HomeMy WebLinkAbout1995.05.17 CITY COUNCIL MINUTESDATE: (051795)
City Council
5/17/95
7:00 A.M.
State of Idaho)
County of Madison( ss
City of Rexburg)
Present were: Mayor: Nile L Boyle
Councilman: Kay Beck
Farrell Young
Nyle Fullmer
Bruce Sutherland
Excused: Jim Flamm
Glen Pond
City Clerk: Rose Bagley
Finance Officer: Richard Horner
Attorney: J. D. Hancock
Engineer: Joe Laird
Members of Planning & Zoning attending: John Millar, Jim Long, Mary Ann
Mounts, Ted Whyte, Richard Smith, Eric Erickson.
Pledge to the flag.
A motion was made by Farrell Young and seconded by Kay Beck to approve
the minutes. All Aye.
RE: REPORT FROM P & Z ABOUT THE AUTO SALVAGE YARD
TOPIC: (19,127...P & Z,SALVAGE YARDS,ZONING,IMPACT ZONE)
Richard Smith acted as spokesman for Planning & Zoning to make a report
to the City Council about the request from Tom Goe to put a new
business north of town. The P&Z met last Wednesday to discuss the
presentation that Mr Goe made with respect to the proposed business at
the old Teton Drive Inn. There were a number of conclusions that the
P&Z came up with.
The things they reviewed about his business that are peculiar with
regard to his business. It was understood by the commission that any
dismantling of automobiles would be conducted in an indoor situation.
The front portion of the property will be used for the sale of used
parts which would be allowed under H.B.D. The back portion of the
property will be used for storage of vehicles which would be entirely
enclosed with a fence. The crusher would be inside of the building.
The vehicles would not be stacked and they would not be stored for a
long period of time with a maximum of storage being 6 months. The
board discussed this issue and felt they should come to discuss it with
the city council and tell them what the board is considering and what
their thoughts are.
It was felt by the board that this would be a suitable location and
would not create any sort of a negative impact or different impact than
already exists in the area. The question is how do we accomplish that
goal yet maintain control over the business as to how it is going to be
developed as well as to address the concerns of the neighbors. The
commission felt also unanimous that we would not recommend a zone
change in the area. Currently that area is zoned H.B.D. and for a
wrecking yard or a junkyard or a recycling center which is the closest
definitions at what we are looking at right now, that definition would
only be allowed in an Industrial Zone. It is not a Conditional Use in
the H.B.D. If this business falls within the definition of a junkyard
or recycling center or some type of wrecking yard this would not be
able to be accomplished under the existing zone.
When the board looked at how to view this business, as to what category
to put it under, looking at the Land Use Schedule on page 27 of the
Rexburg Zoning Ordinance, you will notice that scrap and waste
materials (junkyards) are a Conditional Use Permit under the Industrial
Ia17.
zone. Recycling centers entirely enclosed in buildings are a permitted
use in Industrial Zone. Neither are allowed in a H.B.D.
On page 8 of the zoning ordinance Definition of Terms, (definition of
junkyard). The key to this definition is clear that the junkyard use
definition is in connection with open area activity and not within
closed buildings. On page 11 of zoning ordinance (definition for
recycling center or plant). What we have here is a business that is
fitting for both definitions. The one item that brings them within the
junkyard definition is that there will be wrecked used automobile
bodies stored on the premises for a certain amount of time. There was
a great deal of concern by the commission that in fact many businesses
that are currently allowed in H.B.D. are currently involved in the same
type of storing activities. There are certain parts or other things
that are stored outside of the businesses. According to this
definition, any business that stores used or second hand parts outside
their premises for resale, could fall under the definition of a
junkyard. It was the feeling of the commission that this was not the
intent of the council when the ordinance was adopted. The board finds
themselves in a situation not knowing exactly where to place the
definition of Mr Goe's proposed business.
