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HomeMy WebLinkAbout1993.10.20 CITY COUNCIL MINUTES City Council 10/20/93 7:30 P. M. i i State of Idaho) County of Madi:aon( ss City of Rexburg) Present were the following: Mayor: Councilman: City Clerk: Attorney: Finance Officer: Pledge to the :Flag. Nile Boyle Glen Pond Nyle Fullmer Bruce Sutherland Farrell Young Brad Liljenquist Rose Bagley J. D. Hancock Richard Horner A motion was made by Bruce Sutherland and seconded by Nyle Fullmer to approve the minutes. All Aye RE: PUBLIC HEARING TO CHANGE ZONING ORD. #725 - BUFFER ZONES AND R.V. PARKING The first order of business is the Public Hearing regarding proposed amendments and changes of City of Rexburg, Idaho, Zoning Ordinance No. 725, to provide as follows: That Sections 4.7 A.1 and A.2 of that ordinance be amended to provide for fencing and/or screening requirements in certain zones; and that Section 4.8A. of that ordinance be amended to clarify the fact that the period of time for parking of recreational vehicles in residential zones is 16 days in a calendar year. Mayor Boyle read a letter from Alan Palmer. (copy attached) Bart Lindermen•- 241 South 4th East- I sat through the Planning & Zoning meeting and heard their recommendation. I would like to make a recommendation to the Council that they consider a more extended period than they have recommended of four days with 30 days maximum per year. We are not just talking about travel trailers, but also boats and snow machines, four wheelers etc. Sixteen days per year is too short. Rose read the motion that was made in the Planning & Zoning meeting. "A motion was made by Richard Smith that the R.V.'s be allowed to be parked a maximum of 30 days per calendar year with four consecutive days. Seconded by Mary Ann Mounts. All Aye" The mayor asked for any other comments. Glen Pond commented that under the current ordinance, there is a problem with enforcement. We have not rectified that problem. Lengthening out the time period gives some advantage more so than the current ordinance. He did not think we were in any better position to enforce it than at 16 days. He felt there should be something in the ordinance to help us police it. Jim Long asked the City Attorney what we would have to do step by step to enforce it. Mayor Boyle stated that if he were speeding past the school, they can't give me a ticket unless they can prove no one has speeded past that school in the last week. That part of enforcement does not hold weight at all. It would have to be enforced, if a citation was issued it would have to be rated on it's own. To go and prove every place in town, you could not do it. There is no way on every traffic ticket that they could do that either. J. D. Hancock said you would just have to prove beyond a reasonable doubt. If a person parked his R.V. for more than 30 calendar days or more than 4 consecutive days that would have to be done by a police E~ officer who checked the particular residence at a particular time or it could be done by a neighbor across the street, who kept a log and personally observed the R.V. Any citizen can sign the complaint for violation of the law or any law enforcement officer is authorized to enforce it, bui~ you would have to have the proof. Glen said it i:s probably like the nuisance ordinance, if you have someone that complains, generally we are not out patrolling, because what might be a nuisance to one person, may not be a nuisance to another. Basically you have to rely on someone telling you there is a problem so we c:an proceed with enforcement. Jim Long stated if I were a citizen and I wanted to make a complaint against my neighbor, but I really did not want my neighbor to think I was a real bad guy, could I give the Police Department notification and request that they keep a log then I wouldn't keep a log and then I wouldn't have i.o file a complaint? The mayor said you could do that, but as soon as the city was notified, we would do the same thing as we do on the nuisance law and that is write them a letter telling them they are in violation and they would have a chance to rectify it immediately. We probably won't go out and issue a citation the first time we are ca:Lled. The survey showed that they want the ordinance enforced. Nyle Fuller stated that he was still opposed to that portion of the ordinance. RE: MOTION PASSED TO ACCEPT P & Z RECOMMENDATION