The demolition of higbee’s café is still causing heartburn for the Sundance City Council, leading to a motion at last week’s meeting for City Attorney Mark Hughes to send a letter to the owners asking them to be more cognizant of public safety.
Mayor Paul Brooks explained his concern over the current situation next to the building, stating that the deconstruction and lack of snow removal is blockading the sidewalk. Wheelchair users must currently go out into the busy highway in order to pass the building, Brooks said.
Firmly stating that the danger is being caused by the owners’ negligence, Brooks stated that the city needs to take action. He pointed out that a city ordinance exists that requires business owners to keep the streets next to their premises clean and plowed.
The council hit a snag while deciding what to do about this problem. Under normal circumstances, said Hughes, the city would file a citation with its municipal court, but work is still ongoing to secure a new municipal judge.
As there does seem to be a light at the end of that particular tunnel, Hughes suggested writing a letter to Darlene and Jason Coder explaining that the city will charge them if they don’t cease violating the ordinance. A motion was passed to approve this plan.
A second issue involving the demolition also required the council’s attention. Clerk-Treasurer Theresa Curren pointed out that the deadline has now passed on the agreement made between the city and the Coders in July, 2021.
At that time, the Coders informed the council that they had made the difficult decision to demolish the structure. The goal, said Darlene, was to revitalize the lot; however, because it was difficult at that time to secure a contractor and the cost of building materials was high, it was unlikely the project could be completed that year.
On the basis that the council had agreed to a deal with the owner of the North Pole Meat Locker to dispose of the rubble free of charge as long as construction began on a new building within a set time, the council agreed to do the same for the Coders.
The council approved a motion to offer disposal for 35% of the city’s going rate, on the condition that the Coders started construction within 18 months and reached completion in no more than three years.
The initial 18-month deadline passed in January.
Public Works Director Mac Erickson confirmed on Tuesday, that, while the majority of the material from the building does appear to have been hauled away, the people working on the demolition are still bringing some items to the C&D pit.
In other words, the Coders have been making use of the agreement.
The issue of the looming deadline was most recently discussed in January and Hughes was asked to send the Coders a letter. On Tuesday, Hughes informed the council that he had done so, acknowledging that, “It did spur some work on their behalf.”
The Coders have not attended recent council meetings during which the demolition has appeared on the agenda and, again, did not attend Tuesday’s meeting. Unfortunately, Brooks said, a discussion of the contract and what to do moving forward requires the Coders to be present in the room.