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HomeMy WebLinkAbout2003.05.21 CITY COUNCIL MINUTES CITY COUNCIL MINUTES CITY OF REXBURG May 21, 2003 7:30 P.M. STATE OF IDAHO ) County of Madison ) SS. City of Rexburg ) Present were the following: Mayor: Mayor Bruce Sutherland Council Members:Glen Pond - Excused Shawn Larsen Marsha Bjornn Paul Pugmire Donna Benfield Nyle Fullmer - Excused P&Z Administrator:Kurt Hibbert City Clerk:Blair D. Kay PFC:John Millar City Attorney:Stephen Zollinger Pledge to the Flag Mayor Sutherland welcomed the Scouts to the meeting. 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 the May 07, 2003 meeting b.Approve City of Rexburg bills Donna Benfield moved to approve the minutes with minor changes; Marsha Bjornn seconded The motion carried. the motion; all voted aye, none opposed. Non Controversial Items Added to the Agenda: None 1 Public Hearing: th 7:35 p.m.Rezone properties from (MDR & HBD) to HDR– 4 East & Barney Dairy Rd –Tom O’ Toole John Millar – Reviewed the property on the overhead screen. The property is located south of the Teton River, north of the Rexburg Canal, west of the Barney Dairy property, and east of the existing development where the District 7 Health property is located. Currently the property is zoned Medium Density Residential (MDR) with a portion of the property zoned Highway Business District (HBD). This request is to rezone the property to High Density Residential (HRD). Mayor Sutherland opened the Public Hearing up for public comment. Those in favor of the proposal: Tom O’ Toole – 2270 Canyon View Drive, Layton Utah – Did not intend to develop the property to the maximum density allowed in HDR which is 30 units per net acre. The developer plans to build town homes along the river with higher density married housing between the town homes and Barney Dairy Road. Tom is planning to donate property to the City of Rexburg for the green way development along the river. The development will have a road through the property that will connect with the Barney Dairy Road on the east and Technical Way Street on the west. This road will allow traffic from the development to nd access 2 East. They do not plan have three story buildings along the Teton River. Shelia Barney – 546 Barney Dairy Road – Indicated that she is not against the development of this property; however, Shelia is very concerned with the added traffic that will result from this proposal. Ray W. Walker – 1143 Barney Dairy Road – Reviewed the concept of the project that has been in the development stage for about two years. Ray indicated that the project would cost about $20,000,000. It would enhance the tax base for Rexburg according to Ray’s testimony. Ray indicated that Tom has been working with the City on the green belt and the road that would service the development. Ray mentioned that a portion of the current section of Barney Dairy road was deeded to the City of Rexburg after the road was constructed by the County. The Walker family donated the property for the road construction after the Teton Dam disaster. Public Testimony was closed. Shawn Larsen – Indicated that the Planning and Zoning Commission recommended this project for approval for HDR Zoning after extensive discussion. 2 Marsha Bjornn – Indicated that there is no guarantee that the developer will build town homes on the property. Shawn concurred with Marsha’s comment indicating that the request is to re-zone the property to High Density Residential instead of a request to review the type of structures that will be constructed on the parcel. Tom O’ Toole – Indicated that the developers would make more money on the Townhouses than the multi-family units. They are planning underground parking in the project. There will be about 250 plus married housing units and about 100 Townhouse units. Mayor Sutherland – Indicated that once a Zone is approved there is no guarantee that the development will proceed as originally proposed. Paul Pugmire – Asked why the developer would need HDR Zoning or 30 units per acre? The developer is asking the Council to approve 30 units per acre. Paul mentioned that they are not asking the Council to approve a plat or a design. The zone change will stand until a subsequent change is requested by someone. Tom O’ Toole – Explained that they need the flexibility to develop buildings that are not allowed in an MDR2 Zone which is for 4 or 6 plexes. Tom indicated that he would need higher density to accommodate the underground parking costs. The developers believe that they can make the project economical with 20 to 24 units per net acre. Paul Pugmire – Reiterated the fact that once a zone is changed a new developer could come in with a different proposal for density. John Millar – Indicated