CONCERNING R.V's A motion was made by Glen Pond that we accept the Planning and Zoning's recommendation for the change in the ordinance to a maximum of 30 days with 4 consecui:ive days. Seconded by Bruce Sutherland. Those voting aye, Bruce Sutherland, Brad Liljenquist, Glen Pond. Those voting nay, Farrell Young and Nyle Fuller. Motion carried. The other part of the amendment of the ordinance was the Screening requirements on parking area 4.7 A.1 and A.2. John Millar reported on the recommendation made by the Planning & Zoning on this part of the ordinance. They recommended to pass that as it was written. That situation would have to come before Planning & Zoning. Nyle Fullmer made a recommendation that we accept the recommendation by Planning & Zon:Lng, seconded by Farrell Young. Those voting aye: Nyle Fullmer, Farre:Ll Young, Bruce Sutherland, Brad Liljenquist, Glen Pond RE: ORDINANCE #753 AMENDING ZONING ORD. #725 PASSED. (BUFFER ZONES AND R.V. PARKING) Mayor Boyle read Ordinance No. 753 AN ORDINANCE AMENDING SECTION A.7 A.1. and A.2 AND SECTION 4.8A. OF ORDINANCE NO. 725 OF THE CITY OF REXBURG, IDAHO, RELATING TO FENCING AND SCREENING REQUIREMENTS, AND PARKING OF RECREATIONAL VEHICLES; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. A motion was m~sde by councilman Bruce Sutherland and seconded by Brad Liljenquist that the rules requiring and ordinance be of a general and permanent nature to be read on three occasions be dispensed with and that said ordinance be numbered 753. Those voting aye: Brad Liljenquist Bruce Sutherland Farrell Young Glen Pond Nyle Fullmer Those voting nay: none Ordinance 753 was then placed before the council. The mayor then called for the voting for final passage of the ordinance, and the £L~ motion was made by Brad Liljenquist and seconded by Glen Pond that ordinance 753 be passed. Those voting aye: Bruce Sutherland Farrell Young Nyle Fullmer Brad Liljenquist Glen Pond Those voting nay: None The roll showed all councilmen present voting "Aye" carr-ied, the Mayor declared that i:.he majority of all the members of the City Council had voted for the passage of said ordinance was duly and regularly passed. Mayor Boyle declared the motion carried. RE: COUNCIL ENCOURAGES "TRICK OR TREAT" DAY TO BE OCTOBER 30 The mayor told to the council because Halloween comes on Sunday, some cities are adopting Saturday as Trick or Treat Day. He asked the council if they wanted to do that? He had talked to the Chief of Police and they are expecting the crowd to be out on Saturday. On Sunday evening there would not be many police out. A motion was made by Bruce Sutherland and seconded by Nyle Fullmer for safety we encourage Trick or Treat day to be done on Saturday October 30. All Aye RE: PROPOSED MOTEL & TRUCK STOP ON SOUTH, WEST MAIN We have a request from a Developer through there Real Estate Agent who wants to development on West main across from the Golf Course and to the West, just before you go onto the Freeway. There is about ten acres, where they want to put a large motel and a truck stop. They are requesting that the city extend out to them water and sewer. It would cost about $120,000 to $140,000. They would probably apply for an Economic Development Grant because they would create a lot of jobs. We would have to decide if we would let them hook on to city water and sewer if they are out of the city or decide if we want them to annex the property before we let them hook onto the city water and sewer. We need to get the Impact Zone done. Nyle Fullmer stated that we need to encourage them to annex. Bruce said he felt the same. RE: NEW MEMBER APPOINTED TO A.D.A. COMMITTEE Mayor Boyle told the council we need to appoint Deanie Geisler to the A.D.A. Committee. She has a sight impaired child. A motion was made by Bruce Sutherland and seconded by Nyle Fullmer to make the appointment. All Aye RE: WATER PRESSURE IN SHERWOOD HILLS The mayor asked Brad Liljenquist if they did a check on the water pressure up in Sherwood Hills. Brad said they did a couple of checks. They checked Rob Webster's house, who does not have a pressure reduction valve and it was 115 pounds. They checked Brad's house which is about the same elevation and it was 85 pounds. They checked Aimans house and it was 85 pounds of pressure. Janet Webster said the only difference she can tell is her glasses fill up faster. The mayor explained that the water pressure in Sherwood