Planning & Zoning Board - Regular Meeting

Go ahead. All right. 7:00. We'll do a roll call. Okay. Anderson here. Espinosa here. Graham here. Kudel here. Miles here. And um Jackson and Miranda are absent with notice. All right. We'll look for approval of the agenda. I'll make a motion to approve. Second. Got a motion and a second for the approval agenda. All in favor? I opposed. We will look for approval of the minutes from the planning zoning from September 9th, 2025. Make a motion to approve. Second.

Got a motion and a second to approve the minutes. All in favor? Opposed? Okay. public comments. Do does anything have anything from the public that's non agenda related? No, that's usually how it goes. Okay. Since we've got a few minutes yet before our 705 uh variance hearing, we'll go ahead and go to Mr. Clark.

Okay. So um residential we have 11 open single family home permits and one twin home the commercial projects uh caught up about two weeks ago went by the waste work facility and did a pre model um in the pro ventures up on 1085 rude trail did a steel erection on the exterior walls and insulation pro framing up on north folks is done a prefel um in city park was still monitoring the room and um the 1205 North Oaks uh they're pretty getting pretty close ready for frame inspection. So, haven't been called quite yet. So, okay, gist of it. All righty, Kyle. Um, I believe my reports will be with you guys, but n

it's not the end of the month yet. So, basically, I'm dealing with tall grass and weeds, rubbish and junk, low hanging tree branches over the street and sidewalk or sidewalk, pet licenses, and then animals at large.

Yeah. Teresa, do you have anything to add since we got a lot of time to your

I'll just point out a couple things. My report is in your packet. Um, little update on the Western Avenue project. We had our uh weekly meeting on that. It sounds like they will finish pouring the west side of the intersection of uh Diamond Trail and Western uh this week. Uh we had hoped we would switch over to the other side by the end of this week today. It sounds like it's going to be next week, but it'll be shortly here. We'll be getting it. The traffic will be switched to earlier over to go from the east to the west now and then we'll we'll start work on the east side and the city's portion will be done except for filling in with some sidewalks and the grass, you know, finishing work on it. They fully expect the city's portion of the project, not the states, to be done before the end of the year. So, be be done on time. They're still making progress too on the bridge, you know, as they're moving. Um, they're hoping in a couple of weeks they will have the new bridge open and then they'll continue to work on the ramps and demolition of the old bridge. I don't know if that'll get started this year yet or if that might be until next year, too. I'm talking. So, they're making progress on it. the weather's helping that it's been dry and not a bunch of rain. So, we're sure we're getting there. Um, also want to uh just remind you in your packet, we are having a ribbon cutting for the new wastewater treatment facility. It says Friday at 10:30, so if you can make it, great. Public's welcome to um want to come out to there. I'm kind of excited. Everything's been going great at the plant. our tests and our sampling have come in way below what our range is. So, I mean, it's doing an excellent job of clarifying the water. And like I said, our tests are way below our numbers. So, so far so good. Um, our new operator is doing great. He um

picking up everything really well. You can definitely tell he's worked in a mechanical plant before, so he's catching on really fast. I mean, this is only his second week, but already very comfortable with the sampling and with that. Oh, very good. Um, and then just a couple other quick little things. We still are looking for a public works assistant position or sale advertising. Haven't quite found a qualified applicant for that. And then uh just to let you know, we are getting as we get through all these meetings, we are getting probably by the end of this coming month, we will look at um redoing the tiff for uh the Windsor group up there now that we're getting everything aligned with the road and and extend what we need to or whatnot, we can move forward again with that tiff. So hopefully I'm planning at the end of the month being able to move forward with the revised plan of the tiff and that um as far as tiff uh I talked to Sam Asim a couple weeks ago now. They are um had some questions for me. I think they're still working on um looking at updating their tiff as well. They haven't submitted anything for final review for the board, but I think they're still considering a tip as well. That's about all I have unless you have questions of anything else that's in my report.

Any updates on trucks or any of the other regalization on railization? Uh right now we kind of hold we're holding off in any meetings with them. We're doing the study ISG and 82s is doing a study for the grant portion of it. um it's required as part of the grant. Basically analyzing all our systems. Um uh they're they're looking at, you know, what they're going to need as far as regionalization, where they're going to pump to, what's going to be. They're looking at all the scenarios of it. Once we get that data, then we can start to move forward again with regionalization. So yeah, it's definitely what we're planning doing, but we got to wait till we get this study done in order to keep moving forward. But that's that's in the works.

Crooks the only one showing any interest.

