Minutes of the Meeting of the Mayor and City Council of the City of Soda Springs, Caribou s4

MINUTES OF THE SPECIAL MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF

SODA SPRINGS, CARIBOU COUNTY, IDAHO HELD JULY 14TH, 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 CITY COUNCIL JULY 14, 2015 PAGE 2 OF 14

MITCHELL J. HART, PRES.

LYNDA LEE

JON D. GOODE

ROBERT M. LAU

EXCUSED:

ALSO PRESENT:

Alan Skinner, Director

Tausha CITY COUNCIL JULY 14, 2015 PAGE 3 OF 14

Vorwaller, Clerk

Clyde Nelson,

Attorney

The Mayor and City Council began review of the concerns expressed by citizens regarding

the new weed and litter ordinance.

The Mayor addressed the question of whether the current code was sufficient to enforce

clean-up. He commented that the old code was reviewed at length and it was determined CITY COUNCIL JULY 14, 2015 PAGE 4 OF 14

that it was not sufficient. Councilmember Hart pointed out that the proposed ordinance

takes the current weed and garbage codes and combines the two. Attorney Nelson

explained that it also provides the steps for notice and assessment and more specific

guidelines and opportunity for clean-up which is a benefit to citizens. The Council

discussed the weed height. Councilmember Lee explained that the eight inch requirement

is needed as a starting point and mentioned that by the time a violation is seen and notice

and time to clean-up is given the weeds could be out of control. Mayor Smith noted that the

current code does not allow weeds at all. Councilmember Lau recommended an article in

the paper explaining the deficiencies in the old code and why it needs corrected and how CITY COUNCIL JULY 14, 2015 PAGE 5 OF 14

the proposal is trying to clarify the requirements and the enforcement measures. The

Mayor also noted that the City does try to enforce all current codes.

The Mayor agreed with the concern about Soda Springs not being a big city. He does not

want to try and be like Idaho Falls or Pocatello nor are we trying to be a gated community.

Mayor Smith noted that the City is focusing diligently on infrastructure and maintenance of

City facilities. Councilmember Goode mentioned that he is struggling with the reality that

the City has several areas that we cannot possibly always keep in compliance. The Mayor CITY COUNCIL JULY 14, 2015 PAGE 6 OF 14

agreed that the City is not perfect and he doesn’t expect the residents to be perfect we just

expect effort. Weed spraying was discussed and having the County weed department help.

Director Skinner mentioned that the difficulty with the County is by the time they get their

own spraying done it is late in the weed season when they can spray City areas.

Councilmember Lau suggested enlisting more groups to help during clean-up week at Kelly

Park. The Mayor mentioned he knows it is a constant battle to keep up with weed control

and property maintenance but he is seeing a huge amount of effort. It was also clarified

that it is the homeowner’s responsibility to maintain the sidewalk and weeds in the

sidewalk. Councilmember Hart recommended doing a better job and hiring an extra CITY COUNCIL JULY 14, 2015 PAGE 7 OF 14

person for weed spraying. Councilmember Lee agreed it was a mistake to do away with the

designated weed sprayer position. The Mayor explained that all crews are now paying

more attention to weeds and everyone has a bottle of roundup with them to use in their

daily travels to help address weeds. Councilmembers Goode and Lau suggested getting

chemicals from the County and use the $5,000 budget to hire a seasonal weed control

employee.

The Mayor and Council agreed they would like to provide a letter or article to explain and

comment on these issues and point out that the City has challenges and will be working CITY COUNCIL JULY 14, 2015 PAGE 8 OF 14

hard to bring the City properties into compliance.

The Council addressed the citizen comment on the ordinance being harshly written.

Attorney Nelson pointed out that the ordinance was drafted in legal language to provide

clarity. The Council suggested a revision to the “Purpose” section of the ordinance putting

at the start that it is the responsibility of the City Council to provide regulations necessary

for preserving property values and for the health and safety of citizens.

The clarification that flowers are allowed and not considered weeds was reviewed. The CITY COUNCIL JULY 14, 2015 PAGE 9 OF 14

Council agreed to add an exemption for flowers grown for ornamental purposes.

The junk definition was discussed considering the citizen comment regarding items that

are useful or decorative and should not be considered junk. The Mayor suggested that if

someone disagrees with a notice to remove junk they can come discuss it with the Council.

Attorney Nelson suggested adding an appeal process. Councilmember Lau expressed his

concern with giving people enough time to appeal. The Mayor and Council discussed.

Attorney Nelson suggested 10 calendar days and will add the appeal section to the

proposed ordinance. CITY COUNCIL JULY 14, 2015 PAGE 10 OF 14

The concern regarding farm or commercial equipment only being allowed in agricultural or

commercial zones was discussed. The Council agreed to allow small farm or commercial

equipment to be parked on private property the same as other recreational vehicles,

trailers, etc. The draft ordinance would also be amended to define “junk” in regards to farm

and commercial equipment to “non-functional”.

The Mayor addressed the concern regarding elderly or special circumstances where

individuals could not comply with the requirements including needing to stack firewood in CITY COUNCIL JULY 14, 2015 PAGE 11 OF 14

the front of the house. The Council agreed this could be addressed through the appeal

process.

The Council agreed that the ordinance sufficiently clarified how the regulations apply in

residential, commercial and agricultural zones.

th The next special meeting/work session is scheduled for July 28 at 5:00pm. Attorney

Nelson will have the changes made for review. Mayor Smith expressed his excitement for CITY COUNCIL JULY 14, 2015 PAGE 12 OF 14

the dialogue regarding this ordinance and commented on how things are looking good and

he sees a huge effort from numerous people trying to be better neighbors. He commented

that the City is making progress and when done will have a better more clear and concise

ordinance.

th Councilmember Goode mentioned that he will have to dial into the meeting on the 28 .

The meeting was adjourned at 5:50pm. CITY COUNCIL JULY 14, 2015 PAGE 13 OF 14

TH PASSED AND APPROVED BY THE MAYOR AND CITY COUNCIL THIS 28 DAY OF JULY,

______

James R. Smith, Mayor

ATTEST: CITY COUNCIL JULY 14, 2015 PAGE 14 OF 14

______

Tausha Vorwaller, Clerk