Loading...
HomeMy WebLinkAbout2005.12.14 CITY COUNCIL MINUTES ORM F EQUEST R RAVEL T CCM ITY OUNCIL INUTES 6:00 P.M. City Council Work Meeting 7:30 P.M. City Council/Planning and Zoning joint meeting. December 14 , 2005 Mayor & Council Members: City Staff : Shawn Larsen — Mayor Val Christensen – Building Official Vacancy Donna Benfield Kurt Hibbert — Planning & Zoning Dir Farrell Young Nyle Fullmer Richard Horner — Finance Officer Rex Erickson Irma Anderson Blair Kay — City Clerk John Millar — Public Works Dir Stephen Zollinger — City Attorney Pledge to the Flag 6:00 P.M. – City Council Work Meeting – Rexburg Redevelopment Agency – Discussion & approval of the Rexburg Revolving Loan Fund (RLF) – Dave Ogden Mayor Larsen welcomed Glen Pond from the Redevelopment Agency. Glen Pond reviewed the Redevelopment Plan and introduced Ryan Armbruster and Harlan Mann to the City Council. The work session was scheduled to review the Redevelopment Plan document. Attorney Ryan Armbruster explained that attachments 5A & 5B were omitted from the mailing to the City Council. He provided those documents at the meeting. This meeting will be a time to offer changes to the plan. There are change sheets provided. The Public Hearing will be on December 21, 2005. Financial Officer Richard Horner and Public Works Director John Millar helped put the information together for the plan. The amended plan accomplishes three objectives: 1. Adds an additional area to the existing North highway plan area called the “South Addition.” 2. Updates the plan since the original Redevelopment Plan in 1991 (which was amended in 1998); This proposed amendment to the Plan will allow for upgrades to the infrastructure in the new area. 3. Moderates the Plan to comply with recent changes to standards. This Plan is similar to and closely mirrors the Main Street Redevelopment Plan in 1993. Decide against a legislative form and delete much of the old language. Attorney Armbruster indicated that the Plan creates public space, a gateway entry, allow for community buildings, and the construction and improvement of major street corridors. This Plan attempts to address some of the issues that have come to Rexburg since the announcement of BYU-I in the year 2000. The current Plan bond is scheduled to be paid off in 2008. He reviewed the bond financing current numbers. The Amended Plan covers some of the open lands in Rexburg. Boundaries around the Plan include the associated right of ways that are adjacent to the Plan area, so there will be no mid-street boundaries. He reviewed the new area in the Amended Plan. This Plan has been reviewed by the School District, the City and the County. The agency will not invoke eminent domain unless specifically requested by the City Council. He has never filed an eminent domain action in the 25 years of his working with this process. There are many other tools available to acquire property. The City is required to describe which properties they believe they may acquire. He mentioned the property west of K-Mart. The properties would be developed in accordance with the City’s zoning laws. Planning and Zoning has indicated that the Plan is in conformity with the Comprehensive Plan already in place for Rexburg. The Planning Area will be added to two existing Plan areas. This Plan will continue to the year 2021. Property tax assumptions included in the Plan may change with future legislative changes in Idaho. He also reviewed the levy bond issues, if they were to apply in the future. 1 Council Member Benfield reviewed the pay off date for the original Plan in 2008. The Plan will pay off before the thirty year payoff date. The last bond was for only fifteen years, so it will pay out early. She asked if the Redevelopment Area could change after the Plan was approved. The Plan Area can be added upon; however, land deletions may have debt tied to the land which would limit the opportunity to remove it from the Plan. Harlan Mann reviewed the financial information tied to the Plan. He is the author of the map with some calculations on it. He thanked Craig Rindlisbacher and other Staff for the GIS information. This has been done much like an appraiser of properties. Commissioner Robison asked Harlan if his numbers were conservative. Harlan Mann indicated that the numbers were quite conservative. He reviewed some of the buildings that are included in the Plan. He also indicated that the levy rates may fluctuate (down) in the Plan estimates due to growth. The Plan includes some land by the High School that was a dumping area. nd Financial Officer Horner reviewed some financial information in the Redevelopment Plan. The 2 East bridge and some traffic lanes were widened in the original Plan. He discussed the revenue flows from the Plan to the City and the County. He mentioned future plans to build on the new Redevelopment Area. This Amendment to the Plan will allow funding of walking paths, a Canal Bridge on the Walker property, infrastructure, and other expenditures for the new area included in the Amended Redevelopment Plan. Financial Officer Horner indicated that the Plan calls for a $125,000 bond reserve until the bond is paid off. There has been $450,000 in Federal funding promised to date for the development of the LP property. A new bond of $850,000 to develop the new area in the Plan could be paid off in 2021. Another option is to spend the money as it comes into the Redevelopment Area. He indicated that interest is less expensive than inflation at the current rate. Council Member Fullmer asked about the origination of the Plan to develop the property behind K- Mart. Attorney Ryan Armbruster reviewed some possible financing options that may expedite the reconstruction of the new area. Clients have been successful with borrowing money from local banks. There may be some way to fund the Plan without a