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HomeMy WebLinkAbout1995.03.01 CITY COUNCIL MINUTES (2)DATE: (030195) City Council 03/01/95 7:30 P. M. State of Idaho) County of Madison( as City of Rexburg) Present were the following: Mayor: Councilman: City Clerk: Engineer: Attorney: Pledge to the flag. Nile L Boyle Kay Beck Farrell Young Glen Pond Jim Flamm Bruce Sutherland Nyle Fullmer Rose Bagley Joe Laird J. D. Hancock A motion was made by Nyle Fullmer and seconded by Bruce Sutherland to approve the minutes with one correction. All Aye Introduction of scouts. RE: REPORT ON THE FIRE CHIEF APPOINTMENT TOPIC: (19,108,,, FIRE DEPARTMENT) Nyle Fullmer reported on the Fire Chief appointment. They went through all the applications and interviewed. They offered the job as Fire Chief to Spence Larson and he accepted. It was his recommendation that we support him and approve that nomination. Seconded by Glen Pond. That will start April 1, 1995. All Aye Nyle commented that the fire commissioners and Rex put a lot of time in and we appreciate all their time and effort. RE: ORDINANCE #771 CHANGING THE STREET NAME FROM TECHNOLOGY WAY BACK TO EAST 4TH NORTH TOPIC: (19,108,,, TECHNOLOGY WAY,4TH NORTH,STREETS) AN ORDINANCE CHANGING THE NAME OF A PORTION OF FOURTH NORTH STREET BETWEEN NORTH 2ND EAST AND NORTH 3RD EAST NOW DESIGNATED AS TECHNOLOGY WAY TO EAST 4TH NORTH: REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING WHEN SAID ORDINANCE SHALL BECOME EFFECTIVE. A motion was made by councilman Jim Flamm and seconded by Nyle Fullmer 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 771. Those voting aye: Nyle Fullmer Jim Flamm Bruce Sutherland Kay Beck Glen Pond Farrell Young Those voting nay: none Ordinance 771 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 Nyle Fullmer and seconded by Kay Beck that ordinance 771 be passed. Those voting aye: Kay Beck Farrell Young Glen Pond Bruce Sutherland Nyle Fullmer Jim Flamm Those voting nay: 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. RE: PUBLIC HEARING SET FOR A REQUEST FOR A ROAD CLOSER BY THE WATER TOWER (DAVID CROFTS) TOPIC: (19,109,,, STREET CLOSURES,2ND EAST,WATER TOWER,CROFTS*DAVID, HEINZ*BLAIR,PUBLIC HEARINGS) David Crofts was at the meeting with a request for a road closer by the water tower. (showing plans) It would clear up an encroachment for the property where Blair Heinz's machine shop is built. They feel the best way to do it is to abandon the road that runs up to his machine shop and put a new road in running parallel to the fence around the water tower. There would be a road in there and the same access but they would deed the current road to us and they would in turn deed Blair his needed ground for his building. He had letters from the parties that it would affect and plans on the new road. A motion was made by Bruce Sutherland and seconded by Nyle Fullmer to set it for public hearing. All aye. RE: TED WHYTE APPOINTED TO THE PLANNING & ZONING BOARD TOPIC: (19,109,,, PLANNING & ZONING BOARD,WHYTE*TED) Jeff Walters has requested to be taken off the Planning & Zoning Board. The mayor recommended Ted Whyte to be appointed to the Planning & Zoning Board. A motion was made by Glen Pond and seconded by Nyle Fullmer that the mayor make this appointment. All Aye RE: EMPLOYEE BENEFITS FOR RECREATION TOPIC: (19,109,,, RECREATION,EMPLOYEE BENEFITS,EMPLOYEE'S COMMITTEE, GOLF COURSE) The mayor discussed the Employee Benefits for recreation. Last year they could buy golf passes and the city paid half and they paid half. On the city recreation the could have one program for each child without charge, carousel and swimming was free. A motion was made by Jim that we continue it with a change in the way we do the passes for golf. That they go to the golf course and buy the pass, they pay half the price of the pass at the time of the purchase and the golf course then bills the city for the other half. Seconded by Nyle Fullmer. All Aye RE: EMPLOYEE'S COMMITTEE TO CONTINUE TOPIC: (19,109,,, EMPLOYEE'S COMMITTEE,CITY DEPTS.) The mayor discussed that we had an employee committee last year and they had one employee per department on the committee. They met as a committee. The mayor asked the council if they have any feeling or if they want the department to pick