HomeMy WebLinkAbout1998.07.01 CITY COUNCIL MINUTES1~~
DATE: (070198)
City Council
7/1/98
7:30 P. M.
State of Idaho)
County of Madison( ss
City of Rexburg)
Present were: Presiding:
Council members:
Excused:
City Clerk:
Engineer:
Attorney:
Glen Pond
Bruce Sutherland
Ny1e Fullmer
Farrell Young
Marsha Bjornn
Kay Beck
Rose Bagley
Joe Laird
Stephen Zollinger
Because of the late arrival of Mayor Boyle, who was attending to
another commitment, Glen Pond presided over the meeting.
Pledge to the flag.
A motion was made by Bruce Sutherland and seconded by Farrell Young to
approve the minutes with one correction. All Aye
RE: REPUBLICAN WOMEN DONATION FOR HANDICAPPED PLAY GROUND EQUIPMENT
TOPIC: (22,35,,,SMITH PARK,PLAYGROUND EQUIPMENT,HANDICAPPED)
Sheila Barney representing the Madison County Republican Women was at
the meeting to give the city a donation of $150 for the handicapped
play ground equipment specifically in Smith Park. Glen Pond told them
as a city we appreciate the donation what ever goes into the parks goes
into the community.
RE: HORKELY VARZNACE FOR FUEL TANKS
TOPIC: (22,35,,,HORKLEY,VARIANCE,TANKS,FIRE DEPT.)
Horkley Variance for Fuel Tanks- Lloyd Steiner representing Don's
Service Station Equipment out of Idaho Falls was at the meeting to
discuss the issue. Their business is to build service stations, remove
tanks, install tanks, pumps and lines. He has been doing this for 26
years and have been doing Jim's work for quite a few years. In the
process of meeting E.P.A. requirements, they had a ten year tank
program and this is the remaining year of the ten year program, so they
had been busy upgrading programs. They have upgraded Mr Horkley's
station and he chose to use his overhead storage tanks to provide fuel
to his dispensers that his previously underground storage tanks were
going to be removed. The equipment that was installed on those tanks
meets the minimum requirements and standards clear across the nation.
Basically it is the same pump that is installed in underground tanks.
It has a leak detector on it and the minimum standards that are
required clear across the nation. He explained it.
Stephen explained that the concern of the fire department is the U.F.C.
prohibits the direct distribution of petroleum products to vehicles
from above ground tanks. In meeting with the fire department, they
felt the concerns the code was attempting to address in that section
were gravity fed fires. The difference with underground and above
ground tanks is if a rupture occurs at the pump and there is no
mechanism that stops the flow of fuel, gravity will take it down to
whatever level is equal at above or below where it is siphoned. The
fire department felt very strongly that unless the mechanism proposed
by Don addresses the safety issues of the gravity fed fire the
equivalent of what the safety features would be of putting those tanks
underground then it shouldn't be allowed, but if the safety issues can
be addressed relative to the gravity fed fire then it could be allowed.
One thing that was discussed in the meeting with the Deputy Fire Chief
was above ground tanks from a fire fighting standpoint for safety. In
Horkley'e case the above ground tanks are not the issue. If he came in
and requested to put new tanks above the ground then that would be an
n LG
r?
issue because they would be adding tanks above the ground. In this
case the fire department agreed the above ground tanks were not the
issue. It was can they be safely equivalently isolated from the pumps
with those that would be underground? Lloyd explained the safety
features. Stephen told him if he could leave the literature on the
system and allow Joe or someone that is capable of reading that type of
information and either allowing or disallowing the conditioned upon an
engineering review that satisfied the engineering department the safety
features are equivalent. He recommended the minimum standard the city
has to adopt is it can be no more dangerous to the general public than
the code. The fire marshal has the authority to grant exceptions if he
feels the life safety issues are addressed. What they are requesting
is an exception which would allow for the direct pumping from overhead
tanks at a dispenser. The question is, if the system they are
presenting appears to be as safe as the underground system would be at
the delivery point at the three new pumps out front? Is the council
prepared to make an exception and allow the above ground tanks to feed
those dispensers? These are the station out north on the highway.
