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HomeMy WebLinkAbout1991.12.04 CITY COUNCIL MINUTES/~ City Council 12/04/91 7:30 P.M. li~ State of Idaho) County of Madison (ss City of Rexburg) Present were the following: Mayor: Nile Boyle Councilmembers: Brad Liljenquist Glen Pond Nyle Fullmer Bruce Sutherland Darlene Petersen Farrell Young Also Present: Planning & Zoning: Rose Bagley, City Clerk J. D. Hancock, Attorney Richard Horner, Treasurer John Millar Jim Long Mary Ann Mounts Pledge to the flag. A motion was made by Farrell Young and seconded by Darlene Petersen to approve the minutes. All Aye. RE: ALBERTSON'S STORE COMPACTING THEIR OWN GARBAGE Mayor Boyle read a request from Albertsons proposing that they be allowed to place an Accurate Industrial Trash Compactor for the Albertson Store to compact their garbage and allow the compacted garbage to be hauled by another garbage company to the landfill. A motion was made by Bruce Sutherland and seconded by Nyle Fullmer to allow them to use the compactor and haul their garbage subject to the minimum charge required by our ordinance. It was recommended that all businesses requesting to compact garbage come to the council and get permission on a one by one basis. The mayor called for a vote. All Aye Nyle Fullmer reported on the Christmas party. RE: TWO BEER LICENSES APPROVED Mayor Boyle read the applications for Beer Licenses. Chips Country Market Horkley Self Service A motion was made by Glen Pond and seconded by Brad Liljenquist to approve the beer licenses. All Aye RE: REPORT ON A BUILDING FOR THE SENIOR CITIZENS Mayor Boyle reported on obtaining a building for the Senior Citizens center. The hospital wants to get the. Senior Citizens out of the old hospital. The city and the county have looked at other options. They have looked at the old bowling alley presently owned by Ralph Hall. ECIPDA is looking at a grant through the state for a Senior Citizens Center. They think they could get about $85,000 on a grant. We also have a commitment from FHA for a 6~ loan for the part that would not be covered under the grant. If we swing this it would probably require about $900 a month in payment to FHA to pay it off. The city is presently giving them $2400 a year and the county would need to increase the amount they give them. The Ferguson foundation has set up a grant and every month they give so much and we would try to get a little more, possible $300 a month. An architect will be looking at the building. The city will need to apply for the grant. The Senior Citizens would own the building. We will have to increase about $100 more a month to make it pay out. The property goes back and joins on to the Union Pacific property, so the mayor called them today and they will send us an application for an easement though their property for a ~~ road. A motion was made by Brad Liljenquist to approve proceeding with the architectural plans and continue working on it. seconded by Nyle Fullmer. All Aye. RE: GRAND OPENING FOR THE GOOD SAMARITANS HOSPICES The mayor reported that he attended the Grand Opening of the Good Samaritan's Hospices. It is a community based program to care for the terminally ill in their home. RE: DRUNK AND DRUG DRIVING AWARENESS WEEK The mayor read a letter asking the city to designate December 7 - 13 for Drunk and Drug Driving Awareness Week. A motion was made by Brad Liljenquist and seconded by Nyle Fullmer to proclaim December 7 - 13 as Drunk and Drug Driving Awareness Week. All Aye RE: REPORT ON REDEVELOPMENT AND PLANNING AND ZONING Glen Pond reported on redevelopment and Planning & Zoning. The redevelopment meeting was held Monday. They are still discussing going with bonding or increment financing. It looks like it might be easier to go with bonds. We need to finalize approval by January 2 in order to capture the tax for the next year. Mayor Boyle read for the first reading Ordinance 728 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REXBURG, IDAHO, APPROVING THE NORTH HIGHWAY URBAN RENEWAL PLAN WHICH PLAN INCLUDES REVENUE ALLOCATION FINANCING PROVISIONS; AUTHORIZING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE AND OTHER REQUIRED INFORMATION TO COUNTY AND STATE OFFICIALS; AND PROVIDING AN EFFECTIVE DATE. RE: RESOLUTION 91-9 PASSED BY PLANNING AND ZONING At Planning & Zoning we passed Resolution 91-9 which told the Rexburg re-development agency that they were within the Comprehensive Plan and they could proceed with the development north of town. The resolution was passed by the Planning & Zoning and signed by the Chairman of Planning & Zoning. RE: STUDENT HOUSING OFF OF 2ND E. & FEES FOR PUBLIC HEARINGS DISCUSSED He reported on student housing proposed to be built off of 2nd East coming onto Harvard. He also reported that the Planning & Zoning recommended that all fees for Public Hearings be paid up