that the density of the Zone will go with the property. High Density Residential (HDR) could accommodate about 300 units to over 600 units per net nd acre. John discussed the carrying capacity for traffic on 2 East. This will be a ndnd significant impact on the 2 East traffic. Due to the possible traffic increases on 2 East, John explained that the Planning and Zoning Commission was desirous to have a traffic study on the proposal. This study would identify the impact to the City of nd Rexburg concerning traffic flow and traffic volume increases on 2 East that would be created if this proposal is approved. John indicated that the Comprehensive Plan has multi-family as a land use in this area. Paul Pugmire – Reviewed the Impact Fee proposal that the City of Rexburg is currently investigating. Mayor Sutherland indicated that the Impact Fee study should be completed by the end of June for the City of Rexburg. Stephen Zollinger – Reviewed the Impact Fee proposal for the City of Rexburg. Impact fees can be targeted to offset costs for City Parks and a City Green Belt. 3 Paul Pugmire – Indicated a need to set aside the access to the Teton River frontage for future generations. Paul was concerned with the High Density request and the load that it would put on the land. This request is not right for the land. Paul continued to show concern for the protection of the Teton River and having access to the River set aside for future generations. John Millar – Reviewed the Zoning Designations on adjacent properties that surround this proposal on the overhead screen. Shawn Larsen – Commented on MDR2 Zoning and the purpose for the Zone. Shawn did not want to restrict this request to four-plexes. There might be discussion in Planning and Zoning to adjust the number of units per structure in Medium Density Residential 2 (MDR2) Zoning. Currently, MDR2 is restricted to four or six-plexes. Shawn mentioned that the MDR2 Zone could be changed to allow 24 unit structures. John Millar – Continued to review the surrounding properties. Shawn Larsen – Questioned the option of limiting the number of units in a Zone for a particular Project. Stephen Zollinger – Mentioned that a development agreement could be used to restrict the number of units in a zone. Donna Benfield – Asked the developer to review the traffic pattern for this development. John Millar – Reviewed the proposed road on the overhead screen. There is an agreement signed by the City to participate in some preparatory work on the road and the bridge nd over the canal. John discussed the traffic flow from this proposed development to 2 nd East. It would end up on 2 East by the Cal Ranch Store. The current road could be a dead end road near the ball fields north of the High School. Marsha Bjornn – Requested more information concerning the traffic flow for this project from John Millar. nd John Millar – Discussed the traffic flows and the rush hour traffic that impede 2 East. John reiterated his desire to have a traffic study for this development. Shawn Larsen – Questioned what direction the City of Rexburg would go if the traffic study nd showed a problem at Cal Ranch exit onto 2 East. If there are too many cars accessing nd 2 East at this intersection, how will the City of Rexburg proceed? 4 John Millar – Continued to discuss the traffic study option and the need for a traffic light depending on the results of a traffic study. If the traffic study calls for a light at the nd intersection of Cal Ranch and 2 East, the Council can decide how the traffic light will be funded. The developer may be required to pay for the installation of the traffic light. Discussion on requiring a traffic study before the requested zone change is approved. Paul Pugmire – Discussed the Development Agreement as a means to be able to stipulate the type of development that would be built. Shawn Larsen – Mentioned that the HDR Zone change request could be restricted to the density allowed in an MDR2 Zone (i.e. 24 units per net acre). Stephen Zollinger – Discussed approving a lower density zone for this development. He indicated that MDR2 could be modified to allow larger buildings than six plexes. Stephen recommended changing the MDR2 maximum building size requirement from a six plex up to a 24 plex building. Stephen indicated that the Planning and Zoning Commission intended to allow larger buildings in MDR2 than a six plex in their re-write of the Planning and Zoning Ordinance. Paul Pugmire – Referred to the Comprehensive Plan for allowing this area of the City of Rexburg to be multi-family. Paul indicated that it made sense to have multi-family on some of the parcels in that part of the City. Discussion on limiting the proposed density to an MDR2 Zone. Paul Pugmire – Asked the developer for more input on the discussion and if MDR2 Zoning Would pencil out for the development. Tom O’ Toole - Agreed to limit the size of the buildings to 24 units per net acre. He would not make the development work with six plexes as allowed in the current MDR2 Zone. Paul Pugmire – Indicated that a traffic study would be required for this development to move forward. He would not support an HDR Zone for this property. Discussion on the allowed structural size in MDR2 to change from a six unit building to a 24 unit building. Tom O’ Toole – Mentioned that the development will contain about 90 Town homes and 250 Apartment units with a mixture of one, two and three bedrooms units for married couples. 