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<br />Council directed Staff to look into the complaint to determine whether the drainage <br />easement has been impeded and, if so, issue an ordinance violation to the owner of the <br />property. <br /> <br />Council Member Capra asked that the research requested of Staff be completed within <br />the three weeks before the next Council meeting. <br /> <br />Mr. Peterson indicated he has been in contact with Swift and Gorham on that issue as it is <br />not flowing and they are trying to get them to resolve the problem. <br /> <br />Council asked that the City Attorney determine who owns the property and provide a <br />copy of the letter sent to Mr. Halstrom. <br /> <br />Mr. Nohner indicated that he and his neighbors were cautioned to stay out of the drainage <br />easement when they were before Council last summer. <br /> <br />City Attorney Hoeft indicated that doing any work within the easement may open up <br />residents to a problem if they cause water to flow onto someone else's property in <br />violation of the ordinance. <br /> <br />Mr. Nohner indicated that he and Mr. Gulner have been at odds due to this drainage issue <br />and, as such, a complaint was filed on his privacy fence. He then said that he has <br />discussed it with various people and he needs a clarification as to the City's ordinance <br />and whether he needs to apply for a variance. He also indicated that Swift put his privacy <br />fence up and the overall height is 74 inches with a maximum of 88 inches to account for <br />the slope of the ground and keep the fence level. <br /> <br />Council Member Broussard Vickers indicated that normally Staff would make a <br />determination on this type of issue. Ms. Moore-Sykes indicated that she was asked to <br />provide Council with a copy. <br /> <br />Council Member Broussard Vickers indicated that she relies on Staff to review the issues <br />and provide a recommendation to Council before Council makes a decision. <br /> <br />Mr. Nohner indicated that Mr. Gulner went out and cleaned weeds and stuff from the <br />drainage easement as well as the timbers that were in it and he thanked him for his <br />efforts. <br /> <br />Council Member Capra indicated that Mr. Nohner's wife has MS and the purpose for the <br />fence design was to allow her some privacy on the patio. <br /> <br />Ms. Moore-Sykes indicated that this would require a variance based on the ordinance. <br /> <br />Mr. Jim Hawkins of 1854 Pioneer Lane indicated that it seems that there are quite a <br />number of people that have issues with Swift so his comment is where does the business <br /> <br />Page 13 of24 <br />