bond. Mayor Larsen stated that is what happened with Trails of Madison County; funding was put up by the Redevelopment Agency, and then fund raising was carried out to pay it off. Glen Pond indicated that the Agency would be flexible in the future as the City changes in the Redevelopment Area. Council Member Erickson explored the option of using the revenue from the K-Mart bond that would be paid off in 2008 for this new area. Revenue may only be applied within the expanded district. Glen Pond reviewed the taxing increment that is assigned to the new area as growth comes to the new area. The School District funding is less affected than other taxing entities in the County. The new taxes from development in the new area are dedicated to the development of the new area until the end of the Redevelopment Area time period. Council Member Benfield spoke about the Plan in review. Mayor Larsen thanked the Redevelopment Agency for their work on the Amendment to the Plan. Council Member Erickson was thankful for the information to help the City Council understand the Redevelopment Plan to help the City Council understand the intent of the project. Glen Pond summarized the effort of the Redevelopment Agency. 2 The Redevelopment Board Adjourned. 7:00 P.M. - Pledge to the Flag Roll Call of Council Members: All City Council Members were present. 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. th A. Minutes from November 16, 2005 meeting B. Approve the City of Rexburg Bills Council Member FullmerMember Anderson moved to approve the Consent Calendar; Council . The motion carried. seconded the motion; all voted aye, none opposed Public Comment: on issues not scheduled on the agenda (limit 3 minutes) Dave Ogden asked the City Council to approve the Rexburg Revolving Loan Fund. He made mention of nine existing outstanding loans to businesses for $1.2 million dollars. They are current with their payments. Council Member Young asked if any loans had been written off. They are all in good standing. Council Member Benfield asked Dave to review the report for the City Council. Dave reviewed each column in the spreadsheet. The last column shows the due date of the loan. Mayor Larsen asked if any loans were issued this year. Dave indicated that there were some loans approved this year for Rexburg businesses; however, some of the loans were outside of the Rexburg fund. The grant can leverage other funds for new businesses in the area. The last couple of years the economy in the Community has been strong which increased the loan fund activity. Dave Ogden reviewed the cost to maintain the loans. It costs about $230,000 to administer the funds. The Rexburg Revolving Loan fund is 3.5% of all of the loans they service at the Agency. The administration costs for the Revolving Loan Fund are running at 2.5% of the cost for the administering of the total loans. They are asking for $9,000 to administer the loans for Rexburg this year. Last year the fee was $6,000 to administer the loans. st Mayor Larsen indicated that hewill add this proposed contract to the agenda on the 21 of December for the City Council to review. Presentations: MYAB Report on the Turkey Trot event. Jacob Thatcher reported on a Turkey Tort on November 25, 2005. It was a fun run for one mile with 74 participants. The winner of the Turkey Trot (fun run) was Dallan Weeks. There were gifts from Broulim’s for the event. It was held at 5:30 p.m. The Westwood Theater was used for the playing of Christmas cartoons after the fun run. Santa Clause came to the Westwood Theatre too. They charged $1.00 per person and the money went to the “shop with a cop” event at K-Mart. Council Member Erickson noted that the Mayor finished in front of a baby cart entry. Mayor Larsen thanked Jacob and the MYAB for their efforts to raise money for the “shop with a cop” event. Mayor Larsen asked the City Council to go into Executive Session to discuss possible pending litigation. 3 Council Member Young moved to go to executive session; Council Member Erickson seconded the motion; Those voting aye: Those voting nay: Donna Benfield None Farrell Young Nyle Fullmer Rex Erickson Irma Anderson The motion carried. The City Council retired to another room for a brief Executive Session meeting. Executive Session ended. Mayor Larsen turned the meeting over to the Planning and Zoning Commission. He indicated that he Mayor Dalling and , of Sugar City, have requested that both Cities put a moratorium on this annexation rd action until Friday the 23 of December. This will allow the City Councils to meet next week to discuss . the issues between the two Cities He believes that the two cities must cooperate to ensure good future relations. There was a comment made from the audience that the meeting was advertised as Joint City Council & Planning and Zoning Public Hearings: Mayor Larsen thanked the individual for the comment. He turned the meeting over to Commissioner Thaine Robinson to conduct the Planning and Zoning Public Hearing on Annexation of Properties south of the Rexburg North Interchange to Hwy 20. Planning and Zoning Commission Chair Winston Dyer was not present at the meeting. Commissioner Thaine Robinson took control of the Planning and Zoning meeting for the Public Hearing on the Annexation of Properties south of the Rexburg North Interchange to Hwy 20. Roll call was called for by Commissioner Thaine Robinson. 