5 Discussion on the maximum number of units that may be built if the property was zoned MDR2. Paul estimated a possibility of 340 units with a possibility of 650 cars for the development. Stephen Zollinger – Indicated that the City Council could direct the Staff to rewrite the MDR2 Zoning description to allow larger buildings. Jerry Hastings – Commented on the Planning Commission’s concerns with density, size of the Buildings, and the architectural design requirements. Jerry mentioned that it does not make sense to put in a large number of smaller buildings when you can design a nice looking structure to accommodate the same density. Shawn Larsen – Agreed with the discussion that the Planning Commission wanted to increase the size of the buildings in the MDR2 Zone. Donna Benfield – Also, agreed with the discussion to have multi-family housing in this area if the Planning and Zoning Commission recommended it and the Comprehensive Plan indicates that this is an area for multi-family housing. Both Donna and Paul indicated that the traffic study needs to be done for this request. Paul Pugmire – Indicated that he has the greatest respect for the Planning and Zoning Commission and the work that they perform for the Council. The ultimate responsibility falls upon the Council to make the decision. He indicated that the Planning Commission is an Advisory Board to the City Council. Paul Pugmire moved to approve the request to re-zone the property in this request from the Barney Dairy Road on the south to the Teton River on the north and going from the Barney Dairy property on the east to the Technology Way property on the west as MDR2 Zoning; Contingent upon (1) The subsequent approval of the City Council of the structural size restrictions in MDR2 Zoning as rewritten by the Staff and (2) The completion of a traffic study; the results of which will be binding on the developer relative to the traffic impact of the development; Shawn Larsen seconded the motion; Discussion on suspending the rules to pass the MDR2 Zoning structure size at the next The motion carried. City Council meeting; all voted aye, none opposed. The City Council directed Stephen Zollinger to rewrite the MDR2 Ordinance to modify the structural size of the buildings that are allowed by right. Paul Pugmire – Commented that density is the issue in this request. Paul indicated that architectural review standards are needed for the City of Rexburg. Marsha Bjornn – Thanked the developer for donating property to the green belt for the City. 6 st 7:50 p.m.Rezone request from LDR1 to MDR2 at 405 West 1 North – Martha Covington st Rezone request from LDR1 to MDR2 at 407 West 1 North – Dell Ray Barney st Rezone request from LDR1 to MDR2 at 410 West 1 North - Barney Auto Repair - Dell Ray Barney John Millar – Reviewed the proposal to re-zone three properties on the overhead screen. Public Hearing was opened. st D. J. Barney – 440 West 1 North – The properties have never been used as LDR1. The current use is non-conforming to the LDR1 Zone. They asked for HDR Zoning from the Planning and Zoning Commission; however, they indicated to the Planning and Zoning Commission that they would accept MDR2 Zoning. They plan to sell the property and move the non-conforming use business to the correct zone on Airport Road. Pat and Graydon Burton – 416 West Main Street – Recommended approving the MDR2 Zone request. Their property is in the same block on the south side against Main Street. Shawn Larsen – Reviewed the zones of adjoining properties. Public Testimony was closed. Stephen Zollinger – Reviewed the proposed changes to MDR2 Zone that the Council approved in the previous hearing. The building size will be changed from a six unit building to a 24 unit building in the MDR2 Zone. Instead of 6 four plexes, a 24 unit building would be allowed. The proposed buildings could go to three stories with a 30 foot height restriction to eave line. Discussion on the density that was built on adjacent properties next to this request. Greg Luce’s development is HDR built to MDR2 density. Other developments adjacent to this property was reviewed. Discussion on the Burton’s property and the need to re-zone their property. Shawn indicated that MDR2 would be a good zone for the Burton’s property. The Burtons plan to sell as multi-family if it is rezoned. st Shawn Larsen moved to re-zone 405, 407, 410 and 414 West 1 North to MDR2; Paul Pugmire seconded the motion; Discussion on re-zoning the Burton’s property to MDR2 in the next The motion carried. re-zone hearing. All voted aye, none opposed. 