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HomeMy WebLinkAbout1995.07.19 CITY COUNCIL MINUTESDATE: (071995) State of Idaho) County of Madison( ss City of Rexburg) Present were: Mayor: Councilman: Excused: City Clerk: Engineer: Attorney: Pledge to the flag. City Council 7/19/95 7:30 P. M. Nile L Boyle Glen Pond Kay Beck Jim Flamm Farrell Young Nyle Fullmer Bruce Sutherland Rose Bagley Joe Laird J. D. Hancock A motion was made by Jim Flamm and seconded by Glen Pond to approve the minutes. All Aye RE: SOROPTIMIST CASH DONATION FOR PLAYGROUND EQUIPMENT TOPIC: (20,5,,, SOROPTIMIST CLUB,A.D.A.,PLAYGROUND EQUIPMENT,PARKS, RECREATION) Jackie Gorton representing Soroptimist was at the meeting to present check for $1000 to the city. This money is to go into a fund to purchase Handicapped Accessible playground equipment for Porter Park. We would like the money to remain in the fund until the full amount of the money is raised so the equipment can be purchased. The Soroptimist International of Rexburg will also dedicate their fund raisers for the next year to this project. There needs to be approximately $3000 to $5000 in this fund. They would like the money to be held until the balance of the money is raised to go with a grant. The mayor stated that the City was happy to accept the money and will hold it in a fund for new playground equipment. RE: DARE PROGRAM - FEDERAL GRANT TOPIC: (20,5 ... DARE PROGRAM,GRANTS,BUDGET) Roy Klinger, representing the DARE program. This program is in their third year, which is the last year of the Federal Grant. We have $12,000 from Federal money, they have asked the County for money, Madison School District, and Sugar City School District for money. They would like to ask the City Council for $10,000 to help fund the DARE program. The mayor said we would put it in and take a look at it when the budget comes. In the budget they need for the DARE program approximately $50,000 a year. Kay suggested that he have it all broken out so the council could see the money to be received and expenses. The person that has those figures is out of town, but as soon as he can he would get the figures to the council. The mayor stated that we wanted the DARE program to keep going, but we don't know what the budget will be like. Nyle stated that his concern was we made a commitment to the DARE Program three years ago that we would be ready to help fund it completely. The mayor stated if we give the DARE program money we might need to cut the police budget some place else. Roy stated that they have a DARE Association to keep it separate from the Police Department. Gas Manwaring of the DARE Association was at the meeting with a budget to give to the council. RE: WOOD STOVE INSPECTIONS TOPIC: (20,5,,, WOOD STOVES,INSPECTIONS,FIRE DEPARTMENT) Spence Larson, Fire Chief was at the meeting to discuss Wood Stove Inspections on residential property. Reading a letter (copy on file) Not many departments do resident stove inspections. A new installation on a new home, would be covered under the building officials. They would have the opportunity to see the installations as they go in. A lot of the fires they see are from fires that they can't see after the sheet rock has been hung. Spence said his recommendation is to the private sector and let them do the inspections for the real estate and insurance people. The fire department would still be willing to work with the people and educate them and give recommendations on what should be done. The mayor stated if there is a private sector to perform that inspection, he did not have any problem unless we start charging. Wayne Holladay, Realtor, was at the meeting he stated that it is usually the lender that wants the inspection. Jefferson and Bonneville County use the private sector to do the inspections. It would not make any difference to the Real Estate people as long as there was someone to do it. Glen thought insurance agents do their own, so he did not have a problem with us not doing it. The Fire Commissioners concern was to have a unified policy. Mr Holladay added they would hope they would be able to get someone to do them. Gordon Tychsen used to do them and did a good job. Spence said Gordon is looking at doing that now in the Private Sector and he would be ideal for that. Nyle asked if we were obligated to do these inspections? Spence said many inspections we are obligated to do, commercial, rentals these type of things we do have some legal obligations. To enter into a private residential home, he feels we don't have a right to be there. Nyle asked if it was taking the fire department away from things they should be doing? Spence said it takes up a lot of time. In the past two weeks they had probably done 15 inspections. The majority of them are out in the county and we have to pull people in to cover the station and that is part of his concern. A