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HomeMy WebLinkAbout1995.10.04 CITY COUNCIL MINUTES'f5 DATE: (100495) City Council 10/04/95 7:30 P. M. State of Idaho) County of Madison( ss City of Rexburg) Present were the following: Mayor: Councilman: City Clerk: Finance Officer: Attorney: Engineer: Pledge to the flag. Nile L Boyle Glen Pond Farrell Young Nyle Fullmer Kay Beck Bruce Sutherland Rose Bagley Richard Horner J. D. Hancock Joe Laird A motion was made by Glen Pond and seconded by Bruce Sutherland to approve the minutes. All Aye RE: SPRAY PAINT BOOTHS COMPLIANCE WITH FIRE CODE DISCUSSED TOPIC: (20,45,,, SPRAY PAINT BOOTHS,FIRE DEPARTMENT,U.F.C.) Paint Booths- Dee Owens and Spence Larsen representing the Fire Department were at the meeting to discuss this issue. Dee explained the section in the U.F.C. The section, which has been there for a long time, says any spray booth will be protected with an approved automatic fire extinguishing system (suppression) which for what ever reason has not been enforced. The thing that brought it up was Taylors putting in their new spray booth and it was brought before the mayor and the work committee. The mayor stated there has been about three spray booths lately and we have not enforced it but we want to be fair to everyone, so we want everyone to give their views. Gary Lewis, C & L Body Shop- When he built the building no one told him they had to do it or he would have done it then because he is aware of the code. You can't put water in a spray booth with a 6" main. Dee told him you can do it with either water or dry chemicals. Gary said he does not have a problem with dry chemicals. The mayor asked what kind of an expense. Gary said when he looked at it a couple of years ago it was about $2500 for dry chemicals. He asked if any of the those spray booths in use now would be grandfathered. The mayor told him the council felt if it was enforced, because it is a safety issue none of them would be grandfathered. Spence stated if they were in operation before the code they would be grandfathered. Dee said it has been in the code since 1979. J. D. said on safety issues they would not be grandfathered. The mayor felt that cabinet shops would be more apt to have a fire than the paint booths in an auto body shop. Eric Erickson- Erickson Politic- They installed a paint booth two years ago and at that time the question was raised about fire suppression but nobody seemed to take the necessity of enforcing it. They want to comply with the U.F.C. if there is a safety factor they want to comply with it. Their decision is to go ahead and install the fire suppression. They are getting bids to go ahead with it. They feel if it is to be enforced, it should be enforced through out the entire city. They would support that decision of the council and would commit to go ahead and install the fire suppressant in their booth, hoping that the city will then get behind it and enforce it through out the city and possibly in the county. He did not think the city could stop with the body shops, but also at the cabinet shops and other businesses that would have the problem. Leon Christenson, Christenson Body Shop- He just moved from his old business where everything was grandfathered. He was aware of the fire code law, but he looked at the other body shops and no one had this system. These new booths are all explosion proof and he could not see a need for a suppression system because they draw the fumes out so fast, that they don't build up. His booth was new in 1973 and he took his booth to his new location, but did not put in a suppressant. They will do what the council decides. Vardis Sharp, Rays Auto Body -He feels like Leon, there have not been any fires. Maybe we are trying to cure a problem we don't have. They moved into their shop in 1972. Spence said he had talked to the State fire marshal several times and he told him that he did not have the right to revise the fire code. If we did we are saying we would accept all liability if something would happen. Glen felt that exposure was not only with the Body Shops but with the cabinet makers. He would not want to put the citizens of Rexburg at risk by not enforcing the fire code. Some of the cabinet shops are right next to homes and other things. He felt we need to enforce it because it is a safety issue. Dee stated that the estimate he got from a contractor was it would cost from $3000 to $5000 to install the suppression per booth. (council discussion) Paul Christenson- We are all subject to Workman Compensation laws. If one of us would have an employee killed in a fire involving a spray booth and the city voted to not enforce the U.F.C. would the city be liable? Yes we would. Nyle suggested that we take it under advisement and table it to the next meeting and see if there are any options. Glen suggested that we notify the Cabinet Shops. RE: "VEHICLE PER PATROLMAN" POLICY PASSED TOPIC: (20,46,,, POLICE DEPARTMENT,VEHICLES) Police Car Use- Chief Siepert was at the meeting to discuss this issue. (handing out copies with changes) He explained the policy and the efficiency of the program. He felt if we give it a try they could show some savings and more hours by the officers because they would be out there and available. A motion was made by Nyle Fullmer that we implement this policy as soon as possible. Seconded by Kay Beck. All Aye RE: PRE -ANNEXATION OF NORTH HIGHWAY AREA DISCUSSED TOPIC: (20,46,,, ANNEXATIONS,BUSINESS PARK,ARTCO,HORKLEYS,2ND EAST, SALEM ROAD,ULTIMATE DIRECTIONS,NORTH HIGHWAY) Pre -annexation discussion. Joe explained the area of the Business Park and the Artco Business Park. We are trying to find a way that we can get out to annex that as part of the city. The city limits comes right up to the railroad up to the side of Horkley's. Horkley's have indicated the desire to be annexed to the city. There is city water and sewer available. The Livestock Auction with the old owner did not want to be annexed, however they have a new owner that may have a different