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MINUTES <br />CITY COUNCIL <br />OCTOBER 26, 1994 <br />fences, one on the McCumber property; one around the <br />City's water tower which has been ordered to be <br />removed; three within the Rice Street redevelopment <br />district which have the potential for removal in the <br />near future; and one which may be removed as part of a <br />development proposal. This leaves one fence in <br />addition to the McCUmber fence that would remain non- <br />conforming. <br />Morelan felt that if the barbed wire fence issue was a <br />wide-spread problem that the Council should look at <br />amending the Code. However, the problem is not as <br />wide-spread as originally thought. <br />Based on the information supplied by the City <br />Administrator, both Morelan and Scalze indicated that <br />they would not be in favor of amending the Code <br />LaValle pointed out that it takes four votes of the <br />Council to change the Code. LaValle pointed out that <br />the Sheriff's Department has indicated that barbed wire <br />on top of a fence adjacent to residential would not be <br />a hazard and would protect property. LaValle pointed <br />out that the arms of the fence on which the barbed wire <br />is strung are facing in, rather than out. LaValle also <br />noted that the thefts at McCumber's property have <br />slowed since the barbed wire was installed. There was <br />a theft there recently, however, rather than goinq over <br />the fence, the thieves cut through the fence. <br />McCumber reported that he has reviewed the ordinance <br />and it does not state barbed wire is prohibited <br />adjacent to a residential area. The ordinance states <br />that barbed wire can be used as security fencing within <br />Industrial property. <br />The City Administrator pointed out that in interpreting <br />the ordinance one must refer to the definition section <br />as well. A boundary line fence is any fence within <br />five feet of the property line. Therefore, the <br />provisions relating to security fence are not the <br />governing sections of the ordinance. Barbed wire is <br />prohibited in residential districts. In industrial <br />district abutting residentially zoned property this <br />same provision applies. <br />The City Planner agreed, and stated that any fencing <br />within five feet of the property line, which the <br />23 <br />