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HomeMy WebLinkAboutCouncil Minutes - April 19, 2017.pdf 1 April 19, 2017 Mayor Jerry Merrill Council Members: Christopher Mann Jordan Busby Donna Benfield Tisha Flora Brad Wolfe Sally Smith City Staff: Stephen Zollinger – City Attorney Matt Nielson – Finance Officer Keith Davidson – 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 Jason Flora said the prayer. The Civil Air Patrol Cadets led the pledge. Roll Call of Council Members: Attending: Council President Smith, Council Member Flora, Council Member Mann, Council Member Busby, and Council Member Wolfe. Council Member Benfield asked to be excused. Mayor Merrill 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. Presentations: Todd Covington and Chance Rose, are new employees for the Street Department- Keith Davidson Council President Smith asked the new employees to introduce themselves. Chance Rose said he attended Madison High School and moved to northern Idaho to attend college; however, that didn’t work out for him. He moved back to Rexburg and is now working for the City Street Department. Todd Covington said he grew up in Rexburg. His grandfather lives near the Madison County Fair Grounds. He is grateful to be working for the City of Rexburg. Council Member Busby mentioned he knows Chance from school. He commended Public Works Director Davidson for hiring a hard working young man. 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 April 19, 2017 2 Committee Liaison Assignments for 2017: A. Council Member Mann: Golf Board · Emergency Services Board · GIS Oversight · Development Workshop Council Member Mann reported the Golf Board met this month to discuss the conditions of the golf course and the sales of the season golf passes. They had added a $20.00 capital improvement fee to the passes. The passes are selling well. The patrons have responded well to the additional fee, because they know the funds are going to be used to improve the golf course. Council Member Mann said the Golf Board met to discuss the contract they have with David Rail. Mr. Rail is the owner of Redd’s Grill located in the club house at Teton Lakes. It was unclear how Redd’s Grill would handle the additional business from the many golf tournaments Teton Lakes hosts. The decision that they made on how to handle the additional business was good. Council Member Mann informed City Council that Mayor Merrill has recommended John Johnson as a new member to the Golf Board. Council Member Mann moved to ratify the appointment of John Johnson to the Golf Board; 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 Flora Council Member Busby Council Member Mann Council Member Wolfe The motion carried Council Member Mann reported Emergency Services Board has not met; however, they have been working with the BLM and other entities to be ready for the eclipse event. He expressed his appreciation for the many services the Emergency Service Board provides to the community. Council Member Mann said the event, A Date with Chocolate, was a success for the Development Work Shop. B. Council Member Busby: · Airport Board · Traffic & Safety · Trails of Madison County Council Member Busby reported his committees have not met. He mentioned the Airport Board meeting was cancelled this month and the Traffic and Safety Committee now meets quarterly. C. Council Member Benfield: Police · MYAB· Parks & Recreation Council Member Benfield was unable to attend the meeting. D. Council Member Smith: Legacy Flight Museum · Beautification Committee · M.E.P.I. Council President Smith reported the Legacy Flight Museum is making preparation for the Fly-in on June 17th. They will need volunteers for the free breakfast before the Fly-in. The City Council will be visiting the Legacy Flight Museum on May 3rd to look at the new airplane they have and other things that are going on at the museum. They will also be meeting with them on May 19th for their budget review. Council Member Mann mentioned the Taylor Chevrolet classic car show is scheduled the same day as the Fly-in at the fairgrounds. The two events will add traffic to that side of town. 3 Council President Smith reported M.E.P.I. did not meet; however, they are busy with preparations for the eclipse event. The Beautification Committee met for the first time this year. There are about 12 to15 members that are very enthusiastic to serve. E. Council Member Flora: School Board · Rexburg Arts Council/ Museum of Rexburg Council Member Flora reported the School Board met. They are busy with preparations for the end of the year events and hiring new employees. They are sponsoring a wellness fair at the Madison Jr. High School on May 12th from 2 p.m. to 8 p.m. and it’s free to the public. There will be door prizes and