Agenda - Council - 02/24/2004 - Laserfiche WebLink

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require a two f~oot setback from the property. Councilmember Elvig stated it seems to him the electric fence ~as been the issue. He inquired if a three strand wire fence would pass the City Code without an electric feature. Community Development Director Frolik replied approval would still be needed from the Zoning Administrator. City Attorney Goodrich explained the ordinance states unless fencing material is chain link or wood, Zoning gdministrator approval is needed. Councihnember Kurak requested clarification regarding the finding #22 that a 10 to 12 foot wide clear path is nelededto accommodate the machinery needed to remove the posts. Community Development Director Frolik explained the fence was installed about five to six inches off the property line. The removal of trees would be needed to accommodate the type of machinery needled to remove the posts. Community DeVelopment Assistant Anderson explained the fence posts can be driven into the ground easily without any machinery. However, once the posts are at a certain depth they are not something one can Wrap their hands around and yank out. A chain needs to be thrown around the posts and hooked up to some type of a vehicle or machine to get the posts out of the ground. Mayor Gamec Stated a fence jack can be used to remove the posts, and he has done this. Councihnember Kurak stated she takes exception to finding #22. City Attorney Goodrich advised the Council could add a finding that states a 10 to 12 foot wide clear path is nor needed to move the fence. He explained finding #22 is stating that the property owner has said this. Councilmembe~r Strommen suggested finding #22 could be changed to state "The subject property owners informed staff that they believe a 10 to 12 foot .... " Councilmember Kurak stated she would feel more comfortable with staff adding their own opinion rather than Changing the property owner's statement. Council consensus was to add finding #23 to state "The Council finds a 10 to 12 foot wide clear path is not needled to remove the installed fence posts from the ground." City Attorney Goodrich advised the Council must be sure the findings of fact support the conclusion. Brace Konzaclq property owner, stated when he approached the City with the removal of the posts his concern was more than trying to cut a path. He thought that most, if not all of the trees would have to Come down because the trees on the outside edge would need to fall somewhere. City Council/February 10, 2004 Page 12 of 18