Stephen recommended that the technology is what needs to be reviewed
and if the technology appears to be as safe to the general public at
the delivery point then there is no legal reason not to make an
exception.
Stephen suggested that we should inquire with Mr Horkley, if the city
felt like the only way to safely make a decision on this would be to
consult some type of petroleum engineer if he would have a problem in
paying a fee? Mr Horkley said he would have on problem.
A motion was made by Bruce Sutherland to approve it contingent upon the
approval of the appropriate engineering study to be ae safe as and if
it meets the approval of the Fire Marshall. Seconded by Nyle Fullmer.
All Aye
RE: MADISON MEMORIAL HOSPITAL
TOPIC: (22,36,,,HOSPITAL,CERTIFICATE OF OCCUPANCY,WATSON*JOHN)
Madison Memorial Hospital Issue- John Watson was at the meeting to
address the issue in behalf of the hospital. His experience is the
last few projects that he has been involved in the plan review as well
as the final occupancy process he had been through a higher degree of
scrutiny than he can remember ever going through in twenty years of
being an architect. What he is experiencing from the Fire Marshall is,
in this community we have a number of buildings that are extremely
complex, and he feels a need to go beyond his own resources and bring
in the State Fire Marshall. That has created some difficulty even
though everything they are doing is per code. There is a great amount
of scrutiny with the Fire Marshall review. He also felt that Joe was
another example. He knows that the building code give the building
inspector a great deal of discretion and Joe has not taken that
latitude. He interprets black and white and if he has a question he
calls California.
He gave a handout. He explained his procedure with hospital buildings.
The set of drawings are prepared by registered individuals,
architectural engineers, and the plan has to go to Boise for review by
Roger Gehrke. He ie the facility fire safety and construction
individual in the State of Idaho and is responsible for all hospitals
in the State of Idaho regarding life safety issues and licensing
issues. He comes from a slightly different direction than the local
building official because Joe works with the U.B.C. Roger looks at
life safety issues and specific requirements they have to meet before
they receive a license to function. Roger is the one he has to satisfy
in addition to the local officials.
The first phase was started a year ago and there was a ribbon cutting
the other day and they moved in. Joe did a plan review and John showed
the numerous pages of the plan review. He referred to a letter he sent
to Joe one year ago after receiving a letter from Joe saying he could
approve the first level but not the second level. The second level is
over A & B wings with a triangular part in the middle. They are not
putting the second level over the cafeteria, the kitchen, mechanical
~;
area, or lab, but Joe said he had some concerns about the existing
building. He had a couple of concerns about points about the new
expansion but mainly he stated that the existing building does not meet
all of the codes. John had told Joe that he understood that and when
he gets to that point they would bring them up to code. In the letter
he had told Joe he would respond to outstanding plan review comments on
the second level as soon as he got the life safety review Roger Gehrke
from Boise. He has the plan review from Roger Gehrke for the second
level and approval from him to move forward on the second level. It
meets the life safety requirements of the State of Idaho. He is aware
that with a new Building Office and new Fire Official there is a
learning process they are not sure of their job description and how
they relate to each other so he made a comment on his letter that it
may be productive to have a meeting with the city, his office and
mechanical, electrical engineers, and the fire department to resolve
the fire protection issues as identified by Dee Owens. That was a year
ago when he had letters from his engineers saying they are requiring
things that are in excess. He wanted a meeting thinking if they sat
down and discussed it they could resolve it. Right now they do not
have a building permit from Joe to move forward with the second level
only a 30 day conditional permit.
He went through the 4 Items on his handout. These issues are what Joe
is requiring before he will issue the building permit. (Handout on
file)
Item 1: That the existing 1977 portion of the hospital be brought up to
a Type II Fire Resistive Construction Figure 1. He is talking about
the existing portion and John is not doing anything with that portion
and he wants John to resolve that before he issues the new building
permit and the Fire Marshall wants him to do work on the annex and he
is not working on the annex which is the old building. He has been
experiencing the fire department doing one thing and the building
official doing another. There is a question on a coordination issue
and the chain of command and how to get information back and forth. He
has letters from the fire department that wasn't even sent to him and
he is the individual that is in charge of the hospital construction.
