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HomeMy WebLinkAbout2014.09.17 CITY COUNCIL MINUTES 1 September 17, 2014 Mayor Richard Woodland Council Members: President Sally Smith Jordan Busby Donna Benfield Jerry Merrill Christopher Mann Brad Wolfe City Staff: Stephen Zollinger – City Attorney Matt Nielson – 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 BYU-I Student Kaeley Scruggs said the prayer. Police Chief Shane Turman led the pledge. Roll Call of Council Members: Attending: Council President Smith, Council Member Mann, Council Member Benfield, Council Member Busby, Council Member Merrill, Council Member Wolfe and Mayor Woodland. Public Comment on non-controversial issues: not scheduled on the agenda (limit 3 minutes): – None Presentations: Blake Willis of Rexburg stated he is part owner of the Towers Apartments and Hillcrest Apartments. He has talked with City Council concerning on street parking in the PEZ Zone and allowing continuous or overnight parking. He said most everyone has seen the number of cars parked on the street near the Ivy Apartments and are concerned. He is also aware of the complaints brought to City Council, regarding booting and lack of visitor parking. He urged City Council and Planning and Zoning to discuss options concerning “no overnight” parking in the PEZ Zone, any time of the year. Mr. Willis said eliminating overnight parking would free up visitor parking; this would be a partial solution. He said the Apartment Complexes that were built before implementing the PEZ Zone were required to have one parking stall for every bed (one to one); therefore, you are penalizing those earlier apartment complexes by allowing overnight parking on the street. He again urged City Council to consider changing the overnight parking policy in the PEZ Zone. Committee Liaison Assignments for 2014: A. Council Member Christopher Mann: Golf Board · Emergency Services Board · MYAB Council Member Mann reported the Golf Board did not meet, ESB will meet next week. Mayor Youth Advisor Board met last week for their open social and will meet again next week, they are doing very well. Brianne Groom the MYAB Chairman is doing a wonderful job. B. Council Member Jordan Busby: GIS Oversight · Airport Board · Traffic & Safety Council Member Busby reported none of the committees have met, however they are scheduled to meet next week. The GIS Committee will meet next Friday, September 26th to review new 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 17, 2014 2 software. The Traffic & Safety Committee will meet on Tuesday, September 23rd. The Airport Board attended a training meeting hosted by (Idaho Division of Aeronautics-Airport Basic Training Workshop) in lieu of their regularly scheduled meeting for this month. There will be more to report regarding the training they received in the next city council meeting. C. Council Member Donna Benfield: Police · Trails of Madison County · IBC · Teton Flood Museum Committee Council Member Benfield reported the Trails of Madison County Committee did not get the grant for the trail behind the Madison Junior High School. This was the committee’s third attempt to obtain the grant. They will not make another attempt in obtaining the grant; the committee will try a different direction to obtain funding for the trail. The grantors didn’t specify why the grant was denied. The Trails of Madison County Committee will be discussing a bicycle park similar to a BMX Bike Park for all types and styles of bicycling. The meeting will be held tomorrow, everyone is welcomed to attend. The Teton Flood Museum had a great summer, with lower attendance in September, because school had started. The Police Department reported that Jordan Jensen recently graduated from the POST Academy. He graduated with an overall grade of 91.48%, which is equivalent to an “A” grade. There is another officer, Jordan Free attending the POST Academy for the next 10 weeks. A flashing speed limit sign was recently installed across from Lincoln Elementary School. The sign was purchased with a $5,000.00 grant from Highway Safety. The sign will be used as a test sign and the results will be reviewed. The Police Department would like to eventually have one of these signs at every school. The Police Department received a letter complimenting officer Kenny Marlor for his service and professionalism, Council Member Benfield read the letter. D. Council Member Smith: Legacy Flight Museum · Rexburg Arts Council (Romance Theatre & Tabernacle Civic Center, Orchestra) · M.E.P.I. Council President Smith reported the Legacy Fight Museum Committee met last Friday; they discussed plans regarding the “Fly-in” for the Air Show next year on Father’s Day weekend. They also discussed operation costs; gas and electric costs are higher in the winter. To