07-05-2005 CCM - Laserfiche WebLink

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LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2005 7 Council member Smith asks why we would limit ourselves to one specific vision when we can look at others as well. Administrator Rafferty says we are looking for a public and private partnership. We will look at all players and Council can hold interviews and then choose the Master Planner. Council member Johnson withdrew previous motion to hire Thorbeck. M/S/P Johnson/Johnston - to authorize staff to move forward for request of qualifications and adding in the items of standards, development workshop with developer and a then hold a workshop with the City Council. (Motion passed 5-0.) 10. CITY ATTORNEY’S REPORT: A. Legislative, Finance, Legal, Personnel Committee Report – Sessing/Ziertman At the Special Committee Meeting of June 30, 2005, members heard additional testimony from both parties and City staff. Mayor Johnston, Committee Chair Johnson and Council Members DeLapp and Smith attend the Special Committee Meeting. The Committee adopted the six recommendations to the City Council regarding these issues/allegations discussed by the Committee. Rod Sessing verbally responded to questions and summarized the history of the scope of activity on his property, 5699 Keats Avenue. The Council discussed the six recommendations from the FLLP Committee and made the following motions: Attorney Filla stated the cease and desist order was given on October 20, 2004. It is his recommendation to proceed with civil action in the Washington County Court because of the ability to discover information we don’t have. Council member Smith asked for a date of compliance for the three-sided structure. Council member Smith suggests that had Sessings not moved thousands of cubic yards of dirt, there would be no need for the illegal retaining wall. M/S/P Johnston/Smith – to approve the action recommended in Item No. 1. The Staff and the City Attorney be directed to proceed with execution of the Building Official’s earlier Order to remove the partially complete three sided structure on the Sessing property for which no building permit was obtained, but is required. (Motion passed 5-0). Attorney Filla noted that Resolution Number 97-37 he referred to was actually Resolution No. 99-37, which laid out the history to use fieldstone. Attorney Filla indicated he sent Attorney Snyder a copy of Resolution No. 99-37. Attorney Filla noted that there was never a change to the ordinance.