9 members were present. Mary Ann Mounts, Thaine Robinson, Charles N. Andersen, Joseph Laird, Mary Haley, Randall Porter, Winston Dyer was excused. David Stein, Michael Ricks, and Ted Hill. Planning and Zoning Public Hearings: 7:35 P.M. – Annexation of Properties south of the Rexburg North Interchange to Hwy 20. Commissioner Stein reviewed the “recommendation role” of the Planning Commission to the City Annexation of Properties south of the Council. He suggested tabling the Public Hearing on the Rexburg North Interchange to Hwy 20 . Commissioner Mary Ann Mounts moved to table this item as Mayor Larsen suggested until sometime rd after the 23 of Decemberso the City Councils from each City can meet together. Commissioner Mary Haley seconded the motion; Discussion: City Attorney Zollinger discussed the process and suggested that the Planning Commission set a specific date for the continuation of this Public Hearing. Commissioner Mary Ann Mounts amended her original motion to hold a continuance of the meeting th on Thursday, the 29 of December. Commissioner Mary Haley seconded the amendment to the original The motion carried. motion. All voted aye, none opposed. Commissioner Thaine Robinson indicated the further written testimony will be allowed for the next meeting. 8:00 P.M. – Annexation of Properties in the southern area of Rexburg going east of the South Interchange to Hwy 20. 4 Commissioner Thaine Robinson reminded the Planning Commission of the Legislative purpose of this Public Hearing for an annexation of properties into the City of Rexburg under the Idaho Statutes. He pointed out four points to consider in this action. 1. Development of the City. 2. Effective Economic Infrastructure. 3. Provision for Private landowners to develop their properties. 4. equitable allocation of plot with City infrastructure. The process will be as follows. The petitioners will present the proposal, then testimony will be received for those in favor, neutral, and against the proposal. The public testimony with be closed at that point and the presenter will be given an opportunity for rebuttal. At that point, the Planning Commission will go into deliberations on the proposed request. Planning and Zoning Administrator Kurt Hibbert gave a presentation on the overhead screen explaining the concept of orderly growth for Cites in the State of Idaho as outlined in the State Statute. P&Z Administrator Hibbert reviewed the State Code 67-8202 on Legislative authority as follows: The Legislature finds that an equitable program for planning and financing public facilities needed to serve new growth anddevelopment is necessary in order to promote and accommodate orderly growth and development and to protect the public health, safety and general welfare of the citizens of the state of Idaho. It is the intent by enactment of this chapter to: (1) Ensure that adequate public facilities are available to serve new growth and development; (2) Promote orderly growth and development by establishing uniform standards by which local governments may require that those who benefit from new growth and development pay a proportionate share of the cost of new public facilities needed to serve new growth and development; (3) Establish minimum standards for the adoption of development impact fee ordinances by governmental entities; (4) Ensure that those who benefit from new growth and development are required to pay no more than their proportionate share of the cost of public facilities needed to serve new growth and development and to prevent duplicate and ad hoc development requirements; and (5) Empower governmental entities which are authorized to adopt ordinances to impose development impact fees. P&Z Administrator Hibbert explained that the County and the Cities (Rexburg & Sugar City) have worked together to develop planning (Impact) areas for future growth. These planning areas were negotiated in 1991 and solidified in 1995 with City/County agreements between the public entities. The City of Rexburg has twice negotiated to expand its impact area to accommodate several high growth areas in the City. The City of Rexburg has Comprehensively planned the impact areas and both annexations proposals on the agenda tonight are within the area of impact for the City of Rexburg. The City of Rexburg has extended public facilities into or towards those urban growth areas proposed for annexation on the agenda tonight. Water and Sewer is available within 1,000 feet of the proposed north annexation area. It is immediately adjacent to the west side of the property on the south annexation proposal. Rexburg has participated in a County wide Transportation Plan that includes these areas as part of Rexburg’s twenty year build out analysis. Rexburg and Madison County have officially adopted the Madison County Transportation Plan. P&Z Administrator Hibbert reviewed an impact area map on the overhead screen for the public. It showed the impact areas for Rexburg and Sugar City that was approved by Madison County. The City limits have changed (grown) since the adoption of the impact areas in 1995. P&Z Administrator Hibbert indicated that tract three on the south annexation proposal was not a petitioned annexation. Tracts one, two, four and five were petitioned for annexation. Commissioner Randall Porter asked about tract four going south. It was not included tonight. 5 Commissioner Mary Haley mentioned that tract two is an addition to Rexburg Motor Sports development. Commissioner Thaine Robinson gave rules for a public hearing.He then opened the Public Hearing for the petitioners. P&Z Administrator Hibbert reviewed Tract 1: It was a petitioned annexation as a coat tail annexation Blair Heinz. by He asked that they be included in the Annexation. There are two homes excluded from this hearing on the Heinz property. P&Z Administrator Hibbert reviewed Tract 2: It was a petitioned annexation by Jared Burt for Rexburg Motor Sports, who wants annexation of a small addition to their current property. P&Z Administrator Hibbert reviewed Tract 3: It is a forty acre block of several parcels owned by the Steiner Family. It is contiguous to Tract 4. It is east of the Ray Loveland property. If Tract three was not included in the annexation proposal, it would create an island. th Atsu Fuimoto at 1094 S. 