HomeMy WebLinkAbout2012.11.28 CITY COUNCIL MINUTES
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November 28, 2012
Mayor Richard Woodland Council Members:
Christopher Mann Jordan Busby Donna Benfield Jerry Merrill Bruce Sutherland Sally Smith City Staff: Stephen Zollinger – City Attorney
Richard Horner – Finance Officer John Millar – Public Works Director Val Christensen – Community Development Director Scott Johnson – Economic Development Director
Blair Kay – City Clerk
7:00 P.M. City Hall – Pledge to the Flag
Mayor Woodland welcomed everyone to the meeting.
Roll Call of Council Members:
Attending: Council President Mann, Council Member Sutherland, Council Member Benfield,
Council Member Merrill, Council Member Smith, Council Member Busby and Mayor Woodland.
Police Officer Randy Lewis led the Pledge to the Flag.
Ben Johnson said the prayer.
Public Comment on non-controversial issues: not scheduled on the agenda (limit 3 minutes)
Presentations:
A. SnoShackOais, LLC – Ryan Ballard
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
November 28, 2012
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Ryan Ballard at 28 Mill Race Road speaking only on behalf of SnoshackOasis LLC partnership
commented on a letter presented to City Council by Mr. Robert Coray addressing mobile businesses.
Mr. Ballard addressed three main assumptions made by Mr. Coray. SnoshackOasis has been in
Rexburg since 1978 and is as much of the community as any business that operates twelve months
out of the year. Like brick and mortar businesses, SnowshackOasis is subject to regulations. They are
regularly visited by the Idaho Department of Health and Welfare, building regulations are followed,
and every safety precaution is taken to provide safety to the public. SnowshackOasis adds great
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value to the community by employing 25 to 35 people every year. Regulation should be imposed
only when needed and not to decrease competition for brick and mortar businesses.
Council Member Benfield and Council Member Smith asked to have a work meeting on
December 05, 2012 at 6:00 P.M. to review temporary seasonal businesses and address the concerns
of brick and mortar businesses. The meeting will be advertised in the newspaper and the normal
email list.
Committee Liaison Assignments for 2012:
A. Council Member Christopher Mann: Golf Board · Emergency Services Board · MYAB
Council President Mann reported MYAB did not meet. The Emergency Services Board met
last night. Mike Walker from the Rexburg Fire Department presented the work done during the
summer fires on the overhead screen.
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Council President Mann commented on the heroism from the Rexburg Fire Department.
Council President Mann presented Johny Watson to be appointed to the Golf Board. Madison
County has appointed Johny Watson to the Golf Board replacing Trent Cichos. The Golf Board
will recognize Trent’s service to the Golf Board at their next meeting. Council President Mann
asked to have the City Council confirm the appointment.
Council Member Benfield moved to confirm the County appointment of Johny Watson to the Golf
Board; Council Member Merrill seconded the motion; Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council President Mann None
Council Member Merrill
Council Member Sutherland
Council Member Benfield
Council Member Smith
Council Member Busby
The motion carried.
B. Council Member Jordan Busby: GIS Oversight · Airport Board
Council Member Busby reported the Airport Board has not met. The GIS meeting has been
postponed.
C. Council Member Donna Benfield: Trails of Madison County · IBC · Teton Flood Museum Committee · M.E.P.I.
Council Member Benfield reported the Trails of Madison County met on the 15th of
November. The committee discussed a bike park and possible grant for building one, a pedestrian path along Poleline Road, and connecting a trail by 1st North. M.E.P.I. will meet next
Monday, December 3rd.
D. Council Member Sally Smith: Legacy Flight Museum · Rexburg Arts Council (Romance Theatre & Tabernacle Civic Center, Orchestra)
Council Member Smith reported the Arts Council will be meeting next Thursday, December
6th. Many events have taken place at the Romance Theater and the Tabernacle recently. The Legacy Flight Museum will not meet until January.