out who they want on the committee? Glen stated that the committee should decide what they want to do and how they want to run it. Let each department pick who they wanted on the committee and go from there. A motion was made by Glen Pond and seconded by Jim Flamm to continue the Employee Committee. All Aye A motion was made by Glen Pond and seconded by Farrell Young to approve the bills. All Aye RE: NEW CITY EMPLOYEES MUST RESIDE IN CITY LIMITS TOPIC: (19,109,,, CITY EMPLOYEES,CITY LIMITS,GOLF COURSE,RECREATION, FIRE DEPARTMENT) Jim Flamm discussed that at the last meeting we voted that all city employees should live within the city except for the Fire Department because they were City/County employees. We need to do the same thing with the golf course because it is City/County. The mayor asked if this requirement was for part time recreation employees or just full time employees? Glen stated that we exempted all employees that are now working for us. Jim Flamm made a motion that we hire full time and part time employees for the golf course from both city and county, but when hiring for city recreation city residents would have preference. Seconded by Bruce Sutherland. All aye RE: DISCUSSION OF FRANCHISE FEE FOR INTERMOUNTAIN GAS COMPANY TOPIC: (19,110,,, FRANCHISE FEES,INTERMOUNTAIN GAS CO.) The mayor discussed the Franchise Fee for Intermountain Gas Company. There will be something passed in the legislature this time, so it would be to our advantage to redo that Intermountain Gas Franchise before that Idaho Law comes into effect. The Gas Franchise fee and ordinance is due in March. The council felt 30 years is too long for it to be in affect. Jim did not feel we should lock ourselves into 3% when Utah Power & Light is 6%. The way it is now the Gas Company comes in and cuts the street and even though they repair it, those streets still fall apart much quicker. He stated that we talked about having a cutting fee. The law will say that if you do a franchise fee, it takes care of all those kind of things. The council felt we should have something in the agreement for cutting the streets. The mayor felt we should appoint a committee to negotiate with them. Jim suggested that Kay, Richard and Joe work on the committee. The mayor reported on the Legislature. As he understood if you have a franchise fee you can't have a cutting fee. A motion was made by Bruce Sutherland and seconded by Glen Pond that a committee of Kay, Richard, Joe and the mayor work with Intermountain Gas of a franchise fee. All Aye RE: DISCUSSION OF THE PUBLIC HEARING FOR THE AIRPORT ON MARCH 15 TOPIC: (19,110,,, PUBLIC HEARINGS,AIRPORT,ARMSTRONG CONSULTANTS) Nyle Fullmer reminded the council that there would be a Public Hearing for the Airport on March 15 at 6:30 P. M. The mayor stated that this is not the final last hearing. It is just an Informational pre hearing. It isn't anything to do with the legal hearing. That will be later after Armstrong comes up with four options, one at the present site and three others. There would be a couple of options at the present site. One proposal would be to extend the runway 500 feet to the south which would come clear over into number 9 and it would also extend it to the north but not so far that he thought they could reroute the river. This is just preliminary but the one plan would really impact the golf course. We don't know what will happen yet. RE: REPORT FROM PLANNING & ZONING - DISCUSSION OF PLAN REVIEWS TOPIC. (19,110...P & Z,PLAN REVIEWS,U.B.C.,LIABILITY) Bruce gave a report on Planning & Zoning. One of the things that was discussed in Planning & Zoning was the way we review the plans, we have a possibility of liability and he felt like we might need to make a change. It was recommended by the P & Z that the city council review our requirements on plan checks. The mayor read from the minutes from January 9, 1991 how the City Council voted to review plans. "A motion was made by Bruce Sutherland that the city require either a plan drawn by an engineer or an architect or have a plan check by an engineer or architect for anything above a duplex or for a business. Seconded by Brad Liljenquist. All Aye" Joe explained that the discussion with the Planning Commission was an either or. If you have an architect