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

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electric fence ~ack :a couple of feet. Some of the findings support this. Some of the other City ordinances in front of the Council tonight have very much the same language as that. He sees rationale in doh~g this and had tried to press for it originally. He would like to press for it at this point also, Councihnember Cook stated he would be very glad to look at changing the ordinance, but tonight the gentleman putting the fence in obeyed the present ordinance. He did everything asked of the ordinance, including coming to staff and asking for approval of an optional fencing material. The ordinanee~ does not state any setbacks. It is wrong to have someone go through that procedure that ~,the City ordinance sets down, and have a ruling to put a fence in, and then to require him to move the fence. The current ordinance states he can have it there. If the Council adopts one of the other two conclusions he will be recommending the City pay for the moving of the fence, sincd the property owner did not break any ordinances. Councilmember Strommen stated there was an agreement, either verbally or earlier in writing, and an attempt ,was made to include a one to two foot setback. The property owner was not able to do that, but he did not contact staff to say he could not do it. Instead, he put the fence in just six inches off of the property line. That is the problem she has, instead of being upfront the fence was just put in ,the current location. Mayor Gamec Stated the citizens were present from both sides when this was discussed. Council's action was based on what the citizens were agreeable to. The Councihnember Cook stated when someone does everything they are supposed to do with the City it is wrong to let the residents tell them they have to change it. He questioned if a resident cortlct make sor0_ eone change the color ora garage if the'y did not like it. He stated this person did everything he h-ad to do, he said he would make an attempt to put a space between him and the lot, and he did What he could. Everyone agreed until there were complaints from the neighbors. That should not-make someone lose their rights as a landowner, Councilmembet Elvig stated he concurs with Councilmember Strommen. They were working under the assumption of the fence location. He took the message of the neighbors to these people and staff. To see the location turned into a six inch line goes against what he believes was agreed upon. lie als0 does not agree with the 10 to 12 feet to clear the posts. He agrees with Councilmember Strommen that a better attempt could have been made on the property owner's part. Councilmembe~ Pearson stated he thinks fences are to be put on the property line. He feels this gentleman maylnot have followed all of the rules as they were written down. If he could get his fence in line wi.th the niles that were given that is where it should be. It is a lot of work to put the fence in and take it out, and once it is taken out it is virtually worthless. Pearson saw a picture of the fence and felt it looked like he did a good job. City Attorney Goodrich advised a decision was not made at the last meeting; tonight the Council will make a decision based on the findings of fact. City Council/February 10, 2004 Page 14 of 18