help with cost they discussed changing the hours of operation. There is less patron traffic on Friday and more on Saturdays, by being closed on Fridays will save on operation cost. The financial report regarding the Air Show has carry over money from the Airport Museum; the carry over funds will allow the possibility of purchasing another air plane for the Air Show. The Legacy Flight Museum Committee would like the city staff to continue to maintain their web-page. The Arts Council met to discuss events. Between the Tabernacle and The Romance Theater there are events going on almost all of the time. Paula Sonderegger is the Chairman for the Arts Council. She is working on a putting together a play called the “Messiah” in December. Madison Economic Partners met with Brigham Tomco from Zylun who spoke at their meeting. They will have around 400 employees; about 40 of these employees will be corporate employees. Compliance Officer Natalie Powell with City of Rexburg also presented at the meeting. She asked MEPI to sponsor a landscape design contest for the Rexburg interchanges. E. Council Member Jerry Merrill: School Board · Parks & Recreation · Urban Renewal Agency Council Member Merrill reported the School Board will meet tomorrow night. They were excited about the school bond passing. Parks & Recreation met, the fall work has begun for them and is keeping them busy. The tennis courts upgrade in Porter Park are nearing completion and they are looking good. The Urban Renewal Agency has not met; however, last time they met there was some discussion regarding the North Interchange Project. The project has been delayed, because of the transportation study taking place. F. Council Member Brad Wolfe: Planning & Zoning · Beautification Committee Council Member Wolfe reported Planning and Zoning met and they are working on the food truck issue; however they postponed the discussion for a later date. There were a couple of public hearings with recommendation for City Council which will be presented to City Council later in this meeting. The current Planning and Zoning Commission has many new members. Council Member Wolfe said he was pleased with how the commission has come together. He also complemented Planning and Zoning Chairman Robinson for doing a good job. 3 Mayor’s Report: Mayor thanked those who participate in public hearings and are active in their community. Public Hearings: - None Items for Consideration: A. Rezone – 231 East 2nd North – Community Business Center (CBC) to Mixed Use 2 (MU2) Debra Smith is the property owner and applicant. She presented the rezone request for 231 East 2nd North. The property is next to Arctic Circle. She inherited the property, which has been in her family for several years. The property was changed from single family residential to a duplex; the home was built in 1944. Mrs. Smith said she hired and relied upon the contractor to apply for the necessary permits to change the home to a duplex. She said she also shares some of the responsibility for not checking the zone requirement; however, all of the work has been completed and the duplex is “move in” ready upon the City Council’s approval. Community Directory Val Christensen stated Mrs. Smith has been working with the City’s Building Department. The current zone is CBC; the house was grandfathered; however, when the zone changed many years ago the zone doesn’t allow adding to the property in residential. In the Comprehensive Plan this area is Neighborhood Commercial Mixed Use. City Staff agreed it would be a good transition from CBC to HDR to the East if the property was rezoned to MU2; however, MU2 requires a commercial aspect which this home is missing. Mrs. Smith was directed to apply for a Conditional Use Permit (CUP). The Planning and Zoning Commission and staff have reviewed the request. The necessary permits were submitted and the inspections were completed. The Planning and Zoning Commission and City Staff recommend the zone change. Council Member Busby asked, with the property being a duplex, if there would be sufficient parking. The site map was reviewed on the overhead screen. Community Development Director Christensen said that two single family dwellings (duplex) don’t have to meet the parking requirement of multi-family housing; multi-family housing requires a parking lot with two-way traffic or a one way through access. Discussion regarding parking requirements. Council President Smith asked about the size of the lot. She asked if more units could be built on this property with it being zoned mixed use. Community Development Director Christensen indicated it is possible to add more units. 