The other alternative the board looked at was is on page 27 if a
business does not fall under a junkyard or recycling center definition,
it could fall under "all others" section which would allow under a
conditional use permit that type of business under H.B.D. In order for
that to happen there would have to be a conditional use permit
considered. On page 50 of the zoning ordinance, is the criteria for
conditional uses are spelled out. There are a number of safe guards
established in the zoning ordinance that would make it very easy and
very appropriate for the city council to become involved in setting
certain conditions upon his business that the commission felt would
answer many of the concerns of the neighbors.
The mayor asked if possibly the neighbor on the south, that was so
opposed, would under those conditions go along with it. Richard said
he had not had the opportunity of talking to the neighbors, but yes
their concerns could be met with conditions imposed upon the business.
Farrell asked, it was mentioned a 6 month time period for storage of
vehicles but if 100 vehicles were brought in and 100 were taken out,
there would always be that "eyesore" there, it does not matter how long
they are individually there.
Richard stated that Mr Goe told the board that the whole area would be
fenced with a non see through perimeter fence from the road or
traffic. One of the concerns of one of the persons who testified was
long term storage of cars increases the mouse population. One thing
with recycling them through every 60 days or 6 months, or whatever
condition the council would think appropriate, would make sure these
are moving and we would not have that sort of problem. There will be
cars but different cars.
Bruce stated one of the other problems would be the crushing that will
go on outside. If that is the case it would change the definition.
John Millar told him the crusher would be inside. Richard stated then
- all of the activities would be handled inside. The only thing that
would bring it into the junkyard definition would be the storage. The
commission finds a couple of problems. (1) we see not a clear direction
we should go under the zoning ordinance with respect to this business.
This is not a junkyard or a car dismantling business as you and I know
it. The further we get into this, it is a sophisticated business that
does not generate a great deal of noise, dust, odor and it is not the
normal junkyard we look at. The board is having a difficult time
categorizing under the existing definitions. (2) If in fact we can
place this under a conditional use under the existing H.B.D. That will
require a hearing before the council not the commission. This is the
type of conditional use permit that we cannot authorize. This will
have to go to public hearing before the council. (3) It was agreed
unanimously before the entire commission that before we make any
recommendations, we encourage Mr Goe to have a personal contact with
the neighbors to try to resolve many of these issues. To be done with
members of the commission or council to discuss what type of conditions
could be placed upon the business. They could address many of the
concerns of the neighbors thus making it an allowable business.
The commission would like some input from the council. He already owns
the property. There are three neighbors that are opposed. Many of the
business uses along that road are not totally dissimilar to that of Mr
Goes.
The mayor stated that looking at the pictures, his business would look
better than most of the businesses out there. He felt we need to get a
list from the commission that they think needs to be imposed and then
meet with the neighbors and see if they still object. If a conditional
use permit is done so the neighbors feel comfortable with it, it might
be a positive thing. Richard stated that he viewed it as we are going
through the process and trying to do what is right. The concern the
commission had was if this type of business is not encouraged and is
moved out in the county in an unzoned area, there will be absolutely no
conditions and that may be unexceptable.
Jim Long stated that Mr Goe submitted the conditions that California
imposes upon him which spells out the screening and landscaping.
Possibly we could assume he is willing to go with these conditions
here.
The mayor felt the P&Z should contact his attorney and get it all down
in black and white.
Richard stated after we move in this direction, there was some
discussion to clarify the ordinance. If we can get this accomplished
without getting our ordinance changed it would be the best.
RE: SIDEWALK ISSUE
TOPIC: (19,129,,, SIDEWALKS)
Sidewalk Issue- The mayor stated that Joe felt the part on the sale of
a lot or house would be hard to enforce. Mary Ann stated that the
commission felt that on the sale of a piece of property, it would put
an undue burden on them. The commission was unanimous on new
construction. Also that the sidewalks should be enforced with a city
wide L.I.D.
John Millar told the council the Chamber of Commerce have requested 30
days for their members to review the sign ordinance and make their
recommendations before the city passes it.
RE: RECYCLING
TOPIC: (19,129,,, RECYCLING,B.F.I.)
