Public Hearing—Variance Application

After a project description by the mayor, staff reports from Shelly Williams and Brett Evanson were presented.  Testimony from those in favor and opposed was then given.  The project up for discussion was at 430 N Main Street.  The applicants, Michael and Rosemary Wells, requested an easement to request the use of the access road as a driveway for a property which does not have a street address, which is not in adherence with stated ordinances.  

Shelly Williams reported that PZ recommended against recommendation.  The easement itself was not found to be legally owned by the applicants, and not allowed as a driveway under the city code.  Issues of a “flag lot” were involved in the determination.  PZ’s prior hearing on the subject had ten or twelve attendees who were opposed to the decision.

City Attorney Brett Evanson added to the discussion that the size of the easement was an issue.  A fifteen foot wide easement is required by the city, while the state code calls for twelve.  Whether the road would constitute a driveway or an access road affects the footage required, however, with access roads requiring twenty feet.  Evanson contacted the Fire Chief to discuss the issues, and John Williams contacted the Region 3 Deputy Fire Marshall.  In Shimanski’s opinion, the road would constitute an access road and require twenty feet of width.  

The Wells’ responded to the information presented.  Rosemary Wells expressed her opinion that the easement was not “owned” but a right attached to the ownership of the property in question.  She claimed that the easement was potentially being “taken” by the city.  The Wells’ indicated that they disagreed on a number of matters of law and interpretation with both the city and the planning and zoning commission.  As a result of those differences in interpretation, the Wells stated that they would pursue the issue further legally.  The issue at heart is whether the lot can be sold by the applicants for development with the easement to be used as a driveway in order to allow building on the site.  The Wells’ stated that they were interested in selling to buyers for home construction, but if the easement was not granted they would take just compensation for the lost revenue as a result of the inability to sell the property.

Brett Evanson reiterated that the council was hearing the issue of whether the easement satisfied the requirements for building, and the city was not in a position to “take” the easement, but could determine whether it met the qualifications for building on.  Evanson stated that there are different types of easements, but that this was a fifteen foot easement for accessing the property.  Shelly Williams stated that the current ordinance holds that an easement cannot be used as a driveway.  

A number of people with interest in the property spoke at the meeting in opposition to the variance.  

Disagreements over the language involved in the easement, the city ordinances, and the legal status of various elements of the situation were at an impasse during the hearing, which was closed as a result.  The council felt that they were ready to vote on the issue.  Lance Tripp motioned that the variance be denied, and the motion passed.

The Wells suggested that they would seek a judicial remedy following the council’s decision.  They requested the recordings of the Planning and Zoning and City Council meetings in order to be provided with them.  A FOIA request will need to be filed.

Sheriff    

Sheriff Jones reported that the Fourth of July week had gone well, and there were few reported incidents.  There were no fires reported.  A couple of accidents were reported involving side by sides.  The sheriff reiterated that the vehicles required a drivers license to operate.  Any passengers under 18 are also required to wear helmets.

The sheriff stated that his department was ready to discuss the budget whenever the city was ready to do so.  Likely, this would take place at the August City Council meeting.

PZ

Shelly Williams reported on a few topics which had been brought up over the last month.  A manufactured home has been requested to be placed sideways, which goes against the ordinance stating that homes need to be in similar orientation to neighboring homes.  The front door will be facing a different direction, which is non-conforming.  A powerline is the problem, as it requires a certain amount of distance from the residence.  The applicant is seeking a variance to accommodate the issue.

Recreation 

Lance Tripp spoke on behalf of the Recreation Department.  The sprinkler system for the pickleball court was in progress.  Cameras in the location were also in the process of being set up.  The light poles for the court are leaning as a result of being placed in sections.  Spot welding has been quoted to address the issue, which is not a defect of manufacturing, so not covered by a warranty.  $8,300 was the quote for fixing the poles.

There is still money in the Parks budget to potentially fix the problem, especially since hydroseeding grass will be delayed until next year.  

Some of the solar panels are in need of being replaced as well.

Superintendent

Signs for speed limits on city streets are ordered but not in yet.  The swamp cooler in the concession stand at the Park is being prepared for the season.

Tyler stated that the city needed to come up with a system to deal with road encroachment.  As an example, a sewer problem right off a city street resulted in damage to city infrastructure, and incorrectly filled hole by the repair contractor.  There is not a mechanism in place in the city code to account for liability from contractors performing maintenance or repair that impacts city assets.  

A permit to cut into city roads was his suggestion, creating a bond to cover any unexpected damage.

Tyler Webster also suggested that the city should look at the fees associated with the cemetery.  

A window was broken on city property.  

Brett Evanson

Evanson stated that he would begin working with Tyler to create a permitting process for work by outside contractors impinging on city property.

Evanson reported that the Wells’ had filed a report for Government Taking Analysis, which is used to review any decisions a citizen feels has resulted in inappropriate “taking” of private property.  Evanson suggested that the document be responded to as soon as possible, and returned to the Wells’ to provide the city’s explanation.  Evanson stated that the Attorney General’s office has a guideline for evaluating government taking, which he encouraged the council members look over before looking at the analysis.