E. Council Member Jerry Merrill: Beautification Committee · Parks & Recreation · Traffic & Safety ·
Urban Renewal Agency
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Council Member Merrill reported the winter programs for Parks & Recreation are continuing
well. Regarding Traffic & Safety, street light are being installed around town. The Traffic &
Safety Committee is looking for new members. Council Member Merrill suggested an idea to
paint murals on snow plow blades. The Urban Renewal Agency is considering participating with
Madison County in building a pocket park by the Madison County Court House.
F. Council Member Bruce Sutherland: Planning & Zoning · School Board · Police
Council Member Sutherland reported Planning & Zoning met a couple weeks ago and
discussed some of the topics on the agenda tonight. Regarding Police, Sgt. Gary Hagen is
receiving an award tonight. Council Member Sutherland thanked the Police Department and
Emergency Services for everything they do.
Mayor’s Report:
A. Lifesaving Award for Sgt. Gary Hagen from the Police Department – Chief Turman
Chief of Police Shane Turman presented Officer Gary Hagen with the “Rexburg Police
Department Life Saving Award” for saving an 11 month old infant’s life that could not breathe. He
stopped the parents’ car on the way to the hospital and preformed the Heimlich maneuver to save
the infants life.
NOTE: Heimlich Maneuver - “Choking because of an obstructed airway is a leading cause of accidental
death. If a choking person is not coughing or is unable to speak, that's your cue to perform the Heimlich maneuver
immediately.
Chief of Police Shane Turman recognized Police Officer Benjamin Johnson for completing the
Idaho Peace Officers Standards and Training Academy.
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Public Hearings:
A. 7:30 P.M. Ordinance 1097 Assessment Roll for Local Improvement District Number 42 ("L.I.D. 42)
Written correspondence:
Presentation by staff: Engineer Keith Davidson explained resident concerns that
surfaced after the construction work was completed. The concerns were resolved and will
be addressed next spring.
Facts to offer into the record by City Council members: - NONE
Public Testimony in favor of the proposal (5 minute limit): - NONE
Public Testimony neutral to the proposal (5 minute limit): - NONE
Public Testimony opposed to the proposal (5 minute limit): - NONE
Rebuttal by applicant: - NONE
Hearing closed for deliberations:
Council President Mann thanked city staff for their efforts to address and resolve public
concerns.
Council President Mann moved to approve the Assessment Roll for Local Improvement District
Number 42 (L.I.D. 42); Council Member Benfield seconded the motion; Mayor Woodland asked for
a vote:
Those voting aye Those voting nay
Council President Mann None
Council Member Merrill
Council Member Sutherland
Council Member Benfield
Council Member Smith
Council Member Busby
The motion carried.
Items for Consideration:
A. Rezone – 137 North 3rd West – Low Density Residential 2 (LDR2) to Medium Density
Residential 2 (MDR2) - (Hanna Properties)
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Public Input:
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Petition against the rezone of Hanna Property:
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Site plan drawing of the proposed zone change:
Dan Hanna presented his proposal to add a four-plex to his development. It complies with the
Comprehensive Plan. Amenities (i.e. playground) will be maintained for the children. The site plan
map above shows the building will be in compliance with landscape and setback requirements.
Additional landscape and sidewalks will be added to the front of the property to bring the property
into compliance with requirements. The 4 different parcels will be brought together to make one
cohesive property. This zone change follows the city’s comprehensive plan.
Discussion on the neighborhoods opinion on the project.
Council Member Busby asked City Attorney Zollinger about the non-compliant issues arising with
the development. City Attorney Zollinger explained the two existing buildings have been
grandfathered into their current zone and there are no requirements to bring them into compliance.
The current buildings cannot be altered further out of compliance; however, any new buildings
would have to comply with the code.
Council Member Busby continued to review the neighborhood issues with the rezone.
City Attorney Zollinger reviewed the testimony given in the Planning and Zoning Public Hearing.
Mr. Hanna reviewed the confusion on how the Comprehensive Plan was developed and how it affects
the application process. His proposal is an investment decision; He reviewed the issue of a conflict of
interest. The applicant explained P&Z Commissioners have been very careful to avoid a conflict of
interest. He proposed the rezone as a citizen and he relinquished his right as a P&Z Commissioner to
vote on the proposal due to a conflict of interest.
