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Mounds View City Council June 26, 2006 Regular Meeting Page 3 1 Brian Amundsen, 3048 Wooddale Drive, noted that Community Development Director Ericson 2 spoke to him after the last meeting and that he appreciated the offer to speak to the Council about 3 additional language. He stated that rather than changing the code and having to go back and 4 change it again, it would make more sense to change it right the first time.. He asked the Council 5 to consider additional issues and language. 6 7 Mr. Amundsen asked whose insurance would be liable if a resident builds a retaining wall along 8 a lot line, and someone else accidentally fell off – the person owns the wall, or the neighbor onto 9 whose property the person fell. He asked the Council to consider such a liability issue before the 10 code is voted upon. 11 12 Mr. Amundsen asked if retaining walls are allowed to be built up to the easement or street in the 13 front yard and asked how high they could be built. He stated he felt the Planning Commission 14 did not address such issues. He suggested the code include language stating “at the discretion of 15 City Staff.” He asked the Council to not approve the ordinance and to send it back to the 16 Planning Commission to address safety and liability issues. 17 18 Mayor Marty closed the public hearing at 7:25 p.m. 19 20 Mayor Marty said the Amundsens raised some good points. 21 22 Councilmember Flaherty said he believes the Amundsens have excellent suggestions, particularly 23 addressing height of retaining wall against an existing fence. Councilmember Flaherty noted, 24 however, the safety railing on any retaining wall could be problematic. He said he understands 25 the liability question, but does not know if the code could cover all contingencies. He does 26 believe some language regarding heights of existing fences would be beneficial. 27 28 Councilmember Thomas agreed, but stated that she believes Ms. Amundsen’s language is too 29 specific. 30 Councilmember Thomas also suggested that any retaining walls over a certain amount of feet, to 31 be specified by the Council, be subject to safety inspections.. She added that both of the 32 suggested languages could be inserted and would solve the issues. 33 34 Councilmember Gunn asked if the judgment would be made by one person. Councilmember 35 Thomas suggested it should come before the Council. 36 37 Mayor Marty also agreed that Ms. Amundsen’s language was too specific, but agrees with 38 several of her points. He asked if the code should be investigated and sent back to the Planning 39 Commission. He stated that when he refinished his deck, there were certain safety requirements 40 he had to meet. He added that he understands how someone could step off a retaining wall. 41 42 Community Development Director Ericson stated there were a few issues of concern and that it 43 would have been helpful to have such suggestions before the second reading of the ordinance 44