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HomeMy WebLinkAbout1998.09.16 CITY COUNCIL MINUTES DATE: (091698) State of Idaho) County of Madison( ss City of Rexburg) Present were the following: City Council 9/16/98 7:30 p.m. Mayor: Bruce Sutherland Councilmembers: Glen Pond Farrell Young Kay Beck Nyle Fullmer Marsha BjornIl Paul Pugmire City Clerk: Rose Bagley, excused Finance Officer: Richard Horner, excused Engineer: Joe Laird Attorney: Stephen Zollinger Others: Former Mayor, Nile Boyle Janet Williamson, minutes Pledge to the Flag. A motion was made by Farrell Young and seconded by Nyle Fullmer to approve the minutes. All Aye. RE: SWEARING IN OF BRUCE SUTHERLAND AS MAYOR AND PAUL PUGMIRE AS COUNCIL MEMBER TOPIC: (22,61,,,NAYOR, COUNCIL,ELECTION) Glen Pond turned the meeting over to Stephen Zollinger for the swearing in of Mayor Sutherland. Mayor Sutherland thanked Mayor Boyle for his service and presented him with a nice plaque from the Council and citizens of Rexburg. Mayor Sutherland presented the name of Paul Pugmire for council member to replace him. Farrell Young moved to appoint Paul Pugmire to the City Council. Marsha Bjornn seconded the motion. All Aye. Stephen Zollinger proceeded with swearing in Paul Pugmire as a City Council member. Because of the changes that have been made in the Council, Mayor Sutherland said there were some changes to be made in Committee Assignments. He then read the new Committee assignments.~(Copy on file) He had put Marsha Hjornn to work with the Tabernacle and Fine Arts committee but because of their meeting time being at 4:OOp.m., when she was unable to attend, he then asked Farrell Young to stay with that committee. Farrell will continue to be on the Airport Board also. RE: DAVID WALTERS FUEL TANK TOPIC: (22,61,,,TANKS,FUEL,E.P.A.,P&Z) David Walters --- Fuel Tanks At the present time he has 2 12,000 gallon tanks underground and he needs to replace them with 2 new ones to meet the E.P.A. regulations. He wants to use 2 single wall, 12,000 gallon tan)cs, in a concrete vault and that meets the E.P.A. requirements. But, the E.P.A. considers a '~-'~---- fuel tank as being above ground if it is not covered with dirt, even though it is below ground. The City has an Ordinance against above ground tanks and he is asking for a variance to do thie. Stephen asked David if he had had any drawings drawn up and what portion of the tank would be below the level of the concrete. David said there would be an B foot deep basement, ground level. The tanks would be 8 foot diameter, so the top of the tank would be approximately level with the ground. There would be a wall extended above that and a ~~ roof over that. Stephen said the primary purpose to the prohibition to above ground tanks has been aesthetics. It was not a safety issued to date that had been discussed. The fire code requires the prohibition because of gravity fed fires. Stephen's recommendation from a legal stand point, is the ordinance is not applicable in this particular case. He feels he needs to come before P & Z with a set of drawings showing what is proposed so the engineers can review them and sign off on the drawings. Glen made a motion that pending P & Z approval, the engineers and fire inspectors approval that they go ahead and approve it. Nyle seconded the motion. All Aye. RE: DAVID HOLTMAN VALLEY WIDE CO-OP FUEL TANKS TOPIC: (22,62,,,FUEL,TANKS,RIGHT-OF-WAY, CO-OP) David Holtman, Valley Wide Co-op explained that the Co-op has 12 underground tanks - 6 in front of the station and 6 behind. They need to pull them out and replace them with tanks that meet specifications. (Quoting from his letter of explanation sent to Council: "Currently, our front dispensers are fed from these 12 fuel tanks in the rear of the building and piped from the tanks, underneath the store, to the front. Because the mandates require new piping, and the fact that we are unable to pipe from the new tank locations under the store as is now the case, we must bury the lines alongside the west wall of the store to reach our front dispensers. This is the most logical and cost effective route for us; however, our situation is this; The city owns and/or has rights to 49 5 ft on both sides of the centerline of 1st street. The curb to curb distance of 1st street is 60 feet, leaving 19.5 feet beyond the curb on both sides that may be city property. This distance takes us right up to the west wall of our building. If in fact this is city property, Valley Wide Cooperative is seeking permission to bury the new fuel lines along the west wall of our store to the extent of 5 feet to the outside of that wall and to a depth of 3 feet. This 5 ft. area is not sidewalk area but is concrete. Our plans are to bury the lines and replace the concrete." Joe could not see any problem with it but felt we needed a written agreement covering liability. Stephen said what we would require is "a releasing indemnification, releasing us from any responsibility and indemnifying us from any damages caused. Giving it is a new system they are putting in they will get one from the installer. We would need something similar from Valley Wide to the City of Rexburg. That would cover us legally. The question to