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HomeMy WebLinkAbout1995.12.20 CITY COUNCIL MINUTES�0 DATE: (122095) City Council 12/20/95 7:00 A.M. State of Idaho) County of Madison( ss City of Rexburg) Present were the following: Mayor: councilman: City Clerk: Attorney: Finance Officer: Engineer: Fire Inspector: Pledge to the Flag. Nile L. Boyle Farrell Young Kay Beck Marsha Bjornn Nyle Fullmer Bruce Sutherland Rose Bagley J. D. Hancock Richard Horner Joe Laird Dee Owens A motion was made by Nyle Fullmer and seconded by Farrell Young to approve the minutes. All Aye RE: PLANS FOR JAIL AND EAST MAIN SQUARE TOPIC: (20,70,,, JAIL,EAST MAIN SQUARE,PARKING LOTS,ALLEYS,PARKING) John Watson was at the meeting to show plans for the jail and East Main Square. He had already reviewed it with the P&Z. A couple of issues he wanted to discuss with the council. Parking would be a concern and they would like to close the alleyway behind the Courthouse that. will go in front of the jail. The alley in back of the proposed jail will go all the way through. They want to put security gates in and it will leave it like a compound. The city would have their parking on the West side. He reviewed the parking. There will be joint parking with the East Main Square on the old Ard Property which is within 200 feet as required by ordinance. On East Main square there is a retaining wall behind the Ard property, but they are considering taking some of the parking on the East and putting it into Landscaping so they have a better place for snow storage and squaring the isles up a little bit and opening up a couple of the isles for traffic entering and exiting. He asked if the council had a problem of allowing the traffic to go through those isles out to the street? The council felt that would be a good idea and suggested that they put in a Yield or Stop sign. Bruce suggested that he check with Traffic Safety. The only other problem is closing the alley next to the law office. The mayor said as long as the other alley is open there wouldn't be a problem. John said it would not preclude access to the utilities. They want to enhance the security around the jail. Nyle Fullmer suggested that we need to check with Blair on the parking impact. (John explained the facility) The commissioners will be across the street. RE: CAMPUS POLICE PATROLLING THE CITY STREETS TOPIC: (20,70,,, CAMPUS POLICE,POLICE,STREETS) Richard Harker was at the meeting to discuss the Campus Police Patrolling the city streets. His concern is as of June 5 of this year the Supreme Court ruled that it was unconstitutional for Campus Police of religious institutions to patrol city streets. He had a copy of the supreme court ruling. Nyle said he had read it and had been researching it with the attorney. It has been given to the city police force and the campus police force notifying them of this situation. This ruling does implicate Rexburg and Ricks College. The mayor told him we would look at it and put it on the next agenda. J. D. stated he had checked and the Attorney General of Idaho has not made any determination that we have any statutes that have been unconstitutional. In Rexburg the campus police are Rexburg City Officers. They are deputized as Rexburg City Police officers and they have assignments to patrol various portions of the campus and so forth. The factual circumstances are different and each case has to be determined with its individual facts. The Attorney General's Office of the State of Idaho has some concerns about it applicability to our situation. He would be in contact with his office. RE: ORDINANCE 782 ADOPTING THE 1994 U.B.C. TOPIC: (20,71,ORD,782,C.A.B.O.,U.B.C.,HANDICAPPED,APARTMENTS) Ordinance 782 adopting the 1994 U.B.0 AN ORDINANCE ADOPTING THE 1994 EDITION OF THE UNIFORM BUILDING CODE; REPEALING ORDINANCE NO. 772 AND ANY OTHER ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR THE SURVIVABILITY OF THE SECTIONS AND SUBSECTIONS OF THE ORDINANCE: PROVIDING FOR THE EFFECTIVE DATE OF THE ORDINANCE. Joe explained we are adopting U.B.C. Volume 1, 2, and 3 1994 addition and by reference Division 3 of Appendix 3. We are also adopting the C.A.B.O. One and Two Family Dwelling Code. The One and Two family Dwelling Code is a little more relaxed than what the U.B.C. is. He went through the amendments. (discussion) Joe handed out a sheet with the 1991 Handicapped Accessibility and below it the 1994 Handicapped Accessibility Requirements. (explaining) The 1994 requirement is relaxed. Dave Rasmussen stated his concerns with this Handicapped Accessible Code is his understanding of the Idaho Code is it does not mandate that we adopt the U.B.C. It tells us that we can accommodate it to our own local conditions and we can choose to adopt it fully or we can amend it or add to it. In reviewing the 1994 Handicapped Accessibility, 11(2) says Dwelling units with two or more stories in a nonelevator building need not be accessible." His complex, each floor contains all the living conditions. If he were to redesign the kitchen and living room on one floor and the bedrooms on another floor then according to this condition he does not have to have a handicapped accessible apartment. There is a new apartment complex that is being designed that way. When Ricks College remodeled their dorms, they remodeled nine bedroom and bathroom facilities for handicapped accessible. Currently not one of them is occupied. They have only had one maybe two students move into them since they remodeled. They put four parking spaces at the boys dorms as handicapped parking and they are never used. The college voted last week to eliminate those parking spaces. For him to handicap one apartment would cost in excess of $10,000 additional and he would have to eliminate one bedroom out of the apartment to accommodate handicapped accessible and that would make a loss of $2000 per year. With that he couldn't