The letters were sent to the subcontractors on the project, copies to
his engineers and copies to the hospital. It was obvious that the fire
department had not received some direction on the chain of command.
Some of Joe's comments in the plan review relative to fire issues are
not specific to this project they are extraneous issues.
Item 2: That the "exterior" areas between the wings be classified as a
"court" and be modified to achieve a 2 hour fire rating. Figure 2. Joe
says that in the Code, which he does not deny it is in the code, those
areas can be classified as courtyards hence meaning you would fire rate
them. What that means is he would have to take the windows out that
are there and would and he would have to put in hollow metal frames
that would not open because they would have a U.L. Level rating on them
and then put rated glazing in so he would have a certain fire rating.
Joe is asking that this be done on the existing structure and he is
also saying on the upper new structure.
items: That the 2nd level O.B. main corridor be classified as an exit
corridor and therefore fire rated. Figure 3. Joe is saying they want
that corridor classified as an exit corridor. This can be extremely
complicated and complex but is as simple as if he has to classify it as
fire rated it means all the doors and frames are fire rated and the
labels have closures.
Items: That the hospital be required to upgrade the fire loop and/or
hydrants installed in 1992 and that the building permit be held up
until so. Figure 4. This is on Dee Owens report. He has a report from
Dee saying he will deny an occupancy permit for the first phase of
construction and he will do all he can to prevent a building permit for
the second level until the hospital upgrade their fire loop and the
hydrants that were installed in 1992.
John discussed the issues. After he has something approved then Dee
Owen says it doesn't work do something different. Joe has four or five
pages of things and John stated he had responded to those but these
four issues he ie concerned about.
He discussed the basic principles of design that he follows which are
listed on the handout. He told the council the thing they need to know
about building codes is there are a lot of them and sometimes they are
conflicting and he has to make a judgement call. Unfortunately for him
he is finding the building inspector and the Fire Marshall look at it
in black and white but he felt there was a lot of gray because he has
to interpret. He can't meet all the codes because he has too many
rules and has to make a judgement call. All buildings have a logical
time to be remodeled and that is the time they need to be brought up to
code. Hie logic is that when that building was built it was up to code
and now the code has changed.
He then discussed the Variances Requested listed on the handout. On #1
Variance to get a two house fire rating they would have to either tear
the brick off or tear the wall down and expose the column and take
sheet rock and wrap it around the column. There is 29 columns in B
Wing alone. As you walk in and the ceiling is down and see some
structural beams that are in there, they need to be firesprayed.
Everything he ie doing in the upper level is fire sprayed and wrapped.
If you interpret this as requested you could take that building and
tear it down.
On #2 Variance he looks to Roger Gehrke because he is the life safety
individual who says that in hospitals he want operable windows. He says
he won't give us a license unless they have operable windows and Joe
says rated windows so he is in an impossible situation. It makes sense
to him to adhere to Roger Gehrke so they can get a license. If they
leave it like it is it already meets the code. He is asking the
council to recognize Roger Gehrke as a significant individual and he
has given him a go ahead on this project as far as the plan is
concerned. Variance #3. It is not so easy to make the corridors in a
hospital fire rated. There is a significant requirement that Joe never
sees because he is not involved in it, mechanical requirements that are
required by the State of Idaho for hospitals. They have a lot more
duct work above the ceiling in a hospital than in any other building.
The duct work goes over to the corridors. We could have so much duct
work that it is totally impossible to run the walls up to the deck. He
discussed what Roger Gehrke ruled on it being a different category.
Variance #4. He has had a lot of reports in his office that the Fire
Marshall is going to do everything in his power to make it difficult to
get an occupancy permit and a building permit at the hospital.
He did not know how we would solve all these issues without the city
agreeing to sit down with city, his engineers and the hospital to
resolve the fire flow issues so that the building permit is not held
up.