4 Discussion regarding Mixed Use Zoning in a commercial zone. City Attorney Zollinger clarified having an MU2 Zone in a commercial zone is not at all a-typical. He said the definition of mixed use is the hybrid between residential and commercial. The additional properties are something we can review at the next City wide adjustment. 3.14.010. Purpose and Objectives It is the purpose and intent of the moderate intensity mixed use ("MU2") district to provide areas in which a variety of housing types may exist among neighborhood-serving commercial and institutional uses. The MU2 zone shall differ from the MU1 zone by allowing higher residential dwelling unit density and by having a more commercial style rather than a residential style. The MU2 zone is intended and therefore shall only be applied to areas that are designated Neighborhood Commercial/Mixed Use on the City’s Comprehensive Plan map. For land that is zoned MU2, and is located within the Pedestrian Emphasis Zone (PEZ): less parking and higher density for residential units are allowed as per the definition of the Pedestrian Emphasis Zone found in Chapter 2. Council Member Mann moved to approve the rezone at 231 East 2nd North from Community Business Center (CBC) to Mixed Use 2 (MU2) and consider Ordinance 1121 first read; Council Member Benfield seconded the motion; Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Smith None Council Member Mann Council Member Benfield Council Member Busby Council Member Merrill Council Member Wolfe The motion carried. Council Member Mann moved to suspend the rules to consider Ordinance 1121 for a third reading; Council Member Busby seconded the motion; Mayor Woodland asked for a roll call vote. Those voting aye Those voting nay Council President Smith None Council Member Mann Council Member Benfield Council Member Busby Council Member Merrill Council Member Wolfe The motion carried. Council Member Smith moved to consider Ordinance 1121 third read; Council Member Busby seconded the motion; Mayor Woodland asked for a vote. Those voting aye Those voting nay Council President Smith None Council Member Mann Council Member Benfield Council Member Busby Council Member Merrill Council Member Wolfe The motion carried. B. Conditional Use Permit at 231 East 2nd North to allow 100 percent residential and zero percent commercial in a Mixed Use 2 Zone. City Attorney Zollinger indicated the evidence relevant to the conditional use permit is identical to the evidence that she has already presented and for the record; we simply pull that information forward. We then ask for any additional comments opposed to the conditional use permit. Council President Smith said she doesn’t see this conditional use as a negative; however, almost every zone changed to mixed use, and then comes back to City Council for zero commercial. She 5 asked if there is a problem with the Mixed Use Zone. She understands most people are in favor of mixed use because it allows higher density. Council President Smith said the Mixed Use Zone doesn’t seem to be working; she believes it needs to be reviewed. City Attorney Zollinger said that might be the case in other versions of this; however, in this case it was the Rexburg Comprehensive Plan that drove Staff to go in this direction. The request is not to increase density, it is for duplex use. Council President Smith said she doesn’t have an issue regarding this conditional use permit. She is concerned with the number of conditional use permits requested, when the zone is mixed use. City Attorney Zollinger said Planning and Zoning has discussed reviewing the issue of the commercial components in the mixed use zone. Discussion regarding the commercial requirements in a MU2 Zone. Council Member Merrill said as the city grows and develops, there will be more opportunities for commercial growth and more mixed use. Discussion of similar projects utilizing MU2 Zone. Insert: September 04, 2014 Planning and Zoning Motion: Bruce Sutherland motioned to recommend approval to City Council of a Conditional Use Permit to allow 100 percent residential and zero percent commercial in a Mixed Use 2 zone, for the property located at 231 East 2nd North, to include the Standards Applicable to Conditional Use Permits, Section 6.12B from Development Code Ordinance No.1115, and to include two conditions: 1. All occupancy requirements shall be met for building permit finalization (Certificate of Occupancy). 2. The north part of the subject property shall be maintained in accordance with the City of Rexburg nuisance ordinance (Ordinance No. 706). Dan Hanna seconded the motion. None opposed. Motion carried. 