03/02/1999 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 3/2/99 Mr. McKay asked that BZD Chairperson Gareau take Ordinance 95-117 into the committee for review. Chairperson Gareau agreed to do so. Mr. Gareau noted that Mr. Barrow from Developers Diversified has been very cooperative in the past when he has had questions or concerns. He is glad that Mr. & Mrs. Gabriel had some measure of success with him and Developers Diversified. Mrs. Saringer asked Mr. Gabriel about a timeframe and he responded that the fence will go up in the spring when the weather breaks. Regarding the process of approval for the fence addition, Mr. McKay said that perhaps it could be accomplished through a minor change. Mr. McKay said that, for the record, he felt it should be noted that it was Home Depot that has agreed to erect the fence, not Developers Diversified. In the minutes of the Architectural Review Board, Mr. Barrow is quoted as saying he would never put in a solid fence. Mr. Gabriel agreed that Home Depot should get the credit for putting in the solid fence. Mr. Limpert agreed that, if this can be accomplished through a minor change, we should do so and make it easy for Home Depot since they are not legally obligated to add to the fence. (Mr. McKay gave a copy of the landscaping plan to Mr. & Mrs. Gabriel.) Barbara and Scott Sees, 25600 Country Club, have also talked to Council members about the constant running of semi-trucks that starts at 7:30 a.m. every morning. They have logs and a video of this activity which has been going on since last May. This noise makes for a very disturbing day-there is no peace and quiet in their home. They want some help. Mr. McKay questioned whether Mrs. Sees was concerned about this activity during the daytime hours and said there has to be some reasonable compromise. Mrs. Sees said she has done research and the semis can be shut off and restarted when the unloading is complete. Law Director Gareau said he did not know how you would ever write a piece of legislation that would be effective that would control the operation of a motor vehicle or a diesel for any length of time during the daytime hours. It would be difficult to patrol. Mrs. Sees said that some of the trucks, Pepsi and Frito Lay, do pull up, stop and immediately turn off the engine. Law Director Gareau noted that an ordinance would affect the entire city-not just a certain subdivision. When a law is passed, it is of general application. If not, then you are depriving those people who you are zeroing in on of equal protection of the law. The law must apply across the board. The city would probably need two or three more people on patrol to enforce such a law. Mrs. Sees felt the Law Director's comments meant that they have to suffer with this problem. They have called the police on numerous occasions and have not gotten any satisfaction. Mr. Miller noted that this issue had been discussed at some length after the last Council meeting. After that, he had discussed with the Law Director whether Council could legislatively help resolve the problem. It seems that the problem is that the city cannot legislate trucks in a business district from running their engines. He has previously suggested to Mr. & Mrs. Sees and again suggests that Marc's be approached to make them aware of the problem. Perhaps Marc's can add a sign to the back of their building which will alert the truck drivers. This may not completely solve the problem, but it may help considerably. He offered to meet with Marc's management along with the homeowners' association. Cooperation should be the first step that we take. Mrs. Sees said that she has called Marc's and every individual trucking company but she is willing to try again. ~„ :t~ 7