about 17 different health screenings. The Police Department will also be there to take old prescriptions to dispose of them safely. Council Member Flora reported the Arts Council is growing, they have 10 new members. On the city side she said there are many different events taking place at the Romance Theater and Rexburg Tabernacle in the Months of April and May. She has attended many eclipse meetings. She is overseeing the events and volunteers for the eclipse event. F. Council Member Wolfe: Planning & Zoning · Urban Renewal Agency · IBC Council Member Wolfe reported Planning and Zoning met, they had three public hearings. All three requests are before City Council tonight and have been recommended for approval by the Planning and Zoning Commission. One of the requests has conditions to rezone. Council Member Wolfe reported Planning and Zoning named Heidi Christensen as the new chairman. Staff Reports: A. Finance: Financial Reports - Matt Nielson Finance Officer Nielson reviewed the Operating Expenditure Report. The city is six months into fiscal year 2017 and should be at about 50%. The fund that stands out to him on the report is the Mayor, Council and Mayor’s Youth Advisory Board fund because it is at 34%. This percentage will change once the expenses for the eclipse are added. The Planning and Zoning fund is also below budget; however, the amount will change once the full-time planner job position is filled. Finance Officer Nielson reported he did some budget forecasting. The forecast indicated the general fund will be right on target. The previous year the general fund was under budget; however, he doesn’t believe that will be the case this year. The total operating expenditures are at 46% and the total operating expenditures including the capital expenditures are at 23% of the budget. Finance Officer Nielson reviewed the Operating Revenues Report. In the summary section of the report, the net operations are at about $272,798.00 in the black and 1.2 million in the red on the capital side. He said, basically the city is cash flowing about one million dollars. This is typical for the net capital transactions because the transfers aren’t done until the end of the year. Finance Officer Nielson reviewed the Cash and Investments Balance Report. The city has about 23.2 million dollars invested and about seven million dollars of next day liquid cash for cash flow. 4 5 Finance Officer Nielson reviewed the Treasurer’s Expenditure Report. The general fund has a reserve of about 6.1 million dollars. The Fire Operations is about $380,094, in the red, because the city’s share isn’t added until later in the year. The Fire and Ambulance District has paid and is current. There was a change in the revolving loan fund, due to the funding of a large loan. The revolving loan fund has about $341,614 in investments. The water fund has about 7.2 million dollars in both operations and capitial reserves. Wastewater has about 3.8 million dollars in reserves. 6 B. Public Works and Engineering: - Surplus Property: Green Loader (military), Truck (military), Silver Ford Truck, Small white truck, Cat Grader 120, Small Drill Rig, 2 Light Plants (military), Steam Cleaner, 38-25 Jacobsen mower, service box - Keith Davidson Public Works Director Davidson explained there are several items that need to be surplused. 5. Steam Cleaner 6. 1995 Cat Grader 8. 1996 Ford F150 vin#87196 9. 1975 Michigan Loader The service box was used on the service truck for the shop. They switched over to a flatbed truck and don’t have use for the service box. The core drill was an item they received by the state’s public surplus. They tried to utilize the drill to exercise valves; however, that didn’t work out. The military truck has issues, it needs new batteries and there is no use for it. The pump on the steam cleaner was damaged during the transportation; it froze. The city is looking at purchasing a new grader from Madison County. Council Member Mann questioned if there was a cost for the steam cleaner. Public Works Director Davidson said there was no cost to the city for the steam cleaner. 1. Service box 2. Core Drill 3. Heavy Duty Military Truck 4. Jacobson Turf cat T528D 7. 