front. The council agreed. RE: DISCUSSION OF SAFETY CONCERNS OF THE SOUTH HIGHWAY, 33, & 7TH S. Mayor Boyle reported that the Merchants on the South Highway have concerns about the safety of that highway. When the new highway was built the State abandoned that road and turned it over to the city and county. Dick Davis thinks we might be able to get the state highway to take it back over. The highway department suggest we put in a light by Frontier Pies. The cost would be $120,000. Dick is also working on the bad curve on 33. There is also a concern about 7th South. A highway bill was passed which will bring about 200 million dollar allotment to the State of Idaho. Dick and Clayter Forsgren think if we get some of these things ready, we might be able to get some of the increase in the highway funding. The council asked Bruce if he would have the traffic safety committee look at the south highway. The college is meeting with the Board of Education. 7th South will have to be done before they can proceed with the project. The new school will also create a traffic problem. RE: DENNIS BIRCH APPROVED FOR TRAFFIC SAFETY COMMITTEE Bruce Sutherland suggested that Dennis Birch be appointed to the Traffic Safety Committee. A motion was made by Nyle Fullmer and ~l seconded by Darlene Petersen to approve Dennis Birch to that committee. All Aye. RE: AIRPORT BOARD NEEDS TO PURCHASE A TRACTOR Nyle Fullmer reported on the Airport Board. They need to purchase a tractor and want to know if the city parks are interested on going in on a tractor with them to share the use. The mayor said they would check on it. RE: REPORT ON THE GOLF BOARD Brad Liljenquist reported on the Golf Board. They reviewed the budget and it is in the black. The revenue is up and they are making improvements and sustaining themselves. A motion was made by Brad Liljenquist and seconded by Glen Pond to approve the bills. All Aye. A motion was made by Brad Liljenquist and seconded by Bruce Sutherland to go into an executive session to discuss a possible law suit. All Aye Council reconvened. A motion was made by Glen Pond and seconded by Bruce Sutherland to disallow the Tort Claim. All Aye PUBLIC HEARING FOR THE CITY IMPACT ZONE - 8:30p.m. 8:30 P. M. Public Hearing for the City Impact Zone. The mayor explained. He read from the State Statue 67-6526. The city impact area would be to designate the area out of the city would have to be approved by the Planning & Zoning for a change. He gave some examples on sub divisions and businesses. The impact area would be to protect the property owners. These things would not be allowed to go in if they were not compatible. J. D. Hancock stated that all existing uses will be preserved, they won't change. The Planning and Zoning will have the responsibility to determine the zones, trying to do what the State law requires. Dell Barney, County Commissioner - He stated that he would be wearing two hats tonight. As a farmer in the impact zone, he had some concerns of his own. As a County Commission he had the responsibility of the people outside of the city limits inside the impact area who have concerns. He wanted to make sure those concerns were met. Gerald Jeppesen - 500 East 100 West -His concern was he did not understand about what the city wants to do in the impact area. He was wishing this was more of an information meeting. There was a concern on what the perspectives are and what the city plans to do in the future. He requested that there be another meeting. John Millar - The purpose of this is to establish an area adjacent to the city, where the city has some control over future development. By statue any existing use, agriculture over 20 acres has to come in as agriculture. If the impact area is set up it has to be with mutual agreement with the County Commissioners. We will be adding to our existing zoning requirements. Right now we don't have an agriculture zone. Agriculture zone would be where there is agriculture use. The primary thing we are looking at is to set up control of sub-divisions that could effect the city, roads that will be built in relation with sub-divisions, commercial or industrial developments which would effect the city, and that type of developments. We are not looking at going out and imposing every city ordinance on the area. It would mostly be the planning. Jim Long - We would be doing the same thing the county would do if they had a planning and zoning commission. What happens in 20 years when he wants to sell his dairy and the guy wants to stay in dairy business and the person wants to sell chickens or turkeys. John Millar - Any existing use of the land runs with the land it doesn't matter who owns it. /~ Dell Barney - Is there anything that will stop me from expanding my operation to a different type of livestock? John said the intent is not to, it would not limit