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Resident raises cemetery access concern; city attorney says property is private
Summary
Gail Smith questioned whether an ordinance requires permission to access the cemetery and said she was told access must be requested from the property owner; Mayor Denham and City Attorney Matt Woods said the city no longer owns the property and Woods declined to give legal advice, directing the resident to the property owner.
Resident Gail Smith used the citizens report period to raise two neighborhood concerns: tall grass at two addresses and an ongoing dispute over access to a local cemetery. Smith said she was being told that visitors must request access from an adjacent property owner and asserted that the ordinance does not require permission to enter the cemetery.
Mayor Denham told Smith the city no longer owns the cemetery parcel and recommended she contact the current property owner. City Attorney Matt Woods told the resident he could not provide legal advice on the matter because the cemetery is no longer a city-owned issue. Council member Dianne Wartman recalled the original easement language was intended to permit access to the property to the right side of Chris’s property but Gail Smith disagreed about that interpretation.
Why it matters: Questions about access to private parcels that contain burial grounds can affect families, property rights and potential liability. The transcript records differing recollections about the original easement and an attorney refusal to provide legal counsel at the meeting, leaving the legal status unresolved.
Next steps: The transcript indicates Tim Wartman is arranging for a real-estate attorney to finalize part of the record and residents should consult the property owner or obtain independent legal advice.