2008 mag Pickup vin#07699 7 Council Member Busby moved to approve the Surplus Property: Green Loader (military), Truck (military), Silver Ford Truck, Small white truck, Cat Grader 120, Small Drill Rig, 2 Light Plants (military), Steam Cleaner, 38-25 Jacobsen mower, service box; Council Member Flora seconded the motion; Discussion: Council President Smith asked if the surplus items will be auctioned off. Public Works Davidson said, the items will either be auctioned locally or on a surplus auction site online. Council Member Busby asked about the Light Plants that are being surplused. Public Works Director Davidson said the lights were received from the military surplus. The lights are difficult to use because they run on 20 volts’ system instead of the standard 12 volts. Council President Smith asked for a vote: Those voting aye Those voting nay Council President Smith None Council Member Flora Council Member Busby Council Member Mann Council Member Wolfe The motion carried Public Works Director Davidson mentioned he has received bids for aerial flights. Once the bids are reviewed he will poll City Council sometime next week. Mayor’s Report: A. Arbor Day Proclamation – Ratify Proclamation 2017-01 “2017 Arbor Day Proclamation” Council President Smith deferred the Arbor Day Proclamation to ratify at a future City Council Meeting. Public Hearings: – NONE Items for Consideration: A. Approve Beer & Wine License for “FRESCO” Restaurant (Kitchen and Grill) at 1181 S. Yellowstone HWY Discussion: The Mayor and City Council will be having lunch at FRESCO’s as part of their drive around on May 3rd. Council Member Busby moved to approve the Beer and Wine License for the FRESCO Restaurant at 1181 S. Yellowstone Highway Zone; Council Member Wolfe seconded the motion; President Smith asked for a vote: Those voting aye Those voting nay Council President Smith None Council Member Flora Council Member Busby Council Member Mann Council Member Wolfe The motion carried B. Annexation discussion of lands on 12th West and Hwy 33 including the Ringel Family Farm (25.656 Acres) on 12th West just South of Hwy 33- Staff Discussion: City Attorney Zollinger indicated the property is located across the street and to the west of Valley Wide Coop. A map of the location was viewed on the overhead screen. He reviewed the zones surrounding the property. The owners indicated the development would include 8 commercial/residential. City Attorney Zollinger said, city staff is giving a heads up to City Council about the submitted request to Planning and Zoning to annex this property. Council Member Flora questioned the possibility of being dead locked at the intersection near the freeway with added development. City Attorney Zollinger said, any growth taking place near that intersection will need to consider that possibility and be evaluated. The City Public Works Director is aware of the inadequacy of the on and off ramps to the freeway. There has been discussion with the Idaho Transportation Department regarding the issues at these intersections. Council Member Busby asked if the sewer and water capacity would accommodate future growth. Public Works Director Davidson indicated there is sufficient capacity to accommodate growth. Council Member Mann indicated the location is a great place for growth; however, he agrees with Council Member Flora, the intersection already experiences heavy traffic. The speed limits are also posted incorrectly. In one particular area the speed limit goes from 35 mph to 45 mph. Public Works Director Davidson said ITD conducted a traffic study on Hwy 33 the results included the lowering of the speed limit. Council Member Flora questioned the left turn coming out of the new Maverick on to Main Street. Public Works Director Davidson said he has monitored the traffic making that left turn and at this point it is only congested at certain times of the day. C. Conditional Use Permit at 248 and 250 South 3rd West to allow a short-term rental in the MDR1(Medium Density Residential 1) Zone – Jeff Diehl (Recommend approval by the Planning and Zoning Commission on April 06, 2017) Discussion: Jeff Diehl explained he is requesting a Conditional Use Permit at 248 and 250 South 3rd West to allow a short-term rental in the MDR1 (Medium Density Residential 1) Zone. There are two, four plexes one at 248 and the other on 250 S. 3rd W. Council President Smith asked how many of the units will be rented out short-term. Mr. Diehl said, only four units out of the eight will be rented short-term on a trial bases. There will be a manager on site as required. Compliance Officer Powell indicated the property has adequate parking to allow short-term rentals. 