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HomeMy WebLinkAbout1995.06.07 CITY COUNCIL MINUTESDATE: (060795) State of Idaho) County of Madison( ss City of Rexburg) Those Present: Mayor: Councilman: City Clerk: Attorney: Engineer: Excused: City Council 6/7/95 7:30 P. M. Nile L Boyle Bruce Sutherland Glen Pond Nyle Fullmer Farrell Young Rose Bagley J. D. Hancock Joe Laird Kay Beck Richard Horner Brooke Passey, County Commissioner was at the meeting. Pledge to the flag. A motion was made by Nyle Fullmer and seconded by Bruce Sutherland to approve the minutes. All Aye A motion was made by Nyle Fullmer and seconded by Bruce Sutherland to approve the minutes. All Aye. Farrell Davidson was at the meeting to present an A.P.W.A. Award. The American Public Works Association Chapter of Idaho, Montana and Wyoming presents an award for the contractor of the year. These awards were presented in Cheyenne, Wyoming and since no one was there, we will present this award tonight. He presented it to Jim Spindler, Spindler Construction for being the contractor of the 7 million dollar treatment plant in Rexburg. RE: REQUEST FOR STRIPES ON BARNEY DAIRY ROAD TOPIC: (19,134,,, BARNEY DAIRY ROAD,STREETS,MADISON COUNTY) We have had a request to put stripes down the center of Barney Dairy Road to make it safer. Part of it is in the county. Farrell Davidson stated that a center line would definitely help. If it would save a road it would be worth it. The mayor told Farrell to get with Brooke Passey and Dusty and see if it is worth while and if it is we could get together and do it. RE: BUILDING INSPECTION OF REFLECTIONS - BUSINESS LICENSE TOPIC: (19,134,,, BUSINESS LICENSES,EGRESS,BUILDING INSPECTIONS, FIRE DEPARTMENT,REFLECTIONS) Business regulations on Ingress and Egress. The mayor gave some background. When a business goes into a vacant building, it necessitates an inspection to reopen. Over the years we have not actively enforced some things in those old buildings. There comes a point for safety reasons they need to comply. The business is "Reflections" in where Zippy Ship and Copy was. Debbie Sorensen came in and applied for a license and she was told she would need an inspection. Paul Sorensen stated when they did the inspection they decided there were a few things they needed to do one of which included a second entrance to the basement and their concern with that was it would make it hard for them to compete when other businesses were not required to do that in the past. It also makes it hard to be in the front part of the building, where they want them to put the second entrances tile and concrete so it would be a lot of added expense. They have two tanning beds down stairs. They utilizing about one third of the basement. The maximum load down there is two people at a time. Joe stated that the U.B.C. is quite specific that there will be two exits out of basements for any type of commercial establishments such as this. Debbie said they understand that is the case but their objection is we have to comply to is and not everyone else. It would make it hard for them to spend $5000 to put a stairwell in if that is possible. All of the downtown does not have two exits out of their basements. It will just make it so no one will be able to use their basement on Main Street in those old buildings. It would be hard to access from back or front. Spence Larson, Fire Chief, was at the meeting, he stated anytime you use a basement for a public facility then they are required to have two escape routes depending on the size there are other regulations. A basement is the most hazardous for a fire. The mayor asked what if they had two exits and as soon as you inspected it they closed one up and only have one exit now and we go back and inspect again? Joe said that is really what needs to be done is go back and reinspect it to see if it meets the requirements. Glen asked how often they go back to do the inspections? Joe said anytime they get a call they would inspect. Debbie said she went around and checked and the only building that had two exits from the basement was the Bee Gee's building. The mayor discussed there are a lot of businesses that do not have two exits from the basement. The Fire Chief stated it is hard to go around and tell businesses that have been in business for years and are grandfathered that they have to be up to code. When they try to get a permit or do a lot of remodeling and change their use of their business then they try to get the new things up to code which also helps with their Insurance Rates. The fire department is going to do some pre -fire planning and will be catching a lot of businesses that have violations but have gotten away with them over the years. Nyle stated that as we have come up with the problems we have dealt with them since we have hired a qualified building inspector. He did not know how we could knowingly say we will over look