feeling about it. There is a possibility of annexing a strip along side of the Salem road or 2nd East to United Plumbing and another strip. In talking with the railroad, they said they would have no objection to annexing the railroad up to the Business park, so they were looking at annexing the railroad and the highway going to Sugar City up to the Business Park. Ultimate Directions have indicated that they want to be annexed, because they need the water service. The simplest way to go would be to annex the railroad and the highway and the others adjacent to it. It was suggested to approach Artco with the new building to annex. A copy of a Water & Sewer Agreement with Ultimate Directions was discussed, this had been previously discussed at a prior meeting and passed. A motion was made by Glen Pond to precede with the annexation procedure. Seconded by Nyle Fullmer. All Aye RE: WATER & SEWER AGREEMENT WITH ULTIMATE DIRECTIONS TOPIC: (20,47,,, WATER DEPARTMENT,SEWER DEPARTMENT,ULTIMATE DIRECTIONS) A motion was made by Glen Pond and seconded by Kay Beck to give the mayor the right to negotiate the Water and Sewer Agreement with Ultimate Directions. All Aye RE: COMPUTER LITERACY FOR CITY EMPLOYEES TOPIC: (20,47,,, CITY EMPLOYEES,COMPUTERS) The mayor reported that the Department Heads had a meeting. At that meeting Computer Literacy for the employees was discussed and enhancing everyone's computer skills. Richard gave a handout with proposals and explained it. (copy on file) It is becoming more evident that we need more experience in running computers. There is probably 1/3 to 1/2 of the employees in the city who have probably not ever turned a computer on. We have seen some evidence in the departments using one even now in certain areas. In talking with the department heads and with the college, the college feels the best way to educate people is to get a computer in front of them and provide them a tutor available whenever they need it, someone they can call for help. You learn more hands on than you do in classes. Some classes are helpful to get you started. On an average to get a computer to put in a home would run about $2000 plus a printer. A suggestion was that we provide some help in the areas that would be directly beneficial to the city. Possibly if we purchased a word processing program for the employee and let them use it in their home. They would be required to give somekind of accounting of the time spent in using and getting acquainted with it. If we put some of the costs directly related to their work, there are enough employees that have had enough experience that we could use them as a tutor. The mayor explained that E.C.I.P.D.A. loaned the money to the employees for computers and then took the money out of their pay checks to pay for the whole price of the computer. The council felt that the best option would be to give the employees an interest free loan to purchase the computer and take it out of their pay checks. Richard felt that we could afford $200 to $300 which would be about 10% of the cost of a computer toward the purchase of a computer or printer. Glen suggested that if we go with the loan we give them one year to participate and then close the window so the city does not have an on going thing. Richard stated that the loan part would have nothing to do with the budget and no cash flow problem. He said it would not be a problem to handle the loan. He felt the best way to use the city money would be directly into programs. (discussion) Richard said the interest free loan would be important, but not quite enough. Nyle felt it was a good program and would enhance the employee performance. He recommended that Richard go back and scout out the software and find out what we can do. In proposal he felt it was a great idea. RE: FLU SHOTS TOPIC: (20,47,,, FLU SHOTS) The mayor told the council there would be flu shots given to the employees on October 18 from 8:00 A.M. to 10:00 A.M. at City Hall. The city will pay for the Employee shots and if the spouse or children wanting to get the shot would have to pay for it. The cost will be $10.00. y RE: COUNCIL REGULATIONS DISCUSSED TOPIC: (20,48,,, CITY COUNCIL, P & Z,CONFLICT OF INTEREST) The mayor discussed council regulations. At the City Clerk's and Finance Officers meeting at McCall an Attorney suggested that councilman should not attend Planning & Zoning Meetings. They should defiantly not be there and enter into the discussions and influence the members. Glen said as part of the public the council would have the right to be there but not sit at the table and participate. The mayor felt we get a lot of input back when a councilman is at the meeting and he would like them to continue coming to the meeting but not enter into the discussion. Another thing they talked about that has been a problem. If you have a conflict of interest, it should be declared and if the council feels at that time it is not serious enough and allow you to vote, you could vote, if not you should declare it and not discuss or vote on the matter. Another area we can be in trouble is after the meeting is over if the group stays and discusses things. If you discuss business even when the meeting is over you have a legal problem. RE: AIRPORT OPTIONS DISCUSSED TOPIC: (20,48,,, AIRP0RT,G0LF COURSE) Airport options- (1) Do nothing. Leave the taxiway as is and no fence. Do not use the grant. (2) Use the grant money and extend the taxiway to end of runway and build the taxiway for the north hangers. Put up the fence approximately 135 feet from center line. Maintain the non precision approach. (3) Extend the runway 1000 feet to the north. Put the fence 250 from center line. Maintain the non precision approach. Design the golf course into an executive course or relocate the gold course. Also use the grant money to extend the taxiway. (4) Extend the runway north 1000 feet. Keep the fence at approximately 135 from center line and lose the non precision approach. Also use the grant money to extend the taxiway. The golf board