6.12 Conditional Use Permits Section 6.12B The Commission or Council may require that the applicant conduct studies of the social, economic, fiscal, and environmental effects of the proposed use. b. Standards Applicable to Conditional Use Permits. The approving body shall review the particular facts and circumstances of each proposed conditional use and shall find adequate evidence to show that the proposed use will: i. Constitute a conditional use as established in Table 1, Zoning Districts, and Table 2, Land Use Schedule. ii. Be in accordance with a specific or general objective of the City’s Comprehensive Plan and the regulations of this Ordinance. iii. Be designed and constructed in a manner to be harmonious with the existing character of the neighborhood and the zone in which the property is located. iv. Not create a nuisance or safety hazard for neighboring properties in terms of excessive noise or vibration, improperly directed glare or heat, electrical interference, odors, dust or air pollutants, solid waste generation and storage, hazardous materials or waste, excessive traffic generation, or interference with pedestrian traffic. v. Be adequately served by essential public facilities and services such as access streets, police and fire protection, drainage structures, refuse disposal, water and sewer service, and schools. If existing facilities are not adequate, the developer shall show that such facilities shall be upgraded sufficiently to serve the proposed use. vi. Not generate traffic in excess of the capacity of public streets or access points serving the proposed use and will assure adequate visibility at traffic access points. vii. Be effectively buffered to screen adjoining properties from adverse impacts of noise, building size and resulting shadow, traffic, and parking. viii. Be compatible with the slope of the site and the capacity of the soils and will not be in an area of natural hazards unless suitably designed to protect lives and property. ix. Not result in the destruction, loss or damage of a historic feature of significance to the community of Rexburg. Council Member Wolfe moved to approve the Conditional Use Permit at 231 East 2nd North, to allow 100 percent residential and zero percent commercial in a Mixed Use 2 Zone as presented; Council Member Merrill seconded the motion; Discussion: Council Member Wolfe was concerned with allowing other property’s to be at 100 percent residential, without going through a review. City 6 Attorney Zollinger said a review will be mandatory for other properties in the area; this conditional use permit is for her property only; Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Smith None Council Member Mann Council Member Benfield Council Member Busby Council Member Merrill Council Member Wolfe The motion carried. C. Conditional Use Permit – 669 Pioneer Road Suite #100 – to allow a Call Center in a Community Business Center (CBC) Zone Council Member Merrill questioned the reason why the Call Center would need a conditional use permit, if the zone is already a CBC Zone. City Attorney Zollinger said there is a list of different business types required to obtain a conditional use permit, call centers fall under that list. It gives Planning and Zoning the opportunity to review parking requirements. Community Development Director Christensen indicated Compliance Officer Natalie Powell met with Call Centers in the downtown area to inquire how much parking was needed for their employees. The downtown Call Centers indicated, they needed about 60% for employee parking. When the parking requirements where instated in the Development Code for Call Centers, the number used was .6 in the technology area which is surrounded by multi-family housing and downtown commercial area. In the CBC areas on 2nd East past Wal-Mart and south of town on University Blvd. by Burger King the vast majority of employees would be driving. The site map of the location was reviewed on the overhead screen. Community Development Director Christensen said after further review; the location of the Call Center is very close to residential housing. He said there is a conundrum of having the CBC Zone requiring the parking ratio to be equal to 0.9; after discussing this with City Attorney Zollinger, a change in the ordinance was made to require 0.9 since this CUP was requested. The Rexburg Development Code required a conditional use permit for Call Center parking; however, a section was inserted allowing City Staff to identify similar CBC Zones where a conditional use permit would not be required. Council Member Wolfe asked if the 0.6 would work for this area. Community Development Director Christensen said the 0.6 would work. He said there is now new direction for these areas. 