Crooks, Colton, lions would lie to that's going to be their own special little animal because right now they are all on septics and they're not really incorporated as a town. So that's going to be a whole another creature in itself to see if we can get them on. But I mean they would like to eventually. I don't know if it'd be right away on the onset like Crooks and Colton, but um definitely Crooks and Colton are interested. Um, we've had some conversations with Humboldt. At first, they kind of weren't interested, but I think now they're showing more interest. Like I said, when we get some numbers from this um study, we'll be able to go to each of those community and say, "Okay, this is what the most feasible plan is. This is what um, you know, allocation you could get and utilize. This is what it's going to cost you." I mean, obviously those are all things that they're very interested in, you know, and to figure out how we can make this work so it works for everybody. But yeah, so a lot of stuff to to consider and to get figured out, but definitely I think we still have interest there. I I think we we want to it it makes sense, you know, basically uh getting one central spot to all of us to discharge versus every town having their own little spot. So hopefully hopefully we can get it all figured out. Sounds good. Okay. Go to number five, hearing petitions and applications. I look for a motion to adjourn as planning and zoning and reconvene as board of adjustments.

I would make a motion to adjourn as planning and zoning and reconvene as the board of adjustments for the variance hearing. I'll second. Motion and a second. All in favor? I opposed. All right. 705 variance hearing. Variance request to the city off streetet parking regulations for 702 East 2nd Street parcel number 23813. Teresa. Okay. Just give you a little quick background. This is a variance hearing for West Central School District. They are in the midst of doing a parking lot improvement project. Um the information is in your packet.

Basically they would want to expand their parking lot. So they want to add some additional parkings which I would say is kind of more their soccer field. I say southeast portion. And then the current parking lots that are all along Highway 38 trail there. Um they are already encroached some into the setback area. they want to encroach a little over a foot more um along that way as well. So, does require a variance. Like I said, currently the current parking lot does encroach into the 20 foot setback area, which technically in a residential lot, you're not supposed to, and you don't think about it, but a school is zone residential. So, it's not kind of your normal house lot. It is a school. Um, when that parking lot was originally put in, I do not know for sure, but it's been there for many, many years. So, definitely grandfathered in where it's at. Like I said, it was this improvement. They want to add some more space, get some more um width to their driveway. So, they want to move it closer or encroach a little bit even further into the parking lot. So, I don't know if I missed anything, Eric, that

I don't think so. Again, we're zoned um residential. Um section 402 does allow the parking lots within 8 ft of the property line. Um when our engineers worked with city engineers, they wanted to go with uh section 43 requiring 20 ft of setback um which is fine and then that would require us um to have this variance but at the same time we're already breaking it. Um on the map that I handed out, I don't know for sure what kind of but the last page of the packet that I handed out, there's a red dashed line towards um the bike trail. That's what our current parking is. And so that is anywhere from 12 ft 8 off of the property line to 136. The black line is the proposed and what we would like um the project to include and that goes anywhere from 11'5 in to 11' 7 in. Um so asking for about a foot more depending upon the area and then again that would continue on for about six spots to the east there whatever direction that is. Uh by doing that we get the regular 19 ft stalls um for the car and more importantly we get the standard 24 ft passing areas um high school kids and cars. Um you know what that's like. Um and then the reason for it is our surface is getting worn down. Not very good. Water's not running out of there. Um and then two years ago our student population uh outgrew the current parking lot. So, we have um selling spots uh to high school kids and then requiring some kids that either sign up late or freshman that are at the end of the deal to park over in the middle school side and they have to get buzzed in um by the secretary. And so, just adding a few spots, but we'll

encroach a little further into that um space, but hopefully add a little safety as well. Like Eric alluded to, city engineers have looked at it. Staff has they're already encroaching some the extra foot. I mean, it doesn't cause any safety concerns or line of sight hazards or anything like that, you know, that we would normally look for. So, um, yeah, we don't have any concerns with them. Do you know how many parking spots it'll add? Oh, I counted yesterday. Yeah, just 38ish. So you'll have some on that eastsoutheast side. Correct. Now

Yep. Yeah. So each row will gain four and then um on the north side will gain six and then the soccer field soccer area football practice field. Yeah. We'll add about 30. How far will that go down towards the soccer field? Will that be a third of the way or halfway or Oh, not even. Um I don't know the exact 8 foot wide space are 8 foot or 9 foot wide probably 8 and 12 maybe

so our football practice field kind of gets there so we couldn't go too much further so this is the end of heading to the soccer field probably only 60 ft at the be continue on down to the soccer field yeah no this will be the end of it unless we move practice uh football and band practice area. Looks like it's about 60 ft down. Yeah, we're guess an 8 and 1/2t wide parking. Yeah.

Yeah. I didn't see any reason on here. Yeah. Does anybody else have any concerns about it? Um Teresa, do you need a I see in your report you've got you know with variances you need a reason for it and there's certain criteria. Um I definitely think this falls under section F for the criteria. There's exceptional and extraordinary circumstances with this property that's not um

with any other property in that zone. So like I said there's own residential just like a house, but they definitely have different circumstances than what a single family home would have or what a residence would have. So I think uh any single family home is not going to be putting in a parking lot this size. So I mean they're definitely unique in their circumstances there. So I think it could fall under criteria F. I thought it could fall under D. Probably a couple of them at the end of those parking spots. I see there's three really dark spots. Are those for that butts or what? We currently have on cement pad uh three band trailers that use for storage and four of their props for field shows. Uh so those will move from

that east side of the parking lot to along that trail that leads down towards the soccer and move there and then all the graveled in just so it's all gravel. Is that acceptable with the ordinance? Well, no. So the where the trailers will be will be concrete. the rest of the um parking lot surface will be asphalt. But those are currently concrete so replace it with concrete just so a little better surface to work on. Okay. [Applause] All right. Do you have a motion to approve the area?

