Loading...
HomeMy WebLinkAbout2010.09.01 CITY COUNCIL MINUTES1 September 01, 2010 Mayor Richard Woodland Council Members: Christopher Mann – Council President Rex Erickson Donna Benfield Bruce Sutherland Brad Egbert Adam Stout City Staff: Stephen Zollinger – City Attorney Richard Horner – Finance Officer John Millar – Public Works Director Christensen – Community Development Director Scott Johnson – Economic Development Director Blair Kay – City Clerk 7:00 P.M. City Hall – Pledge to the Flag Troop 56 of the Boy Scouts led the Pledge. Shane Turman gave the opening prayer. Roll Call of Council Members: Attending: Council President Mann, Council Member Erickson, Council Member Benfield, Council Member Egbert, Council Member Sutherland, Council Member Stout and Mayor Woodland. City Attorney Zollinger was excused and Attorney Aaron Davis represented the City Attorney’s Office. Public Comment: on issues not scheduled on the agenda (limit 3 minutes) – Larry and Audra Snow at 433 West 2nd South commented on the noise ordinance for dogs. The ordinance is too strict and needs to be amended. The noise ordinance should be the same for all circumstances. Cars, trains, airplanes, playing children, and dogs all make noise and should be regulated the same. People have dogs to protect their homes; the dogs can’t alert homeowners if they are forbidden to bark. The ordinance states a dog can’t even whimper. It is an issue that needs to be addressed. He asked City Council to review the ordinance and make appropriate changes. Mayor Woodland asked to have the dog ordinance on the next agenda. Presentations: - NONE Committee Liaison Assignments for 2009: A. Council Member Adam Stout Trails of Madison County · Traffic & Safety Committee · Airport Board Council Member Stout had nothing to report. B. Council Member Brad Egbert Legacy Flight Museum · Parks & Recreation · IBC Committee Council Member Egbert had nothing to report. C. Council Member Bruce Sutherland Museum Committee · Beautification Committee · Traffic & Safety Committee 35 North 1st East Rexburg, ID 83440 Phone: 208.359.3020 x2313 Fax: 208.359.3022 blairk@rexburg.org www.rexburg.org City Council Meeting September 01, 2010 2 Council Member Sutherland reported his committees have not met. He noted that Martel Grover has been made Chairman of the Museum Committee. D. Council Member Christopher Mann Emergency Services Board · School Board · MYAB Council President Mann reported Emergency Services has not met; however, the ground breaking for the new Sugar City Fire Department was held on Monday. There were a lot of people in attendance. Mayor’s Youth Advisory Board participated in the Celebrate Youth activity with a cotton candy booth. MYAB’s next meeting will be held next Wednesday at 5:00 p.m. in the Council Chambers. Mayor Woodland asked the public to involve their youth in MYAB. E. Council Member Donna Benfield Police Department · Romance Theatre Committee · Rexburg Arts Council · Tabernacle Civic Center · School Board Council Member Benfield reported committees are meeting next week. The Police Department has been very busy with burglaries, car thefts, and counterfeit money operations. They have been successful in catching the culprits. Testing for the new patrol officer is almost complete. There were 48 applicants; 34 applicants came in for testing. F. Council Member Rex Erickson Golf Board · Planning & Zoning · Rexburg Redevelopment Agency Council Member Erickson reported the Golf Board has not met; however, the previous month’s revenue report indicated expenses increased while revenue has decreased. This will allow for only a partial payment on the loan for the new nine hole section of the golf course. Planning and Zoning had a meeting two weeks ago with the same agenda item to be discussed tonight. The Rexburg Redevelopment Agency met and approved the financing for the Riverside Aquatic Facility. Public Hearings: - NONE Items for Consideration: A. Rezone 208 East 3rd South from Low Density Residential Two (LDR2) to Medium Density Residential Two (MDR2) for property located at 208 East 3rd South – David and Lana Chang Mayor Woodland introduced the Rezone 208 East 3rd South from Low Density Residential Two (LDR2) to Medium Density Residential Two (MDR2). The Planning and Zoning Commission approved the proposal in a Public Hearing on August 19, 2010. Community Development Director Christensen gave some staff information on the proposal. The proposal was presented on the overhead screen. The entrance on to 3rd South would be eliminated with parking space added behind the existing location where the current home sits. He referred to the minutes from Planning and Zoning indicating the motion with conditions. On August 19, 2010 in a Planning and Zoning public hearing, Dan Hanna motioned to recommend approval to City Council of a zone change from Low Density Residential 2 (LDR2) to Medium Density Residential 2 (MDR2) for the property located at 208 East 3rd South, including the conditions that: 1) the site plan and elevations be consistent with what was presented tonight and that there not be any access onto 3rd South; 2) the proposal be limited in density to no more