it. Dell said the intent is not good enough. John Hegsted - 2035 North Salem Road - Is this different than the one that was tried to pass 13 years ago. He was told the one 13 years ago was to zone all the county. Dell said the time has come that we need to do some planning county wide. We do need to address the concerns of the people. Richard Smith - When you say it is the intent not to enforce a number of ordinances, which ones will you enforce. Nile said the only ones we would enforce is zoning and the sub division ordinance. Richard suggested that if that was the case it be firmly in writing and in the ordinance. Richard said there has been a problem in Ada County with the restrictions. It tells you what kind and how many livestock. The people in the impact zone need to know what the rules are before they vote it in. When you look at the Master Plan, it has major roads extending through out the county and mostly in the impact zone. By passing the impact zone it sounds like the city will implement the Master Plan. He suggested if you implement the impact zone that Planning & Zoning and the City Council need some input. People need to come to Planning & Zoning and review how negative or positive we want to be. He felt that it would impact the south more than any other direction. J. D. Hancock stated that all we were here for tonight is to define the boundaries. All the concerns that Richard had addressed would have to be addressed at separate public hearings. Richard Smith - This is a city Planning & Zoning, but when you are talking about impact in the out lying area those people should have input and a vote. He said he would abide by the boundaries of the impact zone because he was concerned about the road situation in and out of Rexburg Bench. It makes him feel good that someone will look at the situation on the Pole Line Road. Mayor Boyle - With the impact zone, if someone came in and wanted to sub divide some more homes on Pole Line Road, the city would have the power to restrict it. We could stop developments or make them pay for the improvements to make them safe. Dell Barney - J. D. had stated that the meeting tonight is to establish the impact zone boundaries He felt we are too quick to establish the boundaries. We need to get input from the people before the impact zone is established. John Millar explained the impact area. Mike Ricks - South 5th West. Why go into the fields, why not go on a natural road. John - because of the strip development that usually occurs on or by the road. Dale Steiner - He asked who the people are that are talking. He was told they were Planning & Zoning Members. De Loy Ward - 1432 South 1000 West - All of my ground will be in the impact area. How can anyone on the zoning commission tell me what is best for my farm. He felt as citizens we have a few rights and referred to the pig farmer that was required to move his pigs. At another meeting he gave the city 100 feet of ground for a street. Complained about the flooding from Cresthaven. The county has been good to him, but the city has been a bunch of broken promises. When Mayor Porter left office, you changed the rules. We are subject to these people telling the rest of us what to do. The roads are all above Argus Clinger's house and they dump the water right above De Loy. He had protested to the city council and tried to talk to the mayor and he didn't listen. The city gave Blaine Shaw permission to build his house and there isn't any place for the water to go, but that ~? ~. was annexed first. Referring to Rexburg Heights, he gave an easement for a sewer and was suppose to get 19 hookups to the city water and sewer, with 7 free in case he or his kids decide to build. He let Argus Clinger use one of those hookups, now the city informs De Loy it is 1 1/2 times for the water and sewer use. He came to the mayor again, he didn't listen. If the people in the city knows what is better for the rural area, the problem is the city does not listen. They are sitting out there trying to make a living. All they are asking is that the city works with them. You are telling us what to do, you are not asking us what to do. By telling us there isn't one person in ten in this room that would think it is better. He heard about the potato plant and that it made it stink and shouldn't be there, but some where our potatoes have to be taken care of. (The mayor told him we had gotten a grant for the potato plant.) He referred to the pig situation again. Let the neighbors decide what is the best in planning. The county has been good to him, but the city has some problems to clean up. De Loy said he had come to the mayor about the drainage problem and was told it was none of his business, it was between the city and Cresthaven. He had rot even been invited or have any say about the flood water. Twenty years ago there