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<br />The City Council discussed the conditions attached to the settlement payment. <br /> <br />Rose Armstrong, 8291 15th St. N., stated it was a mistake to offer a settlement as it has <br />been a waste of the City’s time and money, and it legitimized objection to fight (family <br />feud). <br /> <br />Rod Sessing, 5699 Keats Ave. N., asked if the settlement was in the best interest of the <br />City. <br /> <br />Council Members Johnson and DeLapp did not support the financial settlement of these <br />matters. <br /> <br />Mayor Johnston supported the motion but could not discuss it because it involved <br />confidential personnel issues and helps bring closure of an issue to a long-term dispute. <br /> <br />MOTION: Council Member Park moved to approve a settlement payment of $12.500 to <br />Steve and Joan Ziertman of 5761 Keats Avenue North for claims against the City, subject <br />to the conditions described by the City Attorney. Council Member Smith seconded the <br />motion. The motion passed with Mayor Johnston and Council Members Park and Smith <br />voting in favor and Council Members DeLapp and Johnson voting against. <br /> <br />Accept donations for the Fall Festival <br /> <br />Finance Director Bouthilet explained that the City must formally accept donations and it <br />was timely to accept the cash and donated items for the Fall Festival in the total <br />amount/value of $6,220.02 <br /> <br />MOTION: Council Member Park moved to accept the cash and donated items for the <br />Fall Festival in the amount/value of $6,220.02. Council Member Smith seconded the <br />motion. The motion passed unanimously. <br /> <br />Consider an application for a 25 foot yard setback variance to allow the construction of a <br />detached garage five feet from the front property line where 30 feet is required at 11002 <br />Upper 33rd Street North; Resolution No. 2008-046. <br /> <br />Planning Director Klatt reported on a planning request from Jill Martin to allow <br />construction of a one car, detached garage on her residential property at 11002 Upper 33rd <br />Street North. The proposed garage would be located five feet from the front property line <br />where thirty feet is required and would therefore need a twenty-five foot variance. The <br />lot (0.14 acres) does not have any covered parking and a conforming location does not <br />exist for a detached garage. The Planning Commission and staff recommended approval. <br /> <br />The Planning Director, Klatt, acknowledged that the Fire Chief had reviewed the <br />proposed building plan’s proximity to the fire hydrant at the end of Upper 33rd Street and <br />found it not to be in conflict. He also explained that the impervious surface area would <br />need to be reduced through the building plan review process to conform to current codes. <br />3 <br />LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 16, 2008