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Mounds View City Council April 24, 2006 <br />Regular Meeting Page 31 <br /> <br /> <br />Councilmember Thomas stated that the two issues have no relation to each other. She stated a <br />retaining wall is not a parking surface. She stated that from a legal standpoint, a retaining wall <br />might allow for a parking surface, but it is not the same thing. She noted that regardless of <br />whether a parking surface is created, it is still a different structure that is not related. <br /> <br />Mr. Amundsen asked City Attorney Riggs that when the act of an individual indicates intent. <br />City Attorney Riggs stated that it depends on the issue. <br /> <br />Councilmember Thomas stated that if the car is parked closer, there is a clear code violation, but <br />until that happens, there is not a code violation. She noted it comes down to a matter of <br />subjective interpretation and she cannot see that there has been a code violation for the Council <br />to enforce. <br /> <br />Mayor Marty stated the Planning Commission needs to clear up the code. <br /> <br />Mr. Amundsen confirmed that the Council’s policy is that retaining walls can be built up to the <br />property line and that this policy is set by non-action. He confirmed that in past practices, the <br />building department has approved permits for retaining walls up to the property line, will <br />continue to stand. <br /> <br />Mayor Marty stated that is correct until it is changed. He noted the Planning Commission will <br />start looking at the code. <br /> <br />Councilmember Flaherty commented that the adjacent property owner is not before the Council <br />to determine if there is an amiable situation. <br /> <br />Mr. Amundsen stated he is asking the Council to have the other party be engaged. He wondered <br />if the building department could assure that the additional six or eight inches will be removed by <br />the adjacent property owner. Mr. Amundsen pointed out that he will still have to put up more <br />fencing and find remedies to pay for the additional fencing <br /> <br />City Administrator Ulrich stated there is nothing precluding the City from getting all parties <br />together to work out an agreement. He stated the City would be willing to potentially mediate <br />this issue. <br /> <br />Mrs. Amundsen asked if City Administrator Ulrich would set up the meeting with the adjacent <br />property owner. City Administrator Ulrich indicated he would. <br /> <br />Mrs. Amundsen stated she they are reasonable and concerned citizens and that they hope to leave <br />with the impression that they never intended to be bad neighbors. She stated they plan to live in <br />the neighborhood for many more years. She indicated that unless something can be worked out <br />in the next couple of weeks, they will be forced to spend money to improve the fence. She stated <br />they will probably come to the Council if the situation cannot be resolved with the neighbor. She <br />commented that they feel forced into that situation.