meet the mortgage payment. Because it is mandated they are astronomically expensive. In talking to Ricks College there are not too many handicapped looking at coming to Ricks College because of the sever winters and not being able to get around. (discussion) Joe said we have had four apartment complex that have come up under the 1994 code even though we have not adopted it yet, Colonial House new addition, the one at the corner of 5th South and 3rd West, and Scott Kidd apartments. (discussion of different ownership) Joe discussed the Energy code, which he suggested adopting the "Model Energy Code" because the I.R.E.S. has been done away with by the State. The council suggested that they have a work meeting on it. Nyle felt we should have a work session on the U.B.C. Dave stated that he felt his hand is being forced. Until now he had the only private bedroom apartments. The new complex will have 30 with that concept and his is older and he needs to stay competitive. Kay felt we should make provisions for Handicapped but he could see were Dave was coming from. Discussion on Dave's apartments being owned by different ownership. Nyle felt if we pass the 1994 Building Code and if Dave can show it is two different ownerships and two different projects and can document it go ahead and give him a permit. It is the same thing Scott Kidd has done. We have a complex that has come in and done it to code and are we going to change it at this point for Dave, will it look like that is why we have done it? (discussion) ORDINANCE 782 -Adopting the 1994 Uniform Building Code. A motion was made by councilman Bruce Sutherland and seconded by Kay Beck 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 782. Those Voting Aye: Bruce Sutherland Kay Beck Farrell Young Marsha Bjornn Those Voting Nay: Nyle Fullmer Ordinance 782 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 Kay Beck and seconded by Farrell Young that ordinance 782 be passed. Those Voting Aye: Bruce Sutherland Kay Beck Farrell Young Marsha Bjornn Those Voting Nay: Nyle Fullmer 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: ORDINANCE 783 ADOPTING THE 1994 PLUMBING CODE PASSED TOPIC: (20,72,ORD,783,PLUMBING,U.P.C.) Ordinance 783 adopting the 1994 Plumbing Code AN ORDINANCE REPEALING SECTION II OF ORDINANCE 719 AND ADOPTING THE UNIFORM PLUMBING CODE, COPYRIGHTED BY THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS, OFFICIALS, 1994 EDITION FOR THE CITY OF REXBURG, IDAHO; REQUIRING COPIES OF SAID CODE TO BE KEPT IN THE OFFICE OF THE CITY CLERK; PROVIDING FOR THE ADMINISTRATIVE AUTHORITY AND THE PAYMENT OF FEES ESTABLISHED BY THE COUNCIL; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE AND FOR SEVERABILITY; AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. There is no major changes and DeLynn would like it passed. A motion was made by councilman Nyle Fullmer and seconded by Bruce Sutherland 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 783. Those voting aye: Nyle Fullmer Bruce Sutherland Marsha Bjornn Farrell Young Kay Beck Those voting nay: none Ordinance 783 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 Bruce Sutherland that ordinance 783 be passed. Those voting aye: Nyle Fullmer Bruce Sutherland Marsha Bjornn Farrell Young Kay Beck Those voting nay: None 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. RE: ORDINANCE 784 PASSED ADOPTING THE 1994 FIRE CODE TOPIC: (20,72,ORD,784,U.F.C.) Ordinance 784 adopting the 1994 Fire Code. AN ORDINANCE REPEALING SECTION II OF ORDINANCE NO. 718 AND ADOPTING THE UNIFORM FIRE CODE, 1994 EDITION, COPYRIGHTED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS AND WESTERN FIRE CHIEFS ASSOCIATION; REQUIRING COPIES OF SAID CODE TO BE KEPT IN THE OFFICE OF THE CITY CLERK: PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE AND FOR SEVERABILITY; AND REPEALING ALL ORDINANCE AND PARTS OF ORDINANCE IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. Dee Owens explained the amendments. Basically they just adopted the fire code the same way the state had. A motion was made by councilman Nyle Fullmer and seconded by Bruce Sutherland 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 783. Those voting aye: Nyle Fullmer Bruce Sutherland Marsha Bjornn Farrell Young Kay Beck Those voting nay: none Ordinance 783 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 Kay Beck and seconded by Nyle Fullmer that ordinance 783 be passed. Those voting aye: Nyle Fullmer Bruce Sutherland Marsha Bjornn Farrell Young Kay Beck 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. Ordinance 785 Mechanical Code. The mayor said we .have never had it before. Joe explained it. The council felt it should be tabled and give them time to study it. RE: RESOLUTION 95.15 PASSED - DRUG/ALCOHOL TESTING POLICY TOPIC: (20,73,RES,95.15,DRUGS,ALCOHOL,TESTING,EMPLOYEES) Resolution 95-15 a Drug/Alcohol, Testing Policy for the City of Rexburg employees that have C.D.L. Licenses. (explained) by Richard Horner. Discussion on procedures, confidentiality, and if they test positive should we give them a second chance or if the employee should be automatically terminated. (discussion) A motion was made by Bruce Sutherland to pass Resolution 95-15 and to give the employee a second chance if they test positive. Seconded by Nyle Fullmer. All Aye We will review the consent form later. RE: BEER LICENSES TOPIC: (20,73,,, BEER LICENSES) Mayor Boyle read the Beer Licenses: Payless Drug, K&R Lanes, Broulims, Oasis, Food Center. A motion was made by Nyle Fullmer and seconded by Bruce Sutherland to pass the beer licenses. All Aye. The mayor presented J. D. Hancock with a plaque for outstanding service as City Attorney. The city is going to change the attorney on January 1. A motion was made by Bruce Sutherland and seconded by Nyle Fullmer to pay the bills. All Aye Meeting Adjourned. d, -L Mayor. Boyl t city/clerk ;RO 7 ity clerkr;RO7 Bagley