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Mounds View City Council June 26, 2006 Regular Meeting Page 4 because an amendment such as what is being proposed would require significant work. He 1 suggested tabling the action would be the best option. 2 3 Director Ericson said that procedurally, the ordinance could go back to the Planning Commission 4 for further review, but that typically, after the first reading, an ordinance does not go back to the 5 Planning Commission. 6 7 Director Ericson stated that he talked with the Public Works Director regarding the retaining 8 walls, and that while there are some instances in which a railing or fence would be necessary, he 9 does not believe it should be legislated. He stated there may be a way to build some 10 discretionary review into the ordinance, but would have to research the issue with City Attorney 11 Riggs. 12 13 Community Development Director Ericson said the issues could be discussed with City Attorney 14 Riggs, the Amundsens, and Planning Commission, and then brought back to Council. He added 15 that he agrees with Amundsens that the ordinance should only be improved upon once. 16 17 Mayor Marty said he would like to take the time to straighten out the ordinance now rather than 18 amending or changing it later. He said he would like something more specific and safety-19 related. He said he would be okay grandfathering in people who already have retaining walls and 20 believes in the future, adding more language will cover the Council. 21 22 Councilmember Thomas said the issues of 2-feet and under were brought up and said she does 23 not want to get too specific with the code. She said she does not want to over-legislate what 24 happens on private property. She added she would like to allow a City Staff person the discretion 25 to make decisions regarding these issues. She said all over-legislation will do is make people not 26 update these properties. 27 28 City Attorney Riggs said Community Development Director Ericson’s recommendations would 29 be appropriate. Regarding the liability question, he said if something happens on private 30 property, the City’s insurance is not liable. He added that the issues brought up before the 31 Council warrants further discussion. 32 33 Councilmember Gunn said she agrees with Councilmember Thomas. She asked if it is the City’s 34 place to determine liability if people fall off one wall into a neighbor’s yard. She said it is a 35 private property issue. She said she agrees that specific legislation will make people not update 36 their properties. 37 38 Councilmember Stigney asked about the railing, and what kinds of railings would have to be 39 legislated. He said he also believes the Council is over-legislating. 40 41 Mr. Amundsen commented that the building code already legislates specifics, including steps off 42 of decks. He stated that if decks require certain things, retaining walls should require them as 43 well. He said such legislation for retaining walls is well within the Council’s ability. He added it 44