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HomeMy WebLinkAboutCouncil Minutes - August 17, 2016.pdf 1 August 17, 2016 Mayor Jerry Merrill Council Members: Christopher Mann Jordan Busby Donna Benfield Tisha Flora Brad Wolfe Sally Smith City Staff: Stephen Zollinger – City Attorney Matthew Nielson – Finance Officer John Millar – Public Works Director Val Christensen – Community Development Director Scott Johnson – Economic Development Director Blair Kay – City Clerk 6:30 P.M. City Hall Council Meeting Sam Peterson led the pledge. Gary Baird said the prayer. Roll Call of Council Members: Attending: Council President Smith, Council Member Benfield, Council Member Busby, Council Member Mann, and Council Member Wolfe. Mayor Merrill and Council Member Flora asked to be excused. Public Comment: not scheduled on the agenda (limit 3 minutes); issues may be considered for discussion on a future agenda. Please keep comments on point and respectful. Bryce Thueson stated he is the president of the Indian Hills Neighborhood Association. His comment tonight is regarding Airbnb’s. He thanked City Council for planning ahead and for outlining appropriate zones; for example, low residential verse high residential zones. There are two home owners in his neighborhood who are still renting their property on Airbnb, even though they have been asked to cease and desist. Mr. Thueson shared an experience he had concerning Airbnb in his neighborhood. On the morning of the 16th of August he noticed two large fire trucks parked in a certain way that would only allow for one vehicle to get past them at a time. The Airbnb’s have been taken into account as far as where they are appropriate; they are allowed in high residential areas that would allow for parking and other traffic issues involved with high density. He urged City Council to keep the zoning accordingly and to help his neighbors come into compliance with what is allowed in the low residential zone. Bryun Lemon stated he doesn’t have an Airbnb; however, wanted to share an experience he had with Airbnb. He said several weeks ago his close friends and family expressed their frustration regarding the city not allowing them to rent their home as an Airbnb. He explained he spoke with both groups the ones in favor and the ones opposed to Airbnb. They made it seem like it was all or nothing when in fact there are many options that could be explored. There are options that could maintain the integrity of the neighborhoods and penalize those abusing the Airbnb system. Those abusing the system make it a nightmare for neighborhoods by renting out to 20 to 30 people at a time. There are those who rent out to busloads of people and there are those that live out of the state who are reaping the money their Airbnb generates, causing the neighborhood to police their property with nothing in return. Mr. Lemon said unfortunately these situations have soured the entire discussion for everyone. Those that would not abuse the system are unhappy about not being able to use Airbnb and the 35 North 1st East Rexburg, ID 83440 Phone: 208.359.3020 x2313 Fax: 208.359.3022 blairk@rexburg.org www.rexburg.org City Council Minutes August 17, 2016 2 ones abusing the system aren’t even present. If everyone would come together and look at more options instead of being one sided. He believes compromises can be made to maintain what Rexburg has to offer. Gary Baird stated he is the Vice President of the Indian Hills Neighborhood Association. He has lived in Rexburg for 15 years and has seen the immense growth Rexburg has experienced. He expressed his appreciation for City Council’s willingness to take charge of the challenges that Airbnb has created. Mr. Baird shared a personal experience he had 11 years ago when his neighborhood was zoned differently. The home next to his was purchased by an out of town developer for the express purpose of converting it into a duplex for student housing. He said they were able to change the zone to Low Density Residential One (HDR1) to prevent the duplex from being built. The issue isn’t to allow or dis-allow short term rentals; it’s where should they be allowed. The zones are already in place. The implantation of Airbnb’s in low residential zone is the issue; bed and breakfast, boarding houses and short term rentals are already allowed in certain zones. He said what needs to happen is the enforcement of the zoning ordinances as they stand, short term rentals are not allowed in low residential zones. He explained if short term rentals