motion was made by Nyle Fullmer to adopt the policy as proposed by the Fire Chief and recommended by the Fire Commissioners. Seconded by Kay Beck. All Aye. RE: RECESSED DOORS ON MAIN STREET TOPIC: (20,6,,, RECESSED DOORS,MAIN STREET,DOLLAR MANIA,U.B.C., GRANDFATHER CLAUSE) Wayne Holladay- (showed pictures of entrances of his building, plus other businesses entrances) Dollar Mania is coming into town. They have committed to Rexburg to come in for five years. It would be an asset to that corner on Main and College Ave. In the negotiations for this lease they basically are taking 4000 square feet of that space. Joe Laird and Blair Manwaring informed him of the U.B.C. requirements. He has measured the sidewalks and they are 11 foot wide sidewalks. The doors are suppose to swing out 1 foot over the sidewalk but they do go over the sidewalk about 2 1/2 foot. They are asking because of the width of the streets and sidewalks there is plenty of room, that they be allowed to not recess those doors. Those doors were that way in the building for about 40 years. They would like to leave the doors the way they are and be able to use the space. They are here tonight to see if the council will agree to that. The planter boxes on the sidewalks are not in a very good location, if there is a concern of safety. (showing pictures of other businesses) Showing the back door which would be recessed. It has been there a long time the same way. Kay said his first concern was safety, but it looks like there is plenty of room. Some of the photos are on private property instead of public property. Joe explained the code, there is not a city ordinance. From the U.B.C. "Doors Sec. 4507 Power -operated doors and their guide rails shall not project over public property. Other doors, either fully opened or when opening shall not project more than 1 foot beyond the property line, except that in alleys no projection beyond the property line is permitted." If it is on private property it is okay but not on public property. Kay asked what the policy was with planters and other things on the sidewalks? The mayor told him we had an ordinance restricting things on the sidewalk to three feet. Rose told them we also require a certificate of liability insurance for stores that have things on the sidewalks. Nyle asked if the property had changed hands is it still grandfathered? Wayne said they were not changing anything except putting in a petition wall. J. D. stated that as long as the use remains the same the Grandfather Clause is in effect. Wayne said they would also have liability insurance. Nyle said it would seem to him that the Grandfather Clause is in effect and he would not need to make the change. Joe felt that the building had been vacant so the Grandfather Clause would not be in effect, because it had changed hands. Glen stated that there has been several stores over the years in there, he thought if there was major reconstruction being done then we should have the doors recessed but where it has been that way for a number of years and it is going back into the same type of retail outlet, he was not sure that they should be required to change it. Nyle said that was his feeling too if they were doing a major remodel and really changing the use he could see it, but because it is not changing the use he did not think it was necessary. J. D. told them the Grandfather Clause relates to the type of use not to the change of ownership or lessee as long as you obtain the same general use for a retail business and this is the same general use and the grandfather clause should be applicable. The mayor asked about the change from a retail store to a beauty shop, was that a change of use? Glen said these were two different issues. Nyle did not feel it was the same, before they were letting only employees in that basement for the retail store and the beauty shop was letting the public down in the basement. The mayor said we need to decide when does the change of use do away with the grandfather clause when we pass the U.B.C. J. D. said we can look in the Zoning Ordinance which gives the general categories for types of businesses. That will tell you if it fits in the same general category. Beauty Salons are definitely different than a Beauty Salon. Glen said this sounds like a grandfathering issue so he did not think there was an issue. A motion was made by Nyle Fullmer that this is a grandfather issue and that it be allowed. Seconded by Glen Pond. All Aye RE: COST OF LIVING SET FOR 1996 TOPIC: (20,7,,, COST OF LIVING,BUDGET) We need to set the cost of living for next year for the budget. The newest cost index out of the American City and County Magazine says the percentage for the last 12 months has been 3.2%. Brooke Passey said the county was looking at going with 3%. (discussion) A motion was made by Nyle Fullmer to tentatively go at 