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Owner and attorney contest vacancy finding for 1113 A Street; council defers decision
Summary
At the July 15 Schuyler City Council meeting, property owner Gary Sims and his attorney argued the building at 1113 A Street is an active, though not publicly open, business; the council reviewed documents and City Attorney Graham said members would decide by the next meeting.
Mayor Art Lindberg and the Schuyler City Council heard competing claims July 15 over whether the property at 1113 A Street should be declared vacant and subject to enforcement.
City Attorney Graham summarized documentary evidence and said the issue before the council is whether the site constitutes an "active business" or a "vacant" property under city standards. Attorney Shane Placek, representing owner Gary Sims, presented additional documents (Attachment 3) and argued the presence of a business does not require posted hours, signage or public access. Placek asked directly whether the city requires “hours of operation, a sign, and open to the public” to avoid a vacancy finding.
Gary Sims told the council he operates from the building in a semi‑retired capacity, said he has paid an occupation tax and holds a license, and disputed that the property is vacant. City Administrator Johnson told the council her records indicate the occupation tax had not been paid for at least 10 years, creating a factual disagreement the council will need to resolve.
Council member Kasik questioned Mr. Sims about what documentation shows active business operations. Attorney Graham asked members to review the paperwork presented at the meeting and make a determination at the next council meeting.
There was no formal vote on a vacancy determination at the July 15 meeting. The council did not reach a decision and set no interim enforcement action on the record; City Attorney Graham asked members to consider the submitted documents and stated the matter would be decided at the next meeting.
What happens next: the council will revisit the 1113 A Street materials at its next scheduled meeting. If members determine the property meets the city’s vacancy criteria, further administrative steps or enforcement could follow; the transcript does not record any specific penalties or dates for action.
