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

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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. Councilmember 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 not needed to move the fence. He explained finding #22 is stating that the property owner has said this. Councihnember Strommen suggested finding #22 could be changed to state "The subiect property owners informed staff that the,/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 needed 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. Bruce Konzack, 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. They would either fall into his neighbor's yard or he would need to start on the inside of the trees when removing them. He has a solid wall of trees that would have to be removed. In addition there are ten foot posts that are five feet into the ground. Motion by Councilmember Elvig, seconded by Councilmember Kurak, to adopt the Findings of Fact I through 22 with the additional finding #23 to state "The Council finds a 10 to 12 foot wide cleat' path is not needed to remove the installed fence posts from the ground." Motion carried. Voting Yes: Mayor Gamec, Councilmembers Elvig, Kurak, Cook, Pearson, Strommen, and Zimmerman. Voting No: None. Mayor Gamec inquired if the property owner had indicated he only wanted one strand that would be put out on a five inch extension on the outer post. Mr. Konzack stated when he and Chris Anderson worked out an agreement on the fence Mr. Anderson said that the electric wires would be on the inside and a barrier wire would be on the outside. The first section of the fence would put one strand off halfway down all the way across and on the inside there would be three live wires and two non-live wires. When Mr. Anderson inspected the fence and saw the two non-live wires he sent him a letter proposing action for the City Council/February 10, 2004 Page 12 of 18