3% contingent on how the budget goes. Seconded by Jim Flamm. All Aye RE: BIDS FOR SPRINKLING SYSTEM AT NATURE PARK TOPIC: (20,7,,, BIDS,NATURE PARK,SPRINKLING SYSTEMS,ARTESIAN) Bids for Sprinkling System on the north end of the Nature Park. We bid it for labor. The city bought all the pipes and parts. The bid would be so much per hour. The lowest bid that DeLynn and Farrell wanted to go with was from Artesian. (discussion) This is for the grant. Glen and Nyle were concerned about not getting a firm bid and bidding only by the hour. DeLynn and Farrell will supervise it. A motion was made by Glen Pond that if there is supervision on the project we go with the lowest bid by Artesian. Seconded by Nyle Fullmer All Aye RE: 2ND READING OF THE SIGN ORDINANCE TOPIC: (20,7,,, SIGN ORDINANCE,SIGNS) 2nd Reading on the Sign Ordinance. RE: DOWNTOWN PARKING TOPIC: (20,7,,, DOWNTOWN PARKING,SIGNS) Downtown Parking- The mayor reported they called a meeting of a committee Mr Gardner from the Beauty College, Romneys from Millhollow Yogurt, Ken Benfield, Vern Liljenquist, Chuck Porter, the mayor and three councilman. They decided to take the section of Carlson Avenue from 1st East to College Ave, take the signs down that say two hour parking and allow unlimited parking on Carlson Ave. They decided they want six parking spots only in the parking lot behind Porters the six farthest east on the south line will be unlimited parking. Everything else in that parking lot and the spots over by Millhollow Yogurt will be two hour parking. They will all be signed for two hour parking and it will not be enforced on that six. That was the recommendation of the committee. Vern and Chuck have already rented 20 spots from the Key Bank for their employees. A motion as made by Glen Pond to approve the recommendation. Seconded by Nyle Fullmer. All Aye RE: SNOWMOBILE TRAILS TOPIC: (20,8,,, SNOWMOBILE TRAILS,COTTONTREE INN,COMFORT INN, 7TH SOUTH) Dave Payne County .Parks & Recreation- He had already approached the County Commissioners and the Rexburg Planning & Zoning about a groomed snowmobile trail to the Cottontree Motel. Rusty has stated he would allow anyone to park there. At the discretion of the commissioners, he serves on the Yellowstone Teton Travel Territory travel council. They are waiting right now on a grant to go back to winter snowmobile shows in Minneapolis, if we get the grant someone will go out. People want a place to go besides West Yellowstone. In May he took an extended vacation distributed brochures all the way from Bismarck all the way to Minneapolis and the reception from everyone was this is great. The biggest complaint was you get to Yellowstone and you have no place else to go, so we have a wide open door to possibly fill our motels. His trail in past years has come past Jensens, across the field down to Dell Barney's right across the road. Now he would like to, instead of crossing the fields it would come right down adjacent to pole line road, up Skyline Road on down to 7th south and take which ever side is more convient on 7th south to 191 and turn on up to the Cottontree Inn. The recommendation of P&Z was to go for that now and if they get the Bike Path figured out use it as an entrance. He is asking the council's permission to furnish a groomed trail to the Cottontree. Nyle told him 7th South isn't ours it is private property through the college until it becomes a city street you would have to get permission from them? He asked about a concern for them to cross the highway. Glen had a concern about them crossing 2nd East? Dave said his recommendation would be when they hit the city limits to put a speed limit on them and that it be posted like that all the way in. Farrell asked if there was a problem giving preferential treatment to one motel over another? J. D. stated that P&Z recommended that they come in from the north down to the Comfort Inn. Dave said that would be next on the agenda. Nyle wondered about a liability crossing the highway? It is a county -city road. (discussion) A motion was made by Nyle Fullmer and seconded by Glen Pond to give Dave an endorsement to go forward with it. Seconded by Glen Pond. All Aye (there is still a problem with 7th South) Dave said he was going to get in touch with Comfort Inn. RE: STOP SIGNS - 2ND EAST, CENTER STREET TOPIC: (20,8,,, STOP SIGNS,IST SOUTH,CENTER,3RD SOUTH,2ND SOUTH, 2ND EAST) We had a recommendation from the Traffic Safety Committee about some stop signs. The police department gave the mayor some more information - showing the wrecks at the corner of 1st South and Center and the traffic count. They still feel strongly that 1st South should be left '.. as a through street and recommend that we increase signage on Center Street. As far as wrecks go there has been more on 1st South and Center. If it is okay with the council we will just go ahead and improve the