Wayne Baker, Christie Hamilton, and David Whitmore representing B.F.I.
were at the meeting to make a proposal on recycling. (giving a
handout) Mr Baker gave a history of American Recycling and also a
history of recycling in Rexburg. They now serve several commercial
accounts for cardboard. They also service the dropoff centers with
their compactor truck.
B.F.I. would like to offer an added service to the city by offering
curbside recycling to every residential account of the city. This
service would start with the distribution of a container. Every
residence would have a bin for separation of newspaper, aluminum cans,
tin cans, and white paper. Other items could be added as circumstances
develops. Every residence would be serviced weekly by B.F.I. with their
equipment and their employees and taken to Idaho Falls and separated,
processed and prepared for marketing in their Idaho Falls plant. This
would be done with no employees from the city. They are experienced in
handling a curbside collection program. All the recyclable will be
placed in the container unsorted with the exception of white paper
which needs to be kept separate and could be put in a plastic grocery
bag. The container could be placed out on the curb on their garbage
day and picked up by B.F.I. personnel. B.F.I. has a complete program
for education for recycling. They will have a trailer with displays,
pamphlets and handouts. This will be a trailer that will travel from
community to community. They also have a program and they go to the
schools and explain the program and how it affects our daily life.
The actual amount that you divert from the transfer station will vary.
If you add yard waste, it adds a lot of weight to the landfill. He
suggested that at a future time the city might want to add a composting
program.
The mayor asked if they had a program for that. They told him they do
get involved, but sometimes it is easy to set up a compost operation
and forego the cost of having to ship. It makes no sense to ship grass
clippings when you can compost that on sight. The mayor said we are
looking for that even more than recycling. Mr Whitmore said if you do
it curbside, you are looking at another truck. You can encourage the
citizens to bring it to a provided facility. The mayor stated he
thought a lot of citizens would bring it to a spot and asked what kind
of equipment is required for the city to handle it? Mr Whitmore told
him the city would be looking at basic shedders, grinders, chippers and
something to turn it like a frontend loader. The mayor told him we are
also going to have sludge from the treatment plant that could be
combined with this and we might have a salable product at the end.
The mayor asked, we were talking about contracting all the garbage
pickup to B.E.Z. and as soon as they found out the county had gone to
Jefferson County which is not a Sub Title D Landfill, they were no
longer interested in it and asked if we had a big liability. They said
they were interested but it was understood if they came in the waste
they would be handling would be going to the Sub Title D Landfill and
it does create an exposure. They usually go for the deepest pocket.
That is why we need to be careful. There is liability there by
continuing to use a non Sub Title D Landfill, but he has seen more
leniency toward governments than toward private industry in that area.
Mr Whitmore stated, it would be cheaper if people brought yard waste by
and dumped in a chosen spot.
This program could be in place 30 days after signing an agreement and
they would like to time it so it comes out with the regular billing.
The billing would be done through the city, however all complaints
would be directly to B.F.I. through the city or the residents. This
service will be $2.00 per month per resident. It is the experience of
B.F.I. that it is more successful if every resident signs up. It would
be mandatory. The mayor asked if they would do plastic pop bottles or
milk jugs? Mr Baker stated if plastic was added, it is difficult to
haul, and would take a separate route so there would be a additional 50
cents more if they did plastic.
Richard stated the costs we have been handling at the recycling centers
around town were over and above what we had budgeted. He and the mayor
had talked about closing those down because it costs $8000 a year to do
it. The mayor stated if the residents pay $2 a month and that much
garbage was taken out of the stream, maybe we could reduce the $2 fee.
Farrell asked if there would be any way the $2 fee could be absorbed by
the city because of our savings. The mayor did not think we could
absorb it. Joe asked how you could keep newspapers in the container
with the wind blowing? He said they would need to be put in a plastic
bag.
