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HomeMy WebLinkAbout2001.12.19 CITY COUNCIL MINUTES MINUTES OF THE CITY COUNCIL December 19, 2001 7:30 P.M. STATE OF IDAHO, ) County of Madison ) SS. City of Rexburg ) Present were the following: Mayor:Bruce Sutherland Council Members:Kay Beck Paul Pugmire Nyle Fullmer Donna Benfield Glen Pond Marsha Bjornn City Clerk:Marilyn Hansen Finance Officer:Richard Horner PFC:John Millar City Attorney:Stephen Zollinger Pledge to the flag. Approval of Minutes Marsha made a motion to approve the minutes of December 11, 2001. Motion was seconded by Nyle. All voted aye, none opposed. The Mayor announced that under the Mayor’s business the following items would be discussed: Youth members assigned to committees, police reserve officers and funding, the need to make a change from electrical heat to gas heat in the Police Department Office, and a report on a study for Idaho Housing. The Mayor also admonished those speaking tonight in the public hearings to keep their comments to 3 minutes and to refrain from repetition of items already discussed. A slide presentation had been prepared for each of the agenda items which John Millar presented in detail. Nelda Jeppesen Public Hearing for Annexation and Zone Change John Millar reviewed the location, history and details of the Nelda Jeppesen request for annexation and zone change to High Density Residential (HDR). This request has been before the Council before. The public hearing was opened. John Watson - JRW Associates Architecture Firm John, representing the Nelda Jeppesen family, gave a brief history of the past meetings this request has already been through, including a community meeting which had been set up with the neighbors, none of which appeared. John feels there have been many concessions made on this project to meet the requirements and they are requesting a zone change to High Density Residential (HDR) even though Planning & Zoning recommended Medium Density Residential (MDR). Judy Davis-Hobbs - Real Estate by Archibald Judy feels the Comprehensive Plan allows multi-family residential, the University owns a tremendous amount of property in close proximity to this property, this is not a prime residential 1 neighborhood, there is a pet store, an auction facility, and other businesses next door to this property. She urges the Council to approve this zone change to HDR. Jim Smith - DSG Group from Sandy, Utah, Jim represents a company that is a potential purchaser and developer of the Jeppesen property. This property would be developed immediately for single student housing to provide for the growth of BYU-Idaho. The development would consist of ten 12-plexes which would bring in tax dollars to help support city needs and services. th Don Rydalch - 648 So. 5 West Don’s home is close to the Jeppesen property which is requesting the proposed zone change. He and his wife strongly object to the zone change to High Density Residential 2 (HDR2). They would be agreeable to keeping this property zoned Low Density Residential 1 (LDR1). With regards to the community meeting referred to by John Watson, the neighbors continued to affirm that the only acceptable plan is to be zoned LDR1, all thoughts should be kept in public hearings so the conceptual plan was of no use. He understands the need for change and business growth, neither of these reasons should be the driving force for such dramatic zone changes. This property is in a prime residential neighborhood and he would like to remain in his home without a maze of apartments nearby. The Council is the neighbors’ only safety net from big business and projects such as this should move slower, not faster. The City Council conducted a public hearing on July 18, 2001, with a unanimous vote against it. Don requested they listen closely to the neighbors and keep this property zoned LDR1. Darin Call - 1089 So. 1000 West Darin lives directly across the street from the Jeppesen property and they request this property be zoned LDR1. He is concerned about the safety of the children attending the school in the area and that should be of prime concern. He voiced these same concerns at the meeting last summer thth as well as the bike and walking path becoming unsafe with more traffic on 5 West and 7 South. Darin is asking support to zone the Jeppesen property LDR1. Tom and Lucy Blackham - 1165 So. 1000 West Tom and Lucy both protest the zone change to HDR. They referred to a self-made map tracing the history and details of the annexation and zone change of adjacent property last year and details of the zoning ordinance concerning LDR1 and HDR. If this property were zoned LDR1 it would allow 89 dwellings which would allow a closer knit neighborhood, if zoned HDR it will allow 329 dwellings which most would be