JOURNAL OF COMMISSION PROCEEDINGS
JULY 19, 1994

Regular City Commission Meeting

Mayor Morris Presiding

CALL TO ORDER: 7:00 PM

PLEDGE OF ALLEGIANCE

ROLL CALL: City Commissioners present: Gayle Morris, Joan Bennett, Bob Deming, Vicki Everson and John Gilbert. Also present were the City Manager, City Attorney, Directors of Community Development, Public Works, Finance, Park & Recreation, Fairgrounds, Fire Chief, Police Chief, Assistant Planning Director, and the City Clerk.

Shelley Lighter, owner of the property located at 1005 15th Street NW (Valley View Sec. 1, B5, L24) requested a variance to reduce the required 30 foot front setback for this property to 15 feet to allow for an attached garage and a residential addition.

After a lengthy discussion before the Board of Adjustment, the Board voted to recommend to the City Commission that this variance request be denied. The Board indicated that no actual hardship had been exhibited, that the petitioner's request was based solely upon a desire to improve the property. However, the Board of Adjustment did indicate that they would support the plan that would only require a variance of seven and one half feet if Ms. Lighter and Ms. Jursnick could agree the plan would be acceptable to both. Staff received Ms. Jursnick's letter on June 27, 1994.

Commissioner Everson moved, seconded by Commissioner Bennett, that the City Commission overrule the Board of Adjustment's recommendation and approve the variance request as originally submitted.

Commissioner Deming stated he would vote in opposition to the motion and that his "no vote" was in support of the advisory boards and commissions to the City Commission. He added that he personally supported the variance, however, he wanted the advisory boards to understand how seriously he takes their advice and hard work.

Motion carried 3-2 (Commissioners Gilbert and Deming dissenting).

Greg Newman, owner of the property located at 1618 Second Avenue South, requested a variance to reduce the required five foot side yards for this property to three feet. This would allow Mr. Newman to replace the rear portion of the existing structure while enclosing a stairway that has existed on the exterior of the current structure.

After considerable discussion, the Board of Adjustment voted to recommend that the City Commission deny Mr. Newman's requested and advised Mr. Newman to either come to some agreement with his neighbors and resubmit his request to the Board or utilize the plan that meets City codes. The Board stated that the existence of a plan that met codes is evidence in and of itself that a hardship does not exist, noting for the record that financial cost is not a legal hardship when requesting a variance.

Commissioner Gilbert moved, seconded by Commissioner Bennett, that the City Commission overrule the Board of Adjustment's recommendation and approve the variance request.

Commissioner Gilbert stated that one of the issues is that this is a property that is currently not in compliance with the City ordinance and that granting this variance would not worsen the situation. Rather, it would bring the property to less of a non-compliance than it currently is. He added that the neighbors opposing the variance request need to deal with the sidewalk slope on their own property and assured them that according to the information he received from the petitioner, steps are being taken to improve the water run-off situation.

Commissioner Bennett stated that in the future, the setback requirements for 25 foot lots should be reviewed by Staff. She added that the same setback requirements should not be the same for 25 foot lots as they are for 50 foot lots.

Commissioner Everson stated she would abstain due to a potential conflict of interest.

Commissioner Deming stated that, once again, he was voting against the motion as a sign of support to the advisory boards.

Motion carried 3-1-1 (Commissioner Deming dissenting; Commissioner Everson abstaining).

This item was pulled at the request of Mr. Jim McIntyre.

Mayor Morris enumerated Consent Agenda items as follows:

Commissioner Deming moved, seconded by Commissioner Gilbert, that the City Commission approve the Consent Agenda as printed minus Item #9.

Motion carried 5-0.

Change Order No. 1, in the amount of $13,581.00 to relocate electrical service that was accidently cut.

Commissioner Deming moved, seconded by Commissioner Bennett, that the City Commission approve Change Order No. 1 for the Four Seasons Arena Project in the amount of $13,581.00 and authorize the City Manager and staff to execute the necessary documents.

Commissioner Everson stated she would abstain due to a potential conflict of interest.

Motion carried 4-0-1 (Commissioner Everson abstaining).

Commissioner Bob Deming reported that the City Commission completed the annual evaluation of the City Manager and as a result of the evaluation offered Mr. Lawton a 2% increase. Mr. Deming added that it was the consensus of the Commission that Mr. Lawton was extremely knowledgeable and was doing an excellent job. He added that Mr. Lawton is a team builder and a self-starter. He also stated that Mr. Lawton turned down the pay increase. Mr. Lawton suggested that the Commission re-evaluate the financial condition of the City during their goal setting session in January of 1995 and then reconsider the increase offer if financial conditions allow.

Commissioner Deming moved, seconded by Commissioner Everson, that the City Commission accept the oral report provided and that the Commission reserves the right to reconsider the salary increase after the goal setting sessions in January of 1995.

Motion carried 5-0.

There being no further business to come before the Commission, the regular meeting of July 19, 1994, adjourned at 7:25 p.m.