Yeah, if you want a motion and if you want to reference uh I guess whatever section if you want F want to include F in the variance hearing that's good. for the courts to make a motion to approve the variance as stated in the paper document including section. I'll second that. Got a motion and a second. Any further discussion? Hearing none, we will go to vote. Anderson, yes. Espinosa, yes.

Graham, yes. Yes. And Miles is a yes. Thank you very much. You are welcome. Uh they'll start the day schools out. It's supposed to be um completed before registration on August 5th. from

All right. There you go. Yeah. All right. We will move into the 710 appeal hearing. We're still adjustments. Yeah, we're still in the board of adjustments. Um the 710 appeal hearing for the for the code enforcement letter that was dated September 4th, 2025 concerning the property at 701 North Vandermark Avenue parcel ID number 23708. Teresa.

Okay. So this is also a hearing for the board of adjudgments because um under our regulations um if any resident citizen um um is aggravated or um you know believes that this office here did not make a correct decision, they can appeal it to the board of adjustments. So that's where this hearing is. Um Kyle Christensen, our code enforcer, um after receiving some complaints on this property, went and inspected it. um saw some violations that he considered against city regulations. A letter was sent out to him letting them know what our regulations were and we always send a courtesy letter first stating what the regulations are and then a time frame to correct. That was a letter that went out on September um 2nd of 2020 25. Copy of that letter is in your packet um for your review. Um and then the um tenants that live on the property there, they are appealing that letter. So um their appeal also is included in your packet and the reasonings why they are appealing it and why they're aggravated by it. Um so I guess I will if you want to let Pen speak and Kyle speak.

Yeah, we can kind of let both parties. Exactly. I just go ahead and just state your name. Amanda Parker. Okay. Thank you, Amanda. Go ahead. Um, I just want to state that, um, most of the things that were on our letter we did fix. Um, that we have on the side of the house isn't there anymore. Okay.

Um, this property is a 125year-old home with a U-shaped gravel driveway and it serves as the only access to the back door. We don't have a front door. Um, if every vehicle is forced out of the gravel driveway, it blocks the ingress and the egress, preventing any emergency vehicles and delivery drivers, any visitors from getting to the home safely. Um, and I just respectfully ask the board to recognize that um, enforcement and fines be stayed pending this appeal. Strict enforcement of this ordinance would cause and would create a dangerous safety issue and does not account for the Asian unique layout to this property. Uh, for those reasons, I just asked the board to grant relief to allow reasonable vehicle parking next to the gravel driveway so people can come and go on that gravel driveway safely. Um, I'm currently pregnant, so if I were have an emergency, which I've had before, um, in December of last year, I had RSV and they had an ambulance and a fire truck there. Had to try to slowly back out of that driveway and there's barricades on both sides at the bottom, which makes it difficult instead of driving straight through. That's really all I have.

Okay. Kyle, do you have you been back out to said property since the letters were sent? Yes. Okay. And um I still see the two bands on the grass. When would you when I guess maybe I should ask when did you go back out there? Uh I was out this morning and then I took pictures last Thursday which I believe were in effective. Okay. Um, I think the driveway itself, the maintenance has been addressed. As far as an individual living in the van, I guess that's okay. Without pursuing that further, okay.

Um, the only thing left is, you know, parking off of the back gravel driveway. I just feel with 180 ft of driveway about 12 ft wide based on my GIS measurements that I feel that there's plenty of room to park. You don't have to resort to parking on the grass. Now, the fact there's two entrances. Granted, they are they got that retaining wall on the side that faces marked. Yep.

And Amanda, you did say the vans were moved or um one one was parked on the side of the house for a little bit while we tried to do some things on the yard. Okay. We we did move it. It is right currently it is next to the gravel driveway. Okay.

We do have two two vans. They look very similar. They're both next to the grapple. Just going through the refreshing my mind on the pictures that Kyle took back a couple weeks ago here. Mhm. The gravel driveway is not wide enough to park the vehicle and then drive past that vehicle. Correct. Correct.

You you would be driving on the grass at that point. There's also like a small shed on one side would be a couple of those vehicles we're also selling. There's a lot of vehicles there currently since we're expecting trying to upgrade and switch vehicles. There's a lot of vehicles there for what reason?

Um, we had backup vehicles. So, one of our vehicles just crashed, so we bought another vehicle. Oh, okay. Yeah, spare vehicles. So, we're just trying to sell and get rid of and move some. Do you use the vans every day? I mean, do you They they are our recreational vehicles. They are moving for vehicles.