signage on 1st South and Center. The other recommendation was to take the stop signs off lst South and 3rd South on 2nd East and just have one on 2nd South and 2nd East. Nyle said he had some negative comments from the neighborhood about that. Kay said he had one call and their concern was something needs to be done on 2nd South and 2nd East. Nyle said 3rd South and 2nd East is difficult but it is going to be more difficult at 2nd South 2nd East because the grade is still there at the top of the hill it has started to flatten out. The mayor told the council that Blair Siepert's Li comment was you are putting the signs there to help the neighborhood, but there are 3000 cars driving that a day and having to stop. Glen stated when we widened that street, we had the agreement with those people that is where we would put those stop signs and he had a hard time deciding all of a sudden that we are not going to do that. Nyle stated it is still a residential area and people may think we have a real problem at 2nd South and 2nd East, but he thinks we don't have a real problem. During the school year traffic will stack a little bit, but a lot of it is because the crossing guard is there and people are very cautious of it. If we had a problem it is the east -west traffic. The mayor stated that 1st and 3rd South does not warrant a stop sign if you go by the book. Glen told him that was the agreement we made when we widened 2nd East. (discussion) The mayor explained the number one rule is stop signs should never be used to slow down traffic. Nyle said he lives on that street and if we did not have the stop signs, it would be bad with a lot more accidents. If this was straight through the speed would be back up to 50 mph traffic and you will have accidents, speed is what causes accidents. (discussion on the rule that stop signs should not control traffic) The mayor claimed that if they checked the speed on that street no one would be going 50 mph. Nyle asked him to have it checked by Aspen Village. A motion was made by Kay Beck to add a 4 -way stop on 2nd South and 2nd East. (discussion) Seconded by Jim Flamm. Those voting aye -Kay Beck, Glen Pond, Jim Flamm, Voting nay- Nyle Fullmer, abstaining- Farrell Young. The mayor stated for now we will add a 4 -way stop on 2nd East which should be a through street with no stop signs. RE: PURSUING ANNEXATION OF THE BUSINESS PARK TOPIC: (20,9,,, ANNEXATIONS,BUSINESS PARK) The mayor discussed pursuing annexation of the Business Park. Glen Pond felt we should try to get the property annexed so the Business Park will be contiguous and we can annex it to the city. The council felt we should try to get Walters property annexed. -- The city council meeting for August 2 will be at 7:00 A.M. RE: SIDEWALKS TOPIC: (20,9,,, SIDEWALKS) The mayor asked about sidewalks, do they have to be concrete and do they have the option if there is nothing on the block of being next to the curb or do they need to be back. He had looked at 5th West and it looked like some would need to be next to the curb. Farrell said we have spots in this town where the sidewalks meander but they are connected. Kay stated it had been suggested that they could use imagination with the sidewalks and meander the sidewalk around shrubs if they are opposed to taking out the shrubs. RE: SIDEWALKS BY LAVAR WITHERS BUILDING TOPIC: (20,9,,, SIDEWALKS,WITHERS*LAVAR,2ND NORTH,LANDSCAPING) The mayor told the council La Var Withers had built a building for storage on 2nd North and there isn't a sidewalk at all, Birch's have an asphalt lot and then there is some gravel and when you get to his property there is nothing the rest of the way. He would like to put in up to 12 feet of asphalt and put all his landscape behind and plant a bunch of trees to hide his building. He had about 40 feet of landscaping. Does the sidewalk have to be concrete? Joe said the standard drawings that we adopted show sidewalks in concrete, driveways are that way because they support the curb. The asphalt provides no backing for the curb. Dr Withers wants to have all his landscaping in one piece. Jim felt we should be a little careful, if it is just a four foot asphalt strip, they don't hold up very well. Kay didn't think we should tie their hands, let people be creative. The mayor explained that on 5th West, those people that called him tonight were upset about sidewalk. If you hooked a sidewalk into their asphalt around their planter, he didn't think she would need to change anything. The council did not think there would be a problem with those type of sidewalks, and not take that option away from them. The mayor asked if Joe would need to draw up another thing on sidewalks that flo they don't need to be just concrete, it can be decorative brick or asphalt under certain conditions. Joe didn't feel good about it and did not think it would work. The mayor