He then referred to the last letter from his Engineer who says that for
the fire flow issue they had done everything they could for the water
supply. It is really a city problem. Item 2 on that letter stated the
Fire Inspector has requested more than what is called for in the U.F.C.
His engineers are flustered because usually there is a plan review done
and then there is a building permit to move forward. The building
official and Fire Marshall then don't usually keep saying add this or
that. Because of comments regarding Item #2 he has spent $5200 of the
county's money doing the detention facility.
He has worked hard on behalf of the owner and hard to adhere to the
requirements of the building officials. There seems to be some reason
---- that the officials like to take on him and his engineers. (He discussed
i how other buildings have got permits that did not have the type of
plans and construction that he does.)
After a meeting with the building officials, fire Marshall, Stephen
Zollinger, Stephen felt they should be given a 30 day conditional
permit so that is what they are operating under.
Joe- (handout on file, referring to it) As far as the existing hospital
is concerned: (1) In 1977 the code said it had to be a type 2 Fire
Resistant structure. It is not that there are any gray areas in that.
Going up with the 2nd floor makes it over in the area requirement. The
only way you can bring it into conformance is to make it a Type 2 Fire
Resistant building. It isn't just because it is an old building. It
n G\
l~1
is a case unless it is fixed up it isn't in compliance with the U.B.C.
Same as in paragraph 3 of 3403.2. Bruce asked why Roger Gehrke would
give his approval? Joe said he is operating on a life safety code and
the city is operating on a 1994 U.B.C. They are two entirely different
codes. It is the code that says that if you are going to add a second
story on or expand it above a certain area you need to do this. He
explained what would happen if there were a fire. (Discussion) John
felt what Joe was saying was "tear the building down and start over".
The hospital has a master plan and several phases in mind. He felt the
measures were too extreme to tear the walls down to wrap sheet rock
around them. They could fire spray all the steel. There might be a
time in the future that the walls would be accessible. Joe said that
could be the case that it would take tearing the building down, but
they have never discussed that. A year ago he told John there was a
problem that the council and hospital board needed to discuss but John
said they needed to go ahead with the Emergency wing so they could move
people in there so they could do other work in the hospital. He said
what isn't available is a time table as to when the phases will be
done. The city will also be liable if they approve a building that is
not Type 2 fire rated.
The council discussed if it met the code in 1977 and now the code has
changed. (Discussion)
Joe discussed Item 2- There is a contradiction between the Fire Safety
Code and the U.B.C.
#3 Issue: As he sees it there should be one hour walla up and down that
corridor. It calls for it in the U.B.C. John said he had given Joe a
set of plans that show the maze of duct work that would make it
impossible.
Stephen stated he went up there and saw the mass of duct work and each
individual room has its own furnace. To fire rate that you would have
----. to have a fire damper in every room. It is not impossible to design it
but would be cost prohibitive. (Discussion)
"-- Stephen discussed #4. He had met with John, John Millar and Delynn
about it. Joe had given input on testing our lines. Stephen wondered
if there is a deficiency as to what we are delivering to end of the
hospital line, if there is then they want us to fix that before we say
their system does not work. If there isn't a deficiency at our
delivery point and we are still not getting what we need at the end of
the line then we need to sit down and discuss how to fix that. He felt
we need to sit down as a hospital and a fire department and decide are
we deficient in what we are delivering at our point of delivery or does
the system just not have enough capacity.
John said he would like to sit down and talk about it and get some
help. Stephen stated that maybe the council needs to give direction to
fire department and engineering department to work toward resolving
these issues.
Stephen said #2 is similar to the one for Horkleys The purpose of code
is the danger of fire on one part of the building jumping the court
yard and going to another part of the building. Is the suppressant
that is in place something we should consider as to reducing the need
for a court yard issue life safety? We need to look what is the
purpose and if what they are offering gives us a satisfactory level of
comfort in addressing that? (Discussion)
Joe stated that what we are looking at is Roger Gehrke goes by the life
safety code and says they have to have openable windows and the U.B.C.
