Minutes - Council - 09/02/2008 - Special

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Mr. Kiefer stated that is correct and the vehicle is operational and licensed. Councilmember Look asked if Mr. Kiefer was stating that his wife owns both the property and the vehicle. Mr. Kiefer stated that this is correct. Councilmember Look stated that Mr. Kiefer is implying that he is married to his wife, but doesn't share this property. Mr. Kiefer stated that he has use of the property, but he is not the legal owner of the property. Councilmember Look stated that he feels if Mr. Kiefer and his wife were to be divorced, he would own 50% of the property and the van. He stated that he feels Mr. Kiefer is splitting hairs and trying to be difficult and costing the City a lot of money. Mr. Kiefer stated that he feels the City is costing itself a lot of money. He stated that this driveway has been grandfathered in since prior to the City being in existence. Councilmember Dehen stated that he would like to hear City Attorney Goodrich's opinion. City Attorney Goodrich noted that his statements began at 7:55 p.m. and asked City Administrator Ulrich to keep track of time and make sure he does not exceed his 20 minute limit. He stated that Exhibit A during the hearing was a property account summary from the County that lists K. A. Kiefer and Mary A. Kiefer as the property owners. He stated that there was also a probate court record from the County recorders office that makes a reference to a Contract for Deed between Minnie Viola Dickenson and K.A. Keifer and Mary,ann Keifer. He stated that the Council should note the spelling of the last name as K-e-i-f-e-r, not K-i-e-f-e-r, and was misspelled in the Contract for Deed document. He stated that the evidence shows that they are the owner of the property. He stated that in the transcript, Mr. Kiefer stated that he "lived at that property". He stated that it doesn't matter who owns the van. He stated that the City's authority stems from the U.S. and State Constitution and the City Charter section 6.12. He stated that there is a State Statute that says cities have the authority to regulate the general welfare of the citizens and the preamble to City Code section 5.20 gives the City the authority to step in because this situation presents a threat to public safety. Councilmember Olson asked why Mr. Kiefer was the only one mentioned in the Findings of Fact and Conclusions and not also his wife. City Attorney Goodrich stated that it is City policy to select a property owner, not both the husband and wife. He stated that they have joint tenancy and have the ability to control their own property. Councilmember Dehen asked whether there was a provision in the abatement that requires the violating party to provide some sort of notice to the City with specificity. Special City Council Meeting I September 2, 2008 Page 5 of9