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<br />few days went by and the hole for the foundation was dug. Mr. Blake then questioned <br />how it is possible that Mr. Buechler got approval to build off the building pad when he <br />and his wife were told it would require City Council and neighbor approval to do so. He <br />then voiced concern that proper procedures were not followed. <br /> <br />Mayor Swedberg explained the City contracts a law firm and that when the primary City <br />Attorney is not available, another attorney will step in to act on behalf ofthe City. <br /> <br />Mr. March explained Mr. Buechler had dropped off pictures earlier today at City Hall but <br />stated he was not sure what those pictures represented. Mr. March then explained what <br />had happened that allowed the building permit to be issued. Mr. Buechler came to City <br />Hall requesting the building permit. Mr. March told him a Variance would be required to <br />build off the building pad and explained the Variance procedure to Mr. Buechler. Mr. <br />Buechler then told Mr. March he was going to contact his attorney to discuss the matter. <br />Mr. March then determined it would be appropriate to contact the City Attorney for his <br />opinion on the matter. Mr. March contacted the City Attorney's office and explained the <br />situation. He received an oral opinion which explained the building permit cannot be <br />held as Mr. Buechler is entitled to build anywhere on the property provided he meets the <br />City's setback requirements. Mr. March requested that opinion in writing and that is <br />included in Council packets for review. <br /> <br />Mr. March then stated he feels badly that the Blakes were given misinformation that <br />caused them not to pursue building off the building pad but explained he only learned of <br />this because Mr. Buechler had pushed the issue and the City needed to seek a legal <br />opinion on the matter. He then explained that the building pad means nothing other than <br />the soil has been corrected in that designated area ensuring anyone who purchases the lot <br />that the lot is buildable. <br /> <br />Mr. March stated he felt the City needed to tighten up restrictions for where the houses <br />are to be built by putting it in writing in the developer's agreement in order to have more <br />control over the development. <br /> <br />City Attorney Hoeft confirmed that the building pads are constructed to add value and <br />marketability to the lot, noting if they were not there the person buying the lot would <br />have to do testing and soil correction which costs money. <br /> <br />Mr. Blake questioned why Mr. March had to go to the City Attorney's office to make <br />sure it was okay to issue the building permit if Mr. March has the authority to issue <br />building permits. He stated he felt he was getting a lot of legal mumbo jumbo as an <br />explanation as to why they were given information that led them to believe they were not <br />able to build off the building pad. He then stated he relied on the information provided to <br />him by the City. <br /> <br />Mayor Swedberg explained that the day-to-day business ofthe City requires that City <br />employees call the City Attorney for advice. Noting that at any time there seems to be a <br />question as to what is appropriate for Staff to contact the City Attorney for verification. <br /> <br />Page 3 of 15 <br />