Bays they have to be 45 minute fire resistant. Nyle Fullmer asked if
the only reason those have to be changed is because he is making
changes in another area of the building? Joe said that is what the
U.B.C. calla for. (Discussion)
Stephen said #2 is a contradiction in code and Joe feels he has the
discretion to work through that if the council wants him to. #1 Joe's
position is he does not think he has that discretion. Nyle asked if
the hospital comes up with a time table that they bring that up to code
G,°
as they go if that would work? Joe said that would be a workable
situation but would need to be approved by the City Council.
(Discussion)
Nyle said he didn't have a problem granting a variance if we have a
plan in place saying they are working toward a plan that they upgrade
as they go with Joe saying he is willing to work that way too. He is
concerned that there might be a double standard. He hoped we are not
holding John to a different standard than we are other construction.
John said Joe is usually fair but in all of it there is a degree of
common sense. (Discussion) John asked for a sit down discussion to
resolve the issues. Stephen stated that they have given assurance to
John and all other contractors and have instructed the Fire Department
their correspondence does have to come through Joe's office. We did
have parallel tracks. Joe as the city engineer needs to be the
ultimate clearing house for a building permit and an occupancy permit.
We have taken steps as a city to give the contractor a single point of
contact.
A motion was made by Nyle Fullmer to give Joe direction to issue a
conditional building permit based on the fact that a Occupancy Permit
will not be issued until such time as there is a resolution of the
outstanding issues has occurred and we give Joe the direction to go
forward and resolve the issues. That possibly they come up with some
type of a time table. Seconded by Farrell Young. A11 Aye
RE: WATER PROBLEM IN RICK PALMER SUBDIVISION
TOPIC: (22,40,,,RICKS PALMER,WATER DEPT.)
Stephen reported on the water situation in the Ricks Palmer
Subdivision. The water tests have come in today ae negative. There
was a problem with one house but it ie not our water system. It ie in
their house.
RE: ORDINANCE TO REZONE GARNER ADDITION
TOPIC: (22,40,0RD,806,GARNER ADDITION,BARNEY DAIRY RD,ZONING)
Ordinance No. 806 rezoning the Garner property located approximately
264 North 3rd East and extending North on the South side of the canal
and the Barney Dairy Road.
AN ORDINANCE AMENDING AND CHANGING THE ZONING MAP OF THE CITY OF
REXBURG, IDAHO, AND PROVIDING THAT THE ZONED DESIGNATION OF THAT
CERTAIN PROPERTY HEREINAFTER DESCRIBED, SITUATE IN REXBURG, MADISON
COUNTY, IDAHO, WHICH HAS PREVIOUSLY ZONED LDR1, BE ZONED MDR AS
HEREINAFTER DESIGNATED, AND PROVIDING WHEN THIS ORDINANCE AND SHALL
BECOME ZONED M.D.R EFFECTIVE.
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 806.
Those voting aye: Bruce Sutherland
Marsha Bjornn
Farrell Young
Nyle Fullmer
Those voting nay: none
Ordinance 806 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 Farrell Young that
'' ordinance 806 be passed.
Those voting aye: Bruce Sutherland
Marsha Bjornn
Farrell Young
Nyle Fullmer
Those voting nay: none
The roll showed all councilmen present voting "Aye" carried, Glen Pond
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.
~~
A motion was made by Nyle Fullmer and seconded by Farrell Young to pay
the bills. All Aye
RE: ROLLER HOCKEY COURT AT NATURE PARK APPROVED
TOPIC: (22,41,,,NATURE PARK, RECRATION)
Jack Bowman was at the meeting to discuss Roller Hockey- He and the
mayor had discussed a Roller Hockey Rink. They would like to add it to
the Nature Park on the current Basket Ball Court which will be over by
the restroome. He talked to Joe about the size that would fit and he
said they could fit it in ok. According to Joe the cost to lay the
extra asphalt is $2500. Currently the plan has one basketball court, so
laying the extra asphalt you could put three more basketball courts
in. (Discussion) The roller blade court is 65' x 145'. They would not
be able to play basket ball and roller blade at the same time. You
could schedule time for basketball and time for roller blade. The mayor
stated that we could fit it in with grant which is a 50/50 match.
