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City Council Minutes Page 4 <br /> October 20,2014 <br /> Mr. Carlton stated this ordinance amendment,with guidance from the city attorney, <br /> addresses the summary judgment concerns and inconsistencies with state statute. He <br /> agreed with Councilmember Burandt that the issue of livestock fences and keeping <br /> livestock back from a property line is a different issue entirely and is more a policy <br /> decision that may need to be addressed at a later date. <br /> Counselor Beck clarified that the 100' setback for the keeping of livestock is the <br /> existing ordinance and the change made is due to a district court judgment;the judge <br /> issuing the judgment stated our city ordinance was inconsistent and the city has to <br /> allow a boundary fence on the property line. The ordinance amendment does not <br /> create a new 100' setback as that already exists. If council wants to revisit that,he <br /> stated staff can be directed to review and bring to Planning Commission. <br /> Councilmember Westgaard stated the summary judgment had to do with boundary <br /> fencing and the only amendment being addressed this evening was to add an <br /> additional modification to Section 30-796 referring to fences in the A-1 and R-1a <br /> zoning districts. <br /> Mr. Carlton clarified the change with the direction of the City Attorney,to footnote <br /> 3,in Sec. 30-1007. <br /> Moved by Councilmember Westgaard and seconded by Mayor Dietz to <br /> approve Ordinance Amendment 14-11 amending Section 30-976 entitled <br /> "Fences;Visibility at Intersections and Driveways" and Section 30-1007, <br /> entitled "Accessory Structures" in order to modify agricultural fencing <br /> requirements. <br /> Counselor Beck asked for clarification on whether Council is amending Section 30- <br /> 976 or 30-796. <br /> Mr. Carlton stated it should be Section 30-796. <br /> Councilmember Westgaard amended his motion to amend section 30-796. <br /> Mayor Dietz seconded the amended motion. <br /> Motion carried 5-0. <br /> After discussion, council directed staff to address the concerns of the 100ft. setback <br /> requirement. <br /> 7.6 Ordinance Amendment Modifying Landscaping Requirements <br /> Mr. Carlton presented the staff report. <br /> Mayor Dietz opened the public hearing. There being no one to speak to this issue, <br /> Mayor Dietz closed the public hearing. <br /> P O W E R E D 0 Y <br /> 1`4Af- <br />