5 W. reviewed Tract 4: Atsu & his brother and sister-in-law own this property that is currently zoned agriculture. He reviewed some slides on the overhead screen for his property boundaries. One map showed the proposed new extension of University Boulevard through the th Fujimoto property. The property is bordered by South Yellowstone Hwy on the west and 5 West on the east. He asked for the land to be rezoned as a Rural Residential 1 (Tract 3), Regional Business Center (Tract 4), and General Business District (Tract 4). It will help with the Construction of University Boulevard, and the growth of the City will make it hard for them to farm their land. He asked for the approval of the annexation proposal. Kurt Hibbert explained the staff recommendation. He explained the reasons for the proposed zones. It will be conducive to the development of the new Boulevard. The Planning Commission agrees with the Regional Business Center and the General Business District Zoning plan. nd Richard Smith reviewed Tract 5: It is part of the 2 addition to the development of Harvest Heights. It is a forty acre tract of land that will be a small part of the Harvest Heights Subdivision #2 that needs this annexation to complete the plat. The proposed zone is Rural Residential 2 to match Harvest Heights Subdivision #1. Joseph Laird asked to hear from people in Tract 3. Also, he mentioned that the common line of Tract 3 and Tract 4 should be reviewed for street location considerations. The road locations will be reviewed at a later time when developments are proposed for the different parcels of property. Commissioner Thaine Robinson opened the Public Hearing of public input. Those in favor of the Annexation of these five tracts: Mr. Atsu Fugimoto indicated that he and his family are in favor of the annexation of their property. Those neutral to the annexations: Bill Moss at 410 Partridge Lane in Rexburg commented on Tract 3. It was not a petitioned request for annexation. The desire of the proposal was to not create an island, and yet several islands are created. He reviewed several examples of islands created in the City. He would like to know how these other islands are justified within the City. Gordon Steiner at 3987 East 460 North in Rigby, Idaho, owns property in Tract 3. They are not part of the annexation and do not desire to be annexed until some questions are answered. They are neutral at this point. He asked: 1)Why is the Boulevard road bellied so far to the South? Why not use straight lines which are 6 adjacent to the property line? This would make addresses easier. He wanted the road to run straight between Steiner’s and Loveland’s. He wanted to know how many accesses would be off of the north side of the Boulevard. They recommended two or three accesses off the Boulevard to the north. 2)Why does the road taper abruptly and curve by his sister’s lot instead of going straight up the hill? 3)If they are annexed, they would like to go along fifth west, and talk about sewer hookups and water hookups. They have their own systems at this time. What will they see in benefits from the City? 4)What is in it for the Steiner family? If these questions are answered, the Steiner family will recommend whether or not they would like to be annexed. Gary Steiner at 36 Mountain Drive, in Hibbard, reviewed the original layout of the Boulevard. He produced an old drawing that shows the road going parallel right by his property. He would like to know why the boundaries were changed, and the road is no longer straight. He was concerned with the th Mr. Fujimoto intersection of the road on 5 West due to the hill at that location. indicated that the road location was approved as shown by the City/State through negotiations. Public Works Director John Millar indicated that the road was moved away from the property line to cross the tracts at the South Yellowstone Hwy. Early discussions with Fujimotos moved the road to the south into their property going east. It was advantageous to the Fujimotos to move the road to the south. Richard Smith answered the question of aligning the road to the north of a straight line from the west when it goes east and enters the University property. It is University property; however, the Boulevard design was established before the University purchased the property. Gordon Steiner asked about an access off of the University Blvd to his property to the north of the Boulevard at no expense to the Steiner property. Commissioner Thaine Robinson reminded the public that the Public Hearing was for an annexation proposal. The comments on the location of access points to University Boulevard would be taken under advisement. Gordon Steiner indicated “good.” Ray Loveland had a question about the streets for the properties. He indicated that there should be a P&Z Administrator Kurt Hibbert street through the properties to access University Boulevard. encouraged the owners to come into the City and work with the Staff to decide road alignments. Those in opposition to the Annexations: - NONE Commissioner Thaine Robinson closed the public input. Commissioner Hill asked to review one Tract at a time. The proposed zoning for each Tract was reviewed: Tract 1: Rural Residential 1(RR1) Tract 2: Community Business Center (CBC) Tract 3: Community Business Center, Rural Residential 1 Tract 4: General Business Center, Regional Business Center, Rural Residential 1 (GBC, RBC, RR1) Tract 5: Rural Residential 2 (RR2) Tract 1: 7 Commissioner Mary Haley reviewed the 2 homes on the property. The rest of the property is farm P&Z Administrator Kurt ground. She asked why the homes are not part of the annexation proposal. Hibbert indicated that they are different owners than those who requested the annexation. She would like those properties annexed too. She doesn’t think it is good planning to leave that