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City Council Regular Meeting Minutes <br />August 8, 2022 <br />Page 2 <br />1 Motion by Councilmember Jenson, seconded by Councilmember Randle, to approve the Consent <br />2 Agenda items. <br />3 <br />4 Motion carried 4-0. <br />5 <br />6 IV.PUBLIC HEARING – NONE. <br />7 <br />8 V.REPORTS FROM COMMISSION AND STAFF. <br />9 <br />A.10 Ordinance 2022-05 – Amending the St. Anthony City Code, Section 150 Regarding <br />11 Fences. <br />12 <br />13 City Manager Yunker reviewed staff has reviewed for consistency with related codes, including <br />14 the building code, and practical issues related to construction styles, permitting, city review, and <br />15 common building practices, both in St. Anthony and nearby communities. The Planning <br />16 Commission considered the request during a public hearing on July 19, 2022. The applicant and <br />17 a resident commented during the hearing. The resident’s comments included both written and <br />18 oral testimony at the hearing. Those comments related to concerns over public safety issues that <br />19 could be a concern with taller fences, and concerns over what may be described as <br />20 neighborliness issues that tall fences could create. <br />21 <br />22 During its deliberations, the Planning Commission discussed whether the proposed increase in <br />23 height would likely result in significant change in the height of many fences, and whether the <br />24 increased height (from six to seven feet) could have a significant impact over the current <br />25 allowance. Following the hearing, the Planning Commission voted 6 to 1 to recommend the <br />26 amendment, with the negative vote supported by an interest in waiting until the full fence <br />27 ordinance was being discussed to allow for additional context. As a part of its motion, the <br />28 Commission added a recommendation that the City initiate a review and inspection process for <br />29 fence permits. Because this is not a component of the ordinance itself, staff will consider that <br />30 aspect of the process on a separate track. <br />31 <br />32 The Planning Commission and staff recommends approval of the amendment increasing <br />33 maximum height of residential fences, and establishing clearer standards for measurement. Mr. <br />34 Grittman noted that most general City Code amendments require three readings by the Council <br />35 prior to formal adoption (unless this process is specifically waived by the City Council during its <br />36 review). Zoning Ordinances are an exception to this three-reading rule, which are to be <br />37 considered for adoption after a single reading by the Council. The fence amendment under <br />38 consideration is a zoning regulation (even though it is not numbered with the other Section 152 <br />39 zoning section). As such, the Council may consider adoption as a part of this reading. The <br />40 Council discussed a series of code amendments that were being researched by the Code <br />41 Committee at a recent Work Session. These included changes to the Fence height section which <br />42 are being considered with the application. The resident bringing this proposed amendment was <br />43 made aware of the staff work on the larger ordinance, but made a separate application requesting <br />44 this regulation go forward on its own schedule to address potential code enforcement issues for <br />45 their recently constructed fence. The applicant is Mark Tomas of 3308 Skycroft Drive. <br />46 <br />6