was a big water problem and the college put in a big dike. Where are the curbs and gutters and blacktop that would pack the flood water away? You have got to give people representation if you want them to go along with this impact area. You are telling people what is good for them not letting them decide. ( he continued in talking about the water and sewer hook up fees and problems with his property and the roads and drainage) He talked about 7th South not going through after he deeded property to the city. The mayor told him the bid had been let and they will start on the drainage problem on Monday. Jim Lonq - On behalf of Planning & Zoning, he resented what he was saying that they tell you what to do. He doesn't tell anyone what to do. You come to Planning & Zoning and voice your concerns in front of them and they listen to you. We determine what is best for you and for each of you. The mayor had appointed them because he thinks they are half way intelligent, concerned individuals. They are concerned for you and for the city. Lee Ward - 1432 South 2000 West- The point is, he had fought in Viet Nam for rights. When you start telling property owner what they are going to do with their property around the city, you don't have a majority vote. I don't want to be in the city. Dell Barney told him you have votes from the county commissioners who are voting for the county. Glen Pond told him we have not told him what to do with his property and never have. Nile Boyle told him good planning does rot cause problems, it stops the problems. Dell Barney - The purpose of planning is to collectively gather the thoughts of all of us, and all of us together decide what is better for all of us. Then we will try to reach a conclusion that we can live with. If we can do that we can put together a plan we can work with. Brad Liljenquist - We need to make our intentions very clear and we need to spell out what we want to do and what we don't want to do. Nyle Fullmer - This is a proposed impact area to gather information. He could not speak for council's in the past, but he knows this council is doing the best they can. He told De Loy by next spring he would not be flooded. Brad told De Loy there had been mistakes in the past, but we are trying to address those now. ~i Roger Higley - He lives on the east side of Bell Road. He wondered why we picked both sides of Pole Line Road so they could have some control over it but only the west side of the Bell road. John Millar - Said that was a good question. Elmo Jeppesen - Concern about the impact on agriculture land. He has his land so it is producing better than it has ever produced. He is concerned because it is good agriculture land and they have their living from it. He is concerned about the impact zone. Mayor Boyle said it would protect the land under the agriculture zone. Jim Long - When WalMart tried to buy Walker property the Planning & Zoning was opposed to it. We wanted to preserve the agriculture land. That is one of our objectives. Gerald Jeppesen - His concern was to come and receive good information. He did not know anything about the Master Plan and wants more information. Nyle Fullmer- The best example he could think of is the Bark plant. There are several homes out there that wish there had been some planning so they could have had a say about the bark plant being put in. The impact zone would give everyone that is effected some control. It is to protect the property owners. The idea of this meeting tonight is to start to gather the information so we can write an ordinance that is specific enough that it is going to protect you as individuals from the neighbor next to you. We are just trying to get the information. Gerald Jeppesen - i am not opposed to zoning. There are some legitimate concerns. There needs to be a meeting where the boundaries are gone over and the Master Plan needs to be explained. George Archibald- Was there any particular zoning that will be planned for the Airport area? He asked what would happen if someone owned just twenty acres. John told him that portion in the city is zoned as an airport overlay. The portion outside of the city we have no authority to zone that. Regarding Planning & Zoning we try to protect the rights of the existing use. We want to protect the existing use. Nyle Fullmer told him the city would not dictate to them unless they want it changed. Zoning gets changed at the request of the property owner. John Millar - With regards to Planning & Zoning, their first premise is to protect the existing rights of existing use. In order to get the zoning ordinance passed we had public hearings at each school and other public hearings and it took two years to get that through. Brad Archibald- 1491 North 1000 West - He was concerned about the grandfather clause that makes it so you van continue doing what you