this one. Mr Sorensen asked if the city would go back to all the businesses in violation since 1976? Nyle said as we do as Spence says or the business or building changes hands we will catch it and address the problem. John Freeman (Zell Grover Freeman's husband, owner of the building) was at the meeting and stated he didn't think the city could single out a business for that violation, if you did you would open the council to an OSHA inquiry and you would have a lot of trouble. Nyle felt we hadn't done that, but maybe we are open for that now, but that being the, case are we more at risk to say they didn't do it so we are going to allow you not to do it or are we better to say we recognize the problem and have made mistakes in the past, but we aren't going to continue to make the mistakes. Mr Freeman stated the city is going to force a property owner to spend thousands of dollars to conform to the code but not enforce it for the others? The mayor said we would have to enforce it as we go around and catch them. Spence stated that the Fire Code has grandfather clauses because they realize that once a business has been built or in place it is difficult to go back and completely redo it. If a business was on line after the code was in place then they should have met the code. Joe stated the way the code says there should be two exits no matter what, but they have allowed storage in the basements, if the tanning beds were moved up stairs it would make a difference. Mr. Sorensen said their problem is they remodeled and put carpet down and are open and now they say we need another entrance which entails a lot more remodeling. If they put in another entrance, half the building is useless. If they have to come up to fire code and the cost is $5000, why doesn't everyone else? Debbie said when the building inspector came, he had a big "tizzy" with a room full of people and embarrassed her and told told people she was putting their lives in danger down in the basement. She felt it was a mistake to let the other businesses continue in violation. Mr Sorensen said if they would have known it from the beginning before they did anything, it would have helped. She was told all she had to do was pay for a fire inspector fee of $10 and they would reissue the Business License. She left phone numbers and was not called until two days before they were open. The building inspector is the maintenance man at the building they previously had their business and knew how to get in touch with her. The carpet was $1200 that they would not have put it in if they had known. Rose told her she always tells everyone they have to have an inspection before they can be issued a business license for safety. Glen asked when she was issued a business license? She still has not been issued the license. The mayor told them as soon as the city is aware of a problem and doesn't do anything we are open for a law suit. We need to do something. Jim Flamm made a motion that we study it for a couple of weeks and see what we can come up with for alternatives. Nyle asked Joe if we could go over there with a creative mind and see what could be done. Debbie asked if the city makes them come up to code will you make everyone else? Nyle told her as the problems of transition comes up we have tried to enforce that. Spence told them the Fire Department is trying to get on top of these problems when they are in the planning stage. They are also going to inspect all the businesses through out the year and some of them will have to make changes. Jim stated he felt that we have been consistent since Joe has come to work. Part of the problem is we are not always aware of what is going on in these buildings. Sometimes conversations lead us to think one thing when another thing is happening. Nyle told them Rexburg is not a small town anymore and the council is trying to do the things the best way the can. Mr Freeman stated the council needs to be careful not to drive business out of Rexburg. Jim told him some of these things we don't have choices on. RE: GREEN WATER TOWER COMPLAINT TOPIC: (19,136,,, WATER TOWER,WEEDS,LANDSCAPING) We have had complaints about the weeds and a view obstruction problem with the retaining wall that blocks the view as you come off of 5th South. DeLynn had told the mayor they cut the weeds and spray them twice a year. Bruce asked how hard it would be to put grass in around the tank? Farrell Davidson said he had suggested to sterilize the ground and put gravel on it. Jim suggested that we plant trees around that tower so it looks more like a park and it would keep the kids from throwing rocks at the tower. Farrell suggested that we fill it with dirt to the retaining wall and landscape. Bruce agreed there should be trees and landscaping. Nyle suggested that we get an estimate to get the wall cut back so it does not obstruct the view and get an estimate on trees and landscaping. RE: DIGGING