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LAKE ELMO CITY COUNCIL MINUTES DECEMBER 5, 1989 PAGE 3 Councilman Hunt suggested that the Council wait until the status of the Comp Plan is cleared, up and set priorities when the PZ Work Plan comes to the Council. M/S/P Williams/Hunt - to direct the Planning Commission to continue discussions and to make a recommendation as to whether or not the Planned Unit Development Ordinance should be removed from the code. (Motion carried 3-2: Graves, Moe). 7. Permit Issued Regarding Canopy on Accessory Building at 2945 Lake Elmo Avenue Richard, Schieffer, representing Steve Johnson, pointed out the building permit for Steve Johnson's building and canopy was applied for and issued in good faith. With the suspension of the permit that was requested by the Building Official, Mr. Johnson will incur additional expenses of $3,500 for the building, $800 excavation, $92/mo. rental costs for storage, and loss of trees that would not have needed to be taken out. Two councilmembers felt the building permit was issued in error based on our code, which allows only a 1000 sq.ft. accessory building. With the addition of a 1000 sq.ft, canopy the structure would exceed the 1000 sq.ft. allowance. They requested the Building Official to stop the building before Mr. Johnson incurred any more costs than necessary. Councilman Graves voiced his concern of the Council acting as a unified body, rather than direction given to staff by a Council member. Based on review of the acts of the situation, this could have been handled out administratively. Councilmen Williams and Graves, City Attorney Steve Carlson, Steve Johnson and his attorney will meet at 7:00 a.m., Wed. morning at City Hall with the intent to try and come to some understanding about the entire situation. Councilman Hunt will submit his comments to the City Attorney and suggested, any other council members not present, submit their comments to the Attorney. M/S/P Williams/Graves - to postpone consideration of this matter until the Wednesday meeting, at 7:00 a.m, at City Hall with Councilmen Williams and Graves, Attorney Steve Carlson, Steve Johnson and his attorney, with the intent to try and come to some understanding about the entire situation. (Motion carried 5-0). M/S/P Hunt/Williams - Councilmen Graves and Williams be empowered to make a settlement with Mr. Johnson, providing that the two of them can come to an agreement. If they're unable to come to an agreement, the Mayor will be empowered to break the tie. (Motion carried 5-0). B. CITY ENGINEER'S REPORT: A. Report on 43rd and Kimbro Avenue At the Asessment Hearing held on September 26, 1989, the City Council and the property owners discussed the rideability of the bituminous