HomeMy WebLinkAbout01/19/93CITY COUNCIL WORK S-3SION
January 19, 1993
5:30 p.m.
Large Conference Room
Roll call: Mayor Manning, Budak, Lemke, Angel, Wright and Fox.
The Mayor announced that the purpose of the meeting was to discuss
the request of Peters Logging & Milling to use Katoski Greenbelt
for logging purposes. In the absence of Councilperson Dell and
Buck, the Mayor noted that Councilperson Dell requested that this
item be delayed by the full council until all members are present.
The Mayor noted that he and several Council members had toured the
Greenbelt to view the area in question.
Mark Fox, speaking on behalf of the Cedar River Festival, Green
Scene and Trees Coalition, questioned why the Park Commission had
not acted on this request. The Mayor noted that in order to
facilitate and expedite the request, this item was referred
directly to the City Council. He noted that this was not an
attempt to take away Park Board authority. Mr. Fox noted that the
Park Board has expertise in such matters and questioned whether in
the future similar issues would be reviewed by the Park Board. Mr.
Fox also noted that he had spoken with former Park Director Leonard
Katoski who acquired property within the Greenbelt. Mr. Katoski
questioned whether the value of the trees being logged was worth
the damage being done to the Greenbelt. Rick Tagtow, Director of
Parks and Forestry, stated that it was not ethical for the City to
advise private property owners on how to dispose of the logs and
that it was an economic matter for the loggers. Mr. Fox also
questioned whether a legal precedent would be set if the council
were to allow the request noting that the Courts have ruled that
the public is not required to give access for private purposes.
Mr. Tagtow also commented that public bodies are immune from being
forced into providing private access across public property. He
also noted that the Greenbelt was in existence prior to the
property owners acquiring the land in question.
Mayor Manning noted that the property owners were aware that the
property was land locked when purchased. They also entered into an
agreement with the logger without any type of formal access
easement from the city.
Councilperson Lemke stated that it would be very hard to visualize
why the loggers are insistent upon transporting the logs 3/4 mile
south across Greenbelt property when access is provided as close as
1/4 mile from the property to the north of Black Hawk Road.
Councilperson Lemke also noted that in conversations with Leonard
Katoski, this particular parcel was one of the only Greenbelt
parcels not purchased because of the high cost. He also noted that
Mr. Katoski opposes access by private individuals.
In response to a question from Councilperson Wright, it was noted
that the attorney's office had formulated a proposed agreement for
access purposes but that it may not be enforceable.
Councilpersons Angel and Budak stated that they would have
preferred that this matter had come before the council as early as
February, 1992 when it was initially discussed with the Mayor. Mr.
Tagtow noted that the Park Board had denied the request
approximately one year ago but since that time, the loggers have
amended their request to a temporary easement access.
Bill Dotzler, representing the Cedar Valley Coalition for Earth,
stated their group is opposed to granting said private access. He
questioned impacts on the ground foliage or dead trees.
Councilperson Budak stated that it would be very difficult to
access the total impact at the present time.
No official action was taken on said item. It was the consensus
that action on said item be tabled at the city council meeting of
January 19th. A final decision of the city council will await a
recommendation from the Park Board.
With no further business before the Work Session, the meeting was
adjourned at 5:35 p.m.
Larry P. Burger
City Clerk/Auditor