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MI~IUTES <br />City Council <br />Feb. 25, 1987 <br />Kl ei n/P~c <br />Culloch <br />Fence <br />Platter (Cont <br />Fahey asked the Planner if he had conversations with Mrs. Klein <br />prior to the fence being constructed that she wanted basketweave <br />design. <br />)The Planner replied that he was not aware of Mrs. Klein's wanting <br />the basketweave design, but knew that she wanted a wooden fence <br />and this is what he indicated to Mr. McCulloch. The Planner <br />stated that he sent a letter to Mrs. Klein to this effect with a <br />copy to McCulloch. <br />Fahey asked the City Attorney his opinion regarding the basketweave <br />fence. <br />The City Attorney reported that he has had considerable discussion <br />with the City Planner, City Clerk on this matter and has reviewed <br />the Planner's file as well as the City's fence ordinance. The <br />City Attorney reviewed Section 903.020 F 4 of the ordinance for the <br />Council. <br />The Attorney also reported that the City has a Developer's Agreement <br />for the property, which has not been signed by McCulloch as yet, <br />which states that the fence must comply with City ordinance. <br />The Attorney also reported that the Council previously determined <br />that completion of the fence was part of the requirement before <br />McCulloch's bond can be released. <br />The Attorney stated that he could find nothing in the files that <br />would give the City grounds to pursue litigation against McCulloch <br />to require construction of a basketweave fence. <br />Scalze questioned why the developer's agreement is unsigned. <br />The Attorney reported that it has been sent to McCulloch for his <br />approval. <br />Menk commented that this agreement justcame about with the expansion <br />of the karate studio. <br />The City Clerk indicated that this is the only developer's agreement <br />the City has for the McCulloch property. <br />Mrs. Klein indicated that she has a copy of previous Council <br />meeting minutes in which Mr. Fahey indicated that the fence will <br />be constructed to the satisfaction of Mrs. Klein. <br />Fahey replied that it is the goal of the Council to try to satisfy <br />neighbors, however, this was not a part of the conditional use <br />permit approval. <br />Klein disagreed, and questioned the transcripts that the City <br />Clerk put together of previous Council meetings. <br />Page -6- <br />