students or young marrieds. This change will increase traffic and it will no longer be a closely knit neighborhood. They strongly oppose any zoning other than LDR1. Wes Lawrence - 1144 So. 1000 West Wes and his wife’s property borders the subject property on the south side and they will be mostly effected. His home is more important than any money that may come from the sale of property. The Council is aware of the proposed projects inside the city which is not being developed. There is a shortage of housing but not building sites due to the cost of building and the return on the investment which is not sufficient for developers. He requested the Council to not move with the zone change to HDR. He read a portion of a Letter to the Editor to the Rexburg Standard th Journal from a past resident of Rexburg suggesting apartment buildings be left to the North of 7 South where some already are. th Judy Harding - 329 W. 7 South The full length of the Jeppesen property borders the entire west border of the Harding property. Judy and her husband, Gale, are in total opposition to a zone change to anything other than LDR1. All numbers she can obtain states there are 194 acres zoned HDR, 112-1/2 of those acres are developed and 81-1/2 acres are zoned but not developed. Property ready for development would allow 2445 units to be built. There is no count on MDR acres which she was disappointed were not available. 2 A November update on housing projects there will only be 1800 more students by the year 2005. With the most ambitious projection, property is already available to allow for double the housing the college needs. The need for rezoning does not exist, and rezoning this property does not show good judgment. She reviewed properties zoned but not developed which if developed would allow for 3000 units. The problem is not zoning, it is financing, which is tight. The citizens deserve to be treated better than this. The City came to them less than one year ago for annexation to come in as LDR1, the change to BYU-Idaho had already been announced, the City made the offer and the commitment, she requested the Council not bo back on their word. Those in opposition were requested to stand and be counted. Mayor Sutherland explained that at the time this neighborhood was annexed they were annexed with the zoning they requested, it was not the City’s decision on zoning not were they promised any particular zoning designation. Grace Wilson - 5774 So. 2000 West Grace Wilson is Mrs. Jeppesen’s daughter. Nelda Jeppesen is 83 years old and wants this sale for her retirement. The desire is for this property to be sold at a reasonable rate which would be for apartments which no other zone change will accommodate. The property is now farm ground, it is not feasible for houses, and no other zoning than HDR is acceptable. Kay Beck referred to previous minutes of Planning & Zoning and referred to several of his thoughts including the fact that he has not and does not vote for one side over another, that traffic safety in this neighborhood is only a perceived problem, the lack of sidewalks in this area is a real safety issue and it bothers him that these neighbors do not care enough to put sidewalks in front of their homes . He stated that nothing remains the same forever and even though there are changes in a neighborhood you need to get on with life. Discussion among the Council members concerning married housing vs single students, annexation agreements, the binding of the presented conceptual plan, the conditions recommended by Planning & Zoning, number of HDR zoned acres in the City, the need to balance between the people and the City, the volume of people opposed to this zone change. Paul feels to change this zone would be going against the desires of an entire neighborhood as well as the recommendation of Planning & Zoning and he feels this is not the right time to make this change. Marsha expressed her feelings that she had studied this subject and attended other hearings on this project. She expressed her feelings that there is high density housing to the north, it fits with the Comprehensive Plan and in reviewing the City she feels it does fit with the entire City plan. Nyle recognized there had been a lot of activity on property in the community, he reported on a seminar he had attended in Atlanta dealing with this same type of problem, the need to look at the City as a whole not just one neighborhood, he has attended the Planning & Zoning meetings and feels they have worked long and hard on this and he hesitates going against their recommendation. He feels there is time to take a slower look at this zoning change Glen made a motion that based on the recommendation from Planning & Zoning to zone this property MDR and the desires of the neighborhood