By Clark Natalie

Sometimes the most mundane item on a council agenda can create the largest reaction from everyone in the room. Such it was on Monday, July 24 at the Harris City Council meeting.

Item 6c listed as a Regular Agenda item was to have the council ìconsider a motion approving a pre-development deposit and disbursement agreement with Integra, owner of Liberty Farms, to cover city expenses incurred from providing city information.î

Mayor Rick Smisson explained that this item was not to have the owners of Liberty Farms provide money to move forward, but just to talk and ask for documents from the city. It would pay for the city to have staff, city engineer, and the attorney provide guidance and explanation for the further development.

It would reimburse the city for the hours of staff the developer will use. It makes sure that the city does not get stuck paying for the costs. Attorney Pete Grundhoefer explained that this is very typical so the city can review feasibility issues.

Smisson then said that this was the first step in the development and deciding on lot sizes was a long way down the road.

Councilman Doug Payne then asked how this could be the first step when the planning commission had reviewed preliminary plans.

This question brought a very loud exclamation from those in attendance ñ to the point people clapped and cheered.

As Smisson called for order, at least one person in attendance was carried away with the moment and began making derogatory remarks. Smisson was required to tell him to leave the proceedings because of the continued disruption. As the man left he continued to specifically call Smisson derogatory names. Once the man was gone, Smisson continued with the meeting.

Smisson reviewed with Payne the actual actions and proceedings at the planning commission and Payne explained that Liberty Farms brought in plans for review.

The commission continued to point out to Liberty Farms that the plans were very good, but the land would need to be rezoned before any action could be taken.

Grundhoefer interjected that many times developers will present concept plans before taking action to make sure what is being planned will work Concept plans are not moved forward until formally presented for approval.

Integra is developing Liberty Farms on land purchased from council member Kathy Olson. During the whole deliberation of the council, Olson removed herself from the table and did not take any part in the discussion or vote on the motion.

COUNCIL MEMBER QUESTIONED

Earlier, during public comment, Carla Waletzko had questioned what stake council member Olson still had in the land, as Olsonís family continued to remove trees from the land. Waletzko also said that with the zoning requiring 5-acre lots, the land was not valued at the amount the property was sold for and to reach the amount, the land would have to be rezoned. Waletzko asked for clarification of this issue.

Waletzko also asked why some people have requested action from the council on a number of different issues at the public comment, and were still waiting. Yet at the last meeting, when the issue of the dirt track causing problems with the neighbors, action was taken that very evening.

DIRT TRACK ISSUES

Most of the public comment items were about the dirt track issue. Smisson started out by updating the council on a tentative agreement that had been worked out with the owner. It had not been put into writing because it had to be discussed with the neighbors first.

The owner agreed to limit a number of activities. 1) To cut back on the hours and not run past 8:30 p.m. 2) Not allow anyone on the track that has taken the baffles out of their mufflers. The baffles reduce the amount of noise that is generated. 3) There are two tracks, a small track and a large track. The small track can be watered to reduce dust with garden hoses. Until such time as a system is in place to water the large track, it will not be used unless it has rained.

The owner intends to put in a sand point well to supply enough water to water the large track. 4) Limit the number of vehicles on the track at one time. Depending on the type of vehicle, whether a dirt motorcycle bike or an ATV four wheeler, the amount of noise generated depends on the type and size. Limiting the number and type of vehicles on the rack will help to reduce the noise. and 5) A sticker or decal will be developed for all vehicles that use the track. It will be required to run on the track.

Any vehicle that is tearing up the road will be easily identified if it is regularly running on the track.

Sue Shappell wondered if the owner had agreed not to run on the large track, why was it being used all weekend? And could they not limit the number of consecutive hours that are run, such as putting a two-hour limit. Shappell indicated they have health issues and ìitís gotten to be too much.î Shappell is willing to work with the owner, but wonders ìwhy does he have all the power over everyone else?î The neighbors pay taxes and would like to use their property too.

Joe Lewis pointed out the problem with vehicle using the road. There are cars and trailers parked constantly. Semi trailers have been parked on the side of the road, making it difficult to get through.

Terry Brackett spoke on behave of the owner. Brackett said the owner was willing to make concessions to keep the track open. Brackett said that by limiting the number of vehicles on the track, they may be able to eliminate those parties who are not responsible and turn them to other areas to run. Brackett said this agreement may be a good thing for all of those involved. Brackett said the main objective is to keep the track running to provide an outlet for the kids and to keep them off the street.

SPOT ZONING

The only other item brought up in the Public Comment portion of the meeting was by Lisa Jorgenson, who questioned the legal definition of ìspot zoning.î Jorgenson also wanted to know what the status of the audit that was required on June 30 was. Had the City applied for an extension?

In other business, the council:

ï Approved a contract with Bill Grasavage to search for grants to fund the wastewater treatment facility. The costs have continued to grow. Funding for the facility is now in place and secured. The city cannot lose the funding. Grasavage will see what types of grants area available to help fund those rising cost.

Payne said that people have requested a breakdown of what the WWTF will cost each taxpayer, based on a per household cost. Could the present cost be broken down and an estimate be given so the residents will have some idea. Smisson said it would be totally inaccurate and not even close. The original cost was $3.8 million. Because of the continued increase of building materials, the cost is now estimated at $4.8 million. Grasavage will find grants and funding to reduce the costs and bring the cost to the residents back to the original amount.

ï Will wait on buying a new tractor. Fire Chief Will Lucina has offered to recondition the old tractor and will charge actual costs for parts and the billable hours of any of his employees. Any work Lucina would do on the tractor would be provided free. Lucina intends to do most of the work himself. Grundhoefer said the proper method would be to advertise for at least two weeks until the next meeting for service bids on the tractor. During that time, Grundhoefer will develop an affidavit and agreement outlining what work Lucina will provide and what at what cost.