property out of the annexation. P&Z Administrator Kurt Hibbert i ndicated that they will be annexed in the future. He also explained that Tract 1 will be Zoned Residential Rural 1. Tract 3 will be zoned as a Community Business Center, and Rural Residential 1. Tract 2 No opposition. Tract 3 Commissioner David Stein would like a Master Street Plan to be included for the properties owners in Tract Three. The annex is supposed to promote orderly growth, which would include road master planning. Commissioner Mary Haley reviewed the ownership of the separate parcels of ground in Tract 3. These parcels are owned by four Steiner family members that still live on the property. City Attorney Zollinger indicated that the Commission can prevent land locking. They can require access as part of the development of the properties in future development hearings. The development hearings would be appropriate for access planning. It is not appropriate to do development planning in annexation hearings. The Steiner family concerns are genuine and legitimate; however, they should be addressed at the appropriate time when development starts to occur. The question was asked if the Steiner’s could oppose the annexation of their property at a future meeting if they remain neutral tonight. City Attorney Zollinger indicated that the Planning Commission can require access to the Steiner properties in a future development hearing to make certain that the Steiner parcels do not become landlocked. The public hearing process is to gather public input on the annexation proposal. He indicated that from an annexation concept, the property is either annexed or it is not annexed. The roads can not be determined in the annexation hearing. Commissioners & Attorney Zollinger discussed state statute 50-222 (A) Category A. If there are less than 100 parcels and more than 50% of this land mass being annexed, then it is reasonable for the City to annex these properties. There are conditions to seek de-annexation which can be exercised by the landowner if they can prove they are not part of the City. Commissioner Mary Ann Mounts asked if the land was still being used for agriculture. They indicated that ninety percent of the Steiner property is agricultural. The Steiner property was reviewed th to see where the homes were located on 5 West. Tract Four This property will be zoned as a Regional Business Center. Commissioner Joseph Laird reviewed the road anticipated on Tract 4. He believes that the road layout deserves some discussion before final decisions are made. City Attorney Zollinger mentioned with the exception of the road alignment that was already presented, any other roads, driveways, parking lots, or structures will be submitted to the City for approval. Commissioner Mary Ann Mounts asked about the connection requirements for Steiner’s sewer. The north parcel sewer connection would be an agreement between them and the city, all other parcels are voluntary for their sewer’s useful life, and they do not have to take the City’s connection on water. Tract five 8 Commissioner Mary Haley mentioned that it meshes very well with what has already been developed. Commissioner Charles Andersen moved to recommend to the City Council the annexation of tracts 1,2,3,4, and 5 with zones as currently recommended by the Staff; Commissioner Mary Ann Mounts Discussion seconded the motion; : Commissioner Mike Ricks indicated that there was excess commercial zoning at this time. He would like to see more residential zoning. He is not comfortable with the proposed zoning. Commissioner David Stein indicated that the Comprehensive Plan shows commercial growth in this area. He supported the proposed zoning. Orderly planning in compliance with the Comprehensive Plan was discussed. Commissioner Mary Haley thought that it was logical to have commercial zoning in this area. Commissioner Ted Hill has a problem with Tract 1 excluding homes. He wanted Tract 1 and Tract 3 excluded. Tract 4 is ok. Commissioner Mike Ricks concurred with excluding Tract 1, accepting Tract 2, Tract 4, and Tract 5, and denying Tract 3. Commissioner David Stein acknowledged that the Commission can’t do road plans tonight. Ray Loveland indicated that he would like his property excluded if the Steiner property is excluded. If the Steiner’s can get their questions answered, they would be in favor of annexation. City Attorney Zollinger indicated that the road access questions are development questions and they can not be part of the annexation process. He went on to say that the City would not allow the Steiner property to become landlocked. The City can not indicate today where the Steiner access will enter the Boulevard. The property accesses are decided through the development process. The City requires right-of-way to enter the property; however, the City does not require the Gordon Steiner construction of the road by the property owner unless they are using the road. asked how many accesses there would be off University Boulevard. City Attorney Zollinger indicated that it was a development question. Property owners of Tract Three are opposed to the annexation. City Attorney Zollinger reviewed the costs for annexation public hearings. The Fujimotos paid for this annexation hearing. The other properties were boot strapped to the Fujimoto’s annexation hearing. City Attorney Zollinger indicated the public hearing and other costs for this annexation have already been paid. He discussed the Steiner’s options for delaying their annexation and paying annexation fees at a later date. Commissioner Mary Haley discussed the judgment of the Commission to have good planning. They are aware of who they are dealing with and their opinions. We look out for you when you are in the City of Rexburg. Gordon Steiner indicated that because he believed the City Attorney and the Planning