01-12-89 Parks Comm MinutesPARKS, PUBLIC LANDS/ANNEXATION/ZONING/BUILDING REGULATION COMMITTEE
MEETING
January 12, 1989 4:00 P.M.
Present at the meeting were Councilmen Furlong (Chairman), Nystul,
Gunnerson, Atkinson, City Attorney Neier, Mayor Kennedy, Building
Official Craig Kerzman, Fire Chief Ted Waggener, Det. Rob Fredenberg,
David Greer, Craig Semenza, and Wayne Wolvert.
ITEM #1: REQUEST FOR B-3 USAGE
Wayne Wolvert spoke in favor of the B-3 zoning change. He said he
didn't see the big difference between auto repair and auto body.
David Greer said the City -County Planning Board had evaluated the B-3
Zoning classification and concluded that a B-3 zoning classification
is primarily a retail business and office classification and the
Planning Board's recommendation to the Council was not to amend the
Ordinance. Wolvert said having a body shop there would create revenue
for the other businesses in that area. C. Furlong said that if we
allowed it in this spot then we are obligated to allow it anyplace
else in B-3. Greer said if it's allowed as a conditional use, what
happens 10 years down the road if there is a new owner there.
Wolvert asked what was the fine line between auto repair and auto
body. Greer stated a body shop has paint booths, outside storage of
vehicles, and noise that would not be generally associated with auto
repair. There was more discussion regarding auto body/auto repair
zoning.
MOTION: C. Gunnerson moved the Committee pass to the Council the
recommendation of the City -County Planning Board to deny the Text
Amendment. C. Atkinson seconded. Motion passed unanimously.
ITEM #2: BUILDING CODE VIOLATION
C. Furlong presented the memos, etc. which had been sent regarding
the building code violation of the Lence Office Building at 69 N.
Main. There was a discussion regarding the easement between Lence
and the Rax Restaurant. C. Atkinson asked if there was any cost
involved, Neier said Lence would have to pay Rax. C. Furlong asked
if the City would have to be a part of any subdivision of that lot,
Neier said not a boundary line adjustment. Greer said they review
all boundary line adjustments to make sure they comply with all
codes.
C. Nystul asked what the penalty was for doing something contrary to
the building code. Neier said he could be charged. C. Nystul asked
if it was reasonable to demand that Lence return the building to the
previous condition. Neier said Lence would have to close the windows
up.
C. Nystul asked about the discrepancy in the building permit fee, if
that was a fraudulent act by saying it cost $40,000 when in fact it
cost four times more. There was a discussion on this. C. Gunnerson
asked if the windows were not part of the original plan. Craig
Kerzman said they were on the original plan but he told Lence that
the building codes would prohibit those windows. He said they then
. framed in the walls so it would be easy to put in the windows if it
was found to be acceptable later on. Craig Semenza stated the
windows were designed so they were easy to put in.
C. Atkinson asked about the stop work order that Kerzman issued on
November 18, 1987. Kerzman said that was issued because they did not
have a building permit, not because of the problem with the windows.
At this time C. Gunnerson left the meeting, and it is so recorded
that he was not in favor of granting the variance.
There was further discussion regarding putting brick veneer on the
north wall without going across the property line, Kerzman said there
was 5" between the wall and the line now. Ted Waggener said he had
no problem with the way it is now, but if someone moved in next to
the building there would be a problem.
There was a discussion regarding enforcement of the building code
violation. C. A. Neier stated the Mayor should write a letter to
Lence regarding the violations, and if nothing is done to correct it
then the City could sue him through District Court or City Court. He
said the proper remedy is for Lence to close in the windows.
There was further discussion regarding the recourse for getting the
money for the building permit which Lence had not obtained.
40 There was a short discussion regarding surveying the property line.
MOTION: C. Nystul moved the Committee express its support to the
Mayor for vigorous enforcement of the building code and to further
recommend that the Council as a Whole express its support to the
Mayor for the vigorous enforcement of the letter and the intent of
the building code. C. Atkinson seconded. The motion passed unanimously.
ITEM #3: REQUEST FOR FUNDING SURVEY AND LEGAL RESEARCH
C. Furlong stated the City -County Planning board has moved to bring
into the City some "islands" and we have the endorsement from the
Council to do the same. He read a letter from Steve Herbaly regarding
retaining a title company to do a title search of the islands within
the City limits so the City can notify the landowners. Approximately
$1500 will need to be authorized by the Council for this purpose.
MOTION: C. Nystul moved the Committee recommend to the Council that
they authorize $1500 for a title search of the island within the City
limits. Atkinson seconded. The motion passed unanimously.
Meeting adjourned at 5:20 P.M.
Shirley Hughes, Recording Secretary