Elkader City Council discusses trees, shipping containers
By Willis Patenaude, Times-Register
It was a case of déjà vu at last week’s Elkader City Council meeting, as two unresolved issues returned to the forefront of discussion.
The first deals with whether or not the City should create a permit procedure or simply prohibit planting trees in the right of way (ROW), an issue that has become more prevalent recently due to several factors.
One is the shift in the last 10 years involving moving utilities underground, prompting the likelihood that trees planted in the ROW will impact those utilities.
The second issue was the unforeseen complications arising from the emerald ash borer, which city administrator Jennifer Cowsert said “has finally caught up with us.” Those trees are being removed, and despite the fact the city did not plant them, due to what Cowsert stated was an “odd part of state code,” the city is financial responsible for removing them, which costs taxpayers money.
The final factor, according to Cowsert, was the removal of trees during the Carter Street project, which led to upset residents.
Council member Eric Grau immediately took exception to any proposed prohibition of planting trees in the right of way. He also questioned the intentions of a proposed permitting process.
According to Grau, those concerns stem from the fact the agenda for the discussion was titled “no trees in ROW,” which implies the decision was already made. Furthermore, Grau expressed concerns over who could potentially be responsible for the permitting process and that any process would have to be “clear it’s not a prohibition” because of who is in charge.
Essentially, Grau is concerned a permitting process could potentially be a “prohibition in disguise.”
In an effort to assuage this concern, council member Tony Hauber argued the ordinance could be written in a way that would outline a permitting process.
“We just want to plant trees that are going to be a good investments for the city…we don’t want to ban trees. We just want to have a plan for them,” Hauber said.
That plan includes trees not getting in the way of or impacting infrastructure and planting trees that will survive a long time while positively adding to the ecosystem.
Mayor Josh Pope stated that, if someone met the guidelines, they would be approved regardless. “We hire professional staff and they follow the code that the council approves, once one is written,” he added in an email exchange.
Cowsert noted the current code, which is rather specific, includes a sentence to this issue: “If at all possible, trees should be planted inside the property lines and not between the sidewalk and the curb.” However, the code does not prohibit them in any sense from being planted in the ROW.
Addressing Grau’s concerns, Cowsert, who is likely to be in charge of the permitting process, said, “We cannot deny a permit if all the requirements are met, [but] I don’t think it is too much to ask for residents to plant in their own yard instead of the ROW. I guess I am unclear as to why it is objectionable to ask property owners to plant on their own property. The ROW is meant as a place for utilities.”
Pope shared a similar sentiment, suggesting he doesn’t “think it is too much to ask” for people to “apply for a permit to check for utilities.”
One individual who appeared to support a blanket prohibition was PeopleService lead operator for Elkader, Kim Werger, who stated, “keep it in your own property. Stay out of the right of way.” He noted damage done by oak trees planted in the ROW to the sewer line on Third Street, which segued into the main concern for council member Peggy Lane: the damage done by these trees.
“Tree lined streets are beautiful. I don’t dispute that. But it comes at a price,” she argued.
What that current cost is remains unknown, as Cowsert was unable to provide any estimates or analysis on just how much damage trees in the ROW have caused over the years.
But once again, Grau was the voice of dissent, at least during a separate interview, where he did not agree that negatives outweigh the positives regarding trees planted in the ROW.
“I think the planting of trees of the ROW should be encouraged, under certain conditions, as there is an aesthetic value to having tree-lined streets. Elkader’s main attribute is its attractive setting. How it presents itself to visitors is very important. One of the things that really impressed my father when he came to Elkader in 1948 was the canopy of trees that lined its streets,” Grau said.
While Grau is open to supporting guidelines for planting trees in the ROW, he remains unsure “why a permitting process is necessary.”
As for the rest of the council, members were not ready to move forward on the issue and tabled it for further discussion.
The second issue back in the forefront is shipping containers, which was last discussed and tabled in June 2022. Its return to the agenda was prompted by two recent requests for shipping containers to be placed in residential areas, which, according to board of adjustments member Joe Troutman, nobody he has talked to “has been in favor for them.” He personally labeled them an “eyesore” when they look like and still have all the shipping container markings.
“Once we set a precedent with this thing, people are just going to be dropping them anywhere,” Troutman said.
Unlike the previous issue, this one had more unanimity in response. Lane restated her previous position that she “doesn’t want them in residential areas,” to which council member Deb Schmidt agreed “100 percent,” as did Grau. Hauber also maintained his previous position that all shipping containers need to be painted, a sentiment shared by Troutman.
“I understand looking out at a rusty old box that looks like a shipping container. That is an aesthetic harm,” Hauber said.
The issue of aesthetics was brought up previously, and shipping containers feed into that debate. Schmidt stated shipping containers are simply “not designed for a residential” area, which was quickly met by Pope asking “Why not?”
According to Schmidt, people have come to her saying, “that’s not what [people] want to see Elkader turn into,” with others saying they simply “don’t want it.”
“You start letting those things pop up, and it’s going to look like a shanty town,” Troutman added.
The issue becomes whether or not the city should regulate them and how far it can regulate something as subjective as aesthetics. According to Cowsert, that’s part of the problem, because the ordinance has to have “clear criteria in order to enforce it.”
“So you couldn’t say ‘shabby looking.’ It would have to be specific, such as no pealing paint, shipping numbers covered, hinges, locks that work and no rust,” Cowsert said.
As far as regulating goes, Grau is in support of it and believes the city should be “aware of the potential aesthetic drawbacks.”
Pope does not support burdensome regulations on shipping containers, only going as far as stating that they should be painted and clean as long as they adhere to current building ordinances.
Lane, Grau and Schmidt maintained their stance on the issue, with Schmidt adding, “I just know the residents, and we are the people’s voices, and the residents are saying they do not really want it in town.” Like the previous issue, it will find its way back on the agenda in the near future.
