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City Council Minutes <br />October 20, 2014 <br />Page 4 <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 Modiffydng Landscapung Res ua rernents <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 />_. _'Al <br />