PERMITS TOPIC: (19,136,,, DIGGING PERMITS,STREETS) Digging Permits- (Joe gave everyone a handout) Joe explained there are sample ordinances from Idaho Falls and requirements and also Contractor Licenses that would require a license and bond before they did into the street that could be used to take care of places that have sunk down or curb and gutter that are broken from the digging. We need to have a policy of three or seven days that they need to be taken care of. The mayor felt we need to change instead of having a set $50 administrative fee for the digging, we should have so much per square foot. We need to develop a square footage fee that isn't refundable. Jim suggested a basic fee and a square footage fee over a certain size. RE: GAS FRANCHISE FEE TOPIC: (19,136,,, FRANCHISE FEES,ORDINANCE) Gas Franchise fee. The mayor's feeling is that we are not going to be able to raise that same amount of money with a digging permit fee that we do with a Franchise. He did not think we could pass up that Gas Franchise fee. If we do it by Idaho Statute, you can not charge the gas company digging permit fees. All you can do is make sure they are bonded and make sure they repair the streets satisfactorily. Discussion on the changes on the proposed ordinance, go from 30 years to 10 years and some word changes and they did agree they would pay quarterly instead of annually. Franchise Fee Ordinance 774. A motion was made by councilman Bruce Sutherland 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 774 with changes on the ordinance with the 10 year and the quarterly payment. _ Those voting aye: Farrell Young Glen Pond Nyle Fullmer Jim Flamm Those voting nay: Bruce Sutherland Nyle Fullmer made a motion to pass the ordinance and seconded by Jim Flamm. Jim asked Bruce the reasons for not voting for it. Bruce said '.... he disagreed with the whole situation, with how Intermountain Gas presented it because they won in the Legislature. It would not have cost them anymore and would have helped the city a lot. Nyle withdrew `-- his motion. He suggested that maybe we don't want to go with 10 years, because maybe the Legislature will come back and readdress the issue. J.D. said we could put an escape clause in the ordinance. The council suggested that we give them two years instead of ten and see what happens with the legislature. Nyle said he would modify his motion for a two year agreement, he did not want to be bound to them for ten years. Glen suggested that we table it until the next meeting until we get it written with the changes and the council has a chance to read it. RE: OVERRIDE ELECTION DISCUSSED TOPIC: (19,137,,, ELECTIONS,STREETS,U.P.& L.) The mayor told the council we need to decide tonight if we want to go with an Override Election? Glen suggested that if we go with an Override Election, and if the Override passes that should be a condition that we move the U.P.L. franchise back to 3% and do the streets with the money from the Override. (discussion) Jim stated that the Franchise fee is the fairest tax. Glen expressed that it is the wrong way to collect the money for what you are spending it for. The mayor stated that it is the only way the Legislature will allow you to do it. Jim said he would not want to go for it unless we come up with a 10 year plan. A motion was made by Bruce Sutherland to go for an Override Election. (discussion) Joe said we have more street problems than we know what to do with. We need to get people involved and get the facts out. RE: RESOLUTION 95.08 - OVERRIDE ELECTION FOR MONEY FOR THE STREETS TOPIC: (19,137,RES,95.08,ELECTIONS,STREETS) Mayor Boyle read Resolution No. 95.08 A RESOLUTION PROCLAIMING A SPECIAL CITY ELECTION TO BE HELD ON AUGUST 1, 1995. DESIGNATING THE POLLING PLACES, DESIGNATING THE REGISTRAR AND DEPUTY REGISTRARS, AND ORDERING THE CITY CLERK TO GIVE NOTICE OF SUCH ELECTION. A motion was made by Jim Flamm and seconded by Bruce Sutherland to pass resolution 95.8. All Aye RE: ORDINANCE 773 - ESTABLISHING ELECTION POLL HOURS TOPIC:(19,137,ORD,773,ELECTIONS,STREETS) Mayor Boyle read Ordinance No. 773 AN ORDINANCE ESTABLISHING ELECTION POLL HOURS FROM 8:00 P.M. FOR ANY REXBURG CITY ELECTION AND PROVIDING FOR EFFECTIVE DATE. A motion was made by councilman Bruce Sutherland 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 773. Those voting aye: Bruce Sutherland Jim Flamm Nyle Fullmer Glen Pond Farrell Young ordinance 773 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 Jim Flamm that ordinance 773 be passed. Those voting aye: Bruce Sutherland Glen Pond Jim Flamm Nyle Fullmer Farrell Young The roll showed all councilman 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. The council suggested that we need work meetings right away with the committee. RE: ORDINANCE 772A - SURCHARGE FOR EXCESSIVE STRENGTH TOPIC: (19,138,ORD,772A,SURCHARGES,E.P.A.,WASTEWATER TREATMENT PLANT) Ordinance 772A AN ORDINANCE