<p>MINUTES OF THE SPECIAL MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF </p><p>SODA SPRINGS, CARIBOU COUNTY, IDAHO HELD JULY 14TH, 2015.</p><p>MEETING AND AGENDA NOTICE POSTED AT CITY HALL 24 HOURS IN ADVANCE </p><p>PURSUANT TO IDAHO CODE.</p><p>MEETING CALLED TO ORDER AT 5:00PM BY JAMES R. SMITH, MAYOR.</p><p>ROLL CALL SHOWED THE FOLLOWING PRESENT: JAMES R. SMITH, MAYOR CITY COUNCIL JULY 14, 2015 PAGE 2 OF 14</p><p>MITCHELL J. HART, PRES.</p><p>LYNDA LEE</p><p>JON D. GOODE</p><p>ROBERT M. LAU</p><p>EXCUSED:</p><p>ALSO PRESENT:</p><p>Alan Skinner, Director</p><p>Tausha CITY COUNCIL JULY 14, 2015 PAGE 3 OF 14</p><p>Vorwaller, Clerk</p><p>Clyde Nelson, </p><p>Attorney </p><p>The Mayor and City Council began review of the concerns expressed by citizens regarding </p><p> the new weed and litter ordinance. </p><p>The Mayor addressed the question of whether the current code was sufficient to enforce </p><p> 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</p><p> that it was not sufficient. Councilmember Hart pointed out that the proposed ordinance </p><p> takes the current weed and garbage codes and combines the two. Attorney Nelson </p><p> explained that it also provides the steps for notice and assessment and more specific </p><p> guidelines and opportunity for clean-up which is a benefit to citizens. The Council </p><p> discussed the weed height. Councilmember Lee explained that the eight inch requirement </p><p> is needed as a starting point and mentioned that by the time a violation is seen and notice </p><p> and time to clean-up is given the weeds could be out of control. Mayor Smith noted that the</p><p> current code does not allow weeds at all. Councilmember Lau recommended an article in </p><p> 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</p><p> the proposal is trying to clarify the requirements and the enforcement measures. The </p><p>Mayor also noted that the City does try to enforce all current codes.</p><p>The Mayor agreed with the concern about Soda Springs not being a big city. He does not </p><p> want to try and be like Idaho Falls or Pocatello nor are we trying to be a gated community. </p><p>Mayor Smith noted that the City is focusing diligently on infrastructure and maintenance of </p><p>City facilities. Councilmember Goode mentioned that he is struggling with the reality that </p><p> the City has several areas that we cannot possibly always keep in compliance. The Mayor CITY COUNCIL JULY 14, 2015 PAGE 6 OF 14</p><p> agreed that the City is not perfect and he doesn’t expect the residents to be perfect we just </p><p> expect effort. Weed spraying was discussed and having the County weed department help. </p><p>Director Skinner mentioned that the difficulty with the County is by the time they get their </p><p> own spraying done it is late in the weed season when they can spray City areas. </p><p>Councilmember Lau suggested enlisting more groups to help during clean-up week at Kelly </p><p>Park. The Mayor mentioned he knows it is a constant battle to keep up with weed control </p><p> and property maintenance but he is seeing a huge amount of effort. It was also clarified </p><p> that it is the homeowner’s responsibility to maintain the sidewalk and weeds in the </p><p> sidewalk. Councilmember Hart recommended doing a better job and hiring an extra CITY COUNCIL JULY 14, 2015 PAGE 7 OF 14</p><p> person for weed spraying. Councilmember Lee agreed it was a mistake to do away with the</p><p> designated weed sprayer position. The Mayor explained that all crews are now paying </p><p> more attention to weeds and everyone has a bottle of roundup with them to use in their </p><p> daily travels to help address weeds. Councilmembers Goode and Lau suggested getting </p><p> chemicals from the County and use the $5,000 budget to hire a seasonal weed control </p><p> employee. </p><p>The Mayor and Council agreed they would like to provide a letter or article to explain and </p><p> 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</p><p> hard to bring the City properties into compliance.</p><p>The Council addressed the citizen comment on the ordinance being harshly written. </p><p>Attorney Nelson pointed out that the ordinance was drafted in legal language to provide </p><p> clarity. The Council suggested a revision to the “Purpose” section of the ordinance putting </p><p> at the start that it is the responsibility of the City Council to provide regulations necessary </p><p> for preserving property values and for the health and safety of citizens. </p><p>The clarification that flowers are allowed and not considered weeds was reviewed. The CITY COUNCIL JULY 14, 2015 PAGE 9 OF 14</p><p>Council agreed to add an exemption for flowers grown for ornamental purposes.</p><p>The junk definition was discussed considering the citizen comment regarding items that </p><p> are useful or decorative and should not be considered junk. The Mayor suggested that if </p><p> someone disagrees with a notice to remove junk they can come discuss it with the Council. </p><p>Attorney Nelson suggested adding an appeal process. Councilmember Lau expressed his </p><p> concern with giving people enough time to appeal. The Mayor and Council discussed. </p><p>Attorney Nelson suggested 10 calendar days and will add the appeal section to the </p><p> proposed ordinance. CITY COUNCIL JULY 14, 2015 PAGE 10 OF 14</p><p>The concern regarding farm or commercial equipment only being allowed in agricultural or</p><p> commercial zones was discussed. The Council agreed to allow small farm or commercial </p><p> equipment to be parked on private property the same as other recreational vehicles, </p><p> trailers, etc. The draft ordinance would also be amended to define “junk” in regards to farm</p><p> and commercial equipment to “non-functional”.</p><p>The Mayor addressed the concern regarding elderly or special circumstances where </p><p> individuals could not comply with the requirements including needing to stack firewood in CITY COUNCIL JULY 14, 2015 PAGE 11 OF 14</p><p> the front of the house. The Council agreed this could be addressed through the appeal </p><p> process.</p><p>The Council agreed that the ordinance sufficiently clarified how the regulations apply in </p><p> residential, commercial and agricultural zones. </p><p> th The next special meeting/work session is scheduled for July 28 at 5:00pm. Attorney </p><p>Nelson will have the changes made for review. Mayor Smith expressed his excitement for CITY COUNCIL JULY 14, 2015 PAGE 12 OF 14</p><p> the dialogue regarding this ordinance and commented on how things are looking good and </p><p> he sees a huge effort from numerous people trying to be better neighbors. He commented </p><p> that the City is making progress and when done will have a better more clear and concise </p><p> ordinance.</p><p> th Councilmember Goode mentioned that he will have to dial into the meeting on the 28 .</p><p>The meeting was adjourned at 5:50pm. CITY COUNCIL JULY 14, 2015 PAGE 13 OF 14</p><p>TH PASSED AND APPROVED BY THE MAYOR AND CITY COUNCIL THIS 28 DAY OF JULY, </p><p>2015.</p><p>______</p><p>James R. Smith, Mayor</p><p>ATTEST: CITY COUNCIL JULY 14, 2015 PAGE 14 OF 14</p><p>______</p><p>Tausha Vorwaller, Clerk</p>