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City Council Minutes Page 7 <br /> September 17,2012 <br /> Attorney Neilson stated that in the farming business there are certain times when work has <br /> to be done. He stated Mr.Moritz has been trying to complete his fencing project for two <br /> years but he only had the time to do the fence at the time he actually installed it. He further <br /> stated Mr. 'Moritz has cattle that have to eat and eating fresh grass saves him money <br /> then he doesn't have to use his hay. <br /> Councilmember Westgaard questioned if there was additional work done to install the fence <br /> since Attorney Neilson and his client were here at the August 20 meeting. <br /> Mr. Nielson stated yes. <br /> Councilmember Westgaard further asked if i\a. Nielson advised his client to move forward <br /> with installing the fence on the property line. <br /> Mr.Nielson stated he told Mr.Moritz that if he had to install the fence to get the cattle on <br /> his property that it was his opinion that state law overruled the city ordinance. <br /> Councilmember Westgaard expressed disappointment noting that the fence issue was <br /> discussed at the August 20 Council meeting and the City Council at that time did not <br /> disagree that the ordinance should be reviewed regarding the location of fences and the <br /> definition of partition and livestock fence. He stated the City Council specifically asked staff <br /> to look into the matter and bring it back as soon as possible and Attorney Neilson and his <br /> client chose not to work with the city to work through the issue when less than one month <br /> has gone by. <br /> Councilmember Westgaard questioned if Mr.Moritz applied for a wetland mitigation permit <br /> • to install culverts in the Trott Brook. <br /> Mr.Moritz stated it is not Trott Brook but Old Judicial Ditch#1,which was annulled in the <br /> 1960's by Sherburne County and given back to landowners. He stated he cleans the ditch out <br /> all the time and the DNR has approached him that he could be fined but they never did <br /> anything to him because he owns his portion of the ditch. <br /> Councilmember Westgaard stated the city has a wetland mitigation ordinance that Mr. <br /> Moritz should be adhering to and he further stated the city currently has a fence that is <br /> installed that is in violation of city ordinance. <br /> Councilmember Zerwas questioned how long the five-foot setback has been in effect in city <br /> ordinance. <br /> Attorney Beck stated it was originally adopted in 1982 and amendments were made in 2001 <br /> and 2004. <br /> Attorney Neilson questioned when the city took over the township and if the 1982 City <br /> Code covered all of Elk River. <br /> Attorney Beck stated after the merger in 1978,the county ordinances continued to be in <br /> effect for the township areas and the village/city continued to follow their ordinances. He <br /> stated a new Council and Mayor worked on drafting a new city code which was adopted in <br /> 1982. <br /> • <br />