Council Member Busby reviewed the letter submitted by Brandon Kuhns. Brandon Kuhns explained
some of the comments made after the Planning and Zoning deliberations. Mr. Kuhns’ would like his
voice to be heard.
Karl Hanosky reviewed the site-plan on the overhead screen. Mr. Hanosky felt the new four-plex
would not fit on the lot and be compliant with code. (Site plan reviews are not taken into consideration with
rezone proposals.)
Mr. Hanna was asked if he had any other input.
Council Member Merrill asked about the lot size. It is 8/10s of an acre.
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Council President Mann asked about the parcel behind the shop.
Council Member Benfield asked staff about the five concerns on the petition.
Mr. Hanna indicated he addressed the petitioners concerns on the petition.
City Attorney Zollinger indicated the decision tonight only concerned a zone change proposal.
Zone changes should be looked at as a worst case scenario.
Council President Mann moved to deny the proposed rezone of property at 137 North 3rd West from
Low Density Residential 2 (LDR2) to Medium Density Residential 2 (MDR2); Council Member Benfield
seconded the motion; Discussion: Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council President Mann Council Member Sutherland
Council Member Busby Council Member Merrill
Council Member Benfield
Council Member Smith
The motion carried to deny the proposal.
B. Conditional Use Permit – 410 West 1st North – to allow an Assisted and Residential Care
Facility - (Madison-Carriage Cove)
City Attorney Stephan Zollinger disclosed he has a conflict of interest with this proposal
because of his involvement with the Madison Memorial Hospital Board which is in
partnership with this assisted care facility.
Presentation by applicant: David Thueson at 360 West 3500 North owns the homestead
assisted living facility. This proposal is a 40,000 sq ft short stay facility. Patients will stay
anywhere from 5 to 100 days. The main focus is physical therapy, occupational therapy, and
speech therapy. The North wing has 20 rooms and the South wing has 15 rooms. The
development has received positive feedback by the neighbors. This development will service
a growing need in the area.
Madison - Carriage Cove Site Plan:
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Council Member Merrill moved to approve the Conditional Use Permit at 410 West 1st North to allow
an Assisted and Residential Care Facility per the Planning and Zoning Conditions - (Madison-Carriage
Cove) the “Standards Applicable to Conditional Use Permits” Section 6.12B in the Development Code
Ordinance No. 1026.; Council Member Sutherland seconded the motion; Mayor Woodland asked for a
vote:
Those voting aye Those voting nay
Council President Mann None
Council Member Merrill
Council Member Sutherland
Council Member Benfield
Council Member Smith
Council Member Busby
The motion carried.
C. Conditional Use Permit - to allow a lowered number of parking spaces and increased
density through the use of the Pedestrian Emphasis Zone (PEZ), Ordinance No. 1021, and
for 100% residential in the Mixed Use 2 Zone – Approximately 177 South 1st East -
(Sakkara Properties)
Architect Rendition of the Development:
Location of the Development Site within Rexburg:
BYU- IDAHO
SAKKARA PROPERTY
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Floor Plan of Sakkara Apartments:
Presentation by applicant: Rachel Whoolery at 2169 Ferris Lane reviewed the project on the
overhead screen. The Sakkara property consists of seven parcels. The current zone is Mixed Used 2 (MU2) and they are asking to be permitted to build 100% Residential. This property would
counteract the 100% Commercial located on Hemming Properties. Discussion on required percentages of Residential and Commercial within MU2.
