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Ordinance 658 Report <br />May 8, 2000 <br />Page 2 <br /> <br />Due to the seriousness of this matter and the desire to protect the safety, security <br />and well-being of Mounds View residents, staff drafted an emergency ordinance <br />which allows in certain situations fences up to eight-feet in height in front yards. <br />The City Council has the authority, pursuant to Section 3.06 of the City of Mounds <br />View City Charter and Minnesota Statutes Section 462.355, Subdivision 4, to adopt <br />an emergency ordinance which would allow for the immediate adoption of an <br />ordinance in situations in which it is believed that the passage of the emergency <br />ordinance is necessary to protect the public health, safety and welfare of its residents. <br />This allows for ordinances to be adopted as they are introduced, bypassing the first <br />and second reading and thirty-day-from-publication effectiveness clause. <br /> <br />The Director of Community Development, the Chief of Police and the Interim City <br />Clerk/Administrator have reviewed this ordinance and concur that the adoption of <br />this emergency ordinance is warranted and justified based on the facts and <br />testimonies at the Council meeting and Planning Commission meetings. It is also <br />believed that this approach represents the most appropriate solution and provides <br />for some checks-and-balances in the event a similar situation were to occur <br />elsewhere in the community. <br /> <br />Staff has forwarded a copy of this ordinance to the City Attorney, who had not had <br />an opportunity to respond as to its content and form by the time this report was <br />sent to Council. If the City Attorney suggests any revisions to the ordinance prior <br />to the meeting, staff will make the necessary corrections and provide the Council <br />with the revised copies. Regardless of whether changes are needed, the City <br />Attorney will be able to address this issue while the Council is called to order. <br /> <br /> <br />Recommendation: <br /> <br />Based upon the recommendation of staff and the desire of the Planning Commission <br />to have this situation resolved in a manner such as that being presented, and given <br />the harassment issues and level of police involvement, it would seem that adoption <br />of Emergency ordinance 658 would seem warranted, subject to City Attorney <br />approval as to the content and form. <br /> <br /> <br />_____________________________________ <br />James Ericson, Planner <br /> <br />S:\DATA\GROUPS\COMDEV\DEVCASES\VR00-002\Appeal to CC -- May 1, 2000.doc