to leave it zoned LDR1 and the conflict in between he moved to deny the request for HDR. Paul seconded the motion. Voting aye were Paul, Donna, Glen and Nyle. Voting nay was Marsha and Kay. Idaho Housing At this point the Mayor requested that John Millar report on a recent meeting with representatives from Idaho Housing, BYU-Idaho and the City, concerning an agreement to propose a study to know what the housing needs of the City are. The original cost of the study was proposed at $28,000, because of information already obtained by BYU-Idaho the fee was revised to be $22,940. Idaho Housing will contribute $10,000 towards this study, the college may also provide some financial help, the cost for the City would be something under $12,940. 3 Completion time for the study is estimated to be 3 months, so sometime in early February a report would be made to the Council after which a final draft would be available to the general public. Marsha made a motion to support this housing study with Idaho Housing at a maximum cost of $12,940. Motion was seconded by Donna. Paul spoke in favor of this motion because the City is in need of good information. Marsha pointed out that Idaho Housing will participate cutting down the cost to the City. All voted aye, none opposed. Paul requested a personal privilege to comment that it is the last regularly scheduled meeting with Kay Beck, who is retiring, and recommended he be commended for his many tireless years of service to the City. The Council and audience agreed. Mayor Sutherland took the opportunity to present a plaque to Mike Thueson for his past service on the Planning & Zoning Board. The Mayor also welcomed Commissioner Lee Staker from Bonneville County. Public Hearing for vacating plat of Valley View Estates John reviewed the request for vacating a portion of the Valley View Estates plat which is recorded in Madison County as Instrument No. 200656. Bart Stevens, developer of Valley View Estates, stated the request to vacate is to allow the land to be developed east to west rather than north to south. Marsha made a motion to support vacating a portion of the Valley View Estates as defined on the map. Motion was seconded by Nyle. No discussion. All voted aye, none opposed. Public Hearing for Platinum Development for Annexation and Zone Change to LDR1 John discussed and reviewed the map, drawings and details for this requested annexation and zone change. Discussion of property on the north and south of the river. The public hearing was opened. Jerry Hastings - 611 Summerwood Jerry is representing Platinum Development and is present to answer any questions from the Council. Public hearing was closed. Discussion concerning city services, the Police and Fire Department approvals. Glen made a motion to approve this property for annexation with a zone change to Low Density Residential 1 (LDR1), seconded by Kay. All voted aye, none opposed. Public Hearing for Thueson Family Trust Zone Change to HDR2 John reviewed this request to have a zone change from MDR to HDR2 on property owned by the Thueson Family Trust. This property is a 2 acre tract on the south side of Main, bordered by a trailer court, canal, Main Street and apartments. There are two houses on the property, it is an understanding these will be removed to develop into an HDR2 development. Discussion of water and wastewater capacity served from Main Street, it would be the right time for cuts in the road because it has been requested that this portion of Main Street be considered by the State for reconstruction. Public hearing opened. Mike Thueson - 581 Summerwod This property is in compliance with the Comprehensive Plan and neighboring properties, this fits the ongoing plans of the City. The apartments are not particularly for single students but mainly for married students and young couples. 4 Public hearing closed. Discussion concerning the size of the lot, the difference between HDR and HDR2, parking issues, th traffic flow and exits onto Main Street or 4 West, the potential need for a stop light, accesses to be in the center of the block. Nyle made a motion to approve the zone change to HDR2, seconded by Donna. No discussion. Voting aye were Paul, Donna, Glen, Kay and Nyle. Voting Nay was Marsha. Public Hearing for Randall Porter Zone Change to University John reviewed the location, maps and request for the zone change from LDR1 to a University zone. This zone change only includes the home on this property. There was no public input at the Planning & Zoning meetings and it was recommended for zone change from that Commission. The University overlay does not direct parking, it will be used as an alumni house with 2 offices, 2 full-time employees and 2 part-time employees. Richard Smith - representing BYU-Idaho This property will be