7 New Business: th Street Lighting for Stonebridge Subdivision – East 7 North - Jerry Hastings Jerry Hastings – 611 Summerwood Drive - Reviewed the proposal for City of Rexburg street lights in the Stonebridge Subdivision. The proposed lighting is not approved lighting for Utah Power in the State of Idaho. They plan to install one meter for the entire lighting system and turn the lights over to the City of Rexburg for maintenance and the cost of the monthly consumption of power. There will be a street light at every intersection. John Millar – Reviewed the discussion items as discussed with Utah Power. John recommended using the lighting plan in the Utah Power rate schedule. A home owners association could have responsibility for the maintenance of the lights. The City could have to maintain an inventory of lighting supplies to maintain the system if the City maintains the lights. If Utah Power does not get the Idaho Public Utilities to approve this type of street lighting system for Idaho, the City or a homeowners association through an Local Improvement District (LID) could be required to maintain the system. Discussion on the type of maintenance that would be required to keep the system in good repair. Jerry Hastings – They plan to install the lights as soon as possible. Shawn Larsen – Recommended having a homeowners association take control of the lighting system. John Millar – Indicated that a system billed on a Utility Rate would be cheaper than having the City pay for maintenance. Discussion on the two options available to the City and the costs for each option. Shawn indicated that this type of lighting would be a good choice for the City. Jerry Hastings indicated that there would be three street lights in phase one of this subdivision. Shawn Larsen moved to allow placement of the decorative street lights in the Stonebridge Subdivision and accept the maintenance responsibilities that are not under taken by Utah Power; Donna Benfield seconded the motion; Discussion – none; Those voting for the proposalThose against the proposal Shawn LarsenMarsha Bjornn Paul Pugmire Donna Benfield The motion carried. 8 Old Business: - None Update on Projects: Teton River Project John Millar – Discussed the – The City has received a traffic study for the development. There are two entrances into the current Tri-County parcel. The north entrance will be used as a non controlled access. The south entrance will be controlled by a street light. The State Transportation Department will accept maintenance of the light after it is installed. Discussion on the proximity of this proposed street light to Technology Way near Cal Ranch. Synchronized street lights will help the traffic flow at Cal Ranch. A traffic study can cost $8,000 to $9,000 similar to the one presented at this meeting for the Teton River project that is planning to develop the Tri-County property. North Highway water project is near completion. The piping is in with completion expected by the end of next week. th 12 West project is nearing completion. The sewer is still being installed on Widdison Lane. There is a traffic signal planned the intersection at 12th West and Main Street improvements made by LID 33 Street. are moving forward with completion in about 2 weeks. A damaged fiber optics conduit has been repaired. The fiber optics line was not cut. Some conduits that were empty were replaced. Mini Track Excavator – Low bid was $25,565 from Idaho Falls; It will be paid out of the water and sewer budget. Marsha Bjornn moved to approve the purchase of the Mini Track Excavator; Donna The motion carried Benfield seconded the motion; all voted aye, none opposed. . John Millar – Reported that the South Rexburg Arterial preliminary design has gone to the State Transportation Department for review. The fixed budget from the State for the project is 1.3 million dollars. Two years ago the City had requested 2.6 million dollars for this particular budget item. The total projected cost of the project is over 4 million dollars. The project for University Boulevard will run from the south Rexburg exit going east and nd north to 2 West. John indicated that the City will continue to work with ITD to seek funding for this project. 