Ms. Whoolery described the three-tier parking structure. The bottom level will only have access
from 1st East. The second and third levels will have access from 2nd South. The ingress and egress onto the 2nd and 3rd levels will be right turn only. The 3rd level will have snow plowed into a
basketball court during the winter. The parking structure will have 122 regular parking stalls, 34 visitor parking stalls, and 30 tandem parking stalls. The apartments will house 332 students and one
manager. The entire property currently has 15 units and will be increased to 51 units. It will have three different bike parking areas. Planning and Zoning motion:
“On November 15, 2012 a Conditional Use Permit (CUP) for this property was recommended to City Council
for approval from the P&Z Commission:
Mary Ann Mounts motioned to recommend to City Council to grant approval of a Conditional Use Permit for the property at approximately 177 South 1st East, to allow a lowered number of parking spaces and increased
density through the use of the Pedestrian Emphasis Zone (PEZ), Ordinance No. 1021, to allow 100% residential (zero % commercial), and to allow zero setback in the Mixed Use 2 Zone, and to include 4 proposed
conditions: 1) There shall be a pedestrian management plan for during construction, done in coordination with the City Engineer;
2) Include tandem parking in the project if possible; 3) Provide 8-foot wide sidewalks; and
4) There shall be a design review meeting for the project. Dan Hanna seconded the motion. None opposed. Motion carried.”
Council Member Merrill moved to approve the Conditional Use Permit to allow a lowered
number of parking spaces and increased density through the use of the Pedestrian Emphasis Zone (PEZ), Ordinance No. 1021, and for 100% residential in the Mixed Use 2 Zone with the Planning
and Zoning Conditions at approximately 177 South 1st East (Sakkara Properties); Council Member Smith seconded the motion; Discussion:
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Community Development Director Christensen reviewed the conditions recommended by the
Design Review Committee:
There was consensus of the Design Review Committee that:
1. Boulevard strips on both streets (2nd South; 1st East) will be 8 feet and will include trees. 2. Elevations approved as submitted – full review at time of building permit process.
3. Visually clarify public and private resident entrances possibly using flagstone paths for resident entrances. 4. Break up the length of retaining wall with landscaping, rock, etc.
5. A landscape plan will be submitted for review. 6. Applicant is encouraged to speak with neighbor on the east about the possibility of
removing existing fence and making a grassy common area. 7. Parking structure exits recommended to be right turn only onto 2nd South and right turn only onto 1st East
- to be determined by the City Engineer.
The applicant would like the CUP to include 100% compact parking within the parking structure.
All parking will not be compact; however, the full size will be adjusted in order to allow greater
room in the driving lane within the parking structure. This adjustment can only be permissible by
allowing 100% compact inside the parking structure. Council Member Merrill amended his motion
to include 100% compact parking allowed in the parking structure. Council Member Smith seconded
the amended motion; Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council President Mann None
Council Member Merrill
Council Member Sutherland
Council Member Benfield
Council Member Smith
Council Member Busby
The motion carried.
D. Bill 1095 – Amend Ordinance 1026 to include Infill and Sign Heights – Val Christensen
Community Development Director Val Christensen reviewed the reason to add the recently approved infill policy and sign heights to the Development Code. He also added the
infill language to the residential codes. The sign code was amended to include the 1500 foot radius for Hwy 20 interchanges for sign heights up to 40 feet high.
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Discussion on the decision to add higher signs to the interchanges.
1) Only one 40 foot sign per parcel is allowed on US 20 interchanges within the 1500 foot radius.
2) The interchange sign heights will be measured from the average grade level of the parcel to
the top of the sign.
3) The Hwy 20 interchange signs will be located on the interior of the lot off the right-of-way.
Council Member Busby moved to first read Bill 1095 to amend Ordinance 1026 to include Infill
and Sign Heights with amendments as discussed; Council Member Benfield seconded the motion;
Discussion: Council President Mann was opposed to having the higher signs. Continued discussion
on the Hwy 20 interchange sign locations off the right-of-way so they would not block the public’s
vision of the other properties. Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council Member Merrill Council President Mann
Council Member Sutherland
Council Member Benfield
Council Member Smith
Council Member Busby
The motion carried.
