Minutes - Council - 02/10/2004 - Laserfiche WebLink

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Further discussion: Councilmember Pearson noted all the land along Highway 10 had been changed to residential and there was just a zoning change to the west as well. He suggested they may need to look at the Comprehensive Plan and change the zoning along Highway 10. Motion carried. Voting Yes: Mayor Gamec, Councilmembers Cook, Kurak, Elvig, Pearson, Strommen, and Zimmerman. Voting No: None. Motion by Councilmember Cook, seconded by Councilmember Pearson, to waive the Zoning Amendment application fee. Motion carried. Voting Yes: Mayor Gamec, Councilmembers Cook, Pearson, Elvig, Kurak, Stro~nmen, and Zimmerman. Voting No: None. Case #5: Adopt Findings of Fact and Conclusion Pertaining to a Request for an Appeal of City Staff's Interpretation of Fencing Regulations in the R-1 Residential District Mayor Gamec explained this issue has been debated and staff has prepared findings of fact for the Council's review. He noted concerning page 4 of 5 of the resolution, conclusion number three requires a minimum of three strands, however, he believes it was only discussed to be one strand. City Attorney Goodrich advised the findings that are adopted must support the conclusion. Staff believes three potential conclusions would be supported by the findings; however, the Council may want to add conditions. Mayor Gamec reviewed the potential conclusions of the request for appeal. Councilmember Elvig noted in regards to finding #21, he remembers the discussion and on January 13th the property owner offered to eliminate the electric feature if the City would not require a two foot setback from the property. Councilmember Elvig stated it seems to him the electric fence has 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 Administrator approval is needed. Councilmember Kurak requested clarification regarding the finding #22 that a 10 to 12 foot wide clear path is needed to 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 needed to remove the posts. City Council/February 10, 2004 Page 11 of 18