than 8 units (48 beds); 3) the site plan includes sufficient landscape buffering to enhance the residential neighborhood; 4) the application for a building permit be initiated within 12 months following rezone approval by City Council (or the property would revert back to the current zone); and 5) at the time of the Conditional Use Permit proposal/public hearing, any concerns of the neighborhood are addressed through conditions. Ted Hill seconded the motion. The new building would look like a two-story single-family home from the back, without doors, sidewalks, or vehicular access to 3rd South. The new building would have to keep to the spirit of the likeness of a building presented to Planning and Zoning. It would need to be constructed of high-quality materials, including 50% brick exterior. Appropriate landscaping would be required to protect the surrounding neighborhood. If City Council approves the change, the property owners would be given one year to apply for a building permit before the property reverts back to its original zoning. Council Member Erickson asked about the specific conditions placed upon the property owners by the Planning & Zoning Commission. Community Development Director Christensen 3 reviewed Dan Hanna’s comments and the conditions included in the motion at the Planning & Zoning meeting. Carla Jimison at 255 Harvard Avenue asked about sufficient landscaping to buffer the neighborhood. She was concerned with the space between the building and the neighboring home. Community Development Director Christensen indicated the new building would be two- stories, looking like a normal single-family home from 3rd South. It meets Development Code requirements for the distance between homes and requirements for a buffering strip. There will be eight units in the new building. All entrances would face the existing Kensington Apartments parking lot. Council Member Benfield asked about what options the property owners have if the proposal is denied, and what options do they have if City Council approves. Community Development Director Christensen said the owner could build as allowed in the Pedestrian Emphasis Zone which includes reducing parking down to 15%. They could request additional units on the property and use the exiting home as a duplex. Staff thought this proposal solved the neighborhood concerns. They would have a right to have access onto 3rd South with the current home concerning any additional development. The home is adjacent to Kensington Apartments. The PEZ Zone could reduce the parking down to 15% by building additional building space in their existing parking lot. Some students will not be allowed to bring a car to the development. The University is planning to have a vehicle storage lot by their University housing available for car storage. The existing apartment building would not be connected to the proposed development. The buildings would share the parking lot and use the same street access. The parking lot is currently at 60% capacity. Because it is in the PEZ Zone, they have more parking spaces than they need. The PEZ Zone was created to help with a walking University. Higher density is encouraged near the campus. Discussion on future PEZ Zone development for additional units at Kensington Apartments. The present proposal calls for eight units where the home is located and six additional units north of Kensington Apartments. 4 Those in favor of the proposal: Mrs. Lana Chang explained they bought the property and desired to make the property better. They want to be good apartment owners. They have owned Kensington Apartments for seven years. Recently they have had additional students parking on their lot including professors; therefore they started issuing parking stickers. The students will have no reason to go near 3rd South. They could provide incentives to students to come without their cars. The proposed parking would be sufficient without an incentive. Their intent was to come up with a plan that would fit the neighborhood and help with the University’s plan to have a walking campus. Chad Alldredge at 243 South 1st East indicated he was the architect. He felt it was a well thought-out and respectful plan. He explained they could double their size and run the access out onto 3rd South. He thought this was a good option for the property. Those opposed to the proposal: David Pulsipher at 334 South 3rd East is President of the 3rd East Neighborhood Association. He wanted to address the issues of the property. He acknowledged that the Changs are wonderful people and have been always been accommodating to the neighbors; however, they might not have property owners as great as the Changs in future. This is a discussion on a piece of property, and not a discussion about the people who own the property. It is important to protect the neighborhood. He presented some overhead slides of the neighborhood, showing some of its history. The trend in the past decade has been to make zoning more and more restrictive. The existing neighborhoods to the east of the property have changed their zoning from LDR2 to LDR1 to restrict duplex housing; thus, they are zoned for single