Okay. So, I guess out of all of the kind of things that Kyle wrote in his report, um, we can take off the the last one I think on that Kyle had his report about possibility of somebody may or may not be living in it. I think that's been addressed. Hopefully there's nobody driving in the van. Um, so I think our big crux right now is the parking on the yard. Is that fair to say to

Yeah. everyone? Is that um Don't feel bad. You're not the only people that get in trouble for parking on our yard. I'm not trying to single you out. Let me ask just one last time. Kyle, you said the other issues have all been resolved. Yeah. The broken asphalt, the weeds growing through the the driveway's been repaired. Yeah. When I last checked the driveway looked like it was we whacked down and so the only thing left in your mind might then is parking on the grass. Correct. Yeah.

And how many vehicles do we have parked in the grass? I saw two. Two. How many vehicles total by? Four maybe. [Applause] I'm just trying to look up here. And honestly, you know, our regulations are we do not allow parking and grass of vehicle trailers, campers, and like like I said, we're not the only people in town this way. Yeah, it's a pretty common one until there any parking on the street.

I'm going to say, you know, there is street parking. Um, driveway parking is allowed. Driveway parking, street parking. Several people have put in their own parking pads, whether it be an asphalt pad, concrete pad, crush asphalt. We we do allow that or um concrete pavers as well. So, I mean, there there are various options, I guess. So, like in your driveway, you could I know you can park more than one vehicle on there. If you made the road wider, then the next thing is it would all have to be concrete. Is that what Yeah. So, this is a gravel driveway. It's been there for several years, right? It is grandfathered in as it is. Um throughout town we have several especially in the old part of town.

Um the gravel driveways can stay there as long as they're maintained. You know grass is growing through you keep them graveled. You know you don't let them go and despair. As long as you maintain them they can keep them. But any improvements increasing them changing the size or whatnot that would have to fall into our current ordinances. Well, it'd have to be hard surface with either crushed type of material and if they want to park in the grass, they have to put hard concrete concrete down. Exactly. If you want to park in crash, you could pave it with asphalt or concrete or crush as concrete or pavers. Yeah. So that is just what our regulations

looking at this over overview of this aerial map. It appears that there would be room then to do like a parking space back there. Yeah, they have a spot to park. It looks like the layout back there that property's been there 125 years. Earliest record is 1900. But with the way that that layout is and the drainage um with the way that land is um I don't think it would support um doing concrete or pavers without a massive overhaul of the entire not all that back area is is ours and a lot of that belongs to the daycare centers.

And if your vans are working, why don't you just park them on the street? We don't have a front door access. But if you're not I mean if you're not actively using the vans it would be my understanding I have to move them every day to like to show that they're working I'm the only driver I don't think you have to move them every day to make sure you got to be during the summer you got to move them you get seven days in the same spot during the winter it's only three just because of you know snow and ice yeah so there is a time frame which you do Just

are you planning to get rid of the vans maybe or few vehicles that'll be that'll be leaving? Um but one of the vans is staying for sure. Okay. And then and then two of the vehicles are are staying for sure. And you couldn't park the two vans in the middle of the driveway back there and then each drive in the driveway and back out of the driveway. The problem is is in the the middle of the back of the driveway is the access to the door. There's one door to that house. Okay. And so blocking that off even right now just just one ext one one extra vehicle on the driveway. We're still driving on the grass. We have to drive on the grass and back up and then turn around back down the other or or have to back down and try not to hit those retaining walls.

Well, if you got 12 ft, you should be able to I don't disagree. I backing up's not everybody's forte. Somebody would just turn around instead of backing up. You'd never make a val. I would, but I I live in a I live in a house full of boys that had tons of cars and my rule was never park on the grass. If we had too many cars, you need to get rid of the car.

Um I think that um you know, the uniqueness of the property and the way that it's set up um was was set up kind of to be that way. Um, you know, obviously the development changed around as time went on and it doesn't quite fit for that property the same as it does for a lot of the way that it's set up. So, our our rub is you guys park in the grass whenever we we go against that. And then we've got five other people here next meeting with going

or more more considering how many letters we send out for parking on the grass and then then we have that to deal with, right? Well, we're not looking to set a trend. We just want to be able to function safely. Like I said, we've already had to use emergency crews and they had to play and carefully get that fire truck fire truck out of there. And since that moment, we have tried to keep that open, right? Just about function and safety,

which I understand. And then, you know, the next guy's going to come in and say he can't park behind his third stall because his grandmother broke her hip or, you know, something and he's got to park in the grass. So, it's kind of a we're always going to hear something. I'm just we're just trying to find maybe a solution that appeases both Kyle, us, works for you guys, and then you guys stop getting the city stops getting calls, right? Cuz you guys don't want to keep getting letters or paying fines. Nobody wants to find you. Um, so we're just trying to figure out a way to hopefully it may require some changes at the property. I'm not sure what them are quite yet, but something that you guys can live with and we can live with.

I believe the initial issue was the man was off to the side of the house there and we resolved move that to the back. No. Move to the back. I'm assuming that's Is that that in that southwest corner down there? Is that a shed or or a garage? That little building in the southwest corner. Probably a shed. That's a shy. A shed. Well, after you look at Kyle, do you have any suggestions or recommendations?