Code Enforcement

John Christophersen reported 68 total calls, 23 nuisance calls, one dog in the pound at the moment.  Four water warnings were issued.  “I’ve not had as much going on with dogs, it’s mostly been water.”  Christophersen has also been working on addressing trees and vegetation at intersections that potentially block driver views.  He requested a misdemeanor infraction for tree ordinance issues.  Evanson stated that the ordinance would need to be amended in order to make that possible.  Sheriff Jones clarified that the sheriff’s office would need to actually issue the infractions.  Tyrell Neal voiced the opinion that if the additional enforcement possibilities would help, he thought it was a good idea to hold a hearing on changing the ordinance.  Christophersen mentioned a few specific places in town that were creating potentially unsafe driving conditions as a result of trees, and others with outstanding violations of the nuisance ordinance for grass and weeds.

Trees

Local arborist Trevor reported back on the tree root injections he had performed since his initial meeting with the city council.  He reported that there had generally been a good response to the root injections from the trees on city property.  He believes that some of the drip lines that water the trees need to be relocated in order to provide the best outcome possible for the city’s trees.  Lance asked Trevor to send him official quotes for anything that he sees in need of addressing.  The exact nature of how funding the services would be arranged was discussed.  There is a grant in the process that might cover the costs.  It was agreed by the council that the trees themselves were a big investment, and it was worth giving them the attention and professional oversight they needed.

July 4th

The council discussed the Fourth of July event.  One of the discussion points was that during the events, the stage shared by a number of different people ran into some conflicts.  Specifically, cords and cables from bands made the stage difficult to use for dancers on the stage.

Tyrell Neal suggested that a Fourth of July Events Committee might be formed in order to deal with some of the logistical and planning details.  The event had previously been under the organization of the Chamber of Commerce, which was not planning to take it up again.  The Chamber has been revitalized under new leadership, and is reported to be interested in other activities in preference to a large singular event like the Fourth.  

The committee was tentatively sketched out, with a number of suggestions that were well-received by those in attendance.  Six to Eight people were suggested for the planned committee.

Sound levels at the events were discussed.  Apparently, some of the sound system components were not working correctly during some of the events.   

Audit

The city spoke with the auditor responsible for conducting the city’s audit.  The audit was positive and found no issues with the city.  The report was approved.

Dredge

The ongoing issue of the Dredge property in town was discussed.  Earlier meetings had covered issues related to a dirt bike track located behind a residence.  Jessie Dredge was notified by the city that noise, dust, and other issues had violated the city’s nuisance ordinances and motorized vehicles needed to be discontinued on the property.

Dredge has changed the activities taking place on the property in order to align them with the city’s description of parks, which would allow the current usage of the property into compliance as far as city ordinances.  

Lance Tripp stated that he felt the city’s letter was in direct response to the presence of motorcycles, and that the fact they were no longer being used obviated the main concerns on the park of the city.  Lance felt that the current use might fall into parks and playgrounds more than it originally had.  

Tyrell Neal questioned whether a park or playground needed to be on city property.  He was also not necessarily convinced that it met the definition of Park.  Evanson clarified that the designation was part of the zoning ordinance as a permitted use, which simply defines activity that does not require a special use permit in order to take place on the property.  Whether the new, current uses constituted the need for a special use, or qualified under permitted uses.  It was stated that the new current uses don’t rise to the level of nuisance, but potentially might go against the zoning ordinance itself.  

The council expressed a certain amount of frustration about the situation, as some members asked whether both sides had come to a place where compromise was no longer possible.

The complaints revolved around the airborne dust, the noise, and a few other issues.  The property owner has agreed to eliminate motor vehicles, and install astroturf to obviate the dust problem.

A tentative arrangement to move forward under those conditions was arrived at.

Ordinance 474 is the relevant code.

Misc

A motion to fix the pickleball courts and lights for just over $8K was approved.

A sewer backup has been determined to be related to the coupler from the main line.  Superintendent Webster expressed the opinion that the coupler’s installation was not the problem, and that it had been fine during its expected service life.  He stated that the tree roots were the issue, and they were not planted by the city, but by residents.  

According to the bylaws Miriam Teeples, BriElle Ferree, Lindy Nimer, Emery Hanks needed to be approved as new members of the Mayor’s Youth Council.  A motion to do so passed.

Business Licenses were approved for 4 new businesses.

The August meeting is scheduled for Fair week, which creates some scheduling issues.  The meeting will largely be devoted to the budget, so requires as many in attendance as possible.  The council decided to leave the day and time unchanged.

Jennifer Hill spoke to the council about renting equipment from the city to pilot a gymnastics program.  Since the equipment exists and is not being used, Hill wanted to use it rather than purchase new equipment outright without knowing whether the program would be viable going forward.  A price of $500 a year was suggested.  Other members of the council suggested that the equipment should be leased for much cheaper than that.