7 Parking – Chapter 5 in the Development Code: 5.8 TABLE 3 – Required Number of Spaces Call Centers and business with higher density cubicles, 0.9 space per employee or 0.6 per employee allowed in Central Business District (CBD), Technology and Office Zone (TOZ) and Mixed Use 2 (MU2). On a case by case basis 0.6 spaces may be allowed in other zones if the Community Development Director determines that the requested location is close in proximity to substantial higher density housing. Insert: September 04, 2014 Planning and Zoning Motion: Dan Hanna motioned to recommend approval to City Council of a Conditional Use Permit to allow a call center (marketing research company) in the Community Business Center for the property located at 669 Pioneer Road, Suite #100, to include the Standards Applicable to Conditional Use Permits, Section 6.12B from Development Code Ordinance No.1115, and to include one condition: 1. The management (of Zylun Insights) shall be responsible to prevent parking encroachments onto non- authorized parking areas both public and private for a period not to exceed 12 months subject to further review by the City. Bruce Sutherland seconded the motion. None opposed. Motion carried. 6.12 Conditional Use Permits Section 6.12B The Commission or Council may require that the applicant conduct studies of the social, economic, fiscal, and environmental effects of the proposed use. b. Standards Applicable to Conditional Use Permits. The approving body shall review the particular facts and circumstances of each proposed conditional use and shall find adequate evidence to show that the proposed use will: x. Constitute a conditional use as established in Table 1, Zoning Districts, and Table 2, Land Use Schedule. xi. Be in accordance with a specific or general objective of the City’s Comprehensive Plan and the regulations of this Ordinance. xii. Be designed and constructed in a manner to be harmonious with the existing character of the neighborhood and the zone in which the property is located. xiii. Not create a nuisance or safety hazard for neighboring properties in terms of excessive noise or vibration, improperly directed glare or heat, electrical interference, odors, dust or air pollutants, solid waste generation and storage, hazardous materials or waste, excessive traffic generation, or interference with pedestrian traffic. xiv. Be adequately served by essential public facilities and services such as access streets, police and fire protection, drainage structures, refuse disposal, water and sewer service, and schools. If existing facilities are not adequate, the developer shall show that such facilities shall be upgraded sufficiently to serve the proposed use. xv. Not generate traffic in excess of the capacity of public streets or access points serving the proposed use and will assure adequate visibility at traffic access points. xvi. Be effectively buffered to screen adjoining properties from adverse impacts of noise, building size and resulting shadow, traffic, and parking. xvii. Be compatible with the slope of the site and the capacity of the soils and will not be in an area of natural hazards unless suitably designed to protect lives and property. xviii. Not result in the destruction, loss or damage of a historic feature of significance to the community of Rexburg. Council Member Merrill moved to approve the Conditional Use Permit at 669 Pioneer Road Suite #100, to allow a Call Center in a Community Business Center (CBC) Zone as presented; Council Member Wolfe seconded the motion; Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Smith None Council Member Mann Council Member Benfield Council Member Busby Council Member Merrill Council Member Wolfe The motion carried. Staff Reports: A. Public Works Director John Millar 1. Riverside Park parking lot expansion for the soccer fields along the north end of the property. 8 Public Works Director Millar reported the parking lot on the north side of the Riverside Park went up for bid today. DePatco received the low bid. The parking lot is funded out of Park Impact Fees; with a completion date of June 2015. The site map of Riverside Park parking lot was reviewed. Fund 41 for the Riverside Park construction revenues was $410,000; the carryover of $ 81,500 remains in the fund. Council Member Busby asked about the driveway going out to the East of the parking lot. Public Works Director Millar said the driveway would extend all the way to 1st East. The drive way would be shared with apartment complex and be a two lane driveway. Discussion regarding the size of the parking lot. Council Member Mann asked if the $522,388.00 cost for the parking lot would be funded by Park Impact Fees; if so, this will use all of the funds currently available. He said there was previous discussion, with installing tennis courts, a baseball quad and other projects. He is in favor of the parking lot; however, he questioned the priority level of the project. City Attorney Zollinger said the funding for the parking lot might be funded by Urban Renewal. Council Member Benfield asked when the baseball quad work would begin. Public Works Director Millar said they are working with Madison School District on a start date in the spring of 2015. City Attorney Zollinger indicated Urban Renewal would possibly contribute funds toward the baseball quad. Council Member Merrill moved to approve the proposed Riverside Park parking lot expansion for the soccer fields along the north end of the Rexburg Rapid’s property; Council Member Wolfe seconded the motion; Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Smith None Council Member Mann Council Member Benfield Council Member Busby Council Member Merrill Council Member Wolfe The motion carried. 