Hills was not substantial to provide enough water to do any fire fighting up there when we checked the fire hydrants pressure. We ran a water line to connect those 'two zones to increase the pressure there, so they went from about 30 :pounds to about 100 pounds of pressure. We transferred it from the central zone to the upper zone. Some people were concerned about the increase of water pressure. They felt because we caused the problem we should pay part of their reduction valve. Glen stated that those people came into us originally and requested that they get more water pressure. We told them there was no way for them to get moire water pressure. He felt that somewhere along the line we have some ra_sponsibility. ~' John said any water pressure under 100 you can work with. Water heaters are geared for 100. Anything over 100 should get a water reduction valve. They cost about $35 and you have to get them installed. Brad stated that he did not feel we have any responsibility,, there are people in the city that have put them on themselves. Nyle agreed with Brad. All the homes on the upper end of that addition would be affected, which would be about 5 homes. It was felt that we should table it and check it out a little more. RE: DEQ BILL DISCUSSED The mayor stated that DEQ sent us a bill assessing us $3 a hookup to send to them to get enough money to police the water quality standards. At the AIC convention there was a motion to not pay that. It has come to if we don't pay it DEQ is going to lay those people off and turn it back to EPA. John said basically that would take State Health out of the loop on water and we would deal strictly with EPA. The mayor explained the way the law reads I'sPA requires testing of every well with substantially more testing. The state says if they maintain primacy and they do the first test and there is no problem with the water they will do waivers so you don't have to do subsequent tests. A test on every with EPA requirements i:a about $8000 per well. One fourth of this bill is $1886 to DEQ. When Nile was over to Boise at the Legislative meeting, they voted to pay the bill on a quarterly basis under protest and then go to the LegislativE~ and try to come up with some other method of funding it. RE: DISCUSSION OF FALL CLEAN UP - FREE PICK UP? The mayor statead that in the spring we have a clean up and don't charge. We have had some requests this fall for hauling yard debris. The council fe:Lt we could do it if the street department have time, but if there are more important things they need to do, we could not. Glen Pond reported that the Personnel Committee would like to go into executive session. A motion was made by Glen Pond and seconded by Bard Liljenquist to pay the bills. A1:L Aye Glen Pond made a motion to go into Executive Session. Seconded by Nyle Fullmer. All Aye After Executive Session was completed, the council went back into regular session. A motion was made by Brad Liljenquist to adjourn, seconded by Farrell Young. All Aye. ~~ Mayor, ile L. Boyle i r ~/ City Clerk, ~f~e gley .. t Letter to Rexburg City Council and Planning and Zoning Committee To be read by my good friend Bart Linderman. Re: Clarification of zoning ordinance about travel trailer parking on private residential property. 20 October 1993 Dear Sirs: Once again the issue; of parking travel trailers in private driveways has become an issue in ciur fair city. Once again I would like to express my thoughts and feelings on this issue. I believe that the travel trailer issue has no place in a city, county, or state zoning ordinance. It belongs in restrictive covenants in individual parcel developments. Clarification of the existing zoning ordinance is a useless wasted effort. Consider the following: A.) The existing ordinance is clarified to mean that trailers are allowed to be parked in private driveways no more than 16 days per year. WiII the ordinance mean that A specific trailer can be parked in any driveway only 16 days? Wi11 the ordinance say that a drive way can only have a trailer parked in it 16 days? Will the ordinance say that a specific trailer can be parked in a specific driveway only 16 days? 1~Vhat organization do we have in our city to track the number of days every trailer in town is parked in a driveway? NONE! So no~v we have to rely on informers to complain to the city that someone is not in compliance. The ill will generated by a