KINGSFORD - A couple facing a property line dilemma was encouraged Monday by Kingsford officials to negotiate with the developer who owns the adjacent land.

Diane and Doug Hicks of 409 Garfield St. say they learned only recently that the developer's property survey cuts off a corner of a deck that has been on their home since it was purchased in 2001. The property line also cuts through a garden and a wood pile.

The Hicks home borders former city property that was sold to Valders, Wis., developer Kevin Kleinert, who is building a multi-unit apartment site at the end of Garfield Street. Kleinert is also the developer of the River Pointe condominiums and subdivision.

"We want to be bought out," Diane Hicks told the Kingsford City Council after a lengthy discussion Monday. Hicks asked the city to assist.

"We don't own the property any more," responded Kingsford Mayor Michael Flaminio. "That would be a decision that he (Kleinert) would have to make."

The homeowners say the city is partly to blame because in 2004 the council turned down their request to purchase 50 to 100 feet of additional property. Two similar requests from homeowners in the Garfield area were granted by the city before the Kleinert sale.

According to Flaminio, the city approved those other sales because they were outside of the proposed development area.

Diane Hicks told the council her husband's health is affected by the project. "Our house shakes every single day," she said of the ongoing construction.

"It is difficult for us not to be skeptical," she said of reaching a deal with the developer.

"Things are very tight down there," acknowledged council member Jeff Sjoquist, who visited the site. The city can make sure the Kleinert activity complies with setback requirements, but otherwise "the ball is in your court to dispute" the property lines, he said.

"It comes down to the current property owners," said council member Dale Baldwin. "I would encourage you to work something out with him."

The property line issue was brought to the council's attention Oct. 19. City Manager Darryl Wickman subsequently prepared a summary.

According to Wickman:

- In 1992, prior to selling two vacant lots at 409 Garfield, the city hired Robert Perkins to survey them along with a few other city-owned lots nearby. During the survey, the lot corners either had existing markers, or markers were installed by the surveyors.

- The two lots at 409 Garfield were sold to Mark Dulan and he received a city zoning permit to construct a house and garage (no deck included). No record can be found of a zoning permit for the existing deck. Also, the corner markers left in place for the lots by the surveyors in 1992 have not been found.

- In July 2004, the city received a request from the Hicks to purchase 50 to 100 feet of land south of their property to prevent any other building. There was no mention at that time of the any possible property line encroachment or setback issues. (And the Hicks say they were aware of none.) The council was aware that plans were being made by a private developer and that this city-owned property might be attractive for a multi-family residential development. Also the council was aware that the Kingsford Planning Commission was reviewing various city-owned properties with a recommendation forthcoming. Therefore, the city turned down the Hicks' request.

- In September 2004, the Kingsford Planning Commission approved a recommendation to the council that the city property south of the Hicks property be retained by the city until a master plan was in place.

Tony Edlebeck, the city's public works superintendent, noted that the developer had the Garfield area property surveyed more than two years ago. The issues on the Hicks property arose only this fall when Kleinert had the lines marked to begin construction.

The council approved initial terms of the sale to Kleinert in July 2008 over the objections of neighboring property owners, including the Hicks.

Phillip Peterson, a Grant Street resident, addressed the council Monday, objecting to the apartment complex and supporting the homeowners.

In other action Monday, the council:

- Tabled a request from residents on the 400 block of Grant and Garfield streets to vacate an undeveloped city alley right-of-way. The city must first determine existing utility easements, which would remain in place even if the request is granted.

- Approved tentative dates of July 16-17 for the 2010 U.P. Hog Wild barbecue competition and music festival at Lodal Park. A request from the Hog Wild committee for electric and water upgrades at the park will be reviewed.

- Heard North Pyle Drive resident William Johnson discuss the council's rejection of his request in June to purchase a lot at 101 Evergreen Court. Johnson had wanted to move an existing home to the site in lieu of new construction. He offered photographs of the refurbished home, and claimed it "more than meets the requirements." The council had declined in June to vary from guidelines already imposed on other purchasers that required new home construction in the newly developed residential area.

Jim Anderson's e-mail address is janderson@ironmountaindailynews.com..)