Laserfiche WebLink
Mounds View City Council March 27, 2006 <br />Regular Meeting Page 17 <br />• said he was going to park a car there, but in fact did. <br />Councilmember Thomas asked if a car is parked there right now. Mr. Amundsen replied there is <br />not, but the homeowner's future intent is clear. <br />Councilmember Thomas asked if the issue with the retaining wall is that a car might someday <br />park there in the future, or if it is the retaining wall's existence and the height itself. Mr. <br />Amundsen stated it is the retaining wall's existence and the issue of public safety. He stated he <br />would have to spend significant dollars to fix the fence because of something that occurred due <br />to my neighbor. He stated he should not be obligated to do something because of what his <br />neighbor has done. He needs to do this to protect his liability and his liability insurance. <br />Councilmember Thomas stated she was not sure that is true. She stated there is not enough <br />information, and is unclear if a violation has occurred. She stated the City does not know what <br />the definition of a retaining wall is, because there is a hole in the Code in regard to this item. <br />Councilmember Gunn asked where the neighbor is, as only one side of the story has been <br />presented, and the whole picture is not available. Ms. Amundsen indicated they did not tell the <br />neighbor that they were coming to the City Council with the matter. Mr. Amundsen stated that <br />the neighbor told him get off his property when he asked if the terrace could be reduced. <br />Ms. Amundsen commented that the City could have notified the neighbor, and did not feel that it <br />was her responsibility to contact the neighbor. <br />Councilmember Stigney asked about the setback for a fence. Director Ericson stated it cannot be <br />on the property line. <br />Councilmember Stigney stated Staff needs to look at the information that was provided to see <br />what the next step is. He stated he understands the whole picture, but does not know the <br />resolution and it cannot be resolved tonight. He stated it should be turned over to Staff and legal <br />counsel and readdressed in two weeks. <br />Ms. Amundsen stated this would be acceptable. <br />City Administrator Ulrich suggested that the matter be brought back in two weeks, and <br />notification of the meeting would be given to the adjacent property owner. <br />Mayor Marty stated the worst case scenario would be that the height of the fence could be <br />extended. <br />Councilmember Thomas stated she would hate to have the Amundsens make that expense before <br />a decision is made. She stated she does not think it is the Amundsens' responsibility until Staff <br />determines what is going on. <br />City Attorney Riggs stated there are not liability issues on the Amundsens' part or on the City <br />