few do-gooders will largely offset any benefit the city or neighborhood would receive by not having trailers in driveways. B.) The existing ordinance is clarified to mean that trailers are allowed to be parked in private driveways no longer than I6 days per month. Again are we talking specific trailers in specific driveways or are we talking any trailer in any driveway? Again who or what organization :is going to inspect and keep track of trailers and driveways? NONE!, except the neighborhood busy-body, spreading ill will throughout the community. Now supposing a city police officer comes to my home to give me a citation for parking my trailer in my driveway contrary to the zoning ordinance. I would then take the Following steps. 1) I would ask for proof of non-compliance. I would want to see a daily log indicating which days a specific trailer was parked in my driveway. 2) I would want tl~tcity to provide a certificate of non-discrimination. This statec~lent would indicate that the ordinance vas being enforced throughout the entire city in an equitable manner. Again I would want to see the daily Iogs of alI driveways in the city and the days trailers were or were not parked in each of them. 3) If either of the above two items. was not complete, I would consider hiring a lawyer to defend my rights and sue the city. ~~ If I really were committed to parking my vehicle in my driveway, I am sure that I can figure out: how to work all the loopholes in the zoning ordinance. For example: What is to keep me from parking on the street during the day and in the driveway during the night? Does that count 1 day each place or only 1/2 day each place? I park my trailer in my driveway 16 days a month and in somebody else's the other 15 days. The other person does the same. Let's get reasonable about this whole issue. Conditions of parking of travel trailers in private driveways does not bel~~ng in the zoning ordinance and should be.removed from it as quickly as possible. Yours Truly, Alan D Palmer dhf'~ - __ ~.. 1 J f ,~" October 20, 1993 City Of Rexburg Attn: Rose Bagley Dear Rose, 1 Could you please have thA attached letter read in the Planning and Zoning, and C:Lty Council meetings scheduled for October 20th concerning the RV parking ordinance, as I regretfully will not be available to deliver it in person. Sincerely, _ VANCE WITBECK 260 APACHE AVE REXBURG, ID 83440 1 `~ October 20, 1993 Dear Planning & Zoning/City Council, I am concerned about your recent proposal to increase restrictions on RV parking. Although stated in your public notice as a mere clarification it is actually a major change increasing restrictions on the citizens of Rexburg. I have in compliance with the existing ordinance arranged for long term parking for my trave]. trailer, however when I am between trips it would extremely inconvenient for me to have to move it out of town and then retrieve it in just a few days. The current law clearly allows me the privilege of being able to park it in my driveway :for these short periods of time. I can understand the desire to have long term parking of RV's discouraged in front yards, the current law does this however and imposing further restrictions serves no useful purpose. In an effort to solve the long term parking problem in my yard I have removed a beautiful 35 foot birch tree and am working on the removal of shrubs necessary to forge a road through my front yard to allow parking to the side. What a sacrifice to make for the "beauty" of the neighborhood. I hope you will reconsider your proposal and realize additional government control upon the homeowners of Rexburg is not always in our best interests. Sincerely, VANCE WITBECK Dear City Council Members; r, 1 1 I am unable to attend this meeting but would like to voice an opinion regarding t:he changes to the RV Parking ordinance. Please read this letter in your meeting. I feel that there are other rules governing derelict vehicles and other safety concerns without making the current RV Parking ordinance more restrictive. ..'Sixteen days in a year' would not be practical for a family to enjoy camping or boating for a summer season. The verbiage 'sixteen days in a period' takes care of any problems in the winter. The current verbiage should be left as it is written. Since ely, ~ ,~- ~n~~oct k. ~~,C'i~ s - ~- Anthony ~. Perkins ~~ 86 Birch Ave. `~ Rexburg, Idaho n~ a~ ~~"~,, '° i~// ~~~ D ~''~ .,