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Mounds View City Council August 14, 2006 <br />Regular Meeting Page 3 <br /> <br />Mayor Marty opened the public hearing at 7:21 p.m. <br /> <br />Hearing no comments, Mayor Marty closed the public hearing at 7:21 p.m. <br /> <br />MOTION/SECOND: GUNN/THOMAS. To waive the reading and adopt Resolution 6901 <br />Approving a Conditional Use Permit for an Oversize Garage at 2932 Woodale Drive. <br /> <br />Ayes – 5 Nays – 0 Motion carried. <br /> <br />B. Second Reading and Adoption of Ordinance 773, an Ordinance Amending <br />the Zoning Code Relating to Landscaping, Fences and Retaining Walls. <br />(ROLL CALL VOTE) <br /> <br />Director Ericson explained that the ordinance is back for a second reading after the previous <br />second reading on June 26th was tabled. He stated the Amundsens had additional language <br />requests and that the Council tabled action and recommended the City Attorney and Planning <br />Commission review suggested changes. <br /> <br />Director Ericson stated the changes were presented to the Planning Commission on August 2nd. <br />He explained the Commission reviewed the changes individually and felt none of the suggested <br />changes should be included in the ordinance and it should be approved as previously presented. <br /> <br />Director Ericson explained that the Planning Commission had previously discussed the language, <br />but determined it does not make sense to incorporate the suggestions universally. He stated the <br />changes could be considered over-legislated in some cases. He stated if the City has control over <br />the land, that there will be railings and protections on retaining walls, but the Planning <br />Commission felt it did not make sense to change the language universally. <br /> <br />Director Ericson stated Staff and the Planning Commission suggest approving the ordinance as it <br />was originally presented. He stated Staff believes the code does sufficiently address some of the <br />concerns brought up by the Amundsens. He added Staff is recommending the ordinance the way <br />it was originally presented because they do not want to over-legislate. <br /> <br />Mayor Marty opened the public hearing at 7:27 p.m. <br /> <br />Brian Amundsen, 3048 Wooddale Drive, stated that when the he brought his and his wife’s <br />concerns to the Planning Commission and Council in the spring, he was told there was no <br />ordinance to address his situation. He stated that the language his wife suggested would <br />specifically address his concern. He stated the suggested wording regarding retaining walls next <br />to pools would have allowed the Council or Planning Commission to deny any retaining wall that <br />is along side a public safety structure. <br /> <br />Mr. Amundsen stated that he suggested additional language regarding public safety and asked the <br />language be incorporated into item seven. He said he is more concerned about safety and <br />commented that building code provides for specific standards and his suggested language falls