March 10, 2005

Wellman, Iowa 52356

The Wellman City Council met in special session in the Council Chambers of the Wellman Municipal Building at 6:00pm. The twenty-four hour notice of meeting was not complied with as stipulated in Iowa Code Chapter 21. Mayor Lewis called the meeting to order and stated the issue at hand was urgent as Rick Leckness’ home was under construction, he agreed to the meeting and as questions needed to be resolved, making the twenty-four hour notice impractical. The City Attorney, City Clerk and following Council Members were present: Robert Swartzendruber, Richard Oldfield, George Kisner, and Jim Seward; absent: Robert Goodrich. Also present were members of the Planning & Zoning Commission: Harold Murphy, J Carl Yoder and Wayne Wasson; Rick Leckness, Larry Thurman and Susan McClellen.

Mayor Lewis stated a building permit was issued but there were questions if the Leckness house on 13^th Street was in compliance. Swartzendruber asked members of the Planning & Zoning Commission to review their discussion of this issue. It was reported the P&Z mainly addressed the concerns of the frontage setback. Mr. Leckness had asked that his house be twenty feet back from the front line but in doing so, the offset attached garage would be closer than the twenty feet. It was the conclusion of the Commission that the garage should be at the twenty-foot setback. This would be adequate for the backyard requirements and Mr. Leckness agreed to that.

A lengthy discussion ensued as to the definition of a mobile home versus a manufactured home. Leckness addressed this issue by explaining his research into this type of home and the requirements to distinguish the two. He stated his home was a manufactured home. In review of the zoning ordinance definition of a manufactured home, Attorney Kitchen concurred this home would have to be classified as such.

Concern was also voiced as to the foundation of the Leckness home. The clerk stated the zoning ordinance gave no definitions or specific requirements for foundations under any structures with the exception of a mobile home having to be placed on a cement slab if placed in a district other than a mobile home park. Leckness reported his home has forty to fifty cement pillars four feet deep and anchors in compliance with the design of the house. He intends to backfill around the house so that it will set at ground level rather than having it skirted.

It was concluded the project was in compliance with the current zoning ordinance. The council and P & Z members voiced their concerns about some sections of the ordinance and the need to review and rewrite portions.

With no further business the meeting was adjourned at 6:45pm. The next regular City Council meeting will be Monday, March 21, 2005, 7:00pm in the Council Chambers of the Wellman Municipal Building.

Minutes transcribed by the City Clerk subject to Council approval