9 10 Council Member Wolfe moved to approve the Conditional Use Permit at 248 and 250 South 3rd West to allow a short-term rental in MDR1 (Medium Density Residential) Zone; Council Member Flora seconded the motion; Discussion: Council Member Mann recommended a management plan be drafted by city staff, so the guidelines are in writing. Council Member Wolfe clarified the reason why a previous request had a management plan was because a manager was not on site. Council President Smith asked if the units were sold would the new owner have to reapply for a Conditional Use Permit. City Attorney Zollinger said, it stays with the property as long as the conditions are met. Council Member Flora seconded the motion; Council President Smith asked for a vote: Those voting aye Those voting nay Council President Smith None Council Member Flora Council Member Busby Council Member Mann Council Member Wolfe The motion carried D. Rezone approximately 154 South 3rd West from Medium Density 1 (MDR1) to High Density Residential 2 (HDR2). (Recommend approval by the Planning and Zoning Commission with two Public Works staff recommendations on April 06, 2017) #1 The existing sewer system would need to be evaluated to determine if it would be able to handle the increased flow from the higher densities of the new zone; and #3 If the zone change is approved a traffic impact study would be required from any future development to determine street improvements needed; and with a strong recommendation against Public Works staff recommendation #2 which states: Increased density in the area would increase the traffic by the Splash Park and Carousel in Porter Park. With safety being the primary concern, the City currently installs speed bumps along 2nd South during the summer months to slow traffic down in this area. If the Zone change was approved, Public Works would recommend relocation of the Splash Park and Carousel.” Corey Sorensen reviewed the rezone request at approximately 154 South 3rd West. A map of the property and the Planning and Zoning maps were shown on the overhead screen. He reviewed the different zones surrounding the property. He also went over the reasons for the rezone request to High Density Residential 2. 11 12 Park View Applicant Handout Corey Sorensen reviewed the cap rates/operating cost for developments and provided information of other complexes. He went over current projects and the pattern of tearing down homes and redeveloping. The calculations only work if houses, 4 plexes or even 6 plexes are torn down to build vertical. If you tear down anything bigger than that the calculations will not work. 13 Corey Sorensen said he understands safety is a big concern around the splash pad; however, it has been his observation that streets become safer with new development. He said, an example of that is the intersection by North Pointe Apartments it is now safer than before. Council Member Mann asked Mr. Sorensen about the amount of parcels he owns in the property being rezoned. Mr. Sorensen replied, he and his brother own four of the parcels within the property and are under contract pending the approval of the rezone on the remaining parcels. Council Member Smith said Porter Park is overcrowded already and by adding more student housing the park will become more crowded. Mr. Sorensen said, parks are self-regulating; if one of the city parks is overcrowded, people generally pick a different city park to go to. Council President Smith mentioned the splash pad at Porter Park has been an economic driver for Rexburg. It attracts people from all over. Council Member Mann indicated everyone that lives in Rexburg is a citizen of Rexburg and is welcomed to use the city parks. The park impact fees assessed to new development should go towards creating safety measures for the park being affected. He said, with high density surrounding the park; it will create parking issues. He is in favor of high density surrounding Porter Park. Mr. Sorensen agrees safety is a concern; however, there are ways to slow down traffic around city parks. Council President Smith asked about the project going into the property if the rezone is approved. Mr. Sorensen indicated there is a demand for single student housing and based on the cap rates an acre would cost about 1.5 to 2 million dollars. The only things that calculate a profit, currently in the city are high-end commercial or single student housing. He mentioned with the current zone and with the current Conditional Use Permit he could add up to 100 more beds, there are about 141 units already. Instead of adding more beds he spoke with the neighbors to combine efforts and build something nicer that will be a lasting improvement. Corey Sorensen said he understands safety is a concern and a traffic study would need to be done. There are ways to slow down traffic; diagonal parking would be one way. The study will include traffic flow, pedestrian traffic and traffic safety. Council Member Flora said she doesn’t have a problem with high density by Porter Park. Planning and Zoning training suggests using worst case scenarios, in this case it would put about 800 more students near the park. The park will self-regulate but the concern might be that the park will become a student used park and this may affect the non-student residents. She asked Public Works Director Davidson the reason for staff recommendation #2 to relocate the splash pad and carousel. Public Works Director Davidson said