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