an alumni house with 2 full-time and 2 part-time employees, parking will be in the rear on an existing concrete pad through an existing gate. The current zoning regulation would allow for apartments, that is not the intent from the college, it will be used only for an alumni house. This will not be a structure that entertains alumni, it will be only for business matters. nd Randall Porter - 107 So. 2 East Randall has had two possible sales, one from a developer for apartments for students, the other offer from the college for an alumni house. In considering both offers, the offer from the college would be less intrusive and maintain the integrity of the neighborhood. Public hearing closed. Discussion that the use of this house be restricted to the suggested use and not to be used for receptions, the zoning of the surrounding property. Richard stated the college would be sensitive to the neighbors but felt that restrictions would be premature as to the use and would request a zone change without conditions. Paul made a motion to change the zone on the property to University (U). Motion was seconded by Kay. All voted aye, none opposed. Public Hearing for Henderson Subdivision The Public Hearing was canceled as per the request of the property owner. Public Hearing for Conditional Use Permit for NTCH of Idaho John reviewed the map showing the location of the property proposed for a cell tower to be built by NTCH of Idaho. This has been reviewed and approved by Planning & Zoning with conditions shown in the Findings of Fact. Public hearing opened Lee Staker - Century 21/Advantage of Idaho Falls Lee represents Bear Cat Builders owned by Lance Steinman from California who represents the cell phone company. This tower is adjacent to a tower that was already there, it will be built according to FAA requirements, and after studies they feel it is a good location for this tower. This property is owned by Steve Cook. Richard Smith - 637 Millhollow Richard was the only person speaking in opposition to this tower at Planning and Zoning. He withdraws all his opposition and supports this request with the conditions recommended by 5 Planning & Zoning. He feels strongly that Planning & Zoning and the Council needs to address an ordinance dealing with towers. Lance Steinman - representing Clear Talk, a network company This tower is needed to complete their coverage in this area. He distributed and explained a map showing the coverage they now have and explained why this tower is needed at this location, and showed a plan for the type of structure. nd Randall Porter - 107 So. 2 East Randall expressed that the City needs to really take a look at where these towers are going and encouraged a designated location for all towers. Steve Cook - 2914 W. Hwy 33 Steve commented on the proposal last year from a cell tower company which proposal was passed but with conditions. This company backed out and put two small towers in different places in town. He expressed his desire that this request be granted without conditions. Public hearing was closed. Discussion concerning the conditions recommended by Planning & Zoning, the need for towers to be under a Conditional Use Permit, Paul made a motion to approve the Conditional Use Permit with the conditions recommended by Planning & Zoning as follows: The tower not exceed 198' The proposed tower not jeopardize or create a change in the instrument approach to the airport The tower be lit at a level acceptable to City Engineering Department The motion was seconded by Nyle. All voted aye, none opposed. Public Hearing for Hidden Valley Subdivision Annexation and Zone Change to LDR1 John described the area in the notice, some of which is already in the City limits, that anything inside the boundary not already within the City limits would be annexed. This development was done in four phases, it will all be annexed tonight to eliminate a lot of public hearings. Public hearing opened. No public comment, the public hearing was closed. Discussion of Comprehensive Plan and the arterial road in this area, city services and pumps, annexation of surrounding properties. Nyle made a motion to approve the annexation and zone change, Kay seconded. All voted aye, none opposed. Public Hearing for Industrial Annexation and Zone Change John oriented the Council on the area to be annexed which is an island in the middle of the City The public hearing was opened, with no public comment the hearing was closed. Kay made a motion to approve annexation and leaving the zone as Light Industrial (LI). Motion was seconded by Glen, all voted aye, none opposed. Beer and Wine License Approval The Mayor read the applications for beer licenses. Kay made a motion to approve the beer license for: Albertsons #171 6 Motion was seconded by Glen, all