the concern is the young children using the splash pad and carousel and their proximity to the road along 2nd South. The Squires Brick development down the 14 road from this rezone is also high density. The city is concerned with the amount of traffic both of these developments will add to 2nd South. Council Member Flora asked if the Planning and Zoning condition #3 “a strong recommendation against the relocation of the splash pad and carousel” would impede with any mitigation. Mr. Sorensen said, the traffic impact study will take into consideration pedestrian traffic and any safety concerns with the splash pad and carousel because they are considered city amenities. Council Member Flora asked if the park impact fees could be used to create a new splash pad at a different park. Finance Officer Nielson said, the impact fees could not be used to maintain the splash pad; however, the funds can be used to build a new splash pad. Council Member Busby said he is concerned with the parking issues that could arise. He asked if off street parking will be used by the tenants. Mr. Sorensen said, off street parking will not be used. There are several options for parking, one being a parking garage. City Attorney Zollinger stated there is concern with City Council approving the rezone without having the traffic impact study results. Discussion regarding Planning and Zoning conditions, including the traffic impact study. Council Member Wolfe said City Council has been instructed to look at land use and not the project. The question before City Council is should this area be rezoned to high density or not. City Attorney Zollinger explained zoning should be driven by the capacity of the geography. The capacity of the geography isn’t known until the traffic study is completed. Mr. Sorensen said the zoning doesn’t approve the project when conditions are added. If the conditions aren’t satisfied the project fails approval. City Attorney Zollinger reiterated there is concern with City Council approving the rezone without having the traffic impact study results. He said, like Council Member Flora stated, using the worst case scenario, HDR2 would allow 42 units per acre and without the traffic study it is not known if that would be the best fit for this area. Council Member Busby moved to table the rezone of 154 South 3rd West from Medium Density 1 (MDR1) to High Density Residential 2 (HDR2) as presented with two Planning and Zoning Conditions that are the Public Works staff recommendations #1. The existing sewer system would need to be evaluated to determine if it would be able to handle the increased flow from the higher densities of the new zone.) #3. A traffic impact study would be required from any future development to determine street improvements needed. And with a strong recommendation against Public Works staff recommendation #2 which states: Increased density in the area would increase the traffic by the Splash Park and Carousel in Porter Park. With Safety being the primary concern, the City currently installs speed bumps along 2nd South during the summer months to slow traffic down in this area. Public Works recommended relocation of the Splash Park and Carousel; Council President Smith seconded the motion; Discussion: Mr. Sorensen pressed upon City Council to approve the rezone pending the traffic impact study results. Council Member Wolfe said if the traffic impact study comes back negative, then City Council has made a poor zoning decision. Council Member Flora said she agrees with Mr. Sorensen that the approval of the rezone be based on the outcome of the traffic study; City Attorney Zollinger reiterated without having the traffic study results approving the rezone would be a poor way to zone; President Smith asked for a vote: Those voting aye Those voting nay Council President Smith Council Member Flora Council Member Busby Council Member Mann Council Member Wolfe The motion failed Council Member Mann moved to approve the rezone of 154 South 3rd West from Medium Density 1 (MDR1) to High Density Residential 2 (HDR2) as presented with the condition of a 15 traffic impact study would be required from any future development to determine street improvements needed; Discussion: Council Member Wolfe indicated he had voted incorrectly in the previous motion; Motion failed for lack of second. Council Member Busby moved to table the rezone of 154 South 3rd West from Medium Density 1 (MDR1) to High Density Residential 2 (HDR2) as presented with two Planning and Zoning Conditions that are the Public Works staff recommendations #1. The existing sewer system would need to be evaluated to determine if it would be able to handle the increased flow from the higher densities of the new zone. #3. A traffic impact study would be required