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HomeMy WebLinkAbout1994.02.02 CITY COUNCIL MINUTES~q City Council 2/2/94 7:30 p.m. State of Idaho) County of Madison( ss City of Rexburg) Present were the following: Mayor: Councilmembers: Attorney: Finance Officer: Engineer: Excused: Nile Boyle Kay Beck Farrell Young Bruce Sutherland Jim Flamm Nyle Fullmer J.D. Hancock Richard R. Horner Joe A. Laird Rose Bagley Janet Williamson was present to take minutes for Rose Bagley. Pledge to the flag. Introduction of scouts. A motion was made by Nyle Fullmer and seconded by Farrell Young to approve the minutes. All aye. Mayor Boyle said we never heard back from the sellers about the Industrial Park so it will not be discussed tonight. The request for the street closure for the dance festival has been crossed off the agenda. RE: RAILROAD CROSSINGS We got the notifications from the transportation department for the railroad crossings and Joe called Wanimaker over in Boise with the transportation department and he said if we get those in we have a lot of money in that fund and we can fund them both now and at the same time we can alter the approach on 2nd S. We got all ready to go and they called again and said they had made a mistake and the money wasn't there. Joe said they haven't gotten approval from the federal highway administration for this type of programming. This is on hold until they contact us. RE: CONSTRUCTION OF VALLEY MEDICAL SHOPPE Gary Aimen - 359 E. 5th S. --- part owner of the Valley Medical Shoppe The original plan for their new building on 2nd E. had a main floor and a 2nd story. They decided to put in a basement instead of a 2nd story (not knowing that they would need a sprinkling system if they did this.) The architect who reviewed plans for the city said they would have to put in a sprinkling system. They felt if they were going to have to do that they did not want to build a basement. They met with several city officials, including the Fire Marshall and they said if you will put in a front stairway in addition to the back stairway and a couple of windows in the basement then we will forgo the sprinkling system. So, this is what they did. Due to some changes in the city personnel we didn't see the inspector for about 3 months. Then Joe came in the middle of this and felt they needed the system. Bart explained when they put in the window wells he talked to Gordon Tychsen and they felt 2 foot window wells were the way to go. These are not just nail-on, metal window wells; they are 8 foot high, 10" concrete walls out from the building 2 feet. They are 5 foot wide inside and they did that for two reasons - partially for safety and also the owners thought that they would want to have a grill or something over them. Those were all approved and that is why the windows are the size that they are. When Nielsen reviewed the plans and said they needed a sprinkling system Bart called Terry. He told him to call Gordon. The building was compared to Dr. Mortensens building and Gordon said there ~~ 1 was a problem there with the doors swinging in. If Bart would make sure that the doors would swing out, both the rear and the front, then it would be fine. After that point the plan check come back from Rulon Nielsen. That had 22-23 items that were brought up. Then he got with Gordon, took him over and they decided on the window sizes, the extra stairway, etc. and they thought that they had it all settled. The windows and window wells do not meet fire code for egress and ingress. Now, to bring it into code they need 8 more square feet of window and extend the window wells 5 feet. This would really infringe on their parking lot. They feel they would not have gone to all the expense of the stairway and windows to comply if the had known it still would not meet compliance. They do have a very sophisticated alarm and security system. (Discussion on trying to find a workable solution.) Jim Flamm came up with an idea explained by Joe. Basically they have the stairway that comes from the basement up to the top. What they are speaking of is firewalling the side of that stairway so it keeps it entirely separate from the upper part of the building, a fire door there that they can still use that they could go in down the stairs with and then a fire door on the outside that would open as you were coming up out of the basement. As he sees it right now (he will check it in the morning) that would provide the equivalent of an outside entrance. The City will be liable for the cost in the