AMENDING ORDINANCE NO. 645 TO REDEFINE THE METHOD FOR DETERMINING THE SURCHARGE FOR EXCESSIVE STRENGTH; AND PROVIDING FOR THE EFFECTIVE DATE OF SAID ORDINANCE. Jim, Joe and Donna are going to meet with the users and go over the program because if they aren't careful and take care of their problems, they could be charged some pretty heavy surcharges. Jim suggested that there has been adequate research done on the costs. He explained it. We are regulated so heavy from E.P.A. They tell us what goes into the plant and what goes out. He suggested that we pass the ordinance the way it is and implement it October 1, to give us time to work with the Industrial and Commercial users to let them know exactly what they need to do to be in compliance and give them time to come into compliance or reduce or eliminate the surcharge the best they can and then implement the surcharge October 1. There are six that would be affected. A motion was made by councilman Bruce Sutherland and seconded by Nyle Fullmer that the rules requiring an ordinance of general and permanent nature to be read on three occasions be dispensed with and that said ordinance be numbered 772A. Those voting aye: Nyle Fullmer Bruce Sutherland Jim Flamm Glen Pond Farrell Young Those voting nay: none Ordinance 772A 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 Jim Flamm and seconded by Glen Pond that Ordinance 772A be passed. Those voting aye: Nyle Fullmer Bruce Sutherland Jim Flamm Glen Pond Farrell Young 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: RESOLUTION 95.07 - SURCHARGES - WASTEWATER TREATMENT PLANT TOPIC: ('19,138,RES,95.07,SURCHARGES,WASTEWATER TREATMENT PLANT) Resolution 95.7 pursuant to City Ordinance No. 772A, BE IT RESOLVED by the Rexburg City Council, effective October 1, 1995, that the maximum "normal" amount of Biochemical Oxygen Demand (B.O.D.) and Total Suspended Solids (T.S.S.) are herewith both established to be 200 mg. per liter; and that the "Surcharge For Excessive Strength" for B.O.D. and T.S.S. quantities in excess of the above -stated "normal" quantities of B.O.D. and T.S.S. be: $0.36 per pound for B.O.D. and $0.18 per pound for T.S.S. A motion was made by Jim Flamm to pass resolution 95.7 with the effective date October 1. Seconded by Nyle Fullmer. All Aye. RE: RICKS/PALMER SUBDIVISION ADDITION PLAT TOPIC: (19,138,,, RICKS/PALMER SUBDIVISION,AGREEMENTS,PLATS) Ricks Palmer Subdivision Addition Plat. Bruce explained that when the P&Z met there was not a quorum, but those that were there recommended that it be approved contingent upon a full quorum approval. There is also a Development Agreement to be approved. A motion was made by Bruce Sutherland to approve the plat contingent upon the P&Z final approval. Seconded by Jim Flamm All Aye RE: BUSINESS PARK PLAT APPROVED TOPIC: (19,139,,, BUSINESS PARK,PLATS) Business Park Plat. Phase 1 of the plat and phase 2 construction. A motion was made by Glen Pond and seconded by Bruce Sutherland to approve the plat contingent upon the final approval of the P&Z. All Aye RE: ARTCO PLAT APPROVED TOPIC: (19,139,,, ARTCO,PLATS) Arco Plat- A motion was made by Glen Pond and seconded by Nyle Fullmer to approve the plat contingent upon the P&Z final approval. All Aye. RE: FIREWORKS PERMITS GRANTED TOPIC: (19,139,,, FIREWORKS) Fireworks Permits: Brenda Pollard- K&R Lanes Parking Lot Don Hunter 129 West Main J.K. Marketing 74 West Main Western Fireworks 490 North 2nd East Pyrodyne American DBA, Beehive Fireworks- 530 No 2nd East Flying Phoenix Corp. Corner 5th West & Main Beehive Bookstore Inc Parking Lot- 259 North 2nd East A motion was made by Jim Flamm and seconded by Nyle Fullmer to approve the Fireworks Permits. All Aye Discussion on the next meeting in two weeks. It was decided to have the next meeting Tuesday, June 20 at 7:00 A.M. RE: AGREEMENT FOR THE RICKS/PALMER SUBDIVISION ADDITION TOPIC: (19,139,,, AGREEMENTS,RICKS/PALMER SUBDIVISION) A motion was made by Glen Pond to give the mayor the authority to sign the agreement for the Ricks Palmer Subdivision addition. Seconded by Farrell Young. All Aye RE: OBJECTION TO SIDEWALK RESOLUTION TOPIC: (19,139,,, RESOLUTIONS,SIDEWALKS) Jim Flamm thanked the council for passing the Sidewalk Resolution while he was gone. Glen Pond was not at the meeting when this was passed. Glen asked to go on record that we was opposed to the Sidewalk Resolution. RE: 4 WAY STOP SIGN TOPIC: (19,139,,, STOP SIGNS,2ND EAST,IST SOUTH) The mayor told the council the Police are checking out the request to change the 4 way stop sign on 2nd East and on 1ST South. They will make a recommendation for next meeting. A motion was made by Jim Flamm to go into executive Session on a personnel matter. Seconded by Bruce Sutherland. All Aye Back in regular session, a motion was made by Bruce Sutherland to pay the bills. Seconded by Jim Flamm. All Aye Meeting adjourned. L'2 � Mayor, Nile L Boyle City Clerk, Rose Bag.�ey/