Commission, they will accept the annexation proposal and trust the words of the Commission. Commissioner Ted Hill made a substitute motion to exclude Tract 1 and accept the other four Tracts. Discussion: Commissioner Mike Ricks seconded the substitute motion; on excluding the homes in Tract 1. Commissioner Randall Porter asked to include Tract 1 because there are other islands in the City. These homes could be annexed with these other islands at a future date. Commissioner David Stein agreed however, the City Council will decide this issue. Commissioner Mike Ricks showed other areas east of Tract 1 that will eventually be annexed. Those voting aye: Those voting nay: Commissioner Ted Hill Commissioner Mary Ann Mounts Commissioner Mike Ricks Commissioner Charles N. Andersen Commissioner Joseph Laird Commissioner Mary Haley Commissioner Randall Porter Commissioner David Stein The motion failed. Commissioner Thaine Robinson called for a vote on the original motion to annex all five Tracts as proposed; Those voting Nay: Those voting Aye: Commissioner Ted Hill Commissioner Mary Ann Mounts 9 Commissioner Mike Ricks Commissioner Charles N. Andersen Commissioner Joseph Laird Commissioner Mary Haley Commissioner Randall Porter Commissioner David Stein The motion passed to annex five Tracts as proposed. Planning and Zoning Public Hearings (Continued): 8:30 P.M. – Conditional Use Permit to construct and operate a Head Start Early Childhood Education Center. – Eastern Idaho Community Action Partnership. Kay Howard of4064 East 376 North Rigby asked the Commission for a Conditional Use Permit to nd build a Head Start Center at 55 W. 2 N., next to Twin Pine Apartments. The head Start Center will serve thirty-six students who will attend classes Tuesdays through Fridays. The Center will include seven staffers and volunteers and a handicap playground. Parents will bring their students to the center each day. No transportation will be provided. The Center offers low-income education, emergency use, and other services that are planned for the future. P&Z Administrator Kurt Hibbert reviewed the site plan on the overhead screen. Zoning is already appropriate. The Staff is working with the Engineer to approve the building to comply with the design standards.The architect is willing to shift the building slightly in order to comply. Commissioner Mary Ann Mounts asked for drop off times. They are planned from 8:00 to 8:30 A.M. and 12:00 to 12:30 P.M. Commissioner Mary Ann Mounts it is a great thing for Rexburg to get. It is a really great program nd that is needed for Rexburg. Her only concern is traffic on 2 North at 8:00 A.M. when people are leaving for work. Commissioner David Stein asked about impact on adjoining property buffering. There will be a chain link fence around the playground. Commissioner ThaineRobinson asked if Staff would be involved in the development of the site plan. P&Z Administrator Kurt Hibbert said yes. There will be an open atmosphere design. The drop off for cars will be off of the street. The front entrance is designed as a turn-around, which adds to the children’s safety. Commissioner Randy Porter asked if this fits with the emergency services regulations. The site plan can still be adjusted for staff approval. Kay Howard wants to open by next fall. Commissioner Thaine Robinson opened the Public Hearing. Those in favor of the proposal: rd Loraine Flannery at 138 North 3 East in Rexburg is a teacher at Head Start who feels that they need a better facility. The children need more space. This will meet the needs of the children, so she was in favor. rd Carol Flannery, alsoof 138 North 3 East, indicated that the current conditions are deplorable. The children need a better facility. There is a waiting list. There is not a play ground for the children. Rexburg deserves better. It does not take local tax dollars, it is federally funded. She would like the City Council to look very hard at this decision so Head Start won’t lose that funding. She was in favor of the proposal. Gary R. Martin sent in a letter in favor of the proposal (letter is on file). Those neutral - NONE 10 Those against - NONE Commissioner Mary Ann Mounts moved to approve the proposal; Commissioner Mary Haley Discussion: seconded the motion; This the first time the Planning Commission has seen the proposal. It has not been delayed by the Planning Commission. Commissioner Mike Ricks said it is a good use of The motion carried. tax dollars. All voted aye, none opposed. Commissioner Thaine Robinson closed the Public Hearing meeting for the Planning and Zoning Commission and turned the meeting back over to Mayor Larsen. Adjournment of the Planning and Zoning Commission. Mayor Larsen thanked the Planning Commission for their service to the Community. City Council Public Hearings: th 8:40 P.M. – Rezone properties from LDR2 to LDR1 east of South 4 East between nd 2 South and 350 South. (Indian Hills Neighborhood Association) Mayor Larsen asked P&Z Administrator Kurt Hibbert to review the Proposal. The Planning and Zoning Commission approved the request to go from LDR2 to LDR1 which will deny future apartments in this neighborhood. Mayor Larsen asked P&Z Administrator Kurt Hibbert if it was an Association. Bryce Thueson at 301 Mohawk Avenue reviewed the request to limit duplex rentals in the neighborhood. They wanted to protect their neighborhood as an adjoining neighborhood did last year. They are concerned with the neighborhood transitioning into non-owner occupied rentals. Those in favor of the proposal - Bryce Thueson was in favor of the proposal. Carrie Mills at 290 Shoshone Avenue indicated that it mergers with adjoining LDR1 property. Those neutral - NONE Those against - NONE Council Member Fullmer reviewed the boundaries of the proposal. The Public Hearing was closed. As the Planning and Zoning Liaison, Council Member Erickson indicated that Planning and Zoning discussed it at length. Some questions were resolved and they approved the zoning change from LDR 2 to LDR1. Council Member Anderson appreciated the neighbors working with the City to protect their neighborhood from transitioning into an absentee landlord neighborhood. Council Member Young moved to change the zoning of the Indian Hills and the North Side of Rolling Council Member Fullmer Hills from LDR2 to LDR1.seconded the motion. All voted aye, none The motion carried. opposed. Mayor Larsen thanked the neighbors for making the City’s job easier. Council Member Benfield congratulated them for their organization and professional presentation. st 8:50 P.M. – Rezone the property at 289 North 1 East from Light Industrial (LI) to Professional Office (PO). 