are doing. If we are annexed in and want to expand our operation in a dairy or cattle do we have to come here and get an okay from the city to be able to do this. Glen Pond told him we were not going to annex him. If it was zoned agriculture he would not have to worry. Brad said he thought the county should establish the impact zone not the city. Glen Pond gave him some examples of the Rexburg Heights. Richard Smith- Reviewing the State Statue 67-6526 - "The Impact area will be defined by a group. This group will consist of the county commissioners for the county concerned, together with three (3) elected city officials designated by the mayor of the city and confirmed by the council and three city or county residents. That group by majority vote shall define the boundary and they would go on to define the ordinances that would apply." The mayor stated that if they fail to do it, it would go to the court to decide. He felt that this group should be put together to define the impact area and determine the ordinances. Weldon Steiner- Are the boundaries of this impact zone finalized? He was told no. Who is going to finalize it. The mayor told him maybe it needs to be done by the group that Richard suggested. This is just preliminary. Dean Grover - I have property on the edge of the impact zone. Fie thought it would raise the taxes. He asked if this would limit his ground from selling it. He was told the zoning would protect his neighbors for the use he would sell it for. ~~ Jack Jeppesen - Years ago he had a home on 3rd West and had livestock. They moved a trailer court in next to him. There was no problem with his livestock and his city went along with him and they will do the same in the impact zone. RECOMMENDATION FOR AN IMPACT ZONE COMMITTEE The mayor said we would set up a committee and have them make a recommendation. A motion was made by Nyle Fullmer to assemble that committee so we can get the information and input we need. Seconded by Darlene Petersen. All Aye. Dell Barney said the commissioners will have to take a vote to see if they want to form a committee. A motion was made by Nyle Fullmer and seconded by Farrell Young to adjourn. All Aye. Mayor, Nile L. Boyle City Clerk, Ros ag y ~i 'Y :. _ .. , .. _....... _.~ ... v..slh..i~ :~ktf>beYi]mk~hl~t~f~i` ~ .~,,, ..~?z.-. ,. rr'~t:r.~a.^_~rk~~a^ ~~tw~tp4r(l ~?.,"~'~. ~. c i., ~ ~(~~..1 ~ ....~~ } .~.. e~Y ~_~ 521 LOCAL PLANNING 67-6526 67-6525. Plan and zoning ordinance changes upon annexation of unincorporated area. -Prior to annexation of an unincorporated area, a city council shall request and receive a recommendation from the planning and zoning commission, or the planning commission and the zoning com- mission, on the proposed plan and zoning ordinance changes for the unin- corporated area. Each commission and the city council shall follow the notice and hearing procedures provided in section 67-6509, Idaho Code. Concurrently or immediately following the adoption of an ordinance of annexation, the city council shall amend the plan and zoning ordinance. [I.C., § 67-6525, as added by 1975, ch. 188, § 2, p. 515.] :;. ; Cited in: Coeur D'Alene Indus. Park Prop- 'vJhere the annexation ordinance was silent , ~' erty Owners Assn v. City of Coeur D'Alene, as to the zoning of the annexed land, it came ~' ~ 108 Idaho 843, 702 P.2d 881 (Ct. App. 1985). into the city as unzoned land and the an- ~'.~ ~ ANALYSIS Hexed land was not rezoned by the city but initially zoned. Burt v. City of Idaho Falls, Unzoned land.- 105 Idaho 65, 665 P.2d 1075 (1983). When amendment unnecessary. When Amendment Unnecessary. Unzoned Land. Where an annexation ordinance did not The Local Planning Act of 1975 has not conflict with the comprehensive city plan, the ~ abrogated the rule that iCan annexation ordi- failure of the city council to amend the plan ,;c Hance is silent as to zoning, the annexed land concurrently with or immediately after pas- "'^ comes into the city as unzoned land, although sage of the ordinance did not violate this sec- i. this section requires amendment of the com- since there wns no reason Cor the council lion ,.'~ ". preherisive plan and zoning ordinance con- currently or immediately following annexa- , to amend the plan absent a conflict. State ex i. lion. Burt v. City of Idaho Falls, 105 Idaho rel. Roark v. City of Hailey, 102 Idaho 511, '~3 65, 665 P.2d 1075 (1983). .633 P.2d 576 (1981). 