RE: DISCUSSION OF LINEAR FOOT CHARGE FOR UTILITIES
TOPIC: (19,130,,, UTILITIES,LINEAR FOOT CHARGE)
Discussion on the linear foot charge for utilities. The mayor stated
when we passed that ordinance, his feeling was that it was to recover
our fee from certain areas when we ran new lines, but the way it is
written it would be charged to the older areas of town. When Scott
Kidd got his permit for his apartments, he had to pay $820 for the
linear foot charge plus the hookup charges. When most of the lines
were put in it was with G.O. bonds, but on vacant lots they would not
have had to pay as much. (discussion) Kay felt it would be the most
fair to charge the linear foot charge for utility lines. Bruce stated,
look at Millhollow Road, those people got the advantage of the low
31
price of the property without curb and gutter. It was decided to
charge the linear foot for utility lines uniformly throughout the city.
RE: ENGINEERING AGREEMENT WITH FORSGRENS FOR 7TH SOUTH
TOPIC: (19,131,,, AGREEMENTS,7TH SOUTH,FORSGRENS,TRAFFIC,POLICE,
RIGHT OF WAY)
Engineering agreement on 7th South. The cost went down about $10,000.
A motion was made by Bruce Sutherland to approve the engineering
agreement for 7th South with Forsgren Associates. Seconded by Nyle
Fullmer. All Aye.
-- Nyle told the council we have a problem on 7th South on how we can
enforce traffic. The other day he was coming up the hill from the
Middle School and there were some kids out there tearing around cutting
the road up, so he called a police officer to come up and when they got
ready to site, they realized they couldn't site when it is private
property. The mayor suggested that maybe the campus police could site
on that road but we can't because we don't own it. We don't have a
public right -a -way because we want to use it for match next year. We
gave the college permission to put up stop signs on that road.
Bruce told the council when he was coming back south of town by the
Middle School, there were kids crossing the road with their bikes and
one kid had tipped his bike over in the middle of the highway and two
trucks instead of stopping at the stop sign drove through Andersons and
drove right in front of people. It is very dangerous, kids are riding
bikes in the road. We can't open 7th South up until we have that
fixed. The mayor questioned if we could get a traffic signal under
this project? Joe said he didn't know if we could get it under this
project. We would also have to justify the traffic to warrant it.
RE: IST READING OF WASTEWATER ORDINANCE 771
TOPIC: (19,131,,, ORDINANCES,WASTEWATER TREATMENT PLANT,WASTEWATER,
SURCHARGES)
Wastewater Ordinance 771 the first reading. What this does is adjusts
the surcharge for those businesses that have been in violation of their
discharge at the wastewater treatment plant. Richard told the council
it takes the users that are adding excess strain anything above 200
grams per leader. If they are above that they need an extra charge per
treatment. They went through the plant and came up with a figure which
is what it costs to remove it. (a resolution will set the limits and
costs) Joe stated there have been people in town that have been
exceeding these limits that city has not been charging for this
excessive strength, Ricks College, Sunglow, High Country Potato,
Mountain Gold, and Miles Produce in Sugar City and all of our car
washes. These places would be billed extra for that. The mayor told
them the car washes have put in pumps and if they clean them out they
will be okay. We will have the final reading of the ordinance and the
resolution at the next meeting.
RE: HORKLEY'S NORTH OF TOWN REQUEST FOR ANNEXATION
TOPIC: (19,131,,, HORKLEY'S,ANNEXATIONS,GARBAGE PICKUP)
Horkleys north of town have requested annexation and because he has
requested annexation, he has asked if the city would start picking up
his garbage immediately. A motion was made by Nyle Fullmer that the
city start picking up his garbage because he has requested annexation.
That he be charged the out of city rate until annexation. Seconded by
Kay Beck. All Aye.
RE: ANNEXATION OUT TO BUSINESS PARK
TOPIC: (19,131,,, ANNEXATIONS,BUSINESS PARK)
The mayor told the council that Joe needs some direction for annexation
out to the Business Park. To get there we might run into trouble
annexing the Livestock Auction. The choices we have is annex the
Livestock Auction, or go across the the street. Joe showed and
explained it on the map. Farrell asked why we have to annex the
Business Park. Richard suggested that because of the new tax law, we
shouldn't annex the Business Park until the lots are improved so we can
get that value into our property tax. The mayor told the council they
had stated that water and sewer did not go into unannexed areas. The
council stated if we own the property that is different. It was also
suggested by Nyle Fullmer that it would be added responsibility for the
police to go out for police protection and also added costs for street
maintenance. The mayor stated we need to look at different options.