I don't see why you can't pour a parking pad where the vans are parked right now. They're parked on grass right now. I don't see why you can't change it into a pad, right? It's all where they're at. Just make a concrete parking pad or put it on pavers. I'd love driveway. There's plenty of driveway in my You're not going to put a concrete pad. I'm assuming they're renting, right? Renting the renting. I think you're the owner of the property. So So I have a little proposal, I guess. Okay.

Inside that uh foundation there was going to be a dry field about two and a half decades ago. And uh I started it and uh I had a six-month uh building permit and after about three and a half months the city cancel and uh and then I ended up getting married. My point is that there's a shed in we move that shed they could use that as a parking if that was agreeable. Is the shed it on cement? Is it on is the shed on cement or no? No.

Could we put uh I'm I'm guessing we probably don't want to I see where it may be framed out at one time per garage, right? Um you pour a concrete pad there for parking. There's not a concrete pad. There's there's a foundation. I doubt we're going to want to pour concrete there. Is that I mean on it, right? Um, does this shed have like what kind of floor does it have? Like a gravel just a cheap tin shed. It's got a wooden floor in it, but it's been there and I uh I wasn't the one that put it in my rental years ago and uh it seems better.

Yeah, but I was just asking for what you have in there. more concrete papers. Well, we can move the shed. We can make an allowance. Yeah. Yeah. I I think maybe out of throw this out here, but I don't know if you guys currently use the shed. Yeah, she said stuff. A little bit of stuff in it. Some stuff in it.

Lawn mower type stuff. I mean, I ideally we could either move that current shed and put a maybe a new better shed that's has better days ahead of it to a different part of the lawn because we don't need a hard surface for the shed. Um, and then, uh, I doubt we're going to throw a concrete pad in there, but was that back gravel inside of that foundation?

Yes. As a matter of fact, if you remember, Nine yards used to own that. If anybody's been here, remember that. And that driveway used to go up from the north side of the house all the way out to Highway 38. That used to be the driveway along there. Well, when NAR sold it, they divided it up into I think three different sections and then I bought the house and then of course Great Life and all that got bought by Vinnie, I believe it was back then and he built that up. But that driveway used to go straight through there all the way up Highway.

So, are you saying there's current gravel back by that shed? There would be underneath underneath the wherever the I say. So if you bring in some like additional gravel and you kill off the gra I mean to me that would be grandfathered in if it was a gravel that where they could park and also if that yeah garage foundation that's been backfilled with gravel if that got a little that's some fresh gravel inside of there. Would that be a reasonable Yeah, it's compromise here. Like I say, it's existing. As long as they bring in some more to maintain it, then that would be a place they could park, right? Yeah. Whe there's a shed or violation that works for them. You ask for concrete cuz you have to put gravel gravel in there.

You may have to get a new shed, updated shed or that or move that one if it's if it can be moved. It sounds like sounds like the second we go to move it, it may just Okay. Um, I mean, how wide is that garage? Is it a two cars, two stall? You know, if I remember, it's 16 by 22, but it's been a lot of years. But if I remember correctly, 16 stall, type two stall, but if we're just parking two stall, if we're not getting in and out every day, I mean, it it's it's probably better than on street parking. Y um

it gets and if you were going to park something in there and leave it sit for a little bit Yeah. gets it gets a vehicle out of their way. It gets and it gets them out of your way if whatever's got to come out of the way in the driveway and the people can maybe go around it. Um then well then you just if you did need to back out back out and go down the driveway. Yeah. Then you're backing into the the view part of the driveway. The original intention of it Yeah. Or you back in. So you can drive out either way, right? Well, because if you extend that whole thing and make that if that whole thing is grandfathered as a as a driveway, end to end there and then one right behind it. Sure.

Be able to drive past. Yeah. So that would sell from what I understand that would sell the city's concern. Yeah. I think we could consider a grandfather in if it originally has there. Just Yeah. Like I said, just bring some more gravel in, maintain it, and that gives them a place to park then. So, does that seem reasonable? Does that seem then then we're hopefully everybody's Yeah. Yeah. Exactly. And like I said, we we just got to bring them into compliance where we wouldn't have any issues with other Yeah. Because it was originally a driveway. Yes. And the driveway is gradual. Yes.

Do we need to ask for a time frame? I I would probably do that. Obviously, you guys are going to we're probably going to want to get it done before too long cuz the seasons are changing. Um we have a dump truck. We get Oh, okay. All right. Well, they got a dump truck. Oh, wow. Um so, we meet every two weeks. We meet every two weeks. Um, so if do we give them 30 days? 30 days. Yeah. Come back with a plan on anything you have done.