67-6526. Areas of city~impact -Negotiation procedure. - (a) The governing board of each county and each city therein shall, prior to July 1, 1977, adopt by ordinance following the notice and hearing procedures pro- vided in section 67-6509, Idaho Code, a map identifying an area of city impact within the unincorporated area of the county. By mutual agree- ment, this date may be extended to January 1, 1978. A separate ordinance providing for application of plans and ordinances for the area of~city impact shall be adopted no later than July 1, 1978. This separate ordinance shall provide for one of the following: (1) Application of the city plan and ordinances adopted under this chap- ter to the area of city impact;. or , (2) Application of the county plan and ordinances adopted under this chapter, to the area of city impact; or (3) Application of any mutually agreed upon plan and ordinances adopted under this chapter to the area of city impact. Areas of city impact, together with plan and ordinance requirements, may cross county boundaries by agreement of the city and county con- cerned if the city is within three (3) miles of the adjoining county. (b) If the requirements of section 67-6526(a), Idaho Code, are not met, the county commissioners for the county concerned, together with three (3) elected city officials designated by the mayor of the city and confirmed by the council, shall, within thirty (30) days, select three (3) city or county residents. These nine (9) persons shall, by majority vote, recommend to the ~~ ;~ j; '; ~s '! i .!,} ~ •!~ . ~;. i ii :~ . o-, a r. , .1 ~. ;j ~1 ? '(1, ,~ i, i ,,. '_ ( 9 ~: :~ . f+ :, ~i~ i ' ~. l~ ~~I ~~ 67-6526 STATE GOVSRNMI;N'r AND STA7'G AFFAIRS 522 ~ 5• ' city and county governing boards an.area of city impact together with plan and ordinance requirements. The recommendations shall be acted upon by the governing boards within sixty (60) days of receipt. If the city or county fails to enact ordinances providing for an area of city impact, plan, and ordinance requirements, the city or county may seek a declaratory judg- ment from the district court identifying the area of city impact, and plan and ordinance requirements. In defining an area of city impact, the follow- ing factors shall be considered: (1) trade area; (2) geographic factors; and (3) areas that can reasonably be expected to be annexed to the city in the future. '' the cities involved shall negotiate (c) If areas of city impact overlap :; , boundary adjustments to be recommended to the respective city councils. If ~', the cities cannot reach agreement, the board of county commissioners shall, upon a requesbfrom either city, within thirty (30) days, recommend adjust- i ments to the areas of city impact which shall be adopted by ordinance by n ' the cities following the notice and hearing procedures provided in section Y 67-6509, Idaho Code. If any city objects to the recommendation of the board ~ f ~ of county commissioners, the county shall within sixty {60) days from the date of tl~e recommendation conduct a special election and establish polling ~~ places for the purpose of submitting to the qualified electors residing in the ;~ ~~ overlapping impact area, the question of which area of city impact the i ~ electors wish to reside. The results of the election shall be conclusive and ' ~ ~ ~~ binding, and no further proceedings shall be entertained by the board of ,; ~ county commissioners, and the decision shall not be appealable by either '' 1 .city involved. The clerk of the board of county commissioners shall by f : abstract of the results of the election, certify that fact, record the same and ' • :1 .transmit copies of the original abstract of the result. of the special election i ,~ . to the clerk of the involved cities. ~; { ~ I (d) Areas of city impact, plan, and ordinance requirements shall remain ~ •-'~ '~ '` ' ~ fixed until both governing boards agree to renegotiate. In the event the city ' ~. ' ~~ ; and count cannot a ree the udicial review rocess of subsection (b) shall Y g j P = ! `` apply. Renegotiations shall begin within thirty (30) days after written re- ' ~ quest by the city or county and shall follow the procedures for original negotiation provided in this section. `, (e) Prior to negotiation or renegotiation of areas of city impact, plan, and ;~ •~ ordinance requirements, the governing boards shall submit the questions , to the planning, zoning, or planning and zoning commission for recommen- • dation. Each commission shall have a reasonable time fixed by the govern- ~ . ing board to make its recommendations to the governing board. `~ ' (f) This section shall not preclude growth and development in areas of f any county within the state of Idaho which are not within the areas of city ''~ ~, ," impact provided for herein. ~~ (~ If the area of impact has been delimited pursuant to the provisions of ..~ ~' subsection (a) (1) of this section, persons living within the delimited area of impact shall be entitled to representation on the planning, zoning, or the ~ °' i planning and zoning commission of the city of impact. Such representation #: ~'~ shall as nearly as possible reflect the proportion of population living within a ~; the city as opposed to the population living within the areas of impact for " '? •(,' ~~~ :; ., ;~: ~~ ,~.r Stx ter` i.i'.t.4~' ~ rij.:J'~1tr t: 'ki ~r:_ ~"' MaL-="°rvrr~r°ivl~`,Y fti`;r ~' ~rrr rs ..,k ` ~ .r ~ „ r ~r ~ 'lay ry rum s ` ~` y .J.. z ~ ~ ,rt i• .