family homes. The current feeling of the neighborhood association is to draw the line on this property. He reviewed the history of the property chronologically: 1. The Porter family owned the home as a single family home; 2. BYU-Idaho purchased the home to be used as an Alumni house; 3. Ms. Hinck purchased the property to be used for a “Bed & Breakfast; 4. The Nef famliy purchased the home to be used for a three-plex 5. The Chang family is the current owner requesting an eight plex. Mr. Pulsipher indicated each request has taken the property to a higher use. (Note: Hinck and Nef were denied Conditional Use Permits to change use or increase density). The proposals have all been denied in the past. If the property value would drop, someone could buy the home as a single family home again. He asked City Council to hold the property owners to every restriction if approval is granted. The line needs to be drawn somewhere to prevent the growth from spreading to their neighborhood. They feel the line should be drawn here. Brent Barker at 233 East 3rd South said they are concerned with the following: 1. Density of students 2. Traffic 3. Friend of the tenants will park on 3rd South 4. Property values In years past, residents were assured by school officials that growth would not be encouraged further out than 2nd East. At the Planning & Zoning meeting school officials made statements in favor of the increased density, stating that Rexburg needs more developments like this. Mr. Barker said if the proposal is approved it needs to end with this property. He asked the City Council to put a stop to the growth encroachment on their neighborhood. Please do the right thing. There are 50 or 60 people in the neighborhood worried about their property values and quality of life being affected. Carla Jimison at 255 Harvard Avenue read a statement. She was concerned with additional density of students in her neighborhood. This property does act as a buffer to her neighborhood. She addressed the argument that the property is on a busy street and not suited for a family; however, many families with children live on 2nd East. The home has not been allowed to adjust to its true market value. Each new owner has planned to increase density for make the property viable as an investment. She referred to Mt. Pleasant, Michigan, a college town experiencing similar growth problems. Student housing units have been given incentives to revert back to single family housing. We 5 don’t want that problem here. In her neighborhood, several homes have sold recently to families with children. New families will come in. She asked the City Council to support the neighborhood. David Peck at 323 South 3rd East is President of Harvard Homeowners Association. He hopes City Council does not view them as people who are resisting change; they are time experienced home owners trying to preserve the value of their home investment. Family friendly neighborhoods are being affected by what is termed “apartment creep.” He asked for those who are concerned with this proposal to stand. He read a statement. He is concerned with the city approving projects because they simply look like a family unit. The bigger concern is who is going to live in that structure, families or single girl students? They consider this home a gateway property into their neighborhood. Council Member Sutherland asked if there were any single family homes that are not apartments on the south side of 3rd South from 2nd East to Harvard Avenue. Douglas Hancey at 378 Yale Avenue wanted the family neighborhood protected. He asked where the City Council stands: with the families or with the developers? Mrs. Chang responded by indicating the proposal is as good as that corner can do. It has not sold as a single family home for seven years. It is not good for a property to fall in value. She wants to take care of the property. It seems logical to have apartments on a busy street to transition into a neighborhood. Mayor Woodland asked the City Council to discuss the proposal. Council Member Stout indicated he was in favor of the rezone request. The problem started when the property was sold for the construction of Kensington Apartments in the first place. This proposal would not hurt home values; letting the property sit vacant, hoping it will fall in value, is what will hurt home values in the neighborhood. This is a good attempt to fix a problem area and clean things up. Council Member Erickson asked if the zone change proposal met the Comprehensive Plan and the Land Use Map. Community Development Director Christensen responded it met the Comprehensive Plan at the time they applied for a re-zone. Council Member Erickson has seen four plans in six years. This is by far the best plan that has come before the City Council. It eliminates the access onto 3rd South. He mentioned the hospital change in his neighborhood was good for his neighborhood. The staff will see to that the changes are good, and they are done right. He discussed the problem of creep; it stops with the owner who sells the property, not the buyer. You can’t stop people from selling their property and making a profit on it if they