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Community Development Director Frolik replied approval would still be needed from the <br />Zoning Administrator. <br /> <br />City Attorney Goodrich explained the ordinance states unless fencing material is chain link or <br />wood, Zoning Administrator approval is needed. <br /> <br />Councihnember Kurak requested clarification regarding the finding #22 that a 10 to 12 foot wide <br />clear path is needed to accommodate the machinery needed to remove the posts. <br /> <br />Community Development Director Frolik explained the fence was-installed about five to six <br />inches off the property line. The removal of trees would be needed to accommodate the type of <br />machinery needed to remove the posts. <br /> <br />Community Development Assistant Anderson explained the fence posts can be driven into the <br />ground easily without any machinery. However, once the posts are at a certain depth they are not <br />something one can wrap their hands around and yank out. A chain needs to be thrown around <br />the posts and hooked up to some type of a vehicle or machine to get the Posts out of the ground. <br /> <br />Mayor Gamec stated a fence jack can be used to remove the posts, and he has done this. <br /> <br />Councilmember Kurak stated she takes exception to finding #22. <br /> <br />City Attorney Goodrich advised the Council could add a finding that states a 10to 12 foot wide <br />clear path is not needed to move the fence. He explained finding #22 is stating that the property <br />owner has said this. <br /> <br />Councihnember Strommen suggested finding #22 could be changed to state "The subject <br />property owners informed staff that they believe a 10 to 12 foot .... " <br /> <br />Councihnember Kurak stated she would feel more comfortable with staff adding their own <br />opinion rather than changing the property owner's statement. <br /> <br />Council consensus was to add finding #23 to state "The Council finds a 10 to 12 foot wide clear <br />path is not needed to remove the installed fence posts from the ground." <br /> <br />City Attorney Goodrich advised the Council must be sure the findings of fact support the <br />conclusion. <br /> <br />Bruce Konzack, property owner, stated when he approached the City with the removal of the <br />posts his concern was more than trying to cut a path. He thought that most, if not all of the trees <br />would have to come down because the trees on the outside edge would need to fall somewhere. <br />They would either, fall into his neighbor's yard or he would need to start on the inside of the trees <br />when removing them. He has a solid wall of trees that would have to be removed. In addition <br />there are ten fbot posts that are five feet into the ground. <br /> <br />Motion by Councilmember Elvig, seconded by Councilmember Kurak, to adopt the Findings of <br />Fact 1 through 22 with the additional finding #23 to state "The Council finds a 10 to 12 foot <br />wide clear path is not needed to remove the installed fence posts from the ground." <br /> <br />City Council/February 10, 2004 <br /> Page 11 of 18 <br /> <br />P39 <br /> <br /> <br />