and airport board will meet on the 17th of October and told the council they were invited to attend. What ever happens on this will affect the City County Golf Course. RE: SIDEWALK RESOLUTION TOPIC: (20,48,,, SIDEWALKS,RES0LUTIONS) Kay asked about the sidewalk issue and if we can enforce the resolution 95-6? J. D. stated that it is just a regulation of what has already been passed. The mayor stated we could do an L.I.D. to put sidewalks in. Kay stated that this resolution just says the sidewalks will be put in and this is not happening. If it is not happening, why do we write it and why do we vote on it? (discussion) Richard suggested that we identify the property with property descriptions and recorded it at the Courthouse and it would show up on the title. J. D. said the resolution is legal but the question is it enforceable. (Kay discussed with the council enforcement) Nyle suggested that for the property that has changed hands, we should inform them that if they don't comply to the ordinance as they have been informed, in the spring of 1996 we will do a city wide L.I.D. and they will be included unless they inform us and take action on their own we will assume they want to be included on the L.I.D. RE: ANNEXATION OF THE BUSINESS PARK TOPIC: (20,48,,, ANNEXATIONS,BUSINESS PARK,SPUDS) Brooke Passey- With regard to Annexation to the Business Park. It has been a gray area. When the city annexed out to the Spuds Area, it showed on the map that the city annexed only to the center of the road. As the city annex out north of town, the state code reads "In any annexation of adjacent territory, the annexation shall include all portions of highways lying wholly or partially in the annexed area." 50-222. He asked if the council was aware of that? Nile said we are not going to annex any of that road, we are going down the old highway. If we annex any of it we will annex the whole road. Bruce suggested that we need to do it right out by Spuds. The mayor said we would do some checking on it. RE: MAGISTRATE COURT COSTS TOPIC: (20,49,,, MAGISTRATE COURT,POLICE DEPARTMENT,MADISON COUNTY) Steve Zollinger had contacted Brooke about the Judges making a decision to have the cities pay into the Majestrate. He felt like he was representing the council in trying to get together with the county and work something out before it got to that point. The mayor said Glen's committee was going to talk about it tonight, but we can talk about it as a council. Under the Idaho Statute, the judges are going to be meeting this month to decide whether the cities should participate in that. The mayor discussed what other cities are doing. Glen stated that our decision was a budget driven decision. Kay stated because we decided not to give the money to the county we also furnished an officer to supervise community service as a trade off. (discussion) J. D. said they had never seen a copy of the petition or written request from the commissioners. We have some options, one is to have the magistrate to come to the city council chambers once or twice a month and take care of the city cases right here. That is what Boise decided to do. The other option that was talked about in the Supreme Court Finance Committee that he had served on is that it is an equal taxation. If you tax city residents for the same service that is being provided other county residents and we are paying more than a resident that resides outside the city limits. That is an unequal tax and could be held unconstitutional. Glen felt as Kay did we have hired the officer as a trade off. Nyle asked why we aren't being given credit for the officer? The mayor stated that with this officer we are getting in an area that is not --- city responsibility, it is county responsibility. Nyle said we have been subsidizing the juvenile system and maybe part of the problem is ours. The bulk of the problem is the county and they were not dealing with it and we chose to go ahead. Kay, speaking for himself. A little over under 218 of his taxes goes to the City of Rexburg and a little over 348 goes to the County. What is he getting for the 348. He is a county resident too. Law enforcement is a county responsibility and not a city responsibility. We are already paying over $900,000 for law enforcement, that really is a county obligation. We don't have it in the budget, but he is not willing to give it if we did have it. J. D. stated we need to sit down and talk about it with all three commissioners. Glen stated it is an uncomfortable time for the city to come back when the budget is already set. We will have to take something off the budget in order to give something. Nyle said we already took the officer off full time to part time. (discussion) Glen stated what if we say we will go half, where will we come up with that half of the money? Nyle suggested why aren't they collecting -- more? The offenses that occur in the county, and we get separated and we subsidizing the county residents. We pay extra because we live in the city limits. The county doesn't pay for city facilities. J. D. stated that our police officers don't discriminate on the type of cases. The Sheriff would have to double his department to take care of the felonies and the juvenile offenses. He felt that Beth Reese should be complimented for the fine work the clerks are doing. J. D. stated because the budgets are set the soonest we could do anything different would be in the next budget. Nyle suggested that J. D. apprise the council of what their options really are. Glen felt the council and the commissioners need to talk and come up with a compromise if possible. Nyle asked Brooke what the status of where the police will fit into the expansion plan? Brooke said they have not got to that point yet, but they have not seen a formal request from the city for use of the annex. Nyle asked him to please make sure we are informed. A motion was made by Nyle Fullmer and seconded by Glen Pond to pay the bills. All Aye Meeting adjourned. Mayor, Nile L. Boyle i 1 City Clerk, Rose,BagLey v'