Staff Reports:
Public Works: – John Millar
1. Moving canal on West Main Street to allow a sidewalk along West Main Street.
2. New street lights on 2nd East and other locations.
3. Pedestrian vehicle accidents were reviewed.
4. Nine pedestrian lights will be added around the University by the University.
5. Burton School crossing pedestrian light will be added.
6. Trejo crossing pedestrian light will be added.
7. Wastewater plant upgrade is continuing.
8. Pinnacle building on South 1st East is under construction for apartments.
9. Water line failures on Main Street were reviewed.
10. Firewood from trees being removed is being given to requestors.
11. Kartchner’s 5th West project needs caution signage for large trucks entering onto 5th West.
Finance Department – Richard Horner
Finance Officer Horner said December 10, 2012 is the deadline for insurance changes.
Calendared Bills and Tabled Items:
A. “LAND USE ACTION” – BILLS RECOMMENDED/APPROVED IN A LAND USE
PUBLIC HEARING PROCEDURE: – NONE
B. BILL Introduction:
1. Bill 1094 – Stopping, Standing, & Parking replacing Ordinances 818A and 1028.
City Attorney Zollinger explained minor changes were done to 818A plus including Ordinance
1028 into a new ordinance. A home in the University parking district can have a permit for a
homeowner. The definition for a street face was changed to include both sides of the street. Parking
meters were removed.
Council Member Sutherland moved to suspend the rules for Bill 1094 for Stopping, Standing, &
Parking on city streets, replacing Ordinances 818A and 1028; Council Member Merrill seconded the
motion; Mayor Woodland asked for a roll call vote:
Those voting aye Those voting nay
Council Member Merrill None
Council Member Sutherland
Council Member Benfield
Council Member Smith
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Council Member Busby
Council President Mann
The motion carried.
Council Member Sutherland moved to third read and approve Bill 1094 for Stopping, Standing, &
Parking on city streets, replacing Ordinances 818A and 1028; Council Member Merrill seconded the
motion; Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council President Mann None
Council Member Merrill
Council Member Sutherland
Council Member Benfield
Council Member Smith
Council Member Busby
The motion carried.
2. Bill 1095 – Amend Ordinance 1026 to include Infill and Sign Heights.
BILL 1095 was first read under agenda item 8-D above.
3. Bill 1096 – Amend the International Fire Code Ordinance 1063.
Dale Pickering reviewed the changes to amend the International Fire Code. The changes include
public safety issues. Council Member Merrill requested any changes to the code to have fire
personnel available to comply with the code.
Council Member Busby moved to approve and first read Bill 1096 to amend the International Fire Code
Ordinance 1063; Council Member Smith seconded the motion; Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council President Mann None
Council Member Merrill
Council Member Sutherland
Council Member Benfield
Council Member Smith
Council Member Busby
The motion carried.
C. First Reading: Those items which are being introduced for first reading:
1. Ordinance 1097 Assessment Roll for Local Improvement District Number 42 ("L.I.D. 42)
Council Member Sutherland moved to suspend the rules for Ordinance 1097 Assessment Roll for
Local Improvement District Number 42 ("L.I.D. 42); Council Member Merrill seconded the motion;
Mayor Woodland asked for a roll call vote:
Those voting aye Those voting nay
Council Member Merrill Council President Mann
Council Member Sutherland
Council Member Benfield
Council Member Smith
Council Member Busby
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The motion carried.
Council Member Sutherland moved to approve and third read Ordinance 1097 Assessment Roll
for Local Improvement District Number 42 ("L.I.D. 42); Council Member Merrill seconded the
motion; Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council President Mann None
Council Member Merrill
Council Member Sutherland
Council Member Benfield
Council Member Smith
Council Member Busby
The motion carried.
D. Second Reading: Those items which have been first read: – NONE
E. Third Reading: Those items which have been second read: – NONE
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.
A. Minutes from November 07, 2012 meeting
B. Approve the City of Rexburg Bills
Council President Mann moved to approve the Consent Calendar and pay the bills; Council
Member Merrill seconded the motion; Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council President Mann None
Council Member Merrill
Council Member Sutherland
Council Member Benfield
Council Member Smith
Council Member Busby
The motion carried.
Adjourned at 10:13 P.M.
_____________________________ Richard S. Woodland, Mayor
Attest:
________________________________ Blair D. Kay, City Clerk