Laserfiche WebLink
<br />\ <br /> <br />February 28, 2001 <br />Council Meeting Minutes <br /> <br />~ <br /> <br />~ <br /> <br />Mr. March explained the developer who is in the process of building on the last lot in the <br />development, approached Staff with house plans showing a revised