He did state that it would be advisable to have sidewalks. Max Rammell ask if additional traffic studies should be done before a variance is granted. The mayor stated that the condition is and has been there. Brad Liljenquist ask Jim Long if he was in favor. He said he was 100% in favor he helped design it. Jim also stated that it would not compound the traffic problem with the professional offices that it would if it was zoned Rl for residential or multi family homes when they build on that property. He would like to design the sidewalks if they are put in. Bruce Sutherland declared a conflict of interest. He said the traffic committee would do more study on the traffic problem. A motion was made by Nyle Fullmer that under the recommendation of Planning & Zoning and the petition that was circulated that we approve the project to be Zoned Limited Commercial. Seconded by Farrell Young. All Aye RE: APPROVAL OF THE NEW BUILDING REQUIREMENTS Mayor Boyle presented the new Building Permit Requirements. All councilmembers have a copy of these in their folders. (copy on file) All building commercial buildings and residential buildings bigger than a duplex would need an architect. A motion was made by Bruce Sutherland and seconded by Nyle Fullmer to approve the new Building Permit Requirements. All Aye RE: RED RIBBON WEEK Mayor Boyle stated that next week would be Red Ribbon Day. He read a proclamation. Whereas Drug and Alcohol abuse is our Number One Social Problem. Whereas Drug and Alcohol abuse affects every industry in the U.S. and costs billions of dollars every year. Whereas the education of our youth is the best way to discourage their involvement in drugs or alcohol. Whereas our objective is to make schools in Madison County Drug Free. Now therefore the Mayor and City Council proclaim October 22 - 28 as Red Ribbon Drug Free week in Rexburg, Idaho, and pledge our support to all efforts at eliminating drug and alcohol abuse. A motion was made by Nyle Fullmer and seconded by Darlene Blackburn to pass the proclamation. All Aye RE: IDAHO RESIDENTIAL ENERGY STANDARDS Mayor Boyle discussed the Idaho Residential Energy Standards. It will go into effect on January 1, 1991. On November 29, from 8:00 A. M. to 4:30 P. M. there will be meeting at the city hall for builders, all council members are invited. RE: AGREEMENT WITH KEY BANK FOR TWO POLICE CARS The mayor reminded the council that at the lases council we okayed two police cars. We have received a low bid front Key Bank for the police cars and some other equipment to be financed. A motion was made by Nyle Fullmer and seconded by Bruce Sutherland to pass a resolution to authorize the mayor to enter in to an agreement with Key Bank for the purchases. All Aye. RE: APPROVAL OF THE BILLS A motion was made by Darlene Blackburn and seconded by Brad Liljenquist to pay the bills. All Aye RE: EXECUTIVE SESSION A motion was made by Bruce Sutherland and seconded by Farrell Young to go into an executive session for a possible law suit. All Aye. The mayor invited all Planning & Zoning Members and all inspectors to come into the meeting. The mayor stated that the council would reconvene. RE: STEVE CLARK'S COTTAGE APARTMENTS The mayor stated that in September we gave the Cottages until October 15 to be in compliance and there was several areas where he did not meet code. Steve Clark stated that he would like the record to show that he came in this morning to talk to Mayor Boyle, who told him this would not be discussed. The Mayor said he told him that he did not need to be there, but it would be discussed. Steve said 20 of the 22 things that Glen Bean had listed as violations had been repaired. He stated that by noon tomorrow they all would be done. On the electrical about 80% of them have been fixed. As far as the heating gas situation they would be finished by tomorrow. The paving of the upper parking lot would be finished by next week. The plumbing would be finished by tomorrow. Steve said he had sat silent for a long time and his story never got told. Steve then told his story again. (refer to tape). He then stated that John Meyer, a certified inspector, had passed him on every inspection. Mayor Boyle told him he had a check list of many violations listed by John Meyer. Mayor Boyle then read the violations to Mr Clark and the group. All of Meyers inspections show deficiencies. The mayor also told Steve that the city had a lot of pressure from parents and girls. Steve stated since the girls moved in it has slowed him down. He ask if the city could do any better trying to do a 5 month project in 2 1/2 months. He accused the city of slowing him down with a stop order and not writing a letter permitting him to build a retaining wall and Farmer's legal action for slowing the project down. He claimed he had tried as hard as he could to quietly and in a