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initial recommendation that the Council deny the appeal but has also explored one alternative in an attempt to satisfy the interests of both Mr. Pretzel and Ms. Fink. As a potential compromise, staff proposes reducing the portion of the fence adjacent to the Fink residence to six feet over a length of five feet, or approximately ten board widths. As indicated in the staff report, the height reduction would significantly minimize the view impacts from the Fink residence. Mr. Baker has indicated that the impact to his neighbors view will be mitigated by shrubbery that he is conditioned to install at the rear of property, and, therefore, he has not been agreeable to this change. Ms. Fink supports the alternative, but Mr. Pretzel continues to support his appeal that the entire fence be reduced to six feet. Mayor Hosterman opened the public hearing. Carl Pretzel, appellant, said it was ashamed that the transcripts from the Planning Commission hearing were lost because it was clearly a hostile situation. Mr. Fialho clarified that the transcripts were not lost; technical difficulties meant that the entire meeting, including other important items, were not recorded. Mr. Pretzel shared a number of photos depicting both the fence in question and others throughout the Valley Trails neighborhood. He contended that he took no part in the construction of the fence, other than to correct a dirt spillage issue onto his property, and that if the fence had been constructed in the same fashion as Ms. Fink's, his share would have only been $300 rather than the $1000 he spent. He said he has had to spend an additional $300 to correct the issue of oozing mud onto his property. He said the City's Planning Department acted improperly in stating that a 7-foot fence is required for pool safety when the Code Enforcement Officer's own email stated a requirement of 5 feet, accused the Planning Department of reporting fabricated requirements throughout the process and said the Planning Commission's Chair himself is uninformed on the relevant requirements. He said he believed Mr. Baker made a number of subterfuges in planning for the fence and several false claims following its construction, which is why he removed his name from the application. He said he was given false information and that Mr. Baker used his money for a different purpose and taller fence than what was originally intended. He said he did not support staff's alternate proposal, which would create a severe and noticeable notch in the fence line and ultimately devalue his property. Robert Baker provided the City Clerk with a copy of his talking points. He stated that he and Mr. Pretzel consulted prior to demolition of the old fence to discuss his concerns, none of which was fence height. He said he constructed the fence entirely on his own, which Mr. Pretzel observed from start to finish, that he incorporated all of his demands, and that Mr. Pretzel expressed satisfaction with the fence upon completion. He said Mr. Pretzel did not approach him with any concerns until the day following approval of Mr. Deike's permit application, which he surmised stemmed from his own support of Mr. Deike's application. He said he fully supported the Zoning Administrator's conditions of approval and agreed to replant tall growing shrubs to conceal the fence height at its intersection with Ms. Fink's fence. He said the existing fence does not restrict light or air flow, hinder storm drainage, interfere with utility lines, or create any safety hazard. He does not wish to modify the height of his fence, which provides his family with much needed security and privacy, in any way. He noted several activities of concern, including peeping tom incidents, refuse tossing, and intrusive surveillance cameras. He asked the Council to deny the appeal and allow him to move forward with the remainder of his home improvement projects. Councilmember Sullivan referred to a photo taken from Mr. Pretzel's rear yard. He asked and Assistant City Manager Bocian confirmed that Mr. Deike's fence is also 7 feet tall. Mr. Bocian clarified that Mr. Deike did agree to reduce a small portion of his fence where it abuts the Fink residence. Councilmember Cook-Kalb requested clarification on the proposed plantings, which she presumed would be similar to existing shrubbery. Mr. Baker confirmed and said the City's landscape architect deemed the English Laurel to be an excellent and ideal choice. City Council Minutes Page 7 of 12 May 15, 2012