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-7- subject. Mr. Soth said he sees legal problems with joint ownership of fences and recommended fences be installed on one property and construction costs shared, if desired. The Public Works Director stated that fences which are grandfathered in will be permitted to remain as they are the same as signs and non-con- forming lots until the use or structure is substantially altered. Mr. * Childs said the Fire and Police Departments in the cities he previously served had reported problems with fences higher than six feet and said the swimming pool ordinance requires fences "not less than six feet high" . Mrs . Makowske indicated the irregular configuration of some lots in the City might permit a six foot fence being built. right in front of a neighbor's picture window. The Council agreed this would be a reasonable amendment. Motion by Councilman Letourneau and seconded by Councilman Ranallo to approve the first reading of Ordinance 1982-003 with the following addition to the wording of Subdivision 3 of Requirements on the second page: "and no fence in the front yard shall be over four feet in height with the height of all fences measured from the natural grade of the property. " ORDINANCE 1982-003 AN ORDINANCE RELATING TO FENCES; REQUIRING ® BUILDING PERMIT; REGULATING LOCATIONS; PROHIBITING CERTAIN FENCES; AMENDING THE 1973 CODE OF ORDINANCES BY ADDING A SECTION Motion carried unanimously . Keith Grewe , 1001 Orchard Lane, whose request to operate a tanning salon in Apache Plaza Mall percipitated the proposed City ordinance amendment which would permit such an operation as a conditionally permitted use in the City, appeared along with Tom Van Meter, Presi- dent of Tan Me, Inc. , the franchise under which Mr. Grewe proposes to operate, to discuss their request with the Council. Mrs . Makowske reiterated that the Commission had not acted on the request because it was not on the Commission agenda which is posted throughout the City and through which interested residents could have been alerted to attend the meeting. Mr. Grewe and the franchise official repeated their belief that the health aspects of the salons should fit them into a category already established in the City Ordinance for a similar use. Mr. Van Meter addressed the "massage image" he believes people perceive for this unfamiliar business but speculated many of the exist- ing businesses in the City already offer tanning services to their clients . He invited Council members to visit his own salon in Maplewood to see for themselves what type of operation they can expect if they approve the salon for Apache. • Mayor Sundland told them he agrees with the City Attorney ' s opinion that the tanning salons do not fit into an existing category in the City Ordinance and the proposal will have to be presented at a public hearing before the Planning Commission as an ordinance amendment which