want to. He has spoken with a lot of people who think this will be the best thing for that property. Council Member Mann expressed four areas of concern. Have we listened to the neighbors? They are the ones the City Council represents. He asked how many homes the City Council is going to allow to be torn down. Is the reasoning for the change about profits over neighborhoods? He referred to investment gambling; it’s not good economic policy or Planning & Zoning policy. The line should be drawn at the east side of 2nd East. Council Member Benfield expressed her concern with this situation. Many people are present to speak against the proposal and Planning & Zoning has already taken a stand. She looks to Planning & Zoning to give a recommendation of what is allowable, what is legal, and what fits. Her job is to represent the citizens and consider their concerns. It is hard to go against Planning & Zoning, but it is up to City Council to determine if it is appropriate. She said there are other properties in the city that could be developed into apartments. Council Member Sutherland said it is a challenging thing. One of the challenges is what is best for the entire community. He gave the example of widening 2nd East from Main Street up to Poleline Road. No one wanted it widened. People thought the neighborhoods and property values would be destroyed, etc. The challenge for a City Council member is to look at the situation and determine what will be the best thing for the community in 15 or 20 years. The loss of trees was a concern for the development of 2nd East. He counted the trees, bushes, and shrubs along the road and made a request to the state to replace those plants. He still had people who would not talk to him for months. His point is if they had not made the decision 20 years ago, in spite of all the opposition, they would not have been able to handle the traffic on 2nd East with the new Temple and the growth of BYU-Idaho. 6 Council Member Egbert said he apologized for any criticism of California developers. He compared options for Kensington Apartments with what is allowable in the PEZ Zone and this proposal, which avoids access onto 3rd South. As far as what they can do, this proposal is the best option. The Changs have made a great effort to accommodate to the desires of the neighbors. The traffic issues will occur either way. This development will not be negative for property values in their neighborhoods. If this is done right, it will improve the situation for their neighborhood. Parking requirements have changed with the (PEZ) Pedestrian Emphasis Zone. Council Member Stout moved to approve the re-zone at 208 East 3rd South from Low Density Residential Two (LDR2) to Medium Density Residential Two (MDR2) with the conditions set by the Planning and Zoning Commission; Council Member Egbert seconded the motion; Discussion: None. Mayor Woodland called for a vote: Those voting aye Those voting nay Council Member Erickson Council Member Mann Council Member Sutherland Council Member Benfield Council Member Egbert Council Member Stout The motion carried. Staff Reports: A. Public Works: – John Millar 1. Approve bids for HVAC/Plumbing contract and Electrical contract for Riverside Park Aquatic Facility. Public Works Director Millar asked for approval of the low bids for HVAC/Plumbing contract and Electrical contract for Riverside Park Aquatic Facility and he reviewed current projects. a. HK Contractors on 12th West has had some problems with scheduling the milling machine. They will start pulverizing the old pavement on the 13th of September. The street re-opening will be on the 23rd of September with new paving being completed on the 27th of September. b. The new Wastewater Plant Bio-Tower is complete with media being installed next week. The floor in the tank will be poured Friday morning. They will begin installing the media in the tank Monday morning. Media installation is a 30-day process. All but 10 truckloads of the media have been delivered; the last loads will come in on Monday. 50 truckloads of filtering material are needed for the new tank. The steel portion of the tank is complete and the tank will hold 1,000,000 gallons of liquid. The step screens will arrive tomorrow. The electrical is ahead of scheduled with all electrical panels are installed. The piping is also ahead of schedule. The project is moving along well. c. The 2nd South project has had some setbacks because of recent weather conditions, causing a one week delay. The street is scheduled to be completed by the middle of September. d. The 6th South project will start work on sewer piping in a week. e. Traffic to the new high School is good except for 13 - 15 minutes in the morning. A police officer monitors traffic during peak times. Further meaningful traffic studies will be conducted in the future to maximize traffic control. The 12th West traffic going to the high school is within 20% of the traffic on University Blvd. US 20 is not being used for the high school access. The outflow traffic from the high school parking lot causes a backup of traffic onto 12th West. Until traffic patterns around the schools are settled into a normal pattern, they will continue to work with officers to monitor the traffic. They will come up with a plan to present to City Council after more thorough traffic studies. 