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HomeMy WebLinkAboutCouncil Minutes - April 19, 2023 1 Mayor Jerry Merrill Council Members: Robert Chambers Jordan Busby Mikel Walker Tisha Flora Colin Erickson Bryanna Johnson City Staff: Stephen Zollinger – City Attorney Matt Nielson – Finance Officer Keith Davidson – Public Works Director Alan Parkinson – Planning & Zoning Administrator Scott Johnson – Economic Development Director Deborah Lovejoy – City Clerk 5:00 P.M. Development Code Work Meeting Combined Planning & Zoning Commission (video Index 0:10:47) Alan began by explaining that he had met with citizens within the community to discuss animals but would like to put the animal discussion aside until the end. He asked if there were any questions other than animals that the Commission or Council would like to ask. Alan indicated that the development code draft document on the screen contained the modifications previously requested. Tisha commented that she had previously asked all of Cory Barnard’s submitted questions, and they were great questions to help clarify the code. She invited Cory to meet with Alan to share that same experience. Sally asked if there was going to be a public hearing. Alan explained that we are starting over in the process and there will be a public hearing before P&Z before going to the City Council. Next, he explained that in the document, that black text is original code that we have not changed, green is the proposed change, and red is proposed to remove. He further explained that some of the red text is text that we have moved to another section to consolidate the code, allowing for greater ease in finding all related information accessible in one section. Alan showed the definitions section and hit on a few that were updated, including attached single-family dwellings and modular/manufactured/mobile homes. Jordan asked if modular homes are still popular. Alan and Vince responded that yes, they are quickly regaining in popularity. Jordan asked if there were specific neighborhoods seeing modular home growth. Alan responded there is a large development in Chester. The Mayor suggested that there should be a modular neighborhood in Rexburg to help provide affordable housing. Aaron added that commercial buildings can be modular as well, that a community center in Jackson is built that way, and that they are overbuilt since they must be transported via truck. Alan remarked that in a recent conference they even saw a multi-family complex built modularly. Discussion turned to permitted accessory uses. Alan described the permitted accessory uses as not the primary use and not a residence. He gave examples such as greenhouses, sheds, garden sheds, etc. He stated that in the current code, accessory apartments are only permitted for caretakers or family, but it cannot be rented. A discussion on ADU’s (accessory dwelling units) followed. The Mayor remarked that Idaho Falls has approved ADU’s in all zones and that he thinks it is something Rexburg should look into. Alan agreed and confirmed ADU’s are on the radar and will be discussed in a future meeting, adding that people cannot afford homes or rent, and so ADUs are popular to help make the payments. Mayor Merrill volunteered that many City employees cannot afford to live in Rexburg and are having to live in other communities. McKay inquired about the restrictions of ADU’s for caretakers, asking how the code is enforced, especially after the property is sold. Alan responded that it is a challenge to track them. Duplexes are tracked as they require life safety inspections. Usually, if someone is going to rent an ADU, they need a business license and that is where it is caught. Colin shared that this happened in his neighborhood recently. Alan touched on restrictive lot covenants and placing restrictions on deeds. Jordan expressed that he feels that a casita should be able to be rented out, that there are too many restrictions against renting it. Alan responded that the right rules are needed to protect neighborhoods, owners and renters. 35 North 1st East Rexburg, ID 83440 Phone: 208.359.3020 x 2101 Fax: 208.359.3022 deborahl@rexburg.org www.rexburg.org City Council Minutes April 19, 2023 2 Cory Barnard asked if there are any changes to the document since March 15th? Alan replied yes, and discussion followed on the naming format of the documents. ***Update names of documents to draft 1, draft 2, etc. and keep date. The group reviewed accessory building setbacks, heights, and distance between buildings before moving on to fencing. Colin inquired about the Administrator Approval. Alan summarized the process, adding that this is just helping property owners avoid challenges. He identified several ways to notify fence companies, HOA’s and property owners. Colin suggested contacting landscapers as well. Alan discussed agriculture being removed as a permitted usage in RR1 & RR2 because the definition of agriculture states that agriculture must be the primary use, and a house becomes the primary use. He pointed out that gardens and small hobby farms are permitted, but the products cannot be for sale, or it becomes commercial. Alan touched on household pets being permitted in all zones, while domestic livestock is permitted in TAG – LDR3, and the definition limits the number by stating there must be adequate space available. The group examined the maximum density for each zone. Robert inquired why in LDR2 it was stated as single-family dwellings attached (except townhomes). Alan reminded the group that this was added in response to a request from the group. Robert proposed that townhomes could have a greater impact than single-family homes only, and should be allowed as a CUP. Group consensus agreed that townhomes could be allowed in LDR2 with a CUP. ***LDR2 permitted uses – Allow Townhomes with a CUP. Discussion turned to CUP’s and PUD’s within higher density zones for single-family detached, twin homes and townhomes. Aaron proposed to have a CUP for twin homes or duplexes in higher density zones and the Mayor agreed, adding that the CUP gives flexibility. Vince drew attention to the fact that