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