Tuesday, July 7, 2020

Eagle Butte

Dupree City Council appoints new representative to Ward II; resolves dispute with a decree

Property line issues on the Dupree City meeting agenda were resolved this month concerning easement encroachment.

Jayme Pesicka, now former Ward II representative, raised an ongoing and at that time, not yet resolved concern, that people heading to and from the city’s airport to dump trash were driving onto her property because the alleyway was not clearly marked.

According to Mayor Jim Veit, the easement from each person’s property line is 10 feet from the edge of the actual property and creates half of the 20 feet that consists of the alleyway between properties.

Pesicka paid to have her property surveyed and discovered that the electrical poles in the alleyway on the east side of her property run down the middle of the alley. The survey also revealed that her neighbor’s addition extends into the easement by 10 feet, blocking half of the alley. Pesicka told the council over a year ago that this encroachment causes people to think the alleyway is actually 10 feet into Pesicka’s property, and those who use it were using her driveway and then driving down the alley. To address the issue, Pesicka moved her driveway to the west side of her property.

At the time of the original complaint, the council passed a resolution to ensure people complete building permits that are mapped out based on surveyed information to avoid unknowingly building on, over or past property lines.   

Last month, Pesicka raised the issue again, and asked what the council planned to do to resolve the issue, which she said is still a problem. The neighbor whose property is in question, Holly White Wolf, was not present at the last meeting, and so the council opted to table the discussion until they had an opportunity to speak with White Wolf.

Mayor Veit, at the beginning of Monday night’s meeting, asked for an adjustment on the agenda to bring line items 13A, “Resolution to Jamie Pesicka’s trespass and easement concerns” and 13E, “Jamie’s letter of Resignation — Appointment considerations ?” to the top of the agenda after the visitor, Carl Shauer, addressed the council.

Council members agreed, and the council addressed Shauer’s concerns about laying gravel at or near his approach before the weather turns, stating that they will try to get gravel laid by the first of November, using gravel out of Rapid City.

Shauer said he was willing to pay for the gravel, and offered to do so at the meeting, but was assured that was not necessary at the time.

The council then directed attention to White Wolf who was present at the meeting, and 

offered her a decree, “White Wolf Right of Easement.”

The decree states, “By Special Decree of the Dupree City Council at their Regular Meeting of October 7, 2019; let it be known and understood that the city grants Holly White Wolf permission and access to leave the addition to her house in the City alley right of way or the east half of the alley between lots 1 ad 12 of Block 21 of the City of Dupree.”

The decree states that it will remain in effect until such time as her and her family move or abandon the property.

“Let it also be understood that during this time frame; Jamie Pesicka will assume the possession of the west half of this alley between Lots 1 and 12 of the City of Dupree.”

The decree declares that “this dual action” will in affect deny travel or trespass concerning the alley of Block 21 City of Dupree.”

An objection was proposed by Unalee Howe, Ward I, who said that the decree did not address the issue.

White Wolf said she asked permission to build the addition onto her home from the person who was Mayor at the time, and said permission was granted.

Sam Owen, Ward III, said he recalled telling White Wolf about four years ago, she would not have to move the addition unless she sold the trailer. Owen said the granted permission should be documented in the City’s meeting minutes.

“To address Unalee’s concern,” said Veit, “there is still 10 feet of alley. . .One thing about living in Dupree, we can make the laws follow common sense.”

Veit said that in the past, the city never required building permits. In an interview after the meeting, Veit said that the current building permits are not numbered, and it is hard to find them in the meeting minutes, which are printed and bound in books.

He said currently, there is no system set up to make minutes easily accessible and searchable.

During the meeting, both Veit and Howe raised the example of Lawrence Woodward’s new grain bin, by which Howe said there is a road. The council acknowledged that they were unaware of a building permit being completed by Woodward to build the grain bin, and no one is sure if the bin and road is within Woodward’s property lines.

After the meeting, Veit used Woodward as an example to suggest the building permit process is not used, and part of the reason is because Dupree is a small town. Veit also pointed out that the city does not have a building inspector, and the only reason to issue a building permit is to prevent encroachment disputes.

Howe also raised the concern that Pesicka was not present at the meeting to agree with the decree, but the other council members did not address that concern as an issue and chose to proceed with the motion.

Sandy Lemke, Ward I, motioned to approve the decree for White Wolf, and Donnie Farlee, Ward II, Arlene Martin, Ward III, and Sam Owen, Ward III, all voted for the decree, with Howe voting against it.

Immediately following the vote for the decree, the council accepted Pesicka’s resignation from Ward II and offered the position to White Wolf, who accepted it. The council voted to appoint White Wolf to the Ward II spot vacated by Pesicka and all but Howe voiced approval with no objections or abstentions mentioned.

Moving on the agenda, Sheriff Gary Cudmore reported to the council that Gage Jewett, who patrols the area by the park in the morning and works at the school, is doing a good job, receiving praise from school officials, helping to reduce the speed at which traffic moves around the school, and developing a positive relationship with the students and teachers.

Howe raised a concern about kids recklessly driving four-wheelers, side-by-sides and golf carts and asked if something could be done to raise awareness about the dangers before someone is seriously hurt.

Howe said as an example, one of those small vehicles tipped in front of her house, and a young kid hurt his leg. She went out to see if she could help, but the kids took off before she could get there.

White Wolf said that her son was among those kids, and that the parents spoke to the kids about the dangers of recklessly driving those vehicles.   

The council then turned their attention to the gravel issue, and Farlee suggested the council consult Glenn Haines to see if he can bring in some loads before November 1, when the gravel from Rapid City can be delivered.

The council agreed they would check with Haines for gravel loads in light of the pending weather change.

A maintenance supervisor was offered a position with the city, but rejected it, leaving the city without a full-time employee or supervisor for maintenance.

Council members suggested offering the current part-time employee, AJ Starr, a full-time position pending he acquire a driver’s license for insurance purposes.

Currently, Veit said that Starr does not drive any city vehicles, and he provides his own truck for Starr to drive while on city business.

The person who is hired for the maintenance supervisor position will still need to have a CDL.

The city’s garbage dump will be closed temporarily until the city can clean it up and then fence it off, re-opening it with some regulations to prevent irresponsible dumping.

Ray Lenk, former Mayor of Dupree, issued a complaint to the city about the condition of the dump, which runs along his property, and said he would call the EPA if the city did not do something about it, said Veit.

In other action, the Fire Department was issued a spiker’s permit for their annual ball, and Maria’s Bar was issued a renewal of the on sale/off sale license.

Finally, the city was told they would receive the deed for the Mormon Church by October 7, but as of meeting time, they had not received it.

Howe left the meeting immediately following adjournment, and there was no time to ask her about the meeting’s motions at the time of the press deadline.