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HomeMy WebLinkAbout2000.12.06 CITY COUNCIL MINUTES DATE: (120600) MINUTES OF THE CITY COUNCIL MEETING December 6, 2000 7:00 p.m. STATE OF IDAHO) County of Madison) SS City of Rexburg) Present were the following: Presiding:Glen Pond Council members:Kay Beck Paul Pugmire Nyle Fullmer Donna Benfield City Clerk:Marilyn Hansen P.F.C.:John Millar City Attorney:Stephen Zollinger Pledge to the flag. Glen excused the Mayor who is out of town. Kay made a motion to approve the minutes of November 15, motion was seconded by Nyle. All voted aye, none opposed. nd Preliminary Plat Approval for LDS property on North 2 East John Millar distributed a plat showing the location and plan for the property which lies north and nd behind the bowling alley on North 2 East. The proposal is to subdivide the property into four nd lots which will be accessed by 2 East, no roads are planned within the plat, water and sewer service is from existing lines located on the eastern side of the property. Planning & Zoning has reviewed with recommendation for approval. John Watson presented an overview of the proposed plans. The reasons explained for development are that the LDS church does not want to use Lots 2 and 4 which lots will be for sale. Lot 3 will be developed for a new Deseret Industries building. The tentative project is approximately a 42,000 square foot building with a number of functions which has not been totally decided but could be for Beehive Clothing, a bishops’ storehouse, and a facilities manager. The timing on this project has not been definitely set. In the process of platting, some of the property lines are a little inconsistent which will be cleaned nd up through quitclaim deeds. A power line running across Lot 3 can be relocated, North 2 East is a state highway and access has been approved with them. Nyle made a motion to approve the preliminary plat, seconded by Kay. All voted aye, none opposed. Acceptance of Evergreen Subdivision John Millar stated that the Evergreen Subdivision on the west side of town is substantially complete. There are a few outstanding items that will be cleared with developer, the bike path is yet to be completed and whether it is a separate path or a striping of the north side of that street is yet to be determined, the ditch along the south side has to be culverted, there is a road connecting this subdivision with the proposed one to the south which will be developed at the time of development of the south subdivision and streets will be seal coated as conditions allow. There are costs the City has incurred on this development, some of the utility lines installed were 1 oversized at the request of the City and the City has an agreement to pay for that oversizing cost to serve properties contiguous to this development. The main reason for getting the approval at this time is for the City to maintain ownership of the streets in order to plow the roads. People are living on most of the roads now, all of the test records have been reviewed and they are to City specifications and it is recommended to be accepted at this time. Nyle made a motion for the City to accept this subdivision, seconded by Paul, all voted aye, none opposed. Approval of Beer Licenses nd Beer Licenses submitted for approval were Maverick Country Store, 75 No. 2 East, Maverick ndnd Country Store, 12 So. 2 West, Teton Lanes, 585 No. 2 East and Gas ‘n Goodies at 565 No. nd 2 East. The license for Gas ‘n Goodies is being approved for the balance of the year 2000 and 2001 will be contingent upon receipt of licenses from the state and county. Kay made a motion to approve the above beer licenses, motion seconded by Donna, all voted aye, none opposed. Animal Control Committee Report Glen reported that the Animal Control Committee had met to review Ordinance 581 for the licensing of dogs and rules associated with it. Chief Archibald, Officer Poole and Glen had met, there was a change on page 4, Section 6 and it was recommended to delete the last sentence reading: In the event the police officer finds no cause for complaint, the person who filed the complaint will be fined $50.00. Paul had reviewed the ordinance and recommended the following changes: 1. In some instances it referred to the Police Department or its representatives which was not consistent, it should be one way or the other. Dama Wirries commented that representative was only used in areas where another party could represent the Police Department, as an example in issuing licenses but could not represent the Police Department in issuing citations. After discussion Paul did request that these changes be made. 2. In Section VII he questioned why the decision was made to not allow control by whistle, voice or other command in that section, he is suggesting it probably should be. Dama commented it is in Section VIII, that Section VII did not have it originally. Paul feels this should be included in Section VII. 3. On the last page No. 1, if the permits are going to be urged the content of the permit and the process should be fleshed out. 4. In reference to the fine of $200.00 and then $500.00 in No. 2, the $500.00 fine especially is not consistent with the fine structure throughout the rest of the Ordinance and he suggests it be so. Dama feels these items are more serious than a dog walking around without a license and constitute a higher fine. Discussion on this matter. It was concluded these changes should be made. Paul made a motion for the adoption of the Ordinance as it currently stands and have the first reading. Nyle seconded the motion, voting as follows: Nyle -AyePaul -Aye Donna -AyeKay - Aye 2 Paul made a motion to consider the Ordinance having been first read, seconded by Kay. All voted aye, none opposed. Donna reported on the Historical Society and the point of history in Smith Park. They would like to move to the Courthouse for a history of the County Courthouse and place it on the lawn there. Project update John reported that the project on North Highway is open. The