It’s been a year-long learning curve for Peterson and its nuisance vehicle ordinance. Initially passed in November 2018, the ordinance went into effect in January in an effort to give residents time to comply with standards.
At the October meeting, the council voted in favor of 50% fine forgiveness for previous cited properties, following complaints, but that forgiveness came with explicit criteria: in order to receive fine forgiveness, properties needed to be brought to compliance and maintain it for one year. Should they not comply, the full fine is reapplied. Councilors Gail Boyum and Dave Colbenson were tasked with reviewing properties that have already been cited for non-compliance to verify whether or not they’d complied.
Of the three reviewed properties, two had not complied. “Vehicles are still on the grass. They are not in compliance,” stated Boyum. A third property had erected a privacy fence and secured items for a 30×100 building it was believed would bring compliance. The building was not constructed because a permit hadn’t been sought or approved yet, but the property owner was working cooperatively with the city. The city felt it was unclear whether putting up a fence to hide items halted the accumulation of fines per the ordinance. It was decided to bring Attorney Greg Schieber, of Nethercut Schieber Law Office, in to further discuss the situation and determine the best practice moving forward.
Schieber maintained that as the ordinance is currently written, simply enclosing the items behind a fence does not take it out of the realm of non-compliance. The city may allow that option, but the ordinance would need to be adjusted. “You have the ability to exercise discretion. In the effort of treating people consistently though, you should update ordinance,” said Schieber. “You could decide not to pursue further and incorporate it in there.”
“We know its on the ground. We feel it should be up to the council,” noted Colbenson.
Further discussion included details of why the ordinance was created, including preventing spaces for vermin to accumulate, the decay of materials, including those that are hazardous, from inoperable vehicles, and to prevent properties from becoming unsightly. “I strongly argue we would retain those provisions,” said Councilor Loren Rue.
“Those are a couple of the background pieces we considered when drafting the ordinance. Where do you want to draw the line for those rules?” asked Boyum, suggesting a compromise.
“The way I look at it, it’s gonna cause hard feelings all year,” said Mayor Tim Hallum. He suggested in the spirit of fairness, to reduce all fines by 50% for 2019. “Moving forward, you have to comply; no more forgiveness on anything. I think we have a very good ordinance, but we can spell it out to them a bit better.”
“They’ll see we are serious,” added Colbenson. “I think we’ve been more than flexible.” The council approved the option unanimously. A special meeting will be held next Wednesday, at 6 p.m., to give notice on the ordinance and what fine remains against the property. Property owners must pay the remaining amount or see it put on their taxes.
In other old business, the 2020 budget was approved at a 6% increase, amounting to $92,499 total for the year. Clerk Chris Grindland sought clarification from the council on whether to establish maintenance equipment and snow removal line items within the general budget. “It’s going to come out of what we were going to transfer. We’re robbing from Peter to pay Paul on this,” he added. After further discussion of needs, it was determined to set aside $10,000 for equipment and $2,000 for snow removal. The remaining funds generated by the levy increase will be put in the Street Fund. The city is receiving slightly more additional Local Government Aid funds in the amount of $41,655.
As part of a biannual review, salaries for the council were also discussed. Currently each councilor receives $900 per year, while the mayor is compensated $2,400. The amount has remained unchanged for six years. “We all know we’re not doing it to make a wage,” joked Hallum. Following the mayor’s suggestions last month to see each councilor serve on additional committees or boards, including street, water, sewer, electrical, and potentially others, the council approved an increase essentially compensating the council an extra $25 per month ($1,200 annually).
“Each council member will report on and will be more involved in the areas. If we have some trouble, you’re looking at your section. Bring it to the meeting so we’ve got more hands on it. Right now, it’s just Rick (Public Works Director Rick Lee), Chris, and I. We’re not stepping away; just looking for a few more eyes,” said Hallum.
“I will say thanks for serving, because there’s not many that are interested in city government,” added Grindland.
In new business, the city is looking to put an end to animals running at large. How to address in those non-business hours was considered. The city will discuss the matter with animal control, the city attorney, and the sheriff’s department to determine a series of steps that will allow the city to declare an animal a nuisance and get law enforcement involved, if needed.
“If it’s persistent, you need to consider what more you need to do to turn up the heat,” noted Schieber.
“We’re looking at repeat offenders here. We all understand dogs can get loose, but it’s when it becomes a habit,” added Grindland.
The council also took a zoning recommendation under consideration, related to the development of the former Rushford-Peterson Middle School. New owner John Helland had previously submitted a request to change the zoning from R2 to commercial. That request was ultimately denied by the council. A recommendation from the Planning Commission now is to consider implementing a new M1 mixed zoning classification that would allow for dual zoning.
Because of the residential makeup of the neighborhood, the city is treading carefully. Several stipulations would be placed on the new classification. What’s detailed in R2 zoning would be automatically allowed. To determine what level of commercial allowances to make, the commission, along with Schieber, removed items that were incompatible with residential areas and requiring a Conditional Use Permit (CUP) for usage.
The current list includes indoor storage rental only and it’s only permitted with city approval and can only be accessed between the hours of 6 a.m. and 11 p.m. It excludes exterior storage entirely. No overnight parking of vehicles, unless residential, would be allowed. Heavy traffic created by warehousing of the space by one entity was also undesirable. The city would be allowed to inspect the property for compliance should a CUP be issued.
Boyum stressed a desire for the property to remain accessible by residents, as had been previously discussed. “The citizens need to realize this isn’t public property anymore. It’s private property,” countered Grindland.
“We speculated that something like this could happen,” said Hallum. “It’s a unique building that isn’t easily converted to other use. At the time it’s zoned R2 to not open the door too wide. But we have to have the conversation if someone considered it.” The city will look at a public hearing in December, following a final recommendation from the Planning Commission.
The next regularly scheduled council meeting is Wednesday, December 11, at 6 p.m., at city hall. The public is encouraged to attend.
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