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<br />Mayor Wilharber called for a vote on the motion. <br /> <br />Ayes - 2 (Wilharber and Sweeney) Nays - 2 (Travis and Nelson). The motion failed for lack <br />of a maiority. <br /> <br />Council Member Travis indicated he is not opposed to the fence, but is concerned that the fence is <br />built in the City's road right-of-way. <br /> <br />Mayor Wilharber questioned the options the Salazars had due to Councils lack of majority. Mr. <br />Hoeft indicated the Council could grant the variance request for the six (6) foot, wood, privacy <br />fence provided it is not in the City's road right-of-way, allowing the Salazars to continue the <br />project. <br /> <br />Motion bv Council Member Travis. seconded by Council Member Nelson to grant the <br />variance request for the six (6) foot. wood, privacy fence provided it is not in the City's road <br />right-of-way. <br /> <br />Council Member Sweeney expressed his concern that the City may be imposing a hardship on the <br />residents by not granting the variance. Mr. Salazar has been required by the City to meet certain <br />specification in regards to keeping his dogs and has agreed to add fencing to make the neighbors <br />more comfortable and to keep children separated from his dogs. Council Member Sweeney stated <br />that requiring Mr. Salazar to move the fence would require additional monies to be expended by <br />Mr. Salazar, which he has indicated he does not have. Therefore, Council Member Sweeney <br />would like to see the variance approved. <br /> <br />Mayor Wilharber stated that there would be a Council Member absent at the next meeting also. <br />He then stated that he understood the opposition to the variance request concerning the City's road <br />right-of-way but noted Mr. Salazar had agreed to be financially responsible for any costs incurred <br />due to the fences location in the City's road right-of-way. <br /> <br />Mr. Salazar stated he should have been able to rely upon the information provided to him by the <br />City and if the information was not reliable, he should have been told to consult another agency to <br />determine the location of his property lines. <br /> <br />Mr. Salazar indicated twenty (20) postholes have been dug and he has gone through two (2) augers <br />due to soil conditions. Mr. Salazar stated that he feels the City has pushed him around and all he <br />is trying to do is provide a safer area for his dogs to exercise and play and to make his neighbors <br />feel more comfortable. <br /> <br />Mayor Wilharber questioned whom Mr. Salazar spoke with at City Hall. Mr. Palzer indicated he <br />had given Mr. Salazar the information. Mayor Wilharber questioned how far into the City's road <br />right-of-way the fence was encroaching. Mr. Palzer stated eight inches. <br /> <br />Mr. Hoeft stated that City officials can not be held accountable for information they give on the <br />location of property lines, it is ultimate responsibility of the property owner to determine exactly <br />where the property lines are. <br /> <br />Mayor Wilharber stated that the average property owner is not an attorney, engineer or surveyor <br />and that if information was obtained from the City he understands why Mr. Salazar would believe <br /> <br />Page 10 of 14 <br />