were allowed in low residential zones it would change the whole composition of the neighborhoods. He is not opposed to Airbnb’s as long as they are in the correct zone. Ilene Olsen said she is part of the Indian Hills group. She also has a vacation home in St. George, Utah and doesn’t rent it out. St. George is an also dealing with Airbnb’s in low residential zones and not just Rexburg. Presentations: Council President Smith presented Tim Solomon and Rex Erickson with a plaque in recognition of their service on the Urban Renewal Agency Board. She thanked them for their outstanding service on the board. Committee Liaison Assignments for 2015: A. Council Member Mann: Golf Board · Emergency Services Board · GIS Oversight · Development Workshop Council Member Mann reported the committees have not met. B. Council Member Busby: · Airport Board · Traffic & Safety · Trails of Madison County Council Member Busby reported the committees have not met. C. Council Member Benfield: Police · MYAB· Parks & Recreation Council Member Benfield reported the Mayor’s Youth Advisor Board had a successful registration day with over 40 applicants wanting to service on the board. They helped with Celebrate Youth yesterday. The event was a success with many people in attendance. They will begin with an open social on September 7th at the Craze Fun Zone to get to know the new members and get them excited about serving. The Police Department is working on the D.A.R.E. Golf Tournament to be held on Friday, August 19th. She said they are planning a barbecue in September and City Council will be invited. They are planning on showing several training scenarios at the shooting range. Council Member Benfield reported the City Recreation Department is busy with putting together the fall races and recreation programs. The grand opening for the Zone will be on September 10th. There will be different sport camps held at the Zone. The sport camps include indoor soccer, basketball, volleyball, one day tournaments, and after school programs. She said she is excited about a $250,000.00 grant that was applied for to help with the after school programs at the Zone. The application for the grant made it past the 1st 3 level. The next step is for Blue Cross of Idaho to come see the after school programs they have put together. The City Recreation Department attended the Celebrate Youth event. They gave out the extra t-shirts and medals from past races to those participating in the games at the event. Council President Smith reported Mayor Merrill also attended the Celebrate Youth event and participated in the dunking tank contest. D. Council Member Smith: Legacy Flight Museum · Beautification Committee · M.E.P.I. Council Member Smith reported the committees have not met. M.E.P.I. will be meeting on the 2nd Monday in September. The Legacy Flight Museum will be meeting that week too. E. Council Member Flora: School Board · Rexburg Arts Council/ Museum of Rexburg Council Member Flora was excused. F. Council Member Wolfe: Planning & Zoning · Urban Renewal Agency · IBC Council Member Wolfe reported Planning and Zoning meet. There was a public hearing to rezone 263 & 267 West 4th South and 429 South 3rd West from Community Business Center (CBC) to High Density Residential 1 (HDR1). The Planning and Zoning Commission approved the rezone request unanimously. The rezone request will be presented to City Council later tonight. Council Member Wolfe reported the Urban Renewal Agency meet to appoint two new committee members Randel Porter and Robert Chambers. They also held a public hearing to approve the loan for the North Interchange project. The widening of 2nd East and adding stop lights is part of that project. They hope to get started on the project soon. Staff Reports: A. Finance: Matt Nielson 1. Monthly Finance Reports Council President Smith said Finance Officer Nielson was unable to attend tonight’s meeting. If there are any questions regarding the finance reports, City Council may contact Mr. Nielson at a later date. She commented Finance Officer Nielson had some concerns with the low revenues at Rexburg Rapids, however; due to hotter temperatures the revenues are ahead of last year. The water usage at Rexburg Rapids is down, due to repairs on some of the fixtures. 