from any future development to determine street improvements needed. And with a strong recommendation against Public Works staff recommendation #2, which states: Increased density in the area would increase the traffic by the Splash Park and Carousel in Porter Park. With Safety being the primary concern, the City currently installs speed bumps along 2nd South during the summer months to slow traffic down in this area. Public Works recommended relocation of the Splash Park and Carousel; Council President Smith seconded the motion; Council President Smith asked for a vote: Those voting aye Those voting nay Council President Smith Council Member Flora Council Member Busby Council Member Mann Council Member Wolfe The motion carried E. Rezone approximately 278 North 2nd West from Light Industrial (LI) to Medium Density Residential 2 (MDR2) – (Recommend approval by the Planning and Zoning Commission on April 06, 2017) Discussion: City Attorney Zollinger presented the rezone at approximately 278 North 2nd West from Light Industrial (LI) to Medium Density Residential 2 (MDR2). The residual right of way needed to be zoned. The Baptist Church is also in an A-typical zoning designation. The Baptist Church was approached by city staff to rezone from Light Industrial to Medium Density Residential 2 to be consistent with the DL Beck property. City staff is presenting a corrective action with the request of this rezone. Council Member Smith mentioned there was opposition to the DL Beck rezone because of the cost to add curb and gutter. She asked if the issues have been resolved. City Attorney Zollinger said city staff met with the property owners to the west of DL Beck development. They now understand the miscommunication that took place, even though they are not in favor of the outcome. . 16 Council Member Wolfe moved to approve the rezone of 278 North 2nd West from Light Industrial (LI) to Medium Density Residential 2 (MDR2); 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 Flora Council Member Busby Council Member Mann Council Member Wolfe The motion carried Council Member Busby moved to first read BILL 1161 to rezone 278 North 2nd West from From Light Industrial (LI) to Medium Density Residential 2 (MDR2); 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 Flora Council Member Busby Council Member Mann Council Member Wolfe The motion carried Calendared Bills and Tabled Items: A. “LAND USE ACTION” – Bills Recommended/Approved in a Land Use Public Hearing Procedure (Recommend Suspension of the Rules): – NONE B. BILL Introduction: – NONE C. First Read: Those items which are being introduced for first reading: Council Member Wolfe moved to approve the rezone of 278 North 2nd West from Light Industrial (LI) to Medium Density Residential 2 (MDR2); Council Member Busby seconded the motion; President Smith asked for a vote: Those voting aye Those voting nay Council President Smith None Council Member Flora Council Member Busby Council Member Mann Council Member Wolfe The motion carried D. Second Reading: Those items which have been first read: 1. BILL 1159 to amend Ordinance 1115 (Development Code) Council Member Busby explained he has concerns with chapter three sections 3.5 and 3.6 a. 3.5.25. LDR2 Conditional Uses: Delete Twin Home and Duplex. b. 3.5.20. LDR2 Permitted Uses: Add Duplex and Twin Home. He doesn’t agree with taking out the Conditional Use Permit and allowing permitted uses for duplexes and twin home. He would like to see it removed until there is further discussion. Council President Smith indicated there is also a language change in the Central Business District. Discussion regarding duplexes and Conditional Use Permits in Low Density Residential Zones. 17 Council Member Mann moved to second read Ordinance 1115 (Development Code); Council Member Flora seconded the motion; Council President Smith asked for a vote: Those voting aye Those voting nay Council President Smith None Council Member Flora Council Member Busby Council Member Mann Council Member Wolfe The motion carried E. Third Reading: Those items which have been second read: -NONE Mayor’s Business: Council President Smith mentioned the Drive Around 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 April 05, 2017 meeting B. Approve the City of Rexburg Bills Council Member Mann moved to approve the Consent Calendar containing the minutes and city bills; Council Member Flora seconded the motion; Council President Smith asked for a vote: Those voting aye Those voting nay Council President Smith None Council Member Flora Council Member Busby Council Member Mann Council Member Wolfe The motion carried Adjournment 8:29 APPROVED: ____________________________ Jerry Merrill, Mayor Attest: _______________________________ Marianna Gonzalez, Deputy City Clerk