or engineer designing the building the architect or engineer has the liability for the problems that may occur with that building in the future. If you have the building only checked by an engineer or architect, you are getting plans in that are so poorly drawn that we have to practically tell them every move to make and everything to draw to get the plans in conformance with the U.B.C. requirements. In doing that we on behalf of the city we take on a certain amount of liability for the fact that we miss something and something goes wrong in the future. There is no architect or engineer signature and stamp on the plans. The only ones they can go against is the city. The design is done by default by telling them to do this or that until they get it up to the right standards. Bruce told the council that Joe had been swamped with plans that are very sketchy. The more the board discussed it, they feel strongly that there needs to be tightening of the the codes and restrictions and we need to match up with what the State requires. The state requires that an architect or engineer draw the plans basically for anything above a single family residence of two stories or a commercial building. Glen said we already have that and it is up to Joe. He just needs to tell them to go to an architect or engineer. Bruce said they always take the or. Can we make an exception for him and not me. The mayor told the council that out of all the apartments built in the last few years, about half of them have been designed by Bill Bergner, who would not be able to do them anymore under a ruling of an architect drawing the plans. Jim stated that as long as we are involved in it, and every time Joe has to kick the plans back then someone is mad at the city for being so sticky about what they are doing. Joe stated that is something we need to look at, because the State Law says that an architect or engineer should do the plans. We are going against the state law. There is a lot of variation with other cities. The mayor said he was not in favor of doing more on restrictions than we have to. He felt we need to study it somemore. The mayor said he would call Dale Storer from Idaho Falls. Discussion. J. D. read from the Idaho Code. (table it to next meeting) Arie Camphouse, a builder, was at the meeting and stated that Rexburg is not as strict as Idaho Falls. In Idaho Falls you go in and play by their rules. For a business or apartment the plans have to be stamped by an architect for anything other than a single family dwelling. In most of the bigger cities you have to have your plans stamped by and -- architect, because they do not want liability to be the plan checkers. That puts all the liability onto the city if they are doing the plan checks and the U.B.C. isn't met someone can come in and say the U.B.C. was suppose to have been met and then the city is liable for it. They require an architect drawing for anything over a single family residence. There is an exclusion for some farm buildings. RE: COUNCIL DISCUSSED THE REPAIR OF CITY STREETS TOPIC: (19,111,,, STREET REPAIR) The mayor said this year we have $375,000 to spend and it won't do a tenth of what we need to do. Kay stated that our tax levy is much lower than other cities. The mayor told the council Coeur d Alene voted in a ten million dollar bond and paid it over a 10 year period with the franchise fee with Washington Water Power. You would have to have a vote of the people for the bond. A motion was made by Bruce Sutherland and seconded by Glen Pond to form a citizens committee to look at it and get something going on street repairs. All Aye. RE: DISCUSSION OF TREES ON EAST SIDE OF PORTER PARK TOPIC: (19,111,,, TREES,PORTER PARK) Clair Boyle was at the meeting to discuss the Weaping Birch along the east side of Porter Park. The mayor said they need to be trimmed. They wondered about getting a few done at a time, but it would cost $2575 to trim all of them in one year but it would cost more per tree if we did it in two years. The council told him we would have to bid it out and check on it. We have $1500 in the budget for trees in Porter Park. (table to next meeting) A motion was made by Bruce Sutherland to adjourn. All Aye. )", � � &41 Mayor,jNfle L. Boyl' City C1erk,f Rose Bagley/