7 f. Johnny Watson at JRW and Associates reviewed the bids for electrical and plumbing. Every bid so far has been less than the budgeted number. The difference was less than a $1,000 for the two low bids for electrical. Rexburg Plumbing and Heating’s Plumbing and HVAC bid was low at $278,800. Pole lights will be on the new street to avoid dark spots. It will be a lot easier to monitor the facility with more lighting. Rexburg Plumbing should receive their parts tomorrow. The underground plumbing can start tomorrow at the north end of the building. They will begin with the men’s locker room and continue plumbing down a corridor to the women’s locker room, then family changing areas and exterior restrooms. The masonry work will begin on the north end of the building mid September. Johnny Watson reviewed some photos of the project on the overhead screen. Explaining how the construction is moving along with masonry work on the building to begin near the middle of September. He explained the use of a surge tank. It reserves enough water to keep water flow consistent. The city installed a surge tank at the splash park as well. By next City Council meeting, they will be ready to begin putting the blocks on the building. Council Member Benfield asked how many workers are on the site every day. Johnny Watson said it varies every day. There are usually at least a dozen workers there from different crews. When projects get going there will be progressively more. Johnny Watson explained why they dug out the pool site and then refilled it. Because it was formerly a fill site, they want to be sure all garbage is removed and the land is tightly compacted. 8 Mayor Woodland called for a motion to approve the low bids on the Riverside Aquatic Center. Council Member Sutherland moved to approve the low bids for “electrical” work for the Riverside Aquatic Facility from Leishman Electric for $263,000 and from Rexburg Plumbing and Heating for “HVAC and Plumbing” for $278,800; Council Member Egbert seconded the motion; Mayor Woodland called for a vote: Those voting aye Those voting nay Council Member Erickson None Council Member Sutherland Council Member Egbert Council Member Mann Council Member Benfield Council Member Stout The motion carried. B. Finance Department: – Richard Horner 1. Monthly Budget Report Monthly Budget Report deferred to next meeting. Calendared Bills and Tabled Items: A. BILL Introductions: NONE B. First Reading: Those items which are being introduced for first reading. 1. BILL 1053 Electronic Pawn Tracking Ordinance Mayor Woodland asked Detective Shane Turman to explain Electronic Pawn Tracking. Detective Shane Turman explained Ordinance 1053 would change how pawn dealerships operate in Rexburg as far as reporting items that are pawned and transactions to the Police Department. In the past, a person wanting to pawn an item would fill out a form reporting their name and the item. Police collected these forms weekly and sorted through them to search for stolen items. Many cities in eastern Idaho have implemented the use of online software to track stolen pawned items. This requires pawn shops to electronically enter the transaction information. Items can then be tracked by law enforcement agencies nationwide. 9 The software will not cost the Pawn Shops any money to provide the information. The Police Department can install the software for them; they have had the software for over a year but, have only been able to track pawn shops in other cities. The ordinance would require pawn shops in Rexburg to electronically input the transaction information by 5:00 p.m. on the following business day. Council Member Erickson asked how questionable items are reported by pawn shop owners now. Detective Shane Turman indicated pawn shops provide information on all questionable pawned items. Pawn dealers can submit a request to be refunded for stolen items they have processed. Attorney Aaron Davis said time is of the essence to catch the perpetrators of stolen property. Council Member Benfield moved to first read BILL 1053 - Electronic Pawn Tracking Ordinance; Council Member Stout seconded the motion; Mayor Woodland called for a vote: Those voting aye Those voting nay Council Member Erickson None Council Member Sutherland Council Member Egbert Council Member Mann Council Member Benfield Council Member Stout The motion carried. B. Second Reading: Those items which have been first read. 1. BILL 1052 Amend Appropriation Budget 2010 Finance Officer Horner asked for questions. Council Member Erickson moved to second read BILL 1052 amending the Appropriation Budget 2010; Council Member Stout seconded the motion; Mayor Woodland asked for a vote: Those voting aye Those voting nay Council Member Erickson None Council Member Sutherland Council Member Egbert Council Member Mann Council Member Benfield Council Member Stout The motion carried. A. Third Reading: Those items which have been second read. 1. BILL 1050 Appropriation Budget 2011 Finance Officer Horner