< , . } .. s . r ~ r,., ~ ,,: `A i ~ ~t :r;, ~~ ~r ~: ;~ ;~ ~ ; 522 ,; 523 LOCAL PLANNING 67-6527 j ' i+ h plan that city. To achieve such proportional representation, membership of the ~' 1 son by planning, zoning or planning and zoning commission, may exceed twelve ounty (12) persons, notwithstanding the provisions of subsection (a) of section ~ t, and 67-6504, Idaho Code. In instances where a city has combined either or both ~i ' judo- ~:~ of its planning and zoning functions with the county, representation on the l i ( i 1 1; ': resulting joint planning, zoning or planning and the zoning commission . i oll '; shall as nearly as possible reflect the proportion of population living within nt ;', the impacted city, the area of city impact outside the city, and the remain- :~ n ~..a ~ ing unincorporated area of the county. Membership on such a joint plan- '~ Wing, zoning or planning and zoning commission may exceed twelve (12) 1 i otiate ~` persons, notwithstanding the provisions of subsection (a) of section ! e ;ils. If ; 67-6504, Idaho Code. [LC., § 67-6526, as added by X975, ch. 188 § 2 p. ', shall, :~ , , 515; am. 1977, ch. 155, § 1, p, 396; 1979, ch. 87, § 1, p. 212.] ~ { i djust- ;i~' :~'f ,ce by ~ Sec. to sec. ref. This section is referred to polity's powers by substituting the electoral ,+ °CtiOn ~t in § 50-1306. process for the declaratory judgment action ,f ~ ~ board ^~' '~ and such amendment tould be applied retro- ANnc YSis a'i . actively since it did not affect any vested '~;' ! m the ~'~+~ 3`• rights of city. City of Garden City v. City of Constitutional challenge. , j ollin g •~ Boise, 104 Idaho 512, 660 P.2d 1355 (1983), Effect of 1979 amendment. , in the •;- Negotiation. Negotiation. 1 ! • ; :t the ~~ Specinl election. The allocation of powers between cities and '~,+ e and ' ','•'' counties is a legislative task; the Legislature Constitutional Challenge. has chosen not to make negotiation with the '• ~~ ;~'~ lyd of `;~ city which sought to challenge constitu- county, under this section, a compulsory pre- . ~ ~ { tither ~~"~ tionality of this section lac;ced standing to requisite for annexation by a city under ~' tll by ;,~ assert the rights of property owners in the § 50-222. Coeur D'Alene Tndus, Park Prop- l i i :~~ over app ng mpact area and the city itself erty Owners Assn v. City of Coeur D'Alene e And ~+)~ , has no vested rights entitling it to present 108 Idaho 843, 702 P.2d 881 (Ct. App, 1985). :Cti0n ?!~' such challenge. City of Garden City v. City of ;, IIoise, 104 Tdaho 512, 660 P.2d 1355 (1983). Special Election, i f ~''~ ; Where city was availing itself of the bene- The substitution, by the 1979 amendment C ;; 1 amain °•~ ~ { fits of the Local Planning Act by establishing to this section, of the electoral process for de- ~ ~.ty '' 'S~ impact areas pursuant to that act, it could claratory judgment proceedings was not an i t l l f l d ' ll ; no aw s mu u taneously contend that the act was un elegation of police powers; since ; ~ i y unconstitutional. City of Garden City v. City all electors within the impact area are per- ', -e- y,,: of Boise, 104 Idaho 512, 660 P.2d 1355 (1983). milted to vote, no power is unconstit~riionally ' . giclal • delegated to one neighbor to determine the \ :~~+ ~ Effect of 1979 Amendment. limitation on another's use of his land. City of ' " .: :;~: In amending this section in 1979, the legis- Garden City v. City of Boise, 104 Idaho 512, ~ and ~~;• lature exercised its power to modify a munici- 660 P.2d 1355 (1983). ~tions .. ~ ' amen- ~-~ 67-6527. Violations -Criminal penalties -Enforcement. - A . ~ ~'~; vern- ,:;~~ ~ governing board may provide by ordinance for the enforcement of this chap- :~ • :;~~ l ter or any ordinance or regulation made pursuant to this chapter. Aviola- ~ t :as of ~ ~3 tion of any such ordinance or regulation is hereby declared a misdemeanor ~ '~ ' ,f city tH and the governing board may provide by ordinance for punishment thereof ; `~ by fine or imprisonment or by both, and may seek civil penalties for such .` ~ ins of ~~ ~ violation. Except that where property leas been made non-conforming by ~ ~? rea of '~ . ~ the exercise of eminent domain it shall not be a violation and no penalty ~ I ,r the j ' , either civil or criminal, shall result. In addition, whenever it appears to a ` ~ 3 ,anon '~ ; governing board that any person has engaged or is about to engage in any ! `~ rithin , ;.;, act or practice violating any provision of this chapter or an ordinance or ', ct for 'F ;: regulation enacted pursuant to this chapter the governing board ma insti- : ~ ~ • , y ^ •, ;~ N~ 1 ~ 1 I{ •~r • S .'r,. i ;3 ~ ~. - ~: ]y~, .. .. ~.