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HomeMy WebLinkAbout2002.07.03 CITY COUNCIL MINUTES MINUTES OF THE CITY COUNCIL July 3, 2002 7:00 A.M. STATE OF IDAHO, ) County of Madison ) SS. City of Rexburg ) Present were the following: Mayor: Mayor Bruce Sutherland Council Members:Glen Pond Shawn Larsen Marsha Bjornn Donna Benfield Paul Pugmire Nyle Fullmer Excused: P&Z Administrator:Kurt Hibbert City Clerk:Blair D. Kay Finance Officer:Richard Horner PFC:John Millar City Attorney:Stephen Zollinger Pledge of allegiance. Approval of Minutes Nyle made a motion to approve the minutes of June 19, 2002. Paul seconded the motion. The motion carried. All voted aye, none opposed. New Business : : ? nd Proposed Zone Change at 4th West 2 North from 7:05 AMPublic Hearing - LI to HDRJack Zollinger - John Millar - Reviewed the site on the overhead screen. 1 Public Hearing was opened: No public testimony Mayor Sutherland closed the hearing to public testimony Discussion on the type of permits that could be allowed on the property. Thirty units per acre could be allowed on the site. HDR and MDR zoning are across the street. Marsha made a motion to approve the zoning change from LI to HDR, Nyle seconded the The motion carried motion, all voted aye, none opposed. . Update on Projects : th John Millar - Engineering contract for 7 South material - It is a Federally participated Engineering cost plus contract for $188,000. The Cities share of the Contract will be approximately 7%. This is the Engineering design on the Rexburg South Arterial. Nyle Fullmer made a motion to approve the Contract for the Engineering Design, Paul Pugmire The motion carried seconded the motion, all voted aye, none opposed. . John Millar - Chlorination Project - The last shipment of equipment for the waste water treatment plant was received last week. It takes about two weeks to put it into production. John Millar - New Snow Loader for Rexburg - This snow loader sells new for approximately $245,000. The City paid $26,500 plus $3,500 shipping for a 1989 model. It has been used to clean road side areas. st ProposedZone Change at 246 North 1 East 7:10 AMPublic Hearing - from LDR1 to HBD - Madison School District st ProposedZone Change at 290 North 1 East - from LI to HBD - Madison School District John Millar - Reviewed the two properties on the overhead screen. The plan is to expand office and bus facilities. Public hearing was opened 2 Var Snedaker - Represented the Madison School District - The School District is requesting a zoning change for office and parking space. Discussion on the reason for the zone change. They plan to use the house for office space. Paul Pugmire - Discussed with Var the reasons for the expansion. Additional space is needed for parking and office space. Otherwise, there are no significant changes planned for the site. Public hearing was closed Discussion by the Council concerning the re-zoning request. Highway Business District (HBD) does not have a depth limit for a lot. Mayor Sutherland read a letter from George and Margaret Wiser discussing their opposition to the zone change request. They were concerned with additional traffic on the street. Shawn Larsen made a motion to approve the zoning change for both properties at 246 and 290 North First East from LDR1 and L1 to HBD, Nyle Fullmer seconded the motion, all voted The motion carried. aye, none opposed. rd Proposed Zone Change at East of 350 East 3 North 7:15 AMPublic Hearing - from AG1 to MDR Ray Walker - John Millar - Reviewed the zone change request on the overhead screen. Discussion on other properties in the area that are zoned MDR. Public Hearing was opened Judy Hobbs - Representing the Walkers - Discussed the choices needed for buyers to allow land prices to stabilize. This request is for family housing. Mayor Sutherland closed the hearing to public testimony Nyle Fullmer made a motion to accept the recommendation of Planning and Zoning to approve the zone change from AG1 to MDR, Paul Pugmire seconded the motion, all voted aye, none The motion carried opposed. . Proposed Annexation & Zone Change at 7:20 AMPublic Hearing - 3 1038 & 1042 West 1000 South from RR to MDR - Jeppesen & Hulse Scouts from troop 141 were welcomed to the meeting. John Millar - Reviewed the request on the overhead screen. It is approximately a 10 acre piece. thth It is located on the SE corner of 7 South and 5 West. The area to the North is zoned MDR. John reviewed other zoning in the area. Public hearing was opened Judy Hobbs - Represented the owners and explained the reasons the owners were asking for MDR zoning. She mentioned the lack of sidewalks in the area. Sharron Jeppesen - 1424 W. 1100 N., Provo, Utah - She discussed the reasons for requesting MDR zoning. Pedestrian safety would be enhanced due to the development of the property. The neighborhood consists of apartments, trailers, and a School. Chris Hulse - 1038 S. 1000 W. - Expressed her desire to have the zoning changed to MDR to allow her to develop their property. thth Judy Harding - West 7 South - The Harding family is opposed to HDR on 7 South. She read a statement concerning re-zoning of the area. She thanked the Council for listening to their concerns. She requested that the Council limit additional zoning changes until the currently HDR properties have been developed. th Don Rydalch - 648 S. 5 W. - He and his wife are strongly opposed to the re-zoning of the area. He expressed the practice of a University to have married housing. The strength of the community comes from strong neighborhoods. They have 11 homes in this area for sale. He recommended slower development when it impacts the makeup of neighborhoods. He asked the Council to deny the request and keep the area LDR. Wes Lawrence - 1144 S. 1000 W. - He gave copies of his statement to the Council. He asked why there is a need to add additional zone changes at this time. He read a statement concerning out of State developers coming into the area to develop. He proposed a one year moratorium on annexations and re-zoning approvals. Neil Christensen - 1143 S 1000 W - Read a letter from Thomas and Lucy Blackham opposing the requested zone change. 13 properties were annexed under LDR1 zoning. They were 4 annexed under LDR1 and expected to remain LDR1. The letter mentioned the Cities commitment to annex this neighborhood as LDR1 zoning. Neil mentioned that an thrd eight Plex has been built in the back yard of a home on 5 South and 3 West. These home owners have lost their back yard. Darren Call - 1089 S. 1000 W.- Darren is concerned about School safety - A large parcel of th property on 7 South is under development. There will be 1500 to 2000 people in this new development. He is concerned about the impact higher density development will have th on the School on 7 South. He is opposed to re-zoning this area higher than LDR1. Myrna Klinger - 1776 S. 1000 W. - She is opposed to MDR zoning in this area. She described the neighborhood as a pristine area with people who love each other. Mayor Sutherland closed the hearing to public comment. th Mayor Sutherland - Discussion on 7 South being a good demarcation line. The College has thnd future growth planned South of (7 South and 2 West). The Mayor discussed annexation of the area and the letter that invited County residents to be annexed into the City. The City offered to forgive the cost of the front footage fees (water and sewer hookups) if the properties were annexed. Marsha Bjornn - Discussion on LDR1 allowing duplexes with Conditional Use Permits. MDR allows 16 units per gross acre and HDR allows 30 units per gross acre. The Jeppesen’s request is for a lower density than the previous request. Paul Pugmire - Discussed the property that the College has approval for appartments South East of the nursing home. The College is working on a site plan for this development. Discussion of the long term plans of the Harding’s property. They plan to stay as long as possible. Discussion on out of town developers coming into the area to build. MDR or LDR development for this area would produce the same results concerning pedestrian safety. The tail is wagging the dog, the City is approving individual lots without a long term, big picture approach to development. The City Council has encouraged neighborhoods to organize to provide a voice. Paul is convinced that it is in the best interest of the neighborhood to deny the request. Glen Pond - Requested a copy of the letter that was sent to the residents in this area concerning their properties being annexed into the City of Rexburg. 5 Mayor Sutherland - Read the letter sent to Mr. Thomas Blackham. The letter made reference to a couple of actions taken by City Council: 1) Resolution 2000 - 3, concerning the necessity of water and sewer services being available only within the City limits of Rexburg. 2) Resolution 2000 - 4, concerning waiving the front footage fees until November 1, 2000 ($10.00 per lineal foot for water and sewer). A 100 footage would cost $2,000. Mayor Sutherland - There was no mention of zoning in this letter. Marsha Bjornn - Reviewed the new zoning changes in the area. Glen Pond - Requested information on the development of the Harold Nielsen property. Shawn Larsen - Reviewed the minutes of the Planning and Zoning meeting June 12, 2002. The comments from the P&Z Commission on this zoning issue were read. Donna Benfield - Reviewed with Mr. Don Rydalch’s his comments on homes in this area being sold. Marsha Bjornn - Reviewed the number of units under construction in re-zoned areas. She discussed the prospect of placing a moratorium on re-zoning until existing zoning changes have been utilized. Stephen Zollinger - The Council has the jurisdiction to place a zoning moratorium, however conditions justifying a moratorium must be present. Those conditions would include: 1) Health and Welfare requirements 2) An Ordinance that has been drafted or is in process of being drafted to change the Cities zoning Ordinances. Glen Pond - Discussed the need for reviewing the Harding and Jeppesen properties as one issue. The area should be considered as a whole. Mayor Sutherland - Reviewed the College plans for construction in this area. Glen Pond - His desire would be to look at the whole area for zoning decisions. 