4 5 6 B. Public Works: John Millar C. Engineering: Keith Davidson 1. City Shop Fire Suppression Bids City Engineer Davidson explained the bids for the Fire Suppression System for the City Shop were postponed because one of the three bidders had a family emergency. He said he will need to pull City Council when the three bids come in. City Engineer Davidson reported they are working on numerous construction projects throughout the city. The projects are moving along well. They will be reopening 5th West before school starts on Wednesday, August 24th. Council Member Busby asked how soon 5th West would be opened. City Engineer Davidson said they will reopen the road on Tuesday. City Engineer Davidson reported the storm drain project on 4th South is moving along. He said they had originally planned to go around the roundabout, however; they will need to go through the middle of the roundabout. The project is on track; they should have it done before the BYU-Idaho students come back to town. 7 City Engineer Davidson reported the slurry seal project should be completed by tomorrow. He will be meeting with Bart Stevens tomorrow to see if his subdivision is interested in slurry sealing their roads. City Engineer Davidson indicated the treatment plant project is on schedule with a completion date set for November. The water project is moving along well. Council Member Mann expressed his concerns regarding South 4th West along the canal. He said a section of the road has eroded due to stagnant water. He asked when the road would be fixed. City Engineer Davidson said they have examined the road and feel a Local Improvement District needs to be created to repair that section of the road. The curb and gutter also needs to be repaired to get rid of the stagnant water problem. Council Member Busby asked for the name of the subdivision Bart Stevens owns. City Engineer Davidson replied the name of the subdivision is Valley View. Council Member Busby asked how long the slurry seal contractors have been in town. They have been in town for a week and will be able to cover all of the city’s slurry seal projects. Discussion regarding the construction going on throughout the city. Mayor’s Report: Council President Smith asked the City Council Members if they would be available on August 26th to meet with BYU-Idaho President Gilbert. Public Hearings: NONE Items for Consideration: A. BILL 1151 - Rezone – 263 & 267 West 4th South and 429 South 3rd West – Community Business Center (CBC) to High Density Residential 1 (HDR1) - Greg Nelson Mr. Nelson presented the rezone request for 263 & 267 West 4th South and 429 South 3rd West from Community Business Center (CBC) to High Density Residential 1 (HDR1). The property was reviewed on the overhead screen. Council Member Busby questioned the number of units that would be allowed on the .94 acres and if enough parking would be available. Greg Nelson replied there will be a total of 30 units. Council Member Busby said he will need parking for about 168 vehicles. Mr. Nelson said he will ask for 60% to 65% parking ratio. 8 SUBJECT: Rezone Application File #16 00485 - Greg Nelson APPLICANT: Greg Nelson 3896 East 600 North Rigby, ID PROPERTY OWNER(S): Hannah and Jeffrey Bird – 267 West 4th South and 429 South 3rd West Helix, LLC - 263 West 4th South PURPOSE: The request is to rezone from Community Business Center (CBC) to High Density Residential 1 PROPERTY LOCATION: 263 & 267 West 4th South, and 429 South 3rd West PROPERTY ID: RPR000P0120230 , RPR000P0120190, RPR000P0121870 COMPREHENSIVE PLAN: Moderate-High Density Residential CURRENT ZONING: Community Business Center (CBC) PROPOSED ZONING: High Density Residential 1 (HDR1) SURROUNDING LAND USES Apartments, church, residential AND ZONING: High Density Residential 1, Community Business Center APPLICABLE CRITERIA: City of Rexburg Development Code (Ordinance No.1115) § 6.13 Amendments to this Ordinance AUTHORITY: § 6.13 (E) “The Commission may recommend that the amendment be granted as requested, that it be modified, or that it be denied” I. BACKGROUND The Rexburg Development Code allows for the Commission to make recommendations to the City Council regarding whether or not the property should or should not be rezoned based on the criteria found in section §6.13. A Comprehensive Plan Map Amendment was just approved for Moderate-High Density Residential for this property. II. SITE DESCRIPTION The total area involved in this re-zoning request is identified as approximately .94 acres, which if approved will result in changing the zone from Community Business Center (CBC) to High Density Residential 1 (HDR1). III. ANALYSIS If approved, this rezone will result in changing Community Business Center (CBC) to High Density Residential 1 (HDR1). The request would require