(Arnolds Park)– The Arnolds Park city council says a fence constructed on city right-of-way near the Abby Gardner cabin has to go.
The fence was constructed by Steve Reeder, a neighbor who wanted to spruce up the area. He put it up not knowing it was on city right-of-way. Reeder was at Wednesday’s city council meeting seeking permission for the fence to stay.
City Administrator Ron Walker told the council the city is obligated under state law to keep rights-of-way free of obstacles, especially ones that are man-made. He says it’s an issue of liability.
Walker added the city could be setting a precedence if it allows the fence to stay, siting other cases where the city required property owners to move certain things that had encroached on city rights-of-way.
The city council voted three-to-two ordering Reeder to either move the fence or relocate it off the right-of-way. Councilmen Jason Christensen and Mitch Watters voted against the motion, saying if the fence has to go, then a large oak tree that’s also in the city right-of-way in that same area should go as well. Christensen says the tree is just as much a liability as the fence.