RE: NATURE PARK GRANT
TOPIC: (19,132,,, NATURE PARK,GRANTS)
The mayor told the council we did get a letter that we have been
granted $208,000 for a grant for the Nature Park.
RE: SIDEWALK RESOLUTION 95.06
TOPIC: (19,132,RES,95.06,SIDEWALKS)
Discussion on the Sidewalk Resolution 95.6. A motion was made by Kay
Beck and seconded by Bruce Sutherland to pass Resolution 95.6 in its
entirety. All Aye.
RE: DEVELOPMENT AGREEMENT WITH RICKS/PALMER SUBDIVISION & LDS CHURCH
TOPIC: (19,132,,, AGREEMENTS,RICKS/PALMER SUBDIVISION,LDS CHURCH,
UTILITIES)
Development Agreement with Dean Ricks and Gene Palmer and the L.D.S.
Church for the extension of the streets in the Ricks Palmer
Subdivision. J. D. said there needs to be some corrections, also this
final extension of the plat has not been approved yet. We would have
to wait. We could approve the over sizing of the utility lines. A
motion was made by Bruce Sutherland to approve the over sizing of the
lines in the Ricks Palmer Subdivision. Seconded by Nyle Fullmer. All
Aye.
RE: DISCUSSION ON WEED MOWING AND SPRAYING
TOPIC: (19,132,,, WEED MOWING)
Discussion on weed mowing and spraying. Kay had a complaint from Jay
Risemay about the lot next to them. Kay had understood that we spray
some lots and they will be done by a licensed sprayer. (discussion) A
motion was made by Kay Beck that lots with weed have to be sprayed or
mowed within a certain time limit effective now or the city will have
it done at the property owner's expense. Seconded by Nyle Fullmer.
All Aye
Clair Boyle was at the meeting. He announced that tonight at from 4:00
P.M. to 7:00 P.M. the Sugar City Council has an open forum on the
Highway Interchange by Sunglow. They would like Rexburg's support.
RE: LIFE GUARDS AT THE SWIMMING POOL
TOPIC: (19,132 ... LIFE GUARDS,SWIMMING POOL,CITY LIMITS)
Clair also discussed Life Guards at the swimming pool. He ask about
the policy that requires employees to live within the city and they
have no problem with that except for their life guards. It takes
specialists and not everyone is willing to become qualified as a Life
Guard. If we restrict it to just city residents, that can be a real
problem and it would hurt safety. Nyle Fullmer suggested that it would
be a good idea to sponsor a clinic for qualification of Life Guards.
A motion was made by Nyle Fullmer that if we can't find qualified Life
Guards that live within the city, that Clair be allowed to hire from
outside the city. Seconded by Farrell Young. All Aye
RE: USE OF BALL FIELDS
TOPIC: (19,132,,, BALL FIELDS)
A discussion on Ball fields. They get the ball fields prepared and get
them ready within two hours and we don't want kids on the fields before
a game. The City Hall had a complaint from a resident that wanted to
use the diamond to practice ball with his kids and Jack would not let
him. The mayor stated he had a problem with it, because this fellow's
little kids had trouble batting and he had him throwing the balls up
against the back stop. Clair said the problem was the kids was playing
in the field as the other child was batting. Be would like to put bags
with screens and netting for a back stop in the out field for that
purpose. The mayor said we need to have the fields available for the
people to use. (discussion) A motion was made by Bruce Sutherland that
we make a sign and put it up, but we need to be courteous.
A motion was made by Bruce Sutherland and seconded by Nyle Fullmer to
pay the bills. All Aye
Meeting adjourned.
Mayor, Nifq L. Boyl.
city clerk, Rose Bdgley�-