he felt like the Commission was more of a zoning commission, rather than a planning commission. Colin commented that it seemed like this could defeat the purpose of the higher density zoning. Vince inquired about a way to vote against something if there is not an argument other than it doesn’t fit that satisfies legal counsel. Alan cautioned that he is not a lawyer, but that a reason could be that the item at hand is not supported by the comprehensive plan. He added that he planned to review the comprehensive plan with the group every 2-3 years, to confirm that it meets the city’s needs, or to identify potential modifications. Wanless Southwick stated that the dialog about the plan and where these areas are that are best for growth need to include the public, not just Planning & Zoning and City Council. Alan agreed and pointed out that the public is invited to work meetings, public hearings, and public meetings. The conversation turned to densities, including Manufactured Housing Communities and PUD’s. Alan pointed out the proposed changes in the CBC and Industrial zones, which included new commercial subdivision lot size requirements and building height limits. Colin asked if the parking was fixed for multi-family/PED housing. Alan responded yes, it was removed, but single-family and single student can ask for a reduction. Mikel asked if the reduction amount had been modified. Alan confirmed the reduction percentage had been increased to 75% and the multi-family reduction option had been removed. Vince asked if the parking modifications adequately addressed the issue of student housing turning into condos. Alan replied that the applicant does have to meet the parking standards to convert student housing into condos, and the additional parking standards to offer as a short term rental. Alan added that the visitor reduction option was also removed from the proposal. Alan moved on to the proposed changes to Short Plats, explaining that the changes were merely to clarify the number of lots divided that qualify. If a division contains three to five lots, it qualifies for the Short Plat application that only requires the Zoning Administrator approval. Vince and Colin expressed concerns pertaining to the administrative approval of short plats and the lack of public involvement. Jordan questioned if there was a change in setbacks when processed this way. Cory Barnard asked if short plats must meet minimum lot areas. Alan responded that the decision is administrative and that multiple 3 departments review the short plats to verify the plat meets the code that has been set in place, including setbacks and lot area. He added that only the clarification of the division limits was added to this section, the rest will stay the same. The group discussed animals as an accessory use. Sally voiced that she feels okay with how the code currently is and doesn’t feel that LDR1, LDR2, and LDR3 are a good fit for livestock. Vince disagreed. Tisha commented that chickens and rabbits have been kept in LDR2 and the neighbors didn’t care and she doesn’t think anyone would ever put a cow in their small yard. She expressed that the definition is perfect as it allows for reasonability and if there is a problem, a neighbor will come in. Robert asked how to make the arbitrary objective. Alan responded that it comes down to nuisance. He added that chickens are included in the household pets definition, so that 5 chickens are allowed. Wanless Southwick stated that the key is number 5, where whatever you have, pet or livestock, you’ve got to have adequate space. He feels the definitions of pets and livestock are sufficiently clear in the changes now that household pets are defined as being kept for comfort whereas livestock is kept for food production. He commented that he had seen a report where chickens can be kept where space is available, but not allowed in apartments or townhouses, which is exactly what Alan has done and is consistent with what others have done. Alan asked if there were any other major concerns before announcing that these changes will come before Planning & Zoning again. Katie Jo Saurey Planning and Zoning Administrative Assistant 6:30 P.M. City Hall (1:41:35) Council President Busby said the prayer Council Member Erickson led the pledge Roll Call of Council Members: Attending: Council Member Flora, Council Member Chambers, Council Member Erickson, Council Member Walker, Council President Busby and Mayor Merrill Council Member Johnson did not attend the meeting. Public Comment: Limit 3 minutes; issues may be considered for discussion on a future agenda. Please keep comments on point and respectful. Lee Barney said he is concerned that over the last 10 years the city has been mining the wealth of Main Street and the downtown area. Lately, the city has been shipping that mining wealth to areas in the county and to the fringes of the city. He is not talking about zoning choices; for example, there are citizens that believe there are traffic congestion problems on Second East Street. In response to that type of traffic congestion, other cities have installed left turn barriers to provide a smoother flow of traffic. He cannot think of a single business owner that would say ‘please install the barrier in front of my business so my customers have to complete a U-turn to enter my business”. Mr. Barney said if the city were to install the left turn barriers on Second East, the city would be mining the wealth of those businesses and shipping it out to areas where the commuters are coming from. Mr. Barney said he knows the city needs to be cooperative with other government agencies, such as the Idaho Transportation Department (ITD) since Main Street is on a state highway. He is not advocating for any type of confrontation with ITD. He suggested there are ways to build wealth within Rexburg to the benefit of our town and neighbors. The building of wealth within Rexburg would also benefit residents outside the city and residents on the fringes of the city. There are proven ways to build wealth other cities are currently using. They have studied these ways for long periods and these ways