11-22-2010 Council Minutes - Laserfiche WebLink

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COUNCIL MINUTES November 22,2010 APPROVED 136 ,i37 Council Member Gallup moved to adopt the findings as stated. Council Member O'Donnell 138 seconded the motion. Motion adopted upon a unanimous voice vote. 139 140 Mitchell Sawh announced that he will be appealing the decision and he requested that his dog not be 141 destroyed. Chief Strege remarked that the dog wouldn't be destroyed that night but that an appeal 142 would have to be made soon. 143 144 PUBLIC SERVICES DEPARTMENT REPORT,RICK DEGARDNER 145 146 There was no report from the Public Services Department. 147 148 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA 149 150 Item 6A,Resolution No. 10-104 Adopting an Expense Report for Costs Incurred in Carrying 151 Out and Enforcing the Hazardous Buildings Proceedings against the property at 645 Oak Lane 152 -City Engineer Studenski explained that this property included a hazardous building that was not 153 removed by the owner; the court granted the city the right to raze the building. That has been 154 completed and accurate accounts having been kept of the expenses. Council is requested to authorize 155 submission of the expenses to the court for approval. If they are not paid by the property owner, they 156 will be assessed to the taxes. 157 158 Council Member Roeser moved to approve Resolution No. 10-104 as presented. Council Member 159 Gallup seconded the motion. Motion carried on a unanimous voice vote. 160 161 Item 6B,Resolution No. 10-106,Determining that an Off-Road Vehicle Riding Facility is Not 162 Aollwed in an R-1 Zone—City Planner Smyser explained that is a situation where staff is asking the 163 city council to make a determination about a use that is not included in the zoning ordinance. There is 164 a site that is zoned R-1 where a property owner has created an off-road riding course and that has 165 generated complaints from neighbors. Staff has reviewed the situation with the assistance of the city 166 attorney and has found that this type of use is not appropriate in an R-1 area. The resolution before 167 the council makes that an official determination. 168 169 Char Foster, owner of the property with the riding facility, addressed the council. She first explained 170 that she was not notified when this matter was considered by the Planning& Zoning Board. That 171 concerns her as well as the fact that the city planner did not send her information that she requested. 172 She showed a map of the area in question, noting that there is much open space surrounding the 173 property. Her neighbor, who is in the audience, operated heavy equipment on his property for a while 174 -she didn't complain. There was also a saddle club in the area for a while, with announcements and 175 activities occurring very frequently, but there were no complaints about that. She feels she has good 176 communication with most of the neighbors. She recalled that her husband bought the property so that 177 they could eventually subdivide but then found out that would not be possible even though the area is 178 zoned residential. Homes with smaller 1/4 acre lots were built long after she came to the area and they 179 have caused the deer and raccoons that used to have ample space to come onto her property in mass. 80 Regarding the track, it is a family facility used by her son, her grandson and a few friends and their 4