the Council is are you prepared to grant permission for them to use the right of way for this purpose. Joe did say that he saw a problem if someone would come there digging and not be connected with digline and might accidentally dig it up. Maybe they could mark it with red paint or something. Mr. Holtman said they planned to do something. Kay made the motion that upon receipt of the indemnification and the approval of the engineering as far as identifying the lines that we grant them permission to go ahead. Nyle seconded the motion. All Aye. RE: REQUEST FOR FOUR WAY STOP AT 1ST SOUTH AND CENTER TOPIC: (22,62,,,STOP SIGN, IST SOUTH,CENTER ST.) Angie Owens made a request for a 4 way stop at the corner of 1st South and Center. They just recently moved there and she feels it is necessary and would make the corner safer. Kay said that the safety committee would be glad to look in to this. Mayor Sutherland asked him to do this and to find out what is warranted by the State for a 4 way stop and also to have Chief Archibald or a police officer on his committee. (;~--`' RE: WALKER SUBDIVISION SECOND PHASE APPROVED TOPIC: (22,63,,,HEALTH DEPT.,WALKER*KE ITH,SUBDIVISZON) Keith Walker was present to present Phase 2 of the Keith Walker Preliminary Plat. Kay moved that on approval of the Health Department that they approve the plat. Nyle seconded the motion. All Aye. RE: RETRIX DANCE CLUB PROPOSED CABARET PERMIT TOPIC: (22, 63,,,DANCE CLUB,RETRIX, CABARET) --•- Shawn Bailey of Retrix Dance Club was present seeking some information on how the Council felt about additional licensing and permits for dance halls and cabarets and he had some information to give to the Council. (He gave the council a rough draft of other City ordinances. Copy on file.) Farrell Young asked if he was asking for more regulations and Shawn said yes. Nyle asked if he was looking to obtain a beer license and he said no. He is looking for where we can have parties, what we can do as far as being in the city, making sure that companies that are putting on promotions are properly insured, etc. He reviewed some of the regulations on his hand out Alice Bingham who lives next to Retrix was present and said the dance club ran wild before Shawn told over and she feels he is trying to get something that will help him get some control and she supports Shawn and what he is doing. _ Mayor Sutherland told Shawn they would review his hand out and ask Stephen to look at it and see what we might already have in place. RE: FALL CLEAN UP FOR 1998 TOPIC: (22,63, FALL CLEAN UP) ""'~ Next, the Council considered setting the date for Fall Clean Up. Kay was concerned about the size of some things that are being put out and ,~.. the Mayor felt we should publish the perimeters with the date --- mainly that it is possible to be picked up by one man. Glen Pond moved that Fall Clean Up be set for October 1st thru October 17th. Nyle Fullmer seconded the motion. All Aye. RE: SURPLUS EQUIPMENT TOPIC: (22,63,,,SURPLUS EQUIPMENT, RECREATION) Surplus Equipment --- Council needs to set a date of sale. Council felt the recreation items mentioned earlier should be included with this surplus sale. Nyle Fullmer moved that they set October 15th for the surplus sale. Kay Beck seconded the motion. All Aye. RE: PARADE ORDINANCE TOPIC: (22,63,,,PARADES,PUBLIC GATHERINGS,STREETS) Under "unfinished business" they have the second reading of Ordinance 810, the Parade Ordinance. Mayor Sutherland recommended that they suspend the rules and pass the ordiance tonight. Paul asked Stephen if there was anyway this needed to be combined with what they had been talking about --- dances, public gatherings, etc. Stephen said the two are both fairly independent and can be handled comprehensively in their own ordinances. Glen mentioned that in the ordinance it asks for forms that they fill out and wondered if we have those forms. Stephen said they have a form that they have adopted for this use. Glen also asked about the fees --- each time they have a parade does the council have to determine what they want. Stephen said another option would be to formulate a table of charges and then pass that schedule of charges by resolution. One thing that they need to be very cautious of is large groups coming into the area that would require additional security. Kay wondered if it wouldn't be a bad idea to have each request came before the council. Glen didn't want to make it too cumbersome. Stephen (i suggested the best approach would be to pass a resolution establishing public interest parades would be charged. You would list a group of exempt parades if you were so inclined; such as, municipalities, schools, Chamber of Commerce, etc. Many cities establish that use of up to "x" number of police officers is covered by the permit fee. Any required officers above and beyond that the coat of said officers would be born by the permitee. Glen said that by next council meeting they ought to have a fee schedule resolution ready so that it could go along with this ordinance. A motion was made by councilman Kay Beck 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 810. ~...... Those voting aye: Xay Heck Nyle Fullmer Farrell Young Glen Pond Marsha Bjornn Paul Pugmire Those voting nay: None Paul asked why they wanted to move so quickly on this. Stephen said that Ord. 810 puts us in a position of dealing with large gatherings. If a large gathering generates enough of a crowd that it presents a traffic hazard or a health and safety issue, this would put us in a position to compensate the city treasury for any expenditures that were driven by a public rally. Time, place and manner is really all we can regulate legally.