the Commission and City Council to review the proposal against one set of criteria, for the request to rezone. Below, staff has provided all the criteria listed by Ordinance No. 1115 (Development Code) that are required to be addressed, followed by staff’s analysis of each criterion. Criteria Rezone Requests (§6.13): a. Be in conformance with the City’s Comprehensive Plan and the City Development Code. 9 The Comprehensive Plan identifies the land use designation for the property as Moderate-High Density Residential. The High Density Residential 1 (HDR1) zone is allowed under this designation. b. The capacity of existing public streets, water and sewer facilities, storm drainage facilities, solid waste collection and disposal, and other utilities. The City Engineer did not have a concern. c. The capacity of existing public services, including but not limited to, public safety services, public emergency services, schools, and parks and recreational services. The City Engineer did not have concerns and will coordinate with the developer in gaining access to City infrastructure. d. The potential for nuisances or health and safety hazards that may adversely affect adjoining properties. Staff has reviewed and does not feel the change will have a negative effect. e. Recent changes in land use on adjoining properties or in the neighborhood of the map revision. None. f. Meets the requirements of the Comprehensive Plan. See paragraph a. IV. STAFF RECOMMENDATION If the Planning and Zoning Commission determines that the change is in the best interest of the City of Rexburg and the adjoining neighborhoods are not adversely affected, Staff is unaware of any outstanding issues that would prevent the Planning and Zoning Commission from acting upon this request as they determine. Council Member Wolfe moved to approve the Rezone of 263 & 267 West 4th South and 429 South and 429 South 3rd West from Community Business Center (CBC) to High Density Residential 1 (HDR1); Council Member Busby seconded the motion; Discussion: The City Council discussed the option of suspending the rules for Ordinance 1151 while approving the request to rezone the property. Council President Smith asked for a vote: Those voting aye Those voting nay Council President Smith None Council Member Benfield Council Member Mann Council Member Wolfe Council Member Busby The motion carried 1. BILL 1151 “LAND USE ACTION” – Bills Recommended/Approved in a Land Use Public Hearing Procedure (Recommend Suspension of the Rules for 3rd Reading): Council Member Busby moved to suspend the rules for BILL 1151; Council Member Wolfe seconded the motion; Council President Smith asked for a roll call vote: Those voting aye Those voting nay Council President Smith Council Member Benfield 10 Council Member Busby Council Member Wolfe Council Member Mann The motion carried. Council Member Wolfe moved to consider BILL 1151 approved and third read; Council Member Busby seconded the motion; Council President Smith 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 Wolfe The motion carried Calendared Bills and Tabled Items: A. BILL Introduction: – NONE B. First Read: Those items which are being introduced for first reading– NONE C. Second Reading: Those items which have been first read: 1. BILL 1147 Amending Appropriation Budget 2016 Council Member Mann moved to approve Amending the Appropriation Budget 2016 from $76,726,000 to $83,174,800; an additional amount of $6,448,800 which includes budget transfers from uncompleted budget items in 2015 (new revenue) and consider BILL 1147 second read; Council Member Benfield seconded the motion; Council President Smith asked for a vote: Those voting aye Those voting nay Council President Smith None Council Member Benfield Council Member Mann Council Member Wolfe Council Member Busby The motion carried Mayor’s Business: 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 August 3rd , 2016 meeting; Planning and Zoning minutes from August 4th, 2016; B. Approve the City of Rexburg Bills Council Member Busby moved to approve the Consent Calendar containing the minutes and the city bills; Council Member Wolfe seconded the motion; Council President Smith asked for a vote: Those voting aye Those voting nay Council President Smith None Council Member Mann Council Member Wolfe 11 Council Member Benfield Council Member Busby The motion carried APPROVED: Adjourned at 7:08 P.M. Attest: ______________________________ Council President Smith _______________________________ Marianna Gonzalez, Deputy City Clerk