Minutes - Council - 05/14/2024 - Laserfiche WebLink

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fence. She explained that last summer they invited someone from the City out to talk to them about what can be done. She said they were told by this individual that he values this wildlife and was not interested in helping the homeowners maintain this area. She added that they were also told that their fence was likely on City property. She noted that they decided to do this project on their own dime this spring. She shared that they planned on leveling out some of this area in their backyard and building a retaining wall that would hopefully help with the weeds and privacy. She explained that they hired a surveyor and a contractor to do this work. She noted that during this project, someone from the City, Code Enforcement Officer Swalchick would show up and talk to the landscapers and contractors telling them that they could not build that way and needed to build it at least five feet in from the property line and if it were even an inch closer to the line then he would send someone out to tear down the wall. She shared that Code Enforcement Officer Swalchick called the police on her hired workers and even showed up to their shop and treated them in a rude manner. She explained that because of this they felt pressured to move their retaining wall farther in to make sure it was at least five feet from the property line which leaves them with very little yard space and will cause difficulty when mowing. She added that when they hired a fence company to come out, they discovered that another piece of their yard, including a section of their fence, is on City property, which was not revealed to them when they purchased their home. She stated that the fence is over 30 years old so she is unsure of whether or not the original homeowners had the City's permission to put their fence where it is. She said they are now seeking permission to put up their vinyl fence in the same place. She noted that the section of land that their fence surrounds cannot be used for anything practical as it cannot be developed and is not a large enough space to build on. She explained that if they are not able to keep their fence where it is then it will be an inconvenience to their next door neighbors as they will also have to reconfigure their fence. She shared that she has reached out to several City employees, yet no one has granted them permission to keep their fence line and some Staff have not even answered their emails. She added that they are being told that just because the fence has already been there for 30 years it is not a good enough reason to keep the fence line. She said their new fence is scheduled to be installed on May 23 and they would like written permission to keep their fence where it is and would be willing to allow the City onto the property at any time if any work is necessary. She said they would also like compensation for the hassle that Code Enforcement Officer Swalchick put them through during this process. She stated that once all invoices are paid, they have spent a total of$28,533.50 on this whole project. She explained that they love the wildlife and nature view that they have in their backyard and said they are not trying to ruin the beauty of the City. Councilmember Specht thanked Ms. Powers for coming forward and voicing her concerns. He asked Staff if they can make this a priority to look at. City Administrator Hagen explained that there are options in this situation that they can look at to resolve this issue. He said Staff can look into this and find potential solutions. Councilmember Howell shared she would love for solutions to be thoroughly explored for this issue. She said the City has obviously not had a need for this property area in over 30 years and this should be taken into consideration. Mayor Kuzma asked City Attorney Knaak about the compensation request. City Council/May 14, 2024 Page 3 of 18