presented the final reading of BILL 1050 Appropriation Budget 2011. He asked for any requested changes. He handed out a four page summary of the new 2011 Budget. Discussion: Council Member Sutherland asked about new taxes on construction. Taxes were not increased for this budget. Tax revenues fluctuate with value and inflation. Finance Officer Horner asked City Council to review the budget and respond to him with any questions or corrections. Council President Mann moved to third read and approve BILL 1050 Appropriation Budget 2011; Council Member Benfield seconded the motion; Mayor Woodland called for a vote: 10 Those voting aye Those voting nay Council Member Erickson None Council Member Sutherland Council Member Egbert Council Member Mann Council Member Benfield Council Member Stout The motion carried. Tabled Items: Those items which have been the subject of an affirmative vote to a motion to table: - NONE Mayor’s Report: A. Proposal for “fifteen minute parking stalls” on Main Street, Center Street, Carlson Avenue, etc. Mayor Woodland asked Scott Johnson to report on the proposal to initiate 15 minute parking at some locations. The plasma center is a location needing 15 minute parking for pickup and deliveries. Mr. Johnson said it could eliminate some parking problems. More businesses are moving to the downtown area. Two businesses have asked for this short time parking. Council Member Sutherland asked how the 15 minute parking could be monitored. The intent is to have it to be a self monitored program. They would like to start with a couple of 15 minute parking spots on College Avenue or Main Street for the Plasma Center. Council Member Erickson was favorable to the 15 minute parking spots if all business are treated the same. Discussion: Council Member Benfield did not think every business would need the parking spots for loading zones. The proposal will be explored with the businesses and a proposal will be presented at a later date. Council Member Benfield asked if the city sent a letter to BYU-I asking to avoid using Porter Park for a running track. No one was aware of any letter sent to BYU-I requesting classes to avoid using Porter Park. B. Veteran’s Memorial Fund. Mayor Woodland reviewed the Veteran’s Memorial Fund at about $20,000 to enhance the Veteran’s Memorial. Mayor Woodland wanted City Council to be aware that he approved the purchase of an eagle statue, which was paid for by Veteran’s Memorial Fund’s. C. Veteran’s Picnic to recognize the veteran’s. The Veteran’s Picnic will be held on September 11, 2010 from 11:00 a.m. to 4:00 p.m. to honor 150 armed forces being deployed to Afghanistan on the 17th of September. Food (paid by a VFW Grant) will be provided for the military families at 12:00 P.M. Saturday, September 11, 2010. The high school band will provide patriotic music. There will be games and prizes for kids. D. Cloud seeding. Mayor Woodland asked for up to $2,500 to help fund cloud seeding. Council Member Mann explained that the injection for cloud seeding Council Member Sutherland moved to award up to $2,500 for cloud seeding; Council Member Benfield seconded the motion; all voted aye, the motion carried. Those voting aye Those voting nay Council Member Erickson None Council Member Sutherland Council Member Egbert Council Member Mann Council Member Benfield Council Member Stout 11 The motion carried. Council President Mann asked for a rap-up of the carousel, rush tri, etc. for the year. Council Member Stout asked to rename 4th East as “Veteran’s Memorial Drive” – Need to ask the neighbors. They would like to have the signs up by the 11th of September. Council Member Stout moved to rename the section of 4th East by the Veteran’s Memorial to Veteran’s Memorial Drive, if neighbors concur. The new signs could be labeled with both 4th East and Veteran’s Memorial Drive. Council Member Benfield seconded the motion; Mayor Woodland called for a vote: Those voting aye Those voting nay Council Member Erickson None Council Member Sutherland Council Member Egbert Council Member Mann Council Member Benfield Council Member Stout The motion carried. Consent Calendar: The consent calendar includes items which require formal City Council action, however they are typically routine or not of great controversy. Individual Council members may ask that any specific item be removed from the consent calendar for discussion in greater detail. Explanatory information is included in the City Council’s agenda packet regarding these items. Minutes: A. August 18, 2010 meeting B. Approve the City of Rexburg Bills Council Member Sutherland moved to approve the Consent Calendar consisting of the minutes, and the city bills; Council Member Egbert seconded the motion; Those voting aye Those voting nay Council Member Erickson None Council Member Sutherland Council Member Egbert Council Member Mann Council Member Benfield Council Member Stout The motion carried. Council Member Egbert moved to adjourn; Council Member Stout seconded the motion; all voted aye. The motion carried. Adjournment __________________________________ Richard Woodland, Mayor Attest: 12 ________________________________ Blair D. Kay, City Clerk