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City Engineer Westby answered in the affirmative if the wall is four feet in height. <br />Chairperson Backous asked about the monetary value of the five foot easement. <br />City Engineer Westby stated he did not determine a value. <br />Councilmember Riley asked if the property owner constructed a four -foot wall. <br />City Engineer Westby stated it may be in the three -foot range. <br />Development Services Manager Gladhill stated it is still in an easement so a permit would be <br />required regardless of height. <br />Councilmember Kuzma stated if the property owner did not follow the rules, they should be <br />required to remove the retaining wall and be given an opportunity to purchase five feet of <br />easement. <br />Chairperson Backous agreed that the City cannot allow construction of retaining walls on public <br />property and he would support Option 2, reviewing how the wall was constructed, and if it is to <br />Code, discuss the cost to pay to leave the wall where it is at, and the cost of the permit. <br />Councilmember Riley stated the retaining wall also has to be constructed to meet Code <br />requirements. <br />Development Services Manager Gladhill stated if directed, staff can use the Great River Energy <br />transaction as a starting point to determine the price per square foot. <br />Councilmember Kuzma stated if the property owner does not agree to purchase the easement and <br />construct the retaining wall to Code requirements, then the City should have a Plan B to require <br />removal of the retaining wall. <br />Chairperson Backous agreed and noted the building permit will require construction to Code <br />standards. <br />City Engineer Westby stated Option 1 assures the wall is correctly constructed and leaves five <br />feet of easement in case the other property ever develops. <br />Chairperson Backous stated his understanding that the neighboring property will never be <br />developed. <br />Development Services Manager Gladhill explained how this property had been subdivided and <br />restrictions on buildable area until /unless public utilities are installed. He stated he will work <br />with City Engineer Westby on this matter. <br />Public Works Committee / July 16, 2013 <br />Page 4 of 9 <br />