9 2. Public Works Director Millar reviewed the possible sale of the wastewater pumping truck. Council Member Busby considered keeping the wastewater pump truck to help with future flood water pumping. Public Works Director Millar said there are advantages in keeping the pump truck. He indicated the city is getting more utilities in the ground; thus the pump truck will help with hydro excavation. The Water Department and the Street Department could use the truck as well. He said the pump truck is also rented out to other cities that need their wastewater lines pumped out. If the truck is sold, he hopes to get $100,000 out of the used wastewater pumping truck. Council Member Busby agreed to keep the pumping truck and rent it out to surrounding cities when needed. 3. Council Member Busby stated something needs to be done with parking on 5th West next to Mesa Falls; there is a semi-truck and a lot of cars parked on the City street. He said with so many vehicle parked on both sides of the street; 5th West turns into a one lane road. Public Works Director said he will look into this issue. 4. Council Member Wolfe asked about the report from Rexburg Housing regarding a study they were doing on booting and towing issue. City Attorney Zollinger stated data will be collected from the apartment owners and managers and presented to City Council. 5. Council President Smith indicated she would like to schedule a work meeting to discuss Blake Willis’s concern with street parking in the PEZ Zone. B. Finance Department – Finance Officer Matt Nielson was not available. City Attorney Zollinger spoke with Chief Finance Officer Nielson via telephone, who confirmed the funding to complete the parking lot and second access off 1st East at Riverside Park is coming from Urban Renewal funding. The total forecasted expense in fund number 41 construction fund budget is $600,000.00, in Fiscal year 2014 it is $190,000.00 and in 2015 $410,000.00. Calendared Bills and Tabled Items: A. USE ACTION” – BILLS RECOMMENDED/APPROVED IN A LAND USE PUBLIC HEARING PROCEDURE: – NONE B. BILL Introduction: – NONE C. First Reading: Those items which are being introduced for first reading: – NONE D. Second Reading: Those items which have been first read: – NONE E. Third Reading: Those items which have been second read: 1. Ordinance 1121 to rezone 231 East 2nd North from Community Business Center (CBC) to Mixed Use 2 (MU2). Council Member Smith moved to consider Ordinance 1121 third read; Council Member Busby seconded the motion; Mayor Woodland asked for a vote. Those voting aye Those voting nay Council President Smith None Council Member Mann Council Member Benfield Council Member Busby Council Member Merrill Council Member Wolfe 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. A. Minutes from September 03, 2014 meeting B. Approve the City of Rexburg Bills C. Fall Cleanup for yard waste – October 20, 2014 to November 17, 2014 Council Member Mann expressed a public note to the Rexburg Race Director and the Recreation Director for a job well done with The River Rock Youth Triathlon. 10 City Attorney Zollinger indicated the River Rock Youth Triathlon was started about nine years ago as non- profit by Dr. James Allen, Cory Sorenson and Economic Development Director Scott Johnson. He said credit should be given to them for starting this great event. “Come join us on September 26th for the first annual River Rock Youth Triathlon. A triathlon consists of swimming, biking and running all in one race. The race will be held in a confined development with no traffic worries. Participants can register here for $12.50. Participants will receive a River Rock Youth Triathlon t-shirt and race bag full of goodies. This will be a NON-TIMED event, everyone will win!” Council Member Mann moved to approve the Consent Calendar and pay the bills; Council President Smith seconded the motion; Mayor Woodland asked for a vote: Those voting aye Those voting nay Council President Smith None Council Member Mann Council Member Benfield Council Member Busby Council Member Merrill Council Member Wolfe The motion carried. Adjourned at 8:22 P.M. APPROVED: _______________________________ Mayor Richard S. Woodland, Mayor Attest: _______________________________ Natalie Powell, Deputy City Clerk