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Councilmember Cook-Kallio noted that she did speak with Mr. Jeffrey and the Johnston's on the phone and this was not what she understood. Mr. Jeffrey said he was trying to convey to the best of his ability how the project was built. Councilmember Cook-Kallio questioned the need for the retaining wall if he did not need to put infill behind the wall. Mr. Jeffrey said erosion was his main concern. Councilmember McGovern said he dug down all the way to where the land meets the original slope. She could not understand how it could then be flat. Mr. Jeffrey said if one goes on the opposite side of the fence, the slope can be seen, and how it comes down. At one time there was aone-foot berm which got washed away over time with rains. Mr. Jeffrey said his intent is to create green vegetation along the rear portion of the property and not to rehash what the he said/she said from the la:>t meetings, but to only come to a conclusion and solution. He said the concern is for privacy which is just as much a concern to him as it is to the Johnston's, and asked for correction to conditions 3 and 4. He does not have any plans to construct an above-ground structure within 25 or 35 feet from his property line, but he did not believe he should be restricted from the use of Fiis property, and the original reason for the retaining wall was to reduce erosion of the rear yard into the storm drain system and for safety. He said it was never his intent to change the grade of his property, said the two-foot berm would not result in any more privacy in what was there previously, and said there were sound professionals present to opine on this. He presented a photo of what a four foot berm would look like. The type and variety of landscape chosen is fast growing at 24 inches per year, he is willing to plant more Pittosporum, believes vegetation is the key to resolving the problem, and has worked with the Planning Department on vegetation screening. He also has agreed to increase the rear fence from 6 feet and 2 feet of lattice to an 8 foot fence with 2 feet of lattice, and presented pictures. Councilmember Cook-Kallio confirmed Mr. Jeffrey had a picture of what the vegetation looked like before it was taken out, and presented it to her, as well a picture of the Johnston's view before the vegetation was taken out, and their notion of complete privacy was not accurate. Councilmember Sullivan questioned if staff visited prior to the work starting and now that it has been completed to review the slope issue. Mr. Dolan said yes, the planner who began with the project no longer works for the City, but building inspectors and the planner visited the property and it is their impression that there was slope and now there is a retaining wall and a flat pad. Mr. Dolan said one of the photographs shows a slope, which was presented and described. Councilmember Cook-Kallio referred to the vegetation removed, which she confirmed was located where the wood fencing was falling and where the retaining wall is; that the easement is related to drainage and the screen was independently required and did not have a specific location mandated but just that it be approved by the Planning Director. Councilmember McGovern noted that the dirt to the left of the retaining wall where the photo shows a man had not been changed. She questioned where were the trees originally planted and Mr. Dolan said the canopy of the trees extended from the fence to the dotted line, which was quite a distance between where the old fence was and where the m,an was standing. Brian Deering spoke about his 40 year electrical construction experience and said he has never seen such a mess like this. He said he was uncomfortable with statements made, confirmed that Councilmembers have not seen both views from each house and said assumptions were being made on what was on the property in the past. City Council Minutes 8 December 2, 2008