Wells has concerns for Jake’s Pizza CUP
The Wells City Council meeting last Monday, Oct. 11, seemed to be moving towards a speedy conclusion, but that changed when the second-to-the-last item on the business agenda came up for discussion.
The council was to consider a conditional use permit (CUP) for Jake’s Pizza and its owner, Dawn Navara.
The Planning and Zoning Commission had forwarded the CUP to the council for final approval.
However, council member Brenda Weber had concerns the CUP had not been handled properly by Planning and Zoning.
“I believe four of the necessary five criteria were not met,” Weber said.
Weber then listed some of her concerns.
“The area is zoned as a residential area so a restaurant is not allowed in that area even with a CUP,” Weber stated. “They cannot meet the setbacks and they would not have enough off-street parking available.
“This is not personal, but we have to follow the requirements.”
Mayor David Braun suggested having the city attorney, David Frundt, look into the matter.
“This should not even have been brought to the council,” Weber asserted. “Only one of five requirements is able to be met.”
Braun tried to keep the meeting moving forward by offering three options.
“We can vote yes, no, or to send it to the attorney,” Braun offered.
Weber then brought up a concern over odor.
That is when Navara spoke up.
“This is getting frustrating,” Navara commented. “The smell from Brakebush is a lot worse than anything we would produce. I have already paid for two permits to start and now I am hearing I cannot expand.”
Narvara’s son also spoke up.
“We have so many people telling us they are anxious for us to open,” he said. “There is a lack of restaurants in this town. If it keeps going like this there will not be any left in Wells.”
There were residents attending the meeting who live across from the proposed restaurant.
“I am concerned about the liability,” one of them said. “What happens if someone going to the restaurant slips and falls on my sidewalk?”
There were also questions about how the previous owner of the property, CJ Holl, was able to operate a commercial kitchen at the site.
“I trusted CJ. He sold me the property. And I paid for two permits and now I am being told I cannot build,” Navara stated. “Then the city will have another building sitting empty.”
A vote was finally taken to send the matter to Frundt. It was noted the council may have to consult a different attorney since Frundt has also advised Navara concerning her property and there may be a conflict of interest.
The council also opened sealed bids for three different parcels of land the city owns and will be renting out through a two-year lease.
Bryon Voigt was the high bidder on one of the parcels, which is approximately 46.6 acres located west of the driveway to the wastewater treatment facility. His bid was for $95 per acre.
The second parcel, which consists of 15 acres of farmland near the airport, went to Nick Kalis for $185 per acre.
The final parcel consists of five acres, with less than three acres as tillable farmland. It is in or near the West Meadow Subdivision. Mitch Treptow was the only bidder and will pay a total of $225 to lease the land.
The council also:
• Voted to approve pay estimate No. 2, in the amount of $463,951, to Wencl Construction for work on the 2021 Street and Utility Improvement Project.
• Approved a motion to divide Parcel C, of the Garden addition, into Parcel C and Parcel D based on the survey submitted by J&M Partnership, LLC.