30 days. Maybe it's done in 30 days. And if if uh Kyle, if you want to check on that, that works for you guys. 30 days. It gives the end of October. And hopefully we're good to go. Is that a great plan? Okay. Does that sound good every year on the board? You want to do it that morning or I'm just kidding. Happy honeymoon. Well, congratulations on that. Um yeah, hopefully we can get her taken care of and then Kyle will be out uh so our meeting in October, our last meeting is

Okay, the second one's 14th. So what 28th? 28th of October, I believe, is our meeting. So hopefully Kyle will get a report from him. We're good to go. We'll have the vans or whatever vehicles. We don't really care. Parked there off the grass. Just got to be off the grass and we'll be good to go. That works for everyone. Okay. In the meantime, um are we going to be all right till we get that put up as far as fines and whatnot? not give you 30 days to come to come. So, yeah, we'll give you 30. No fines, no nothing. Um, now after the 30 days, we we may So,

just get it done. Just Yeah. For for everyone's sake and then take care of her and we'll have no issues. Yep. So, do we need what do we need, Teresa? Um I I would like a motion that basically says um you grant 30 days for them to bring in um under compliance the existing gravel surface by the shed or some something to that effect. So let someone else take that what she just says. I'll second it. I'll make a motion that that they have 30 days to get this into compliance as discussed with gravel considering that being grandfathered in.

I got a motion. Do I have a second? I'll second it. I got a second. Is there any further discussion? We vote on All righty. Let's go ahead and vote. Anderson, yes. Espinosa, yes. Graham, yes. Ke y miles is a yes. All righty. All righty, guys. Thank you, guys. Thank you. All right. I look for a motion to adjurnn as board of adjustments and reconvene as planning and zoning. A motion. We got a motion and a second to adjurnn as board of adjustments and reconvene as planning and zoning. All in favor? I

I Who was the second? Sorry. Sorry. Okay, got it. All righty. We're back to planning and zoning board. Yeah. All right. 45 minutes. We are on our 7:15 annexation hearing. Review the annexation request submitted by the city of Hartford for the rightway alongside Colton Road and East Second Street. So,

so this annexation is right around the Windsor property. It's kind of a twofold deal here. Um, we are looking to annex the east side of the Culton Road basically between Second Street and down to Highway 38. So, go along the entire um north and south lanes of the Windsor property south portion there. We are looking at annexing that because that way um any access off that into the Windsor development are controlled by the city of Hartford. Just kind of like Western Avenue. Half of that street belongs to the city, half to the county. What's what's on the city side, we control the access in and out. Uh county controls it on the other side. Um, we'd like to do that and the Windsor group would like us to do it because county has very different regulations as far as access points. You know, there's got to be so many feed only so many that there, you know, counties are set up like cities that have spaced out a lot further because they're in the county you normally. Well, this is a city development where you're going to have several residents in it. Um, county also has the stipulations of traffic studies and whatnot. It's a lot more expensive, more time consuming. Mark would know. Um, so we can avoid that. Um, we did talk with the county on the onset of this and it was their suggestion we wanted to annex in the east half and then you can control that access over there. So that's why we're looking at axing that side, the north portion, um, second street there. We basically and this is kind of part of that tiff process. We've explained a little bit you know originally um we have asked the Windsor group as part of their tip to do in the second street and so um when they annex in their land actually the street did not

come with it and so basically the state did a compos on that tip. They said you got to include that street if you're going to do improvements and pay for those out of the tip dollars, which makes sense. So, we had our city engineers um do that H2 plat and that H3 plat. Basically, H plats mean their rightways. Um so, we can annex in the north portion of that road into the city and to include it in the tiff. Now, the south portion of Second Street, that's been annexed and already platted out when um the Windsor group did the platting of their development. So, that's already in the city and and already platted out. So, we just got to get that north portion in. Um after this annexation goes through basically the Windsor development will be able to have we have completely in the city then their south portion of their development the north portion here and second street so then they can do improvements on second street going forward and that'll all be part of the tiff development. So that's really what the annexation entails for this.

And it doesn't matter that that area north of H2 is not in city limits. No, it doesn't. And actually um the the people that live there, um Ron and Sally Ryder, I've been in contact with them tech. So this was a township road. Um is it still a township road?

No, not not that not we now own it because it's been turned over. So technically, you know, started out as the township road. Um the property owners on each side of the township road owned to the middle of the road when we platted this out. Um I talked with um writers about in order to do this project, do improvements on Second Street, which they're all in favor for. They would like to do that at no cost to them. Um, in order to do this, we need to plat this out and then they need to deed over that H2 plat to the city, which they have done. Windsor Group has done the same. So, we the city owns those. They've been deeed over to us. Those have been filed in the county. The plots have been filed. The deeds have been filed. So, um, like I said, it is now owned by the city and we just need to get it annexed into the city.

The city owns, but now we have the annex. Yeah, exactly. We own it, but now we got to annex it. What about what about three? Um, basically the same thing. That north portion we needed to plat it out. Um, Windsor group too, they did that over to us. They're all in favor of it as as well. So, basically same principle that north of H3 is we brought that into the city already. Or they they did not bring in the street portion of that. They only brought in the land portion of it. So, but yes, that's been added. But yeah, that's been the land's been annexed.

Yes. Yeah. The two yellow are those have been annexed. If we're talking about the street though that we need to get annexed so we can do upgrades. So basically that can be a city street and we can we when I say we it'll be part of the tip. We'll do improvements to um basically part surface that curb and gutter make out city street. So I just want to clarify on the H3 H2 on the map there it kind of looks like that red and blue the north side of that road we would be annexing. So the south side is already annexed in cuz when they platted the south side they came in with the plat. I just want to make sure we're already annexing. So we'll be doing both. We'll be doing the north side.