voted aye, none opposed. The Mayor read the applications for wine licenses. Kay made a motion to approve the wine licenses for: Horkleys, 1021 N. Salem Rd. nd Horkleys, 39 So. 2 West Motion was seconded by Glen, all voted aye, none opposed. Second Reading - Ordinance Modifying Zoning Ordinance Mayor Sutherland read the Ordinance which would modify the zoning ordinance. Paul moved that the proposed ordinance had the second reading. Motion was seconded by Glen, all voted aye, none opposed. Discussion on the possible need for a City planner with the growth the City is experiencing. Richard stated the possibility of sharing a planner with the County had been discussed in the past. Nyle suggested approaching a further dialogue with the County concerning sharing a City Planner. Paul agreed and stated this would be a natural extension of the GIS person being shared. Nyle made a motion to allow Richard and John to approach the County about sharing a City Planner, motion was seconded by Donna, all voted aye, none opposed. Youth Assignments to Committees The Mayor reported on his discussions with Jeanne Core of AmeriCorps Asset Builder on the assignments of youth to city committees. A mentor from each board will be assigned to the youth to orient and train. Those persons suggested for the committees are as follows: Planning & Zoning - Jacob Fullmer Tabernacle Management -Shawn Nef Airport Board - AJ Frisby Arts Council - Jeanie Robbins Golf Board -David Goodliffe Safety Board - Caleb Shiley Museum Board - Laura Peterson Glen made a motion to approve the above names for committee members, seconded by Kay, all voted aye, none opposed. Police Resource Officer Glen reminded the Council that Officer Bowler had left the City for employment with the County. The Mayor and Glen have met with the County and Chief of Police to discuss the needs. The school budget has been cut from $107,000 to $90,000, which would necessitate a need for an additional $12,000 to cover an officer next year. Discussion. Request for street closing for snowmobile race Kari Bowman, representing the Snow Fest Committee made the following requests to accommodate the Winter Snow Fest scheduled for Saturday, January 26, 2002. To use the empty lot behind Medical Center for snowmachine races nd The Committee hopes to close Main Street from 2 East to Smith Park to the west bound rdst lanes, close 3 East between Main Street and 1 North to make a sliding hill on the road. These streets would be closed for at least two days. The Street Department has agreed to form the sledding hill. To use the empty lot behind Medical Center for a bon fire to close the festival. It was suggested Kari get touch base and get approval from the Police Department and Fire Department. All events are sponsored by the Chamber except the snow machine race. Sponsors of the snowmobile races come with their own insurance 7 Kay moved to give permission for the above requested items, motion was seconded by Glen. All voted aye, none opposed. Report of National League of Cities in Atlanta Mayor Sutherland reported that the National League of Cities Conference in Atlanta was the best informational meeting he has ever attended. He distributed his written report of the conference. Paul reported he focused on downtown revitalization and reported on his seminars and will take his notes to next Vision Committee meeting. Next year’s conference will be in Salt Lake City, Utah, in December. Police Department Building Glen reported that theCity purchased the Utah Power & Light building for the Police Department and suggested the heat be converted from electric to gas. Discussion. Paul made a motion to instruct the Mayor and staff to begin the process of retrofitting the Police Station with gas heat. Motion was seconded by Nyle, all voted aye, none opposed. Personnel Manual Richard handed out and reviewed an addition to the Personnel Manual concerning Emergency Services. One Personnel Manual will serve both entities, the City and the Emergency Services, if the word City Council in the manual is substituted by Emergency Services Board. Discussion. Kay moved to accept this addition to the personnel manual, Glen seconded the motion, all voted aye, none opposed. Marsha made a motion to go into Executive Session to discuss a personnel issue, seconded by Nyle. All voted aye, none opposed. Executive Session at 10:35 p.m. Regular meeting convened at 10:55 p.m. Donna discussed snow removal and complaints she had received that the snow was not being removed when it was warm enough to be slush. Discussion of snow removal. Kay made a motion to pay bills, seconded by Glen, all voted aye, none opposed. __________________________________________ Bruce Sutherland, Mayor ______________________________________ Marilyn Wasden, City Clerk 8