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(last updated on September 26, 2007)

Falls City officials discuss easement issue

By Jason Clay Jansky

Falls City council members discussed during their September 19 meeting what to do with an assumed easement that has actually been private property for several years.

After speaking with property owner Forrest Balser during last month’s meeting, several council members checked the area out and came to the conclusion the city actually did not have an easement in the area.

Despite that, city crews have been accessing city utilities laid in the area for several years now and council members said they weren’t sure what to do.

"I think a lot of people assumed," Balser told council members.

The problem also impacts a homeowner in the area who has been accessing his property via the easement. Balser said he has given the homeowner conditional access until the problem is worked out, but council members said they’re unsure how to handle the situation.

"What are you expecting?" council member Jeff Johnson asked.

Balser responded by saying he didn’t want "certain people" using the property, but didn’t elaborate beyond that.

Mayor Brent Houdmann said the city can’t be responsible for resolving private property issues between citizens.

As for the city’s encroachment on Balser’s property, Houdmann and other council members made no official decision after ending discussion on the item.

Council members also accepted the coming fiscal year’s budget during the meeting and adopted the effective tax rate of 69.99 cents per $100 property valuation. The effective rate is lower than last year’s and is calculated with rising property values to make sure the city collects the same amount in taxes as it did the previous year.

Also on the agenda was the proposed new animal control policy. The new policy contains several changes suggested by the county animal control board as part of an attempt to standardize animal control ordinances countywide.

Council member Gery Jendrusch said he didn’t like a few things about the new ordinance, specifically the part limiting the number of dogs property owners can have.

"I have a problem with people telling me how many pets I can have," he said. "If I take care of them … that’s none of (the city’s) business."

Other council members didn’t argue with his opinion and all agreed to put off acting on the policy and speak with the animal control board before the next city meeting.

jjansky@thecountywide.com