are productive. He asked if he could meet with each Councilmember individually to talk about some of these ways the city could adopt. Council President Busby suggested Mr. Barney contact the Councilmembers individually via email. Items from City Council: (1:47:17) 4 A. Committees: MEPI, Cultural Arts, Grants, School Board, MUSIC, MYAB, Traffic & Safety, Emergency Services Board, Trails, Beautification, Parks, Recreation, Urban Renewal, Airport, Golf Board, and Legacy Flight Museum Council President Busby said the Madison High School Graduation is scheduled for May 25th at the Bobcat Stadium. Council Member Flora reported the Urban Renewal Agency met today to review the yearly audit report. She commended the city Finance Department for their assistance in managing the Urban Renewal Agency’s finances. The audit report came back from the auditor with good reviews. Council Member Flora said she was not able to attend the Parks Committee meeting; however, Mayor Merrill attended the meeting. Mayor Merrill reported city staff and the Parks Committee are working with the Consultant Group on the design of the new park. They reviewed the results of a survey sent to city residents regarding the desired amenities for the new park. They received about 2,500 survey responses from residents. The new park is near Barney Dairy Road and along the Teton River. There was a list of amenity priorities for the park in the survey. The number one amenity was river access, the second was hiking and biking trails, and the third was picnic shelters. The survey confirmed some of the ideas that city staff had considered. The city plans to build the park in phases. The first phase of the park will begin this summer on the lower section of the property. They plan to build the park trails in the second and third phase. Council Member Erickson reported the Golf Board met. The golf course staff is ready and excited for the upcoming golf season. The greens held up well during the winter months. The capital improvement projects at Teton Lakes are on schedule. Council Member Walker reported the Mayor’s Youth Advisory Board members have been touring the city and county facilities. Last week they toured the animal shelter, and they will tour the jail next week. The MYAB members will also be helping with Flow-Bor Day on May 17th. Staff Reports: (2:01:37) A. Finance: – Matt Nielson 1. Financial Reports Mayor Merrill said Chief Finance Officer Nielson is home ill so there will not be Finance Report. B. Public Works: – Keith Davidson Public Works Director Davidson reported the city received the Thriving Communities Grant. The grant provides the city with a consultant that will apply for federal grants. There were about 260 grant applicants and only 64 applicants received the grant. There have been sewer issues at the Romance Theater. One of the items they are obtaining pricing for is to move the sewer connection to the alley. There is more of a slope towards the alley, which will help the water flow in the sewer line. He also reported the bridge going over the canal near the Barney Dairy Road is almost complete. The potential risk of flooding due to the melted snow is not an issue anymore. There was water from melting snow coming down Hidden Valley, the street crew was out late that night to make sure the storm drains did not clog. Council President Busby reported the streetlights by the Ivy Apartments are not working. Public Works Director Davidson said the electrical breaker of the streetlight keeps tripping. They are waiting for the ground frost to melt to remove and repair the breaker. Council President Busby asked if the street crew could start repairing the potholes. Public Works Director Davidson said the dura-patch machine is out of oil, so the street crew is waiting to receive the oil to begin repairing the potholes. Mayor Merrill mentioned the Blue Cross of Idaho Foundation for Health/City of Rexburg Partnership and Impact video. The video shows the transformational change that occurred in the city. He said city staff would include two months of city events and activities in the utility newsletter. Mayor’s Report: (1:53:07) 5 Mayor Merrill reported the Feature Forum with Lt. Governor Scott Bedke went well. A community committee is looking for volunteers on April 28th and 29th to pick up trash along the highway and other places in the city. He encouraged everyone to volunteer to help pick up trash. The Arbor Day Celebration is scheduled for May 20th at 10:00 A.M. at Porter Park with the unveiling of the monument made to thank the donors that funded the new trees. Later that afternoon there will be an unveiling of a memorial bench donated by Madison Cares for families affected by suicide. They have scheduled the Eagle Park Clean-up event for May 23rd. He asked volunteers to come help clean-up Eagle Park. Mayor Merrill reported the city is planning the grand opening of the Donjo Sports Complex in June. The city will be honoring the Cichos Family for their generous donation to help build the baseball quad. He encouraged everyone to attend the Comprehensive Plan Workshop meetings on April 24th and 25th starting at 6:00 P.M. – City Hall. City Clerk Lovejoy mentioned the combined City Council, and Planning and Zoning meeting on April 26th starting at 5:00 P.M. The City Council Drive Around is on April 28th. Discussion regarding the Transportation Master Plan work meeting. They decided to hold that meeting on June 14th. Calendared Bills: A. Second Reading: Those items which have been first read: NONE B. 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. (2:15:27) A. Minutes from April 5, 2023, Meeting B. Approve the City of Rexburg Bills Council Member Walker moved to approve the Consent Calendar containing the minutes and city bills; Council President Busby seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora none Council Member Chambers Council Member Erickson Council Member Walker Council President Busby The motion carried Adjournment 7:19 P.M. APPROVED: ________________________________ Jordan Busby, Council President Attest: _____________________________ Marianna Gonzalez, Deputy City Clerk