11 P&Z Administrator Kurt Hibbert reviewed the request to rezone this property for development, which is in the planning stages. It will be a mini office area. It is consistent with the Comprehensive Plan. Planning and Zoning gave their recommendation. Those in favor - NONE Those neutral - NONE Those opposed - NONE Council Member Anderson was in favor of the proposal to clean up the area. She thought it would improve the property. Mayor Larsen agreed with Council Member Anderson. He asked if the rocks on the property could be used at the Tabernacle. Council Member Erickson indicated a parcel which is owned by the Rudd’s is not included in the proposal. Planning and Zoning approved the rezoning from Light Industrial (LI) to Professional Office (PO). P&Z Administrator Kurt Hibbert mentioned the preschool facility on the corner of Main Street and th 5 West is being moved to expand their operation. Council Member Fullmer moved that the City Council follow the Planning and Zoning st recommendation to approve the rezoning of the property at 289 North 1 East from Light Industrial (LI) Council Member Erickson to Professional Office (PO).seconded the motion. All voted aye, none The motion carried. opposed. Mayor Larsen indicated that the City Council will not take up the annexation for the proposed South st Rexburg annexation tonight. It will be on the 21 of December. New Business: - NONE Calendared Bills and Tabled Items : A.First Reading : Those items which are being introduced for first reading. – NONE B.Second Reading : Those items which have been first read. BILL 949 Pseudo ephedrine Ordinance 1.– City Staff nd Council Member Fullmer ; Council Member Benfield moved that BILL 949 be 2 readseconded the Discussion: motion; Council Member Young asked if the pharmacists were contacted. How did we get in the business of controlling access to over-the-counter drugs? Mayor Larsen will visit with the Police Department before the third reading. Police Officer Foster indicated that an arm load of over-the- counter drugs was stolen tonight, and they are still looking for the car. All voted aye, none opposed. The motion carried. C.Third Reading : Those items which have been second read. BILL 939 1.Revisions No. 1 Development Code: P&Z Administrator Kurt Hibbert reviewed the Planning and Zoning discussion with the most recent changes. Council Member Erickson mentioned it was changed to prohibit the domino effect. Language was added for that effect. Also, corner lot parking was changed to allow for parking development on corner lots. P&Z Administrator Kurt Hibbert indicated there are no rear lots on corner lots, so the change will allow the use of existing driveways on corner lots. Mayor Larsen indicated that the vote was delayed for Council Member Benfield. Council Member Erickson said the two changes were good during the delay. 12 Council Member Benfield reviewed a couple of things. However, what she was looking for is parking for businesses. We are having a problem now with commercial parking. We might be getting into more of problem with parking. She wants the BILL tabled for the new Council Members. She will vote no. It is part of the vehicle, but not the whole vehicle. Council Member Fullmer asked P&Z Administrator Kurt Hibbert to review the Parking regulations. Planning and Zoning will look at parking specifically when these questions are requested. Parking is controlled by the use of a specific business. Parking is always based on the zone. Mayor Larsen commented that we are not trying to solve any problem in any particular area in the City. The City Council previously had a great discussion on the matter of the East Main Area, but it may not nd be the answer for the 2 East properties. P&Z Administrator Kurt Hibbert indicated the reason there are no parking provisions in the BILL is because parking regulations are already contained in chapter 726. Council Member Benfield is concerned with the Central Business District Zone. Council Member Erickson mentioned the Planning and Zoning Commission has spent countless hours on parking regulations. They have done the very best they can in this area. Every time the City Council has gone against the Planning and Zoning Commission recommendation they get into trouble. He knows nd people on 2 East that this will not help, but it takes care of the properties near the University. He is ready to pass the BILL. Council Member Anderson made an observation with absentee landlord areas. The property is poorly taken care of, due to the lack of an on-site owner. She wants neighbors to take care of their property. She is in favor of the proposal. Council Member Benfield would like to see more discussions on this BILL before passage. Mayor Larsen asked for any public comments. Rob Hall owns a home on East Main. He needs to seek additional permission for changes in the neighborhood. This BILL gives the City Council a tool to use when it is needed. The best neighbor does not have to be a family with six children. He brought a tool to show the City Council