difference in retrofitting the building - the difference in cost if they had done it first and what it will cost them to do it now. RE: ORDINANCE 755 ANNEXING LAND ON WEST MAIN APPROVED Mayor Boyle read Ordinance 755 annexing land on west main in to the City. There was a public hearing held where no objection was made. Jim asked if there were provisions made. The Mayor said the City Engineer is going to drawn up a pre-annexation agreement that is going to cover cost of the water and sewer, certain uses that would not be allowed, etc. A motion was made by councilman Bruce Sutherland and seconded by Kay Beck 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 be numbered 755. Those voting aye: Those voting nay: Bruce Sutherland Nyle Fullmer Jim Flamm Farrell Young Kay W. Beck none Ordinance 755 was then placed before the council. The mayor then called for the voting for final passage of the ordinance, and the motion was made by Bruce Sutherland and seconded by Nyle Fullmer that ordinance 755 be passed. Those voting aye: Those voting nay: Bruce Sutherland Nyle Fullmer Jim Flamm Farrell Young Kay W. Beck none The roll showed all councilmen present voting "Aye" carried; the Mayor declared that the majority of all the members of the city council had voted for the passage of said ordinance was duly and regularly passed. Mayor Boyle declared the motion carried. Mayor Boyle asked Joe to keep working on the agreement and make sure all of the provisions were included. /cl RE: REPORT ABOUT SNOW REMOVAL BY C & L SHOP Kay Beck reported on the snow removal problem just down from the railroad tracks that was discussed last time. It was not a drain problem but a drainage problem. Farrell went down and moved that out. The drain was open but the water couldn't get to the drain. RE: REPORT FROM THE EMPLOYEES COUNCIL MEETING Mayor Boyle reported on the Employees Council Meeting. One thing that came out of this last meeting that impacts this group is the city employees felt that the city council members need to get more involved with the departments that they are over. They would like Nyle Fullmer, councilman, and DeLynn Edstrom, department head, to meet with them at their next meeting. RE: DISCUSSION OF THE USE OF THE CITY LOGO Steve Bosco and Shawn Wood were at the meeting to ask if they could use the city logo (without the City of Rexburg written on it) on T-shirts that they are making. Jim felt it would be a good promotional for the city. Nyle felt we should get some royalty fee to go towards the recreation department. The council asked Steve to come back with a small royalty proposal. Jim said that the Mayor needs to approve what ever the logo is used on. Bruce Sutherland moved that they approve the bills. The motion was seconded by Jim Flamm. All aye. RE: PETITION FROM GARNER ADDITION The Mayor mentioned that a petition had been handed to him at the beginning of the meeting. There will be no action taken on it at this meeting. It is from residents in the Garner Addition that would like to enjoin any double wide or pre-fab home in that area. It is zoned LDR 1 and modular homes are permitted in that zoning. They are zoned LDR 1 because some of the homes have apartments in them. Across the road it is zoned LDR and that zoning would not permit a modular home. Meeting adjourned. Mayor, Nile L. Boyle City Clerk, Rose Bagley [1 v ti PETITION TO CITY COUNCIL The undersigned, being residents and homeowners in the J. Earl Garner Addition to the City of Rexburg, hereby petition the City to enjoin, prohibit or otherwise stop the installation of the double-wide home or prefabricated home intended to be installed upon a lot owned by Joe Laird described as Lot 11, Block 1 in the J. Earl Garner Addition to the City of Rexburg. The reason for our petition to the City Council is that the area has developed into an area~of above average residences of above average quality, and to allow Mr. Laird to install such a residence would more than significantly devalue the surrounding residences, thus undermining the terms and intent of the zoning laws and restrictive covenants. Dated this day of February, 1994. RESIDENT ADDRESS r w~~ 7 `~ ~ ~ X1-,1 _-~/~ ~ ~ ~- `/_ J J1~ ~7 \~J J ~ G'z ~ ~ LY'L ~jlt, v.t~i'~t`~"~ a . ~ ~~ cC~y X41, l`~' i ! ~ ~ ~ C 1~ ~ :~ ~l,.(~ ~~~~ ~ ~ ` ~ " I''' /~~ ~ V ~( N . M i ~ 1-1 o t (o ~ l~. ~~~V .~ ~8 i a~~ , G'_ ~ .~ ~% .~ ADDRESS x/32 ~~~L~ -T y~y /~ee~ ~~ {/ ~ ~ = 7 ~( r /ST /v S3S ~ ~.~ ~vL~ ~~e- ~~ ~ ,~~d~ 4-~ ( -2eec~ ~-~2 ~Mo r~tr~ 2~ O-t~ /!/~ N ~~ ~~~~°~ ESIDENT _.--~~-