9 Committee Reports: Donna Benfield – Reported that Craig Nordfelt is chair person on Traffic Safety Committee, Lynn Archibald is Vice Chair for Traffic Safety. Shawn Larsen – Indicated that the list did not include the Greenways Committee. nd Mayor Sutherland – Requested Council Members attend a meeting on June 2 for the District 6 Elected Officials. The meeting will be a forum to discuss items relative to the Cities with in the District. Representatives from the INEEL will be available to provide information on the Long Term Stewardship at the Site. Paul Pugmire – Requested information on the last two Recreation Committee meetings. Marsha indicated that the Committee was interested in having a Bike Path as part of the Bike Park discussion. The general feeling of the Committee was to emphasize a bike path instead of a bike park. Mayor Sutherland mentioned that Brad and Marsha were desirous to have walking paths around both City Parks for people to push strollers, etc. Paul mentioned the proposed BMX facility adjacent to the Skate Park at the Nature Park. This proposal was presented to the Recreation Committee as a possibility for bike enthusiasts. Paul indicated that this type of facility would get the greatest amount of use for the least amount of money. Shawn Larsen – Discussed an award for Cities in the National Cities Weekly publication. The Award is for Urban enrichment. Shawn will submit the application for the award from the National League of Cities in behalf of Rexburg. The award is for a good Community effort as well as a Public Policy effort. The Gold Winners will be awarded $2,000 to be donated to a non-profit organization and the Silver Winner will be awarded $1,000 to be donated to a non-profit organization. The application is due by June 13, 2003. Mayor Sutherland – Discussed a workshop on annexations that the Mayor and The Idaho Cities Attorney Jerry Mason will present at the up coming Idaho Cities Conference. The Mayor asked the Council for their suggestions on items for discussion. Rexburg will be used as an example of how to complete an annexation successfully. Marsha Bjornn – Discussed a letter that will be sent to the Museum Board inviting them to a meeting. Marsha’s letter will asked the Committee members if they are planning to continue to serve on the board. Marsha mentioned that John Weber is chair person for the Down Town Vision Committee. The Planning and Zoning Commission has requested the Historical Committee and the Parks and Recreation Committee to provide input to the Planning Commission on the up coming process to update the Comprehensive Plan. 10 Shawn Larsen – Recommended having the Council Member over each Committee added to the list. Shawn mentioned the up coming Planning and Zoning public input tables that will be set up at Broulims, Albertsons and Wal Mart and BYU- Idaho. Student volunteers and Planning Commission members will take public input during these public input sessions. Marsha Bjornn – Indicated that the Historical Committee is meeting every third Tuesday at 7:00 p.m. at City Hall. Shawn Larsen moved to approve the City of Rexburg bills; Donna Benfield seconded the The motion carried motion; all voted aye, none opposed. . Mayors Business : ’ Derek Clifford – Requested to have a summer festival in Smith Park for one week. The Greenleaf Players production will not cost the City any money. They are requesting the thth production be approved for July 7 through the July 12 at the gazebo in Smith Park. The “Comedy of Errors” will start at 12:30 p.m. at Smith Park. Derek would like to charge a $2.00 fee for admission to the event. He indicated that an area would be roped off around the gazebo for the performances. Paul Pugmire – Indicated that the gazebo is reserved on a first come first serve basis. Discussion on the practice of not charging people for going to the Park. The $2.00 fee was discussed as a method of paying for the costs of renting the gazebo. Derek asked the City for a reduced rate for the gazebo rental. Shawn asked Derek if he had asked for sponsorships. Continued discussion on charging for the event. Shawn Larsen – Indicated that the City should waive the gazebo fee and have the applicant find a sponsor. This would allow the public to see the event at no charge. Stephen Zollinger – Indicated that the fees can be waived if the event serves a broad public purpose. thth Shawn Larsen moved to waive the gazebo fees for the event from July 7 to July 12 at 12:30 p.m. to 2:30 p.m. with free admission for the performances; Donna Benfield seconded the The motion carried. motion, all voted aye, none opposed. Adjourned ____________________________________ Bruce Sutherland, Mayor _____________________________________ Blair D. Kay, City Clerk 11