proposed delivery date on the poles and signals is for the week of December 25 and anticipated operation time is toward the end of January. The water shop project has been completed. The Water Department has moved to their new shop which left their building adjacent to City Hall empty. There are requests from Police Department, Fire Department and City Hall to share in the use of that building. John is seeking advice from Council as to the use of the building. All departments are looking for storage areas. It has been proposed to petition off the north bays and have use for police and fire in that area, the shop on the south end be kept as a shop which could then be used by police or fire or as needed. The other two bays in the center portion of the building could be used for storage for City Hall releasing the two rental storage bays they are now using and leaving most of that center portion for future expansion, either to move the engineering and drafting there in some future date or use as the need develops. Glen felt it would be good to have the Mayor present for any final decision. John reported on the development of a program which will allow the use of Magnesium Chloride on the streets to help with the ice problem. A unit has been built for the application for a cost of under $1,000. We have borrowed two storage tanks and would like to purchase a tanker full of Magnesium Chloride which would be approximately $2400, which is within the budget, and do a serious test on the chemical. Discussion of the wear and tear on cars. John was directed to go ahead with this project. Introductions of scouts. thth Public Hearing concerning annexation on 5 West from 7 South th John explained that the area involved includes property lying on the west side of South 5 West th between 7 South and Sheriff Moffat. All the properties on the west side are either on city water th or sewer or both. An additional piece of property located off 7 South to the east, the Gale Harding property, is also on city sewer and because they are on city services it is determined to be in the best interest to annex. Public hearing was opened th Shawn Cannon - 704 So. 5 West Is purchasing a home in this area and is in favor of annexation. Dave Beck - 1187 So. 1000 West Dave owns the last piece of property on the street for annexation. He sent in a letter agreeing to be annexed into the City with a couple of items to be taken into consideration, not to be put on an LID for curbs and gutter for 10 years or so and the other was waiving any front foot charges for sewer and water. Stephen assured him the letter had been made a part of the record. As per the LID this Council cannot obligate future Councils on items such as that. The annexation is conditioned upon a waiver of front foot fees, there is already services running in front of those residences. Public hearing was closed. 3 Nyle made a motion to accept the annexation of the properties mentioned being consistent with the proposal that had been made to the residents. Paul seconded the motion, all voted aye, none opposed. Ted Whyte questioned the sidewalk ordinance when it comes to transfer of property. He was informed that at the transfer of property the ordinance for sidewalks will apply as it always has. st Public Hearing for Steve Oakey on property at 50-60 So. 1 West John explained the location of the above two parcels of property and distributed an aerial photo showing the surrounding area. The property is currently zoned Medium Density Residential (MDR), the proposal is for changing of this property from MDR to HBD, Highway Business District. The Comprehensive Plan shows this area as being HBD. The issue was before Planning & Zoning and recommended to Council to be changed. A college student in attendance questioned the process of annexation which was explained by Paul. rd Steve Oakey - 25 So. 3 East Steve is requesting a zone change as a direct result of certain bits of economic evolution which has been happening in Rexburg recently. Broulims had a great deal to do with revitalization of downtown a couple of years ago and along those lines it seems a natural outcome that other businesses would want to take advantage of that. This property is a corridor off Main Street and he feels it is a natural thing. Several of the opponents to this zone change own apartments in their neighborhood that are being leased to students and they are taking advantage of the economic turnaround in downtown as he hopes to do. He presented a map outlining how the evolution has proceeded to this point and where each apartment and/or residence is located. st Verna Gneiting - 130 W. 1 South She turned in a letter requesting a review and change to the existing Comprehensive Plan. She understands the Planning & Zoning responsibility is to maintain the land value and protect the existing use, the existing use has been residential for many years. She gave the years that many of the homes in that area had been built. When she first moved in the area 23 years ago it had been projected to be a commercial area, the City did not grow that direction, so there was a zone change to Medium Density Residential. She feels that by re-zoning one or two parcels at a time it devalues the homes next door. She has been told that commercial property is of more value, however, if it is done piece meal it devalues the properties around them. There is commercial property available, Steve wants this change because he can purchase it for less, there will always be someone looking for a better price. Does this mean that everyone in the City should be concerned that the residential property will be sold for commercial? As each piece is rezoned it becomes much easier to rezone another piece. Not only does Steve want this changed because he will benefit from putting a car wash there, but the owners of Cottonwood need more parking so they are also going to benefit. They own that home, it can be removed and used for parking, it is already zoned for that and does not need to be changed to commercial. There