6 Marsha Bjornn - Discussed the growth of the College and the need to provide affordable housing for families. This area is a logical area to go to MDR. The Jeppesens have come down on their density request. It is a half way point for both the neighbors and the Jeppesens to have this property zoned as MDR. Mayor asked for a motion. Donna Benfield - She agreed with Glen in that the whole area should be included in the decision. Mayor Sutherland - Discussed the number of times this property has been reviewed. John Millar - Discussed the previous hearings on this property. Shawn Larsen - He gave the members of the Planning and Zoning Commission credit for looking into the issues with previous Public Hearings. Shawn made a motion to follow the P&Z Commissions recommendation and annex the property into the City and re-zone the property from RR to MDR. Marsha seconded the motion. Discussion: Nyle Fullmer reviewed the change in the proposal from HDR to MDR. John Millar th reviewed the Greg Moffat property on 5 West being development as MDR. Voting AyeVoting Nay Nyle FullmerGlen Pond Marsha BjornnPaul Pugmire Donna Benfield Shawn Larsen The motion carried . rd 8:00 AMPublic Hearing - Proposed Ordinance for LID 32 (3 reading) Richard Horner - Passed out the Ordinance for LID 32 and discussed the changes. Keith Davidson - Assistant City Engineer - Reviewed the changes on the overhead screen. There were adjustments to the original LID proposal. Each street was reviewed on the overhead. Letters were sent to the residents a week ago explaining the changes. Marsha Bjornn - Reviewed the changes with Keith Davidson on the overhead screen. Paul Pugmire - Reviewed the last reading with Keith Davidson. City Council will have to decide Justin Garners LID assessment. 7 Keith reviewed discussions he had with residents concerning sidewalk installations. They discussed who would pay for the work. Marsha - Discussed the Cities participation in the LID with the residents. Keith reviewed the amortization period of 10 years with interest of 5 to 6 percent. Shawn Larsen - Discussed LID liens on properties with the City. Stephen Zollinger - Reviewed the reason for this Ordinance 870. Residents with sidewalk location issues will have those issues reviewed by Staff and Council later. Paul Pugmire - Acknowledgment of the good and thorough job done by City Staff working through dozens of issues associated with LID 32. Paul Pugmire made a motion to adopt Ordinance 870 as drafted containing LID 32. with the changes made by Staff. Marsha Bjornn agreed with Paul Pugmire in appreciation for all the detail work City Staff has done working with the citizens. Marsha Bjornn seconded The motion carried. the motion, all voted aye, none opposed. st Justin Garner - 451 East 1 North - Reviewed his concerns with the placement of his sidewalk on st 1 North. He is concerned with safety issue of motorist not seeing pedestrian traffic on the side walk if it is set back 7 feet from the curb. Marsha Bjornn - Reviewed the right of way for the City and sidewalks. Nyle Fullmer - Discussed with Justin the setback of the sidewalk. Glen Pond - Reviewed the adjoining sidewalks and matching up Justin Garner’s sidewalk with the sidewalks across the street. Glen preferred allowing curb placement of the sidewalk at this location. The Phillip’s home across the street is located against the curb. John Millar - Reviewed the sidewalk location on the next block. Paul Pugmire - Reviewed snow on sidewalks causing pedestrians to walk in the street. Discussion on sidewalk locations and use by pedestrians in the City. Glen commented that pedestrians use of both sidewalks and streets as walking paths irregardless of the location of the sidewalks. Marsha Bjornn - Discussed snow removal on the sidewalks even if the sidewalk is located at the curb. Discussion on a motion to approve a variance to allow Justin Garner’s sidewalk at curbside. 8 Stephen Zollinger - Reasoned that the resolution requiring the 7 foot setback for sidewalks would have to be canceled to allow a variance. The resolution was passed for safety purposes and accommodate snow removal. Mayor Sutherland - Recommended that the Council abide by the sidewalk Resolution requiring a 7 foot setback. Stephen Zollinger - Reviewed the set back requirements at intersections to allow for a forty foot site triangle. The trees at this location are illegal. Paul Pugmire - Recommended that the Traffic Safety Committee review this location. Nyle Fullmer - Recommended that Traffic Safety and Staff review the location for compliance. Richard Horner - Discussed the nature of obstructions and changing the rules governing the Ordinance. Is this a temporary problem or a permanent problem. Mayor Sutherland - Suggested that Justin Garner work with Traffic Safety and City Staff to resolve his issues. Old