Council

straddles

fence

Webb can keep fence while

ordinance

is reviewed

By RON LARSEN

Journal Staff Writer

NEW ULM -- The City Council stayed action on Bob Webb's out-of-compliance fence for a review of the city's fence ordinance and gutted a proposed dog-and-cat leash law so it applies only to the city's bike trail during its regular meeting Tuesday night.

Having received communication from the Public Safety Commission that the fence did not constitute a safety hazard, the councilors then got into an extended debate over whether, after having denied a conditional use permit request made by Webb, any further council action was required.

Because the commission did not see the fence as constituting a hazard, Councilor Clark Tuttle wondered if the city should really make Webb tear down the fence.

"I would like to see the city staff sit down with him and see if a compromise couldn't be worked out," Tuttle said, in making a motion to that effect.

Councilor Ron Fleischmann took exception to the idea of compromises. "The issue is if it had been done properly at the beginning, we wouldn't be here now."

City Manager Brian Gramentz also had misgivings about that proposal.

"When you're talking about reaching a compromise, there isn't anything that the staff can propose that would not be in violation of the fence ordinance. That puts us in a very difficult position," Gramentz said.

"If the garage opened onto the alley, there wouldn't be a safety issue. But it opens onto the street, and the fence is too close to the sidewalk."

Council President Dan Beranek found himself straddling the fence, saying, "I agree with everything that has been said here tonight (pro and con). There really isn't an easy answer."

On a three-to-one rollcall vote, the council decided to schedule a meeting for reviewing the fence ordinance, and, in the meantime, Webb won't be required to tear his fence down.

What appeared to be a routine approval of an amended ordinance that would have required all dogs and cats in all city parks, the new recreational trail and other city property to be on a leash and attended by their owner or other person quickly turned into a debate about it being too restrictive.

Beranek said he had heard from dog owners who use Riverside Park, in particular, for training their hunting dogs.

"Obviously, that would make it impossible for them to train their dogs," he said.

The discussion then turned to the possibility of designating certain parks as "dog friendly" areas where leashes were not required. That discussion then evolved into amending the proposed ordinance to make the leash provision apply only to the recreational trail, and it was approved.

Later, City Attorney Hugh Nierengarten said that action still didn't mean that animals would be allowed to roam free in parks.

"We have a city ordinance that prohibits letting animals roam at large. However, they don't have to be on a leash, only under control."

In other action, the council approved the drafting of a lease enabling the Coalition For A Clean Minnesota River to use the old school building at Riverside Park as a regional river history center.

It also approved an agreement with Minnesota Department of Transportation's Office of Aeronautics to fund 95 percent of the Runway 15/33 Pavement Repair and Rehabilitation Project with federal funds. The city's share is estimated at $14,419.28.