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Regular City Council Meeting Monday,June 13,2011 Page 2 Councilmember McGehee sought a response from City Planner Paschke, who was in the audience (off microphone) regarding City Code provisions; with Mr. Paschke advising current City Code would provide no recourse for Mr. Ander- son's issue. Councilmember Willmus suggested that consideration be given, and opined that, in some situations, it was not necessary for the City to get involved; but private is- sues between property owners should be handled as such. Mr. Anderson advised that he had spoken with the City's Permit Coordinator Don Munson, who advised him that there was nothing in City Code preventing the neighbor from throwing snow into Mr. Anderson's yard; and his only recourse was through civil action through the courts. Mr. Anderson alluded to other issues with the neighbor, and the neighbor's contact of the City's Police Department with allegations against Mr. Anderson. Councilmember McGehee opined that the matter should be looked into; and fur- ther opined that the only recourse for residents should not be through court. Councilmember McGehee opined that Mr. Anderson had a valid point in attempt- ing to avoid having things thrown in his yard by others. Mr. Anderson advised that there had been a recent altercation between the neigh- bor and him; and he was in the process of obtaining a"No Contact Order" against this neighbor to avoid additional altercations. Councilmember Pust expressed her empathy for Mr. Anderson and his situation; noting that the City Council was only hearing one side of the situation. Council- member Pust noted that the City Council was a legislative body; and that this was the first time that she is aware of that a citizen had not been able to resolve a snow removal situation. Councilmember Pust suggested that, if there were repeat situa- tions, there needed to be resolution, and that the court system was there to resolve such situations. However, Councilmember Pust opined that changing City ordin- ance based on one incident, requiring additional time for police enforcement, didn't seem prudent. Councilmember Pust apologized that the City Council did not get back to Mr. Anderson sooner, opining that responding to citizens was part of the City Council's job. Mayor Roe thanked Mr. Anderson for his attendance at tonight's meeting and for his patience; and advised that City Manager Malinen had recorded Mr. Ander- son's information, and would be following-through with him. City Manager Malinen concurred; noting that he would talk among Department Heads at their Tuesday morning meeting and copy the City Council on their rec- ommended course of action for Mr. Anderson.