is already a car wash one block away, it is dirty, ugly, not aesthetically pleasing, it is not in a residential area, it is commercial. There are seldom lines of cars waiting to get into that car wash. This will cause a chain reaction, if this is changed the next property becomes devalued because of the loss of the value of the home. She requested that the neighborhood be given some time to see what really happens at the college and re-evaluate the Comprehensive Plan. There is lots of room to grow, you do not have to destroy residential areas for commercial. Many businesses are moving north, Porters is moving part of their business to the Ultimate Direction building, Tru Value is leaving Main Street to move north, there are vacant commerical locations available, the City is moving north it is not moving into the residential area. 4 The City does not need another car wash, it needs more married student housing. This property could be used to build row houses and house married students. When she purchased her home she thought she would be able to raise her children, her grandchildren could come, and it would be her home for her existence. She likes her home, she does not have the need to be bigger. Vera Rish, an elderly lady living next to this property has ask that this change not be made, that it will devalue her home. Verna also requested that better notification be made to those citizens involved in these decisions. st Sally Thompson - 110 So. 1 West She is excited about the growth that is happening but feels it does not need to change the neighborhood. She has been told that living a block from Main Street and close to Ricks College she should expect to have things happen in her neighborhood, but what she expected to happen when she moved there 31 years ago was to be able to enjoy her home. Her home is equipped for a disabled handicapped person, with a ramp and accessibility inside and she is not in a position to move. She is concerned that her son, Trent’s independence will be diminished if the car wash goes in because of the added traffic. He is now able to go to the grocery store, the post office and she feels the car wash would create a safety hazard and diminish his independence. She realizes that she is not being pushed from her home but when the atmosphere of the neighborhood changes to commercial she does not want her son to have a restricted environment and is against the zone change. st James Parkinson - 144 W. 1 South He is opposed to the plan. Why does this parcel need to be changed? Steve is moving into a residential area which is currently zoned for medium density residential and as he pointed out there are those who are profiting but they are doing so under the current zone that was changed approximately 24 years ago. There are many other commercial parcels in the City and before we start hacking up residential areas we need to use those commercial parcels first. This area does not need to be changed. During the Planning & Zoning meeting there were comments that the zone change was in line with the Comprehensive Plan. The Comprehensive Plan does not accurately reflect this area, if anything it should be high density due to the apartments being built in that area but not commercial. Planning & Zoning referred to many of these lines and many of these areas as bubbles and the areas and lines are not concrete. If we’re making a planning and zoning decision on an area you may suspect to be commercial, but is not, why do we have to make it concrete. Another question is what will the residents in the City gain from this business? It is a great idea to bring in a new business but not at the residents’ expense, economically there is not a boost here, it is an unmanned carwash so it is not bringing in any jobs, Mr. Oakey will be the sole beneficiary of it. If this carwash doesn’t work, down the road there still would not be a say of anything that could go in there. The majority of people present tonight oppose this, decisions should be made on majority. st J. D. Hancock - 124 So. 1 West J. D. asked that all of the neighbors concerned with the project please stand. (There were approximately 20 present) The City Council does not have to make a change at this time, there is no compelling, overriding public interest which requires you to make a change now. Most of those residents have lived in their location for 30-50 years and they do not want a change. There have been repeated requests for sections of West Main to be rezoned for highway business district for professional offices, etc. Repeatedly the City Councils have all consistently gone with the majority of the owners, they have not allowed economic interests to win out over personal property rights. He discussed several examples of such cases. He feels there should be careful consideration given to spot zoning and reviewed what has happened to the block in past years. If zoning does not protect residents then there is no real purpose for having zoning in the City. This zone change is not compatible with existing uses. 5 Steve Oakey stated that the Pratts who own Cottonwood Apartments have a parking situation they are trying to deal with through a mandate from the City to accommodate more parking and in this negotiation that issue will be dealt with. Through his experience in the business he has looked at several different pieces of property to develop and he feels this parcel is a natural location. He feels this neighborhood has changed. There was discussion on the recommendation of Planning & Zoning and how that recommendation came about. Donna stated that she sees a growth of the downtown in this area, there is also growth of the downtown going north of town. It is enlightening to see business north of town wanting to come back downtown because downtown as we all know needs a revitalization. We are begging people to look at the downtown area to bring their businesses like Broulims did, a revitalization of an area. It is growing north of town, and that is the way it looks, we do not want everything