Minutes of the Meeting of the Mayor and City Council of the City of Soda Springs, Caribou s2
CITY COUNCIL
MAY 27, 2015
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MINUTES OF THE SPECIAL MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SODA SPRINGS, CARIBOU COUNTY, IDAHO HELD MAY 27TH, 2015.
MEETING AND AGENDA NOTICE POSTED AT CITY HALL 24 HOURS IN ADVANCE PURSUANT TO IDAHO CODE.
MEETING CALLED TO ORDER AT 5:00PM BY JAMES R. SMITH, MAYOR.
ROLL CALL SHOWED THE FOLLOWING PRESENT: JAMES R. SMITH, MAYOR
MITCHELL J. HART, PRES.
LYNDA LEE
JON D. GOODE
ROBERT M. LAU
EXCUSED:
ALSO PRESENT: Numerous Citizens Alan Skinner, Director
(Sign-in sheet attached) Tausha Vorwaller, Clerk
Clyde Nelson, Attorney
Mayor Smith welcomed everyone in attendance and explained that the special meeting was scheduled as a work session for the City Council to review and discuss a proposed ordinance to help enforce clean-up and beautification of the City. The Mayor made it clear that there would be no public comment at the meeting and that a Public Hearing was scheduled for June 3rd to allow for public comments at that time.
The proposed ordinance would prohibit the accumulation of junk and the growth of weeds, regulate the length of lawns and require the parking of RV’s and trailers in garages or on driveways. The ordinance also establishes penalties and the assessment of costs if cleaned up by the City.
The Mayor and Council reviewed each paragraph of the proposed ordinance in detail.
The new ordinance would repeal 8.04 WEEDS with a new chapter 8.04 entitled WEEDS AND LITTER REMOVAL; YARD MAINTENANCE; AND VEHICLE STORAGE.
The summary and each paragraph was read aloud and discussed by the City Council.
Attorney Nelson pointed out that the City already has in place a junk vehicle ordinance that prohibits accumulation of junk vehicles with some exceptions.
The definitions were reviewed. Councilmember Hart requested additions to the junk definition. Councilmember Goode asked about equipment in commercial zones. Attorney Nelson suggested clarifying how commercial equipment will be stored. The Mayor stated that the City does not want to prohibit any legitimate business. The Council agreed to allow for storage and operable equipment on commercial and industrial properties as needed for the type of business. Councilmember Lau requested to strike the language “markedly offensive” due to its ambiguity. Attorney Nelson suggested alternative language of “would contribute toward the devaluation of private property”. Councilmember Lau still felt it would it be difficult to defend.
The Mayor and Council discussed the grass height at length and agreed to eight inches for grass and weeds. It was also clarified that noxious plants will be defined and published by the Department of Agriculture and the County.
The temporary storage of construction materials was discussed. The Council agreed to allow anywhere on the property up to 90 days with no special approval needed. Firewood storage was also discussed and agreed can be neatly stacked within the setbacks on side or rear yards.
The definition of “driveway” was discussed. Attorney Nelson suggested clarifying as “hard surface free of weeds including gravel or other hard packed surface free of weeds”. The definition of “blight” will also be included as described by Attorney Nelson.
The Mayor and Council discussed at length the parking of recreational vehicles (RV’s)/campers. The current code allows one unoccupied RV to be parked on the back half of a residential lot. Councilmember Lee suggested allowing camper parking on the street during summer months. The Mayor pointed out the safety hazard of RV’s on the street and how it makes it hard to see around them. Councilmember Lau suggested separating motor vehicles from RV’s, snowmobiles, boats, trailers, etc. for the purpose of clarifying the regulations on motor vehicles. Councilmember Lee asked about parking RV’s, boats and trailers on vacant lots. Councilmember Lau expressed that he did not have a problem with allowing parking on side yards. Councilmember Hart expressed that he wants to be reasonable and doesn’t have a problem with items parked on vacant lots where they have been parked neatly and the grass and weeds are kept cut but if it becomes a place to pile junk, becomes a nuisance and the weeds are out of control then that is a problem and that is the intent of this ordinance. He clarified to the citizens that the intent is not to try to take away someone’s livelihood, enjoyment or hobbies but just trying to make the town look better and encourage people to be responsible. The Council discussed at length and agreed to allow items to be parked on side and rear yards as long as it is within the safety setbacks.
The penalty section of the proposed ordinance was reviewed. The misdemeanor fine and jail time was discussed at length. Councilmember Goode was not in agreement with imposing prison time and suggested a tiered penalty approach similar to the junk vehicle ordinance. Attorney Nelson explained that the misdemeanor provisions are set by state code and are at the discretion of the court. He also pointed out that the City Code already has the misdemeanor penalty established in the Administrative section that covers violations to any ordinances of the City. Councilmember Lau suggested including the process that will be followed before penalties will be assessed. All agreed on the suggested changes to the penalty section. Mayor Smith pointed out that anyone that is willing to work with the City to clean-up their property will not get anywhere near these provisions.
The Council also discussed the provision allowing City representatives to enter onto private property for inspection and enforcement. Mayor Smith pointed out that there are similar provisions in State and Fire Code that allows entry to inspect for safety and compliance. Councilmember Lau expressed his disagreement with the City being able to enter onto private property without probable cause and notice to the property owner.
The Mayor and Council discussed at length and agreed to use language similar to the Fire Code requiring a complaint or probable cause and notification.
The Special Assessments section was reviewed and all were in agreement with the assessment provision. Attorney Nelson explained that the assessment is allowed by Idaho law.
Councilmember Lau suggested implementing a beautification award to positively encourage the community to clean-up properties. The Mayor was supportive of the idea.
Mayor Smith explained that he will be absent for the public hearing and Council President Hart will preside. Council President Hart made a few comments about the procedures that will be followed for the public hearing. After the public hearing the Council will have the discretion to amend, approve, or table the proposed ordinance for further discussion.
The special meeting was adjourned at 7:10pm.
PASSED AND APPROVED BY THE MAYOR AND CITY COUNCIL THIS 3RD DAY OF JUNE, 2015.
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James R. Smith, Mayor
ATTEST:
CITY COUNCIL
MAY 27, 2015
PAGE 3 OF 3
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Tausha Vorwaller, Clerk