May 3, 2024 at 1:05 p.m.
North Branch pushes out Neider censure action to next month
Due to a fairly congested council agenda last week the North Branch City Council members tabled a few pending issues until May 14.
Among the delayed actions was final wording of the council’s official censure of member Kelly Neider. The city has not received a written response describing her refusal to step down. She said her legal counsel has received no communications from the city’s legal counsel.
Based on three findings of Neider having violated council code, Mayor Schieber, Robert Canada and Travis Miles voted early in April to ask for Neider’s resignation.
Neider said her attorney and the city’s attorney have not connected since the April 3 hearing on the code of conduct offense. Neider was absent from this session.
Council then had expressed its recommendation that Neider formally apologize to staff for breaching private data law and take measures to re-educate herself on rules and regulations having to do with closed meeting actions.
In the event she rejects this option, she would resign.
Council member Canada was assigned to a subcommittee to communicate the official resolution and he said last week he too has heard nothing from North Branch legal counsel by way of follow-up.
The city council will put this review on the censure on a May agenda.
Also delayed was action on a contract for a new fireworks provider.
The display will be scheduled for June 21 during MidSummer Days, instead of the Fourth of July. The American Legion Post and fire department sponsor the fireworks —and this was the new course of action for this summer.
Complaints were voiced at the council meeting about using the field near the middle school to launch the fireworks. The concerns developed into a lengthy discussion. Residents of newly-built townhomes told council the falling hot embers and sparks from the launch last year posed a danger to their structures.
Council voted to table the contract until council gets more detail on the company proposed to be brought on board. The council also wants information shared to create confidence regarding safety using the traditional middle school field site.
The MidSummer Days fireworks contract is rescheduled to be reviewed May 14.
The keeping of chickens was another issue, ripe for more information.
A resident told council he was notified his coop and number of chickens were not compliant with city ordinances. He read the ordinances and pointed out their contradictions in certain sections and council agreed wording is very confusing.
Interim City Administrator Jason Ziemer said the chicken section needs to be better defined and council needs to “look at the whole picture.”
Based on research done by Council member Travis Miles, council last took action in April 2020 revising and adopting chicken keeping regulations, but various criteria fell through the cracks. The current wording allows rural residentially-zoned properties to house chickens but not residential districts.
Neider, the lone remaining council member from that 2020 period, remarked that the ordinance was on the multi-item “consent agenda” and it sneaked in under the radar. She had no recollection of discussing the item, and said the mayor at that time and city administrator liked to get things passed that way, as consent items.
Commenting that council needs more feedback and time to digest what the intention was; Mayor Schieber successfully recommended immunity for the resident as the subject of the code notice. City staff should keep working on bringing an ordinance for approval that clearly spells out chicken keeping rules.
A request during open microphone for golf cart use in town, was directed to staff to bring to a future agenda.
North Branch has a program for sanctioned ATV use in town by registering your ATV at no cost.
The applicant is checked for insurance and that they pledge to follow rules of ATV use. Permit holders get a sticker to put on the unit.
It was a mystery to all why golf carts were never included in the permit enabling ordinance.
In awards and presentations: Public Works Director Shawn Williams presented Randall Fisk with a retirement plaque.
And, the city administrator hunt is officially on. There are several recruiting firms identified and they will be asked to submit proposals for their services in locating and vetting candidates for administrator.
Interim Administrator Jason Ziemer announced he will apply and at the appropriate time will step back from the process of coordinating consultants— and Clerk Ragini Varma will take the reins.
The goal is to meet with search firms by early June to hire one for their services. It could be a few more months for city administrator finalists to emerge.
There was also a Board of Appeal & Equalization meeting that ran about half an hour, convened in between regular council sessions in April. The Board consisted of Council members Miles, Canada and Schaps and Mayor Schieber.
A couple presentations on property tax were delivered from county assessor staff Patrick Poshek and Chase Peloquin. One citizen attended in-person for arguing property tax before council. His issue was with a zoning change which he contends has devalued his parcel. There was no action authorized on this property for 2025 taxation— but city staff were asked to make a report on how requests for information filed by this taxpayer are being responded to.
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