to go north of town, we also want business people to look at downtown and keep both alive. We looked as a City Council at the Comprehensive Plan that this is an area that can be used to expand the growth downtown when the times comes and I feel like that is where people are looking now. It is a hard one but she feels Planning & Zoning made a recommendation. st Pat Scheese - 77 W. 1 South One reason they did not mind having McBride’s Photography in their neighborhood is it changed nothing as far as the house, nothing was changed, nothing removed, it is only open during the day, closed at night, has not changed the looks of the neighborhood at all. We did try to stop the apartment complex and we were unable to do that. A car wash is a big difference, it creates noise, it creates more traffic and other problems. She purchased her home 10 years ago, paid it off to have it paid off before she retired which she has done, she cannot afford to move, she loves living there but this will change the entire neighborhood. If it were a small business she probably would not be here but a car wash is a different story. She is opposed to the type of business. There was discussion concerning the value of ground, residential to commercial, parking at Cottonwood apartments, Melaleuca property, and the new apartment buildings, Comprehensive Plan, the resistance which has arisen, McBride’s Photography, the safety hazard and added traffic. Stephen reiterated that this discussion should be centered on the zone change, not the type of business allowed in the zone change or the economic viability. Paul questioned Stephen concerning the letter submitted by Verna Gneiting concerning a request for a hearing on the Comprehensive Plan. This is an appropriate request of Planning & Zoning to consider changing the Comprehensive Plan at that location, however it cannot legally be heard by the Planning & Zoning Commission for six months. We are in the process of making modifications to the Comprehensive Plan right now and are limited by statute to doing that once every six months. Donna questioned Steve as to his experience with the car wash he presently owns with people being there in the middle of the night. His response was that there would be some activity but it drops off with the hours, as a business owner he would hope there would be people there 24 hours a day and he will not soft shoe that issue. His experience is that after a period of time after it gets dark the business drops. Nyle stated that as he looks at the aerial photo he sees that commercial really does cover the bulk of that block and even as it was stated it is not the responsibility of the Council to decide where a person should locate a business. After listening to everyone tonight traditionally the Council has done what was stated that they have been reluctant to make changes to the benefit of one party. Sometimes changes are hard but with history behind some of those decisions they were the right thing to do. He remembers not long ago of a parcel of property that wanted to be rezoned to high density to try to accommodate a gentleman trying to make his property more profitable and for whatever reasons the Council decided, he was turned down and in large part because of residents involved opposed the change. That piece of property developed and he made it work with what he had. 6 With so much of the neighborhood involved, and even though he believes the zone change is probably the way to go, he would be very reluctant at this point in time to support a zone change because it appears we are doing it to accommodate a single individual to accomplish what he wants to do. He feels there is still a real responsibility to the neighborhood to protect them. Paul was most highly persuaded by the Thompsons and the safety situation. Mr. Hancock was the City Attorney for years and there would be no one more familiar with this process than he and the Comprehensive Plan took place effecting his neighborhood without a great deal of opposition from that neighborhood. Nothing can change the fact that this neighborhood is already commercial, you add it all up and he suggests to buy some time on this. Paul made a motion for the purpose of allowing six months to pass for the Planning & Zoning Commission to get a chance to go back, review the Comprehensive Plan and that this matter be tabled. Nyle seconded the motion. Glen reviewed the motion and second to go back and table this until it can go through a review for the Comprehensive Plan. Voting as follows: Nyle -ayeKay -nay Paul -ayeDonna - nay With an even vote, Glen, as Council President gave the deciding vote of aye. The motion passed. Nyle asked for Hope Quick to state what she had attempted. She owns one of the homes in question and has lived there a little over 1-1/2 years. They purchased the house in hopes of raising their family in a tight-knit safe neighborhood with children their own age, and have found it is not possible. There is already too much traffic to allow children to go from street to street safely or to ride their bike on the sidewalk safely, they would love to sell as residential but the possibility is very very low that they would ever bring enough from their home to be able to move anywhere else. Paul wanted his motion to be understood. They operate under the rule of law, this is not a majority vote, it is not to see who can turn out the most people, he tabled this motion for the purpose of review of the current status of the law. If this current status of the law is not changed, that is to say that if the law currently stands after this process, keep in mind that the proposal before us now is in compliance with the current status of the law. He sought to buy some time to review the current status of the law. Nyle made a motion to pay the bills, seconded by Kay, all voted aye, none opposed. Kay made a motion to go into executive session, seconded by Paul, all voted aye, none opposed. Reconvene Kay made a motion to adjourn, seconded by Paul, all voted aye, none opposed. 7