We'll do the whole road. Whole road. Now, we already have the south side though and because it came in with their plat and then we'll be platting or annexing in the east side of Cob Road. Yes, exactly. I don't think the people of the west are going to care. Huh? No. Yeah. The other ones to the west are not going to care. But that's now surrounded by annex. So, doesn't that automatically become part of the I don't think we'll hear a peak from them if we annex land around you. They're going to be there unless we annex your property. You don't automatically become part of the city. Wow. I thought that was right now they touch right now they touch part of the city in the back on on the east side which is

we never for No. Yeah. No. So it looks like it's uh way on the east end there. Is there a zigzag? What are you going to do there with the you going to do the north side of the road difference and the south side? I think they'll only be Yeah. Yeah. We're going to put it diagonal. I think they're only going to be able to go to that south edge um in at some future point, you know, as the city continues to grow. I mean, that'll be have to be addressed, but it'll only be able to go to the far east side on that south edge. The road will as far as improvements, but that 50 ft will

No, I said yeah, it's only about 50 ft. at this point. Obviously, we know we can't go any further than that cuz on Second Street because it's township on both sides all the way. So, but like that's I see they they connected the way east side of the road up to East Second Street. Then I see they've got another one down farther south that kind of heads off towards your area there, Mark, going east, but it just stops. Oh, the development itself. Uh, is there going to be any plan for that to continue on over in the Marks area? I think the developers have plans within their development to have connecting streets, but right now it just Yeah, it is.

Right. Right now it does, but the one that goes over to here and then stops. The road comes in here and then there's a road like this and then it comes out here and it stops in the corner. Yeah. The end there probably. Yep. Yeah, eventually we will come across and tie in. That was on your plans, wasn't it, Mark? Yeah, it was on those plans. So, I mean, eventually they all connect within the developments. Yeah, I'll be gone. I'll be long gone by.

Okay. You probably need a vote on this one. We do. And it would be a recommendation. Annexation goes to the city council. So, it's a recommendation to the city council. Motion. Okay. I need a motion to recommend the annexing of uh it 2025-9. That's the resolution. Yeah, that's the So, you can recommend recommending that resolution. I'll make a motion to recommend the annexation resolution number 2025-9. I'll second that. Wow.

Got a motion and a second. Any further discussion? Vote. Anderson, yes. Espinosa, yes. Graham, yes. Ke, yes. Miles is a yes. All right. Old business. We got this one. We got it res. We got it reszoned. And Tonyy's not even here. Initial use hearing. Got a lot of yeses. I don't know. You feel a no coming on? No. You're saying I may need to appeal this to the city council. Kind of feel a no coming on.

Conditional use application for the T603 460th Avenue parcel number 93372 municipal waste facility. Teresa.

So this is our municipal wastewater facility. We are getting close hopefully but obviously we are still in construction. So, um, if the board wants to set any conditions or regulations to see happen on this property, I mean, obviously you guys know conditional use permit is where you can review a plan and if you want to set certain conditions like um, whether it be fencing, lighting, garbage control, um, few of you have been through this before, you know, that can be set in place at at this time and and city as well can can follow that. Um, I think we've done a pretty good job of kind of looking at all that stuff. Um, as far as our um, access points, we have lighting, you know, all through it. We are going to, I mean, obviously this isn't going to be a state-of-the-art secure facility, but we're going to put, you know, gates in uh, along the roadway. There's going to be one when you first come off of it comes off of the gravel road by Smcast there. That's the entrance point for this. Um, it won't be right when you come in. Uh it'll be right after you come in because we have to allow access to the farmer to get into the field there. It's a shared access. So it'll be right when you turn south to come into the plant, but there'll be a gate there. Um you'll come down the driveway and then right when you get basically to the west and more towards the plant, there will be another gate there. We will have some fencing. It'll be probably a wire fencing of some sort. Um not it's not going to be chain link. That's going to be we hope it's not going to be unless you guys make us it. That's pretty costly. We got a lot of feet there. We're going to put up some kind of the wire fencing um just for a little detour. Currently, there is barb wire fencing that is already in there along the interstate portion and the west side. That's going to just stay in there. That's Grandfather. That's not ours. That's on the property line. Um and we were just going to add to that additional wire fencing. Ours will not be barbed because that's not allowed in

city limits, but it'll be just a nonbarb wire fencing just to kind of fit in with what's currently there. We have street lights along the the access road for um for lighting and safety as well. There garbage. There's going to be no garbage receptacles outside at all. The the dumpsters for the waste are all within the UV building within our operations building. So none of that is sitting outside. And then um the I would say household garbage that we have just for the plant there, we'll probably just have one or two of them. Those also will be in our shop area. So there will not be any outside garbage plant at all there. Um what else can I tell you about the plant? What is there for safety just around the lagoon area or the I mean not

so that's over this kind of this whole fencing is going to go around this whole complex. Um there is like where you the stairways getting up into like where the the water is or whatnot. They're chained, you know, locked out. Um but you know it's like our current lagoons now all you have is a gate before you go into there and there's nothing around there too. Yeah. I mean, this is kind of out. It's obviously not right in town. That was my question, I guess. As far as access up in