dignified way to keep moving ahead. He said he was almost done and had worked as hard and quickly as he could. He felt he had not had appropriate cooperation from the city. The mayor told Steve that the issue now is not the history but that in August you requested until September 30 to complete everything and we gave you until October 15 and you said you would be ready by then, but when we did the inspection on October 15 there were a lot of violations some of which was very serious. The question before the council is what do we do now because your word has not been kept and you have not got the things done by the time you requested. We are feeling the pressure too. Never has a project in the city given any heat like this one has. Jim Long ask if he could see the minutes of the Planning & Zoning, because he did not recall the things Steve said. (minutes are available in the clerks office) The mayor said the retaining wall was discussed in Planning & Zoning but not voted on. Jim said as he recalls the only way the building could conform was with a retaining wall, but there was no recommendation. Richard Smith ask what are the current violations. (copy given to Mr Smith). The mayor told Mr Smith that the most serious violations was the gas. The furnaces are suppose to only be lit by the gas company, but were done by Mr Clark. Richard Smith- The first time I saw what was happening on this apartment was this summer. I went over and looked at the project and was surprised. I was disappointed with the attitude that Steve took with blaming the City for all his problems. He has gone on for 15 minutes telling us why a law suit with Farmers could not be resolved, because the city would not write a letter. It is not the city's responsibility it is Mr Clarks responsibility. Mr Clark is dragging the city in. If he is not in compliance, then he needs to do so. Rules are there to be followed. The city doesn't need to be concerned on accepting responsibility. Farrell Young declared a conflict of interest. 1 Le Roy Hillman - He stated that rules and circumstances need to be altered. Everything isn't black and white. Steve is behind and tried to get cooperation. The city is acting like three days will make or break it. Look at it on both sides. When we came to this meeting the council was talking and I think the minds of the council was already made up. Don Hommer - He is an apartment owner and feel for both sides. Student housing is unique. You have a time limit and it is a heavy burden. Barbara Mann- She is a neighbor living on that street. There is a problem, but Steve has been trying to finish. There is not housing available. Nyle Fullmer said he resented the issue that the minds were make up prior to the meeting. We have listened to this since April. The Stop Order was place because of violations. I have gone over there and talked to the girls and builders. I disagree with you. Deficiencies were there and had to be inspected more than usual and gas violations are serious. I have been going over and checking them and am appalled at the construction. It is a disgrace to the community. The construction is a safety hazard for the girls. You tried to cut corners to save money. Brad Liljenquist according to the inspection reports as of October 15, Mr Clark is not in compliance with codes. A motion was then made by Brad according to our inspection reports of as of 10/15/90 Mr Clark was not in compliance of the UBC, Fire Code, Electrical Code and Plumbing Code, that a certificate of occupancy be denied, and that the building inspector notify Mr Clark that the premises are not be be occupied and that the city inspectors issue citations as of October 15 for each violation of the Uniform Building Code, the State Fire Code, the State Electrical Code, and the State Plumbing Code. That the city has not okayed the structure as a suitable place to live and those wanting to live there do so of their own risk. That if the apartments are ready for inspection there will be charged a fee of $60 per hour with a minimum of $30 for each inspector. Seconded by Bruce Sutherland. Steve Clark accused the inspectors of not being qualified, the electrical, fire and building inspectors are not certified. J. D. Hancock told Mr Clark that you don't have to be a certified inspector to site you. Richard Smith ask when this would be in effect, he was told as soon as the paper would could be done. Mayor Boyle stated that a great liability is that we can't get the fire truck in. The Mayor called for a vote of the council. Those voting aye: Darlene Blackburn, Brad Liljenquist, Bruce Sutherland, Nyle Fullmer. voting nay: Farrell Young. A motion was made by Darlene Blackburn to adjourn, Seconded by Brad Liljenquist. All Aye. City Clerk, Ros / Ba ey -----r / j� ---------- Mayor Nile L. 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