Marsha asked why we are doing this and not the roller blade park? Glen
said he had talked to Paul Pubmire and they are pursuing it and looking
at a interior location at Porter Park plus on 2nd West. He has had
the neighbors carrying a petition. Glen stated that he would be in
favor of going ahead with the roller hockey. They could leave one end
open and play ball on one end and roller blade on the other. Signs
could be posted to schedule it.
A motion was made by Nyle Fullmer and seconded by Marsha Bjornn for
Jack to be authorized to go ahead with it if Richard can come up with
the funds. All Aye
RE: IRRIGATION MEETING REGARDING REXBURG CANAL
TOPIC: (22,41,,,TETON PIPELINE,REXBURG CANAL COMPANY,WATER)
Glen reported there would be an Irrigation Meeting tomorrow night at
7:00 P.M. The mayor stated we need to get input and see how we are
---- going to get water to the Rexburg canal. Stephen stated that one
proposal they had made was whether we could get completely out of the
business altogether not give away or sell it but assign all of our
interest in that water delivery system. This would mean we would
assign the $3000 we collect right now from the Teton Pipeline Company
to this group and then we would also give away any responsibilities.
He suspected that we are spending at least $3000 maintaining that
ditch. The mayor felt it would be a good idea as long as we protect
the water rights. Discussion. A motion was made by Farrell Young and
seconded by Bruce Sutherland to give the mayor the discretionary
authority to make the decision at the meeting. All Aye
Glen told the council to meet at Upper Valley Industries for the parade
at 9:30 P.M.
RE: REQUEST FOR 4 WAY STOP AT 7TH SOUTH & OLD YELLOWSTONE HIGHWAY
TOPIC: (22,41,,,YELL0WST0NE HWY,7TH S.,STREETS DEPT.,SIGNS)
Glen discussed putting a 4 Way stop at 7th South and old Yellowstone
Highway. The mayor stated he had talked with the police about it and
they suggested put the 4 Way stop at 5th West and 7th South but wait a
while on 7th South and Old Yellowstone. Discussion. Joe said the
traffic signal will probably be 3 or 4 months. There might be rear end
accidents with people stopping and possibly traffic back up.
A motion was made by Bruce Sutherland to authorize the mayor, engineer
and police to recommend when to put in a 4 Way Stop at 7th South and
Old Yellowstone Highway. Seconded by Marsha Bjornn. Those voting Aye:
Marsha Bjornn & Bruce Sutherland. Those voting Nay: Nyle Fullmer and
Farrell Young. Because of the tie vote, Glen Pond voted to allow the
Mayor, Engineer and Police make the decision.
RE: MEETING TO APPOINT MAYOR/MILL LEVY
TOPIC: (22,41,,,BOYLE*NILE,MILL LEVY)
The council discussed having a meeting to discuss the options of the
appointment of the Mayor to take Nile's place. The mayor stated we also
need to decide on the Mi11 Levy. The mayor said if we do it he would
~k~'
like to get the fellow from Nampa over and get about 100 people out to
listen to him on Youth Programs. We could then get them in involved.
RE: SELLING OF THE NURSING HOME
TOPIC: (22,42,,,NURSING HOME,LOUISIANA-PACIFIC,REVOLVING LOAN FUND)
The mayor told the council the Nursing Home is going to be sold and
will pay off the Revolving Loan Fund. We will have from $750,000 to
$800,000 in the Revolving Loan Fund. We need to keep it in Economic
Development to create jobs. Ted Hendricks suggested that we take
$250,000 of that and go to F.H.A. and get a million dollars and loan us
the money if we want to buy the Louisana Pacific property and if we
sell part of it we could immediately pay ~ of it back to the Revolving
Loan Fund. We need to discuss that at the meeting.
It was decided to have a special meeting next Wednesday at 7:00 P. M.
Meeting Adjourned.
,~
plc-.~~ t~%G~%-G~=~C;%
~7 ~ L
Ail.(:' ~!i ~~
Mayor, Nil L. Boyle i
City Clerk, Rose-Ba'gley~