Business: C&L Body Shop, Christensen Body Shop, & Rays Body Shop - Mayor Sutherland - Reviewed a letter sent out from the City dated October 19, 1995. This letter referred to the Universal Fire Code requiring fire suppression systems in all paint booths. The City allowed the paint booth operators 6 months to comply. Nyle Fullmer made a motion to bring the paint booth fire protection issue back onto the Table, The motion carried. Donna Seconded the motion, all voted aye, none opposed. Mayor Sutherland - Invited the paint shop owners to discuss the issue. Mr. Leon Christensen discussed his insurance coverage with and without the protection. The premium would be less with the protection, however it would not be required from his insurance company. Letters were given to the Mayor and City Council from the paint booth owners. Marsha Bjornn - Discussed an on site review of the Christensen spray booth and she was impressed with the current safety measures and practices that are currently in place. Chris Huskinson - Sent the Council a document in the mail which reviewed the Fire Code. 9 Stephen Zollinger - Discussed the Resolution passed in 1995 requiring compliance of the Fire Code for paint shops. Some paint shops have complied with the Resolution and others have not complied with the Resolution. Donna Benfield - Discussed the Resolution requiring compliance to the Fire Code and the Cities liability if the Resolution is not enforced. Paul Pugmire - Reviewed the report documenting fires in the Nation over the last 16 years. There have been an average of 8 fires per year or 124 fires. The safety record of local paint shops was discussed and the risks involved in not having the safety equipment installed. Technology has improved for fire protection in paint booths since 1995. Donna Benfield - Discussed the improvements that have been made with paint shop safety. Safety issues can not be grand fathered. Stephen Zollinger - There would have to be a significant finding of facts supported by technical information to rule against the Cities position. Donna Benfield - Recommended compliance of the Resolution. Discussion on Madison County being in compliance with Fire Code in general. Paul Pugmire - Raised a point of order concerning the Cities policy currently on the books. The Council can instruct the Staff to enforce the Resolution or instruct Chief Larsen to put this discussion on the next Fire Commissioners agenda. Stephen Zollinger - Reviewed the Resolution requiring enforcement of the Fire Code. Discussion on extending the time period for compliance of the1995 Resolution up to 180 days. Paul Pugmire made a motion to re-institute enforcement of the existing City policy requiring fire suppression systems in paint spray booths and allow those currently in non-compliance 6 months to come into compliance. Paul’s motion is made recognizing that the City has failed to enforce this policy for the past 7 years. Glen seconded the motion, The motion carried. all voted aye, none opposed. Discussion on bringing this issue before the Fire Commissioners at the next Emergency Services Board meeting. There was discussion on enforcing all of the fire code verses only part of the Fire Code. Richard Horner - The Fire Code enforcement should involve the Planning and Zoning Commission. Discussion on enforcement of the Fire Code inside and outside of the City Limits. 10 •Impact Fee Study - Richard Horner Richard Horner - Discussed the number of building permits given in 2001. He reviewed the possible revenues that would have been generated by an Impact Fee. Approximately $330,000 could have been generated by Impact Fees for the City in 2001. Discussion on the need for an Impact Fee Study before Impact Fees can be assessed. BYU-Idaho would be required to pay impact fees. There was discussion on other Cities that require Impact Fees. The Study would cost $28,000 if done in total. Marsha Bjornn made a motion to do the entire study, Donna Benfield seconded the motion. Discussion on other Cities doing the study. Mayor Sutherland called for a vote. Voting AyeVoting Nay Shawn LarsenGlen Pond Marsha Bjornn Donna Benfield Paul Pugmire Nyle Fullmer The motion carried . Nyle Fullmer made a motion to approve the bills, Glen Pond seconded the motion, all voted aye, The motion carried none opposed. . Marsha Bjornn - Olsen Lavoy billing for $20,000 needs approval. Marsha asked for some detail on the progress of the Recreation Center Study. Idaho Falls has indicated the need for a 6 month lead time to educate the public on their Recreation Center proposal. Marsha would like to have some information on the progress of the study. John Millar - There is a meeting on July 11, 2002 at 9:00 a.m. to discuss the Recreation Center Study. Donna Benfield - The Governor will be here tomorrow at 11:30 to 12:00 at Smith Park. She invited everyone to come and meet Governor Kempthorn. Adjoined 10:03 ___________________________________ Bruce Sutherland, Mayor _____________________________________ Blair D. Kay, City Clerk 11 12