04-07-2009 CCM - Laserfiche WebLink

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LAKE ELMO CITY COUNCIL MINUTES APRIL 7, 2009 5 The Planning Commission had recommended approval of the variance application subject to conditions and provided that the proposed pergola and fireplace are located no further into the setback than the proposed pool and spa. The applicant’s landscape architect reviewed the original application and proposed alternate labeled Alternate C which had the pergola, spa, fireplace in the Southeast corner of the property and which was in response to the Planning Commission’s request. Council discussion followed. MOTION: Council Member Park moved to adopt Resolution No. 2009-014 as amended, incorporating Alternate C and variances pertaining in Alternate C to allow Vladimir and Silvia Hugec construction of a pool, pergola, fireplace and spa within the required 100 foot buffer setback in OP developments at 2931 Jonquil Trail N. Mayor Johnston seconded the motion. The motion failed 2-3 (Council Members DeLapp, Emmons and Smith voting against). The City Planner explained the review for the original application will expire April 10, 2009, but the City can extend an additional 60 days without the applicant’s consent. MOTION: Council Member Park moved to continue the variance application and extend the variance review period for consideration to the June 2nd, 2009 City Council meeting. Council Member Smith seconded the motion. The motion passed 5-0. The City Council and staff recommended that the applicant, if he chooses, work with staff during the extended review period to reconfigure the layout of the pool, spa, pergola on this property. The City has notified the applicants at the meeting and staff will send the applicants a written notice on Wednesday MOTION: Council Member Park moved to amend the agenda and discuss agenda items 13. Appointment of City attorney and Item 14. City administrator selection process and place remainder of agenda items on another council meeting. Council member Smith seconded the motion. The motion passed 3-2 (Council Members DeLapp and Emmons voting against.) Appoint City Attorney for Civil Legal Services Craig Dawson, Interim City Administrator reported the City Council interviewed five firms for appointment as City Attorney for general civil legal services. The City Council was asked which firm it wished to appoint to be City Attorney and direct the Interim City Administrator to negotiate an agreement for services with that firm. Council Members made comments about their preferences regarding the appointment. MOTION: Council Member DeLapp moved to direct the Interim City Administrator negotiate an agreement with Eckberg Lammers, Briggs, Wolff & Vierling, PLLP