That's why we wanted to put in the two gates and then some kind of deter. I mean, where do you I don't care whatever kind of fencing you have today. If somebody wants to get into the plant, they're going to get into the plant, but that's they're, you know, taking that risk. But I do know that there are chains um across like certain walkways or whatnot to limit access. currently now without that. And then we're hoping the additional gates and the fire will be a little bit more of a determine with them as well. Obviously, Rice Lake has done a number of these. So,

yes, they've done several wastewater facilities on there. So, like I said, I think they've come up with a good plan for it. Any cameras? Yes, we will have security system up there too. They are not installed yet, but that is part of the plan. Then we'll have cameras up there. Um, this was brought before us before, right? And it was tabled. I'm sorry. One that's brought before us before and it was tabled. Tony was something. You know what the conditions were? It needed to be approved by somebody, wasn't it? Uh no what was tables because of the zoning that's gone it only went through one reading it's gone through both its readings now. So that's all

city council only had one reading for the reasonzoning of it. We didn't want to approve this until the second reading took place. It was just and that's been done. Yes. And that was done at their last meeting. That was the only reason we right that was the Y make sure whatever we table it for and Yep. That's been taken care of now that they did that at their last meeting. So it's gone through both reads. That's completely done now. So, yeah. I mean, I think ultimately a chain link fence around that complex would be, you know, Oh, yeah. I I agree. Ideal. I mean, you go to any most of the industrial places or Right. There's a chain fence, maybe barb wire in the top to keep people out. We can't have barb wire and light industrial something

up there or or just a chain link fence in general, right? just to keep razor wire.

Um, yeah. I mean, I just think from a city perspective, it would look better with a chain a barrier. Yeah. Yeah. And and and that agreed. Let's put that condition. Yeah. I know it's not going to be there's going to be a lot too lot of fence.

We don't know. We've already we've already expensed. I don't know if there's any I have not heard of any conditions or anything that anybody wants. Has anybody else heard of anything or has any suggestions suggestion? You think there something we've missed that? Well, I too would be concerned about high school kids going out there or transient stopping and I don't the security on the thing. I think

that's a liability of the city and they've already vetted that conversation. Right. Right. design. So, I mean, I don't know that it's I mean, that's definitely why we're putting cameras up or whatnot cuz I You always have that possibility anywhere. I mean, junkyard dog. I think a junkyard dog would be a good idea. Hey, we get a dog. Our new our new by the way. That's where you can take all the ones that are running free and take them there. But you need more than a high densal fence. Yeah, that's true. I mean, I don't have any conditions as long as, like Mark said, as long as the

approved by ISG and the engineers and design. If somebody wants to get in, they're and Rice Lake did this design. No, I Right. I mean, you can lock your house on if somebody's wants in, they're going to get in. So, you just got to be there running. Yep. Yeah. So, um I don't have any conditions. Does anybody else have any? I do not. Hearing no trespass. Hearing no conditions. Um you saying put no trespassing signs and I think we just do that. Yeah, that's a good idea. That is a good idea, too. I mean, it sounds silly, but but

it also I do know that like if somebody does trespass, you can't really prosecute them unless you have those lines up. So, yes, great. We'll definitely do that just on our own. You don't have to make that condition. We'll just do cameras and Yeah. No storage units. We have to do no trespassing and then cameras on premises as well. Signage for each of those things. Yeah, that's good. Good det. Well, just for if they can read just so you prosecute them. That is a good idea because if if there is issues, you do need they'll sign each and not in cursive because they can't read cursive. Oh, no. I can't read cursive anymore. Yeah. Just normal. No trespasses.

Yeah. My neighbors got one if you need one. Get it first. um talking about you. Do you have uh do we need to just uh recommendation? So So if you just want to do a motion that you reviewed the site plan um and approve it with no conditions or if you want to have the signs or whatever. I mean I'm going to do the signs regardless. Yeah. I mean I think we just have the signs in there. So for us it looks like we cover everybody. Yeah. We want the sign. Yeah. No, I think I think that's a good ideal. any other additional security measures that the city's looking at doing cameras and such. So,

all right. Do I have a motion?

No. I'll make a motion to approve the conditional use application to the wastewater treatment facility with the condition that we get signage on the fence or on the perimeter fence noting no trespassing and cameras on premises. Got a motion. Do I have a second? I'll second it. A second. Do we have to vote on this one? Yeah. Damn it. Holy Do you want to do all in favor? All right. All in favor say I. I. Opposed.

Boom. Okay. There is uh no new business. We went through the updates. Does every anybody have anything else? Nothing. Make a motion to adjourn. I got a motion. I'll second that. And a second. And make a motion. Go watch Indiana Fever. All in favor? I I boom. You did it. You did it. They played a nice shot. They played good game five against Vegas. Bass. Bass.