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City Council Minutes — 11/26/0 1 Copy Page 3 Roger Hess, resident, spoke against the variance. Frank Hess, 1907 Shady Beach, spoke against the variance. Daniel Shieley, 190 1 Shady Beach, spoke against the variance based on materials handed out to Council Members and the public. Kysylyczyn, Goedeke, and Maschka sought clarification about the sequence of events. Kathleen Crea, resident, spoke about her memory of the fence construction. Klausing commented on the tests for a variance and suggested a hardship had not been shown. Kysylyczyn asked about using Dispute Resolution, Inc. The Council then turned to the backyard fence issue involving the stretch of fencing down to the lake. Maschka commented on his concerns about such fence structures under the City's Shoreland Ordinance. Jamnik described the DNR position on Roseville's Shoreland Ordinance. Goedeke noted the significant visual impact of large fences on the lake. Patricia Johnson, resident, commented on the purposes of the Shoreland Ordinance. Applicant Hoff described his replacement of the pre-existing wooden fence with a similarly sized vinyl fence. Kysylyczyn closed the public hearing. Maschka moved, Mastel seconded, to continue this Variance Request for 60 days, and to instruct staff to take this matter to Dispute Resolution, Inc., and involve, if possible, a11 affected persons. Roll Ca11, Ayes: Maschka, Mastel, Goedeke, Klausing and Kysylyczyn. Nays: None. At the ca11 of the Mayor, Kysylyczyn announced a recess at 9:20 p.m. Kysylyczyn called the meeting to order again at 9:35 p.m. I-2 Maschka moved, Goedeke seconded, to send this issue back to the Planning Commission to study and recommend possible changes to the City Code, Section 10 16 - Shoreland regulations, regarding the placement of structures and fences near lake shores. Roll Ca11, Ayes: Maschka, Mastel, Goedeke, Klausing and Kysylyczyn. Nays: None. E. Organizational Business Recess Shoreland Ordinance Request for Review & Consideration of an Amendment to Section 1016 E-1 Maschka and Kysylyczyn recused themselves. Maschka and Jamnik Ethics Commission left the dais and the Council chambers. Mastel presided as Acting Findings Mayor. Richard Lambert Complaint Connie Pease, Chairperson of the Ethics Commission, summarized the findings and recommendations of the Ethics Commission. Klausing asked what provisions of the Ethics Resolution were at issue. Klausing also asked about the burden of proof in Ethics