- We hate to have private fringe groups or any group simply taking over a street under the 1st amendment. Paul said this is the direction he is going here. Parades are one matter but the reference to public assemblies --- is this something that has been tested in the courts. Stephen said yes it has. One thing that the constitution has always allowed is for governmental entities to mediate or moderate the use of two individual groups of the same space.This gives ua the authority to review a schedule and if we end up with a scheduled event of the Human Rights Rally that wants to use the north end of Porter Park, and we have already pre-scheduled that for a private gathering of individuals who have rented that space, then we will request that the Human Rights move over to the East side of Porter Park. This simply gives us the ability to give them the rules upon which they are going to be regulated; such as, complete blockage of the sidewalk would never be allowed, etc. if at some point their rally grows to the size that it exceeds the space for which they have requested use then we would be in a position to say based upon your permit we are going to have to ask you to discontinue until such time as we can accommodate your needs. Paul asked when this ordinance would go into effect. Stephen said upon time of publication. Paul asked how big of group would be required to get a permit. The ordinance as writtenis silent to that. Stephen said any public gathering that goes out and advertises themselves as a public gathering. It has some exceptions. Paul said he would prefer to see the things Stephen described to him in the ordinance. If we are going to give it the force of law --- he thinks that they are bumping up against the edge of doing things they really don't want to do --- getting in the 1st amendment territory and regulating where, when and how people gather. He is concerned about spontaneous gatherings, about family reunions; he knows we are not trying to go there. Stephen said family reunions would not be covered because it is not a public gathering it is a group of individuals with a private purpose. Paul said that the ordinance is silent to that. Stephen said in absence of defined terms you look to Webster's or Black's Law Dictionary and there is a defined term for public assembly. This is an ordinance that has been challenged and upheld. The only thing we have changed in it is the name of the city. This has been upheld on the federal level. RE: ORDINANCE 810 PARADES AND PUBLIC GATHERING PASSED TOPIC: (22,64,ORD,610, PARADES,PUBLIC GATHERINGS,PARKS,POLICE,PERMIT) (~~_> Ordinance 810 was then placed before the council. The motion was made be Kay Beck and seconded by Nyle Fullmer that Ordinance 810 be passed. The mayor then called for the voting for final passage of the ordinance. Those voting aye: Kay Beck Nyle Fullmer Farrell Young Glen Pond Marsha Bjornn Paul Pugmire Those voting nay: None. ~' The roll showed all councilmen present voting "Aye" carried, the mayor I i declared that the majority of all the members of the city council had j voted for the passage of said ordinance was duly and regularly passed. j.. Mayor Sutherland declared the motion carried. Mayor Sutherland opened the floor to committee reports. RE: REPORT ON TAE SALE OF LOUISIANA-PACIFI TOPIC: (22,65,,,LOUISIANA-PACIFIC) Nyle mention that someone has made another offer on the Louisiana-Pacific property. Mayor Sutherland said Mayor Boyle had received a call about this and told them that we are not prepared to up our offer. The city owns a square right in the middle of it. RE: REPORT ON PUBLIC SERVICE GROUPS TOPIC: (22,65,,,POOL,MILL LEVY, LIONS CLUB) Marsha told the council that the Lions Club wants all the service groups to join together to look at buying property, etc. for a pool. Mayor Sutherland felt they would all be in favor of this. Glen pointed out though that next Spring they are going to ask the voters to increase their mil levi for streets. Marsha said she has heard people express their concerns that we keep '~'~ raising the rates on water and sewer. They are wondering if the money goes into a general fund. Stephen said no. Any monies collected on •_ water and sewer bills has to be spent on water and sewer infrastructure. Glen said we are not out of line with other cities with our fees only with our mil levis and there we are way low. Mayor Sutherland asked who would be able to ride in the Ricks College Bomecoming Parade. Paul, Marsha, Nyle, Glen and Bruce will all be able to ride in the parade. Glen moved to approve the bills. Farrell seconded the motion. All Aye. Glen moved that the meeting adjourn. Paul seconded the motion. All Aye. Meeting adjourned. v~ Bruce Sutherland, Mayor ~~ Rose Bagley, C~CleyYc~'