that it was an example of a tool that is not needed all of the time; however, when you do need the tool, it is nice to have it available for your needs. Commissioner Mike Ricks there has not been any document that has been perfect the first go-around. Any time you are in a public office by appointment or election, you make decisions. At some point an individual will be released from that position and others will have the opportunity to tweak this BILL in the future as needed. He urged the City Council to approve the BILL. nd Pat Hitton at 55 South 2 East asked for a current copy of the BILL that prevents the domino effect. Also, she asks about the merging of lots. When someone buys more than one lot, how will that be treated? P&Z Administrator Kurt Hibbert indicated you can not aggregate properties. Backyards can have 40% hard surface for parking. Landscaping has to be maintained to buffer neighbors. Mayor Larsen asked about the landscaping requirement for LDR2 which is the requirement of this BILL. You cannot pave your whole front yard for commercial use. Pat Hitton asked if it was possible to see what properties would be affected by these standards. P&Z Administrator Kurt Hibbert has a map that shows the properties in the Community that may be able to use this proposed zone. 13 Council Member Young thought that there is public perception that the BILL is not good. It is unfortunate that the Community has not been more informed about this Zone and how it is a tool to improve the neighborhoods that are in transition. Council Member Erickson indicated that this has been on the table several times. The City Council has done due diligence. Mayor Larsen mentioned that the City Council has three readings on BILLS to educate the public. It is a lot better BILL after it has gone through this process. Council Member Benfield asked about a SIC Code for Medical use and the parking for this type of use. P&Z Administrator Kurt Hibbert mentioned you have to look at the type of use. If it is a doctor’s office, it is regulated very specifically by square footage of the building. It is reviewed and controlled at the site plan review to get a parking ratio based on use. Council Member Young thought the process has worked very well; however, there are still public perceptions that the BILL is not entirely acceptable. He thinks it is a good BILL, and would like to further educate the public so there isn’t a bad perception. Raymond Hill askedif a change could be required in a Conditional Use Permit request. Mayor Larsen indicated that it would be a zone change request. Kurt Hibbert mentioned the BILL does not address accessory buildings. An attached garage is part of the home. Pat Hinton asked if the zone follows the property. The zoning remains with the property, even if sold. Commissioner David Stein indicated that the Zone is needed to protect homes. Mayor Larsen indicated that the two ways to change perception are stories in the Standard Journal or well done letters to the editor. Council Member Fullmer thought it was a good ordinance that has evolved over the past few months. It can be tweaked in the future as needed. rd Council Member Fullmer moved to pass BILL 939 and consider it 3 read; Council Member Erickson seconded the motion. Those voting aye: Those voting nay: Farrell Young Donna Benfield Nyle Fullmer Rex Erickson Irma Anderson The motion carried. Report on Projects: Public Works Director John Millar provided a list of proposed street projects for next year. Some projects are carried over from last year to next year’s budget. Millhollow Road and Madison Ave, and the railroad crossing at Horkley’s have been added to the list for 2006. The canal bridge on Barney Dairy Road is also in the budget for 2006, scheduled tentatively for next Fall. He th reviewed the budget for various projects. One of the proposed improvements would be on 7 South by Gale Harding’s home. He will seek the help of the University on this budget item. He is looking for concurrence from the City Council in January, 2006. The City has a new street paving tool called “The Zipper” which will grind up old pavement to use as a new base for a new overlay. The City will be using this equipment on small street projects to help save money on street projects. 14 Council Member BenfieldJohn asked about the Millhollow project. It has been very controversial. Millar indicated that the money was being set aside; however, the projects were not necessarily approved. Mayor Larsen plans to have a neighborhood meeting with the Millhollow residents concerning the Millhollow Road project. Council Member Anderson indicated that on Millhollow Road, parking needs to be straightened out. Public Works Director John Millar mentioned the water slide at Porter Park is still moving forward. Health issues are being resolved and a layout is being drawn up. Council Member Benfield mentioned that the John Deere development complimented P&Z Administrator Kurt Hibbert and Public Works Director John Millar for their help on the John Deere project. John Millar mentioned the roundabout lights are only waiting for the electrician. Mayor Larsen mentioned the City lights “specifications” may be done with Utah Power soon. The City would be given a lower rate (flat rate) for each light fixture without having to run a meter service. Tabled Items : Those items which have been the subject of an affirmative vote to a motion to table: 1.Resolution 2004-22 (Adoption of Vision 2020 Rexburg Comprehensive Plan Text – Tabled November 03, 2004) Old Business: - NONE Mayor’s Report: Council Meeting will be next Wednesday, December 21, at 5:30 at the Court House with Madison County and Sugar City. There will be an employee benefit dinner tomorrow night. Adjournment ____________________________ Shawn Larsen, Mayor _________________________ Blair D. Kay, City Clerk 15