stated that they would still need concrete in the curb and concrete as he goes up into his driveway. Nyle said if he had his choice he would say put a concrete sidewalk in. RE: SWIMMING POOL; DISCUSSION OF PARENT PERMISSION BEING REQUIRED TOPIC: (20,10,,, SWIMMING POOL) Glen Pond reported that there was an issue at the pool today. A young girl about 5 1/2 years old, got money out of her piggy bank and put on her swimming suit and came to the pool and bought a ticket and went swimming. The mother came down sometime after the child was in the pool and became upset at the pool for allowing the child to be in the pool. She felt like she should of had a note from the parent or something else to protect the child from getting into the pool. When you go to the pool people drive by and drop off a lot of kids out of a car and they go into the pool. He did not think we should really change anything at the pool to accommodate that. If parents don't want their kids there take care of it. Nyle asked Mike how long the girl was at the pool. Mike stated that his assistant manager said she was there approximately 1 1/2 hours to 2 hours, but that is a guess. Nyle said he visited with his wife about it and their first reaction was did you know where you daughter was and why didn't you? We assume responsibility for them once they hit the door, but before they hit that door it should be the parent's responsibility. Mike said there is a rule that if a child cannot swim they have to have a life jacket on. That is enforced and the life guard made sure she had a life jacket on. Mike said he did have another complaint from a mother two weeks ago. This mother had a 12 year old and a 14 year old child that used their own money to come swimming. She asked how I could let those children in swimming? Where do you draw the line. We have the most life guards of any pool around. Glen said for all we know the parents gave them the money to get there. RE: REPORT ON SWIMMING POOL CONDITION TOPIC: (20,10,,, SWIMMING POOL) Mike reported on the pool. Currently the pool has a very rough surface. It is about 40 years old and the plaster on the pool is now worn down to the cement. Many people are coming out of the pool with similar to a blister on their feet. Many areas in the pool need to be resurfaced. The bids they have are right around $23,800. The mayor asked about the mechanical part of the pool? Because of the wear the filters are right next to the heating system and we get a lot of chlorine. In the future you will need to be looking at possibly creating another section for the building on the edge of that so it can be separated. There is a leak under the slide pool. Glen Pond reported on P&Z. RE: REPORT FROM THE COORDINATING COMMITTEE TOPIC: (20,10,,, COORDINATING COMMITTEE,TAXES) - Jim reported on the Coordinating Committee meeting. Golden Lind£ord was there and they discussed Local Option Tax and Sales Tax. They also discussed Franchise Tax. Jim had talked to him about the tight rules of zoning and building. Nyle reminded the council of the Fire Department Volunteer Dinner on July 29. The city party will be July 27, you need to R.S.V.P. to City Hall. A motion was made by Nyle Fullmer and seconded by Jim Flamm to pay the bills. All Aye RE: CONSOLIDATING OF AMBULANCES DISCUSSED TOPIC: (20,11,,, AMBULANCES) Brooke Passey was at the meeting and stated he, Mike Walker and Nyle Fullmer and the Fire Chief need to get together and look at consolidating the Ambulance in with the Fire Department. (discussion) RE: FUNDING FOR THE COURT TOPIC: (20,11,,, COURT,BUDGET,POLICE) Brooke also suggested that we had met before to see if the city could help out with funding for the court and asked if they would look at it in the budget. Nyle said we couldn't do anything unless we do away with the resource officer. RE: RIGBY MORRELL PROPERTY TOPIC: (20,11,,, RIGBY MORRELL PROPERTY,WEEDS) Steve Zollinger was at the meeting and stated he had contacted some farmers about digging up the weeds on the Rigby Morrell Property. Nyle reported on the Airport Meeting. Meeting adjourned. Mayor, Nile L. Boyle / -- City Clerk, Rosa/Ba I/ 91�4y DATE: (071995) Public Hearing 7/19/95 7:00 P. M. Present were: Mayor: Nile L Boyle Councilman: Glen Pond Kay Beck City Clerk: Rose Bagley Engineer: Joe Laird RE: BUSINESS PARK PUBLIC HEARING TOPIC: (20,17,,, PUBLIC HEARINGS,BUSINESS PARK,SEWER LINES,WATER LINES) A Public Hearing was held regarding the Second Phase of the Business Park for extension of sewer and water lines and construction of the streets in the Business Park. Mayor Boyle opened the hearing at 7:00 P. M. Terry Butikofer representing E.C.I.P.D.A. also attended the meeting. Brooke Passey, County Commissioner, attended the hearing and expressed his support for the project. There were no other comments from anyone attending the meeting. Mayor Boyle closed the hearing.