City Council met in regular session on March 4, 2024 at 6:00 P.M. in the Council Chambers of City Hall.
Mayor Lester presided:
Councilmembers present:
Dylan Canaday
Scott Winkler
Jared Andrews
Wyatt Perry
Councilmember via phone: none
Councilmembers absent:
Amy Farris
Beryl Grant
City employees present were City Administrator Kennedy, Public Works Director Mager, Chief Newman and Attorney Jessup.
MINUTES: The meeting was called to order and the Council minutes of February 20th were approved as presented by Councilor Canaday, second by Councilor Perry. Motion carried by a unanimous vote of the Council present.
FIRE MINUTES: On motion by Councilor Winkler, second by Councilor Andrew to accept the Fire Minutes of November 13 and 20, 2023 and January 8 and 22, 2024. Motion carried by a unanimous vote of the Council present.
PLANNING AND ZONING MINUTES: On motion by Councilor Canaday, second by Councilor Perry to accept the Planning and Zoning Minutes of February 27, 2024. Motion carried by a unanimous vote of the Council present.
VARIANCE DECISION JIM MOODY, 306 N MYRTLE: Application submitted by Jim Moody, 306 N Myrtle, to allow him to have a 6’x12’ deck, 1.5” from the property line and located within the 5’ setback.
Attorney Jessup provided procedural training for the Council. The City has elected to have Planning and Zoning (P&Z) review variances related to real property. In this case there is an application on encroachment into the setback. P&Z holds the hearing and takes testimony. The Council can’t accept new evidence, as it would disrupt the hearing process. All the evidence comes from the minutes and all the documents that were submitted with the application and during the public hearing.
Mayor Lester read the motion recommended by P&Z. Councilor Winkler questioned if the deck was the same size as the old deck. The P&Z minutes reflect it is. The Council reviewed photos submitted with the application and during the hearing. Councilor Perry stated he is in support of P&Z’s recommendation. He felt they brought up valid points in their discussion. Being 2’ off the property line would still be granting a variance, but he believes 1.5” is too tight. Councilor Winkler questioned the width of the alley. It was stated it’s 15’.
On motion by Councilor Andrews, second by Councilor Perry to accept P&Z recommendation to approve the variance for Jim Moody, 306 N Myrtle, with a 42” deck deviation in the setback which allows legal egress onto the deck. ROLL CALL VOTE: YES: Canaday, Winkler, Perry, Andrews. NO: none. ABSTAIN: none. The motion passed.
Attorney Jessup will look at preparing findings of fact and conclusions of law, if necessary, and have them signed by the mayor.
TREES IN THE ALLEY ADJACENT TO 306 N MYRTLE: Public Works Director Mager explained this is a functioning alley of the city; it has not been vacated. Even though it hasn’t been used for traffic, it could be at any time. Mager explained there are four trees in the alley adjacent to this property. His recommendation is that the tree closest to Myrtle Street needs to be removed. It is blocking the route into the alley. He wanted it clear that every tree is on city property. Jim Moody trimmed the three trees, but Mager still felt the tree at the street needed removed. It was suggested if Avista needed to do work on a line in the alley, they would just use the parking lot of Pleasant Valley or the LDS church. Mager pointed out the parking lots are private property and they do not have to grant permission for use. Mager and Kennedy felt the two trees closer to the house were ok, as they were trimmed and on the edge. Mager wanted it clear for any owners in the future that the trees are on city property and could be removed at any time. Councilor Andrews asked if there were utilities in the alley? Mager stated CenturyLink and Avista; the City doesn’t have any at this time, however Mager stated he’d never be in favor of
vacating the alley. Councilor Perry felt if the front tree was removed, the property owner could keep the other two trimmed. Councilor Winkler stated the city is the owner of the trees. He questioned if Mager could remove the tree if necessary. Attorney Jessup confirmed that was true.
Jim Moody asked if the tree could stay until it becomes an issue. There is enough room for a vehicle to get into the alley. The crack in the sidewalk is from a truck driving over it which he plans to fix. Councilor Canaday asked if someone tries to pull into the alley and hits the tree, is the city liable? Attorney Jessup stated no because it was there and obvious. If a tree falls on something, then the city would be liable. Mayor Lester stated no one wants to take trees out but sometimes it happens. Jim Moody stated it takes trees a long time to grow. They are a thing of beauty and he would like them to stay if possible. Mager stated this area is very busy with youth baseball and soccer events, with cars parked everywhere and it’s a one-way street, which is why he recommends removing the one tree. Mayor Lester questioned if it was easier to sell the house without the tree or if the city came in later and removed it. Jim stated he discloses everything, so he’d disclose it no matter what in the sale. Councilor Andrews would like someone at the property to know, whether it is Jim or a future owner, that the trees could be removed at any time in the future since they are in the alley.
On motion by Councilor Canaday, second by Councilor Perry to remove the tree closest to Myrtle Street that is adjacent to 306 N Mrytle. ROLL CALL VOTE: YES: Canaday, Winkler, Perry, Andrews. NO: none. ABSTAIN: none. The motion passed.
BEER AND WINE LICENSE: On motion by Councilor Andrews, second by Councilor Perry to approve the beer and wine license for Cerecero Corporation d/b/a Palenque pending state approval. ROLL CALL VOTE: YES: Canaday, Winkler, Perry, Andrews. NO: none. ABSTAIN: none. The motion passed.
SWEEPER UPDATE: Public Works Director Mager found out the new sweeper probably won’t arrive until September. He plans to roll over the sweeper into new budget to be safe. He originally planned to have it in May or June.
The old sweeper is on its last leg and Mager isn’t sure it will hold up to normal use if we run it like we normally do. Mager is suggesting we run it only when necessary, which would be 4th of July, the triathlon and on the hills. This would leave a fair amount of rock on the roads. The department could put a lot of money into it and use it, but right now we are getting $5,000 for trade in. There is a sweeper box on the skid steer that can be used for small areas. He does plan to pick up heavy rock on the hills and around the parks. Councilor Andrews asked what it would cost to fix it enough to use it. Mager stated the entire under carriage would need replaced. It’s already been rebuilt 3 times since he’s been at the city. If the city was keeping it, it would take about $6,000 to rebuild. Mager asked for the Council’s opinion, since there is a lot of rock out and they may get complaints. If it’s not fixed, there will be messiness about town. Mager explained normal sweeping would be about a month straight and he didn’t feel she’d hold up. He would like to baby it to pick up just the hills and parks, that way it won’t be broke for the triathlon and border days. Mager was told to use his best judgement. Councilor Andrews didn’t see the sense in spending $6,000 when we are trading it in for $5,000.
BEER & WINE LICENSE TRANSFER FROM THREE MILE: On motion by Councilor Perry, second by Councilor Winkler to approve the beer and wine license from Three Mile to Muffin Tops This Bakery & Restaurant, pending state approval. ROLL CALL VOTE: YES: Canaday, Winkler, Perry, Andrews. NO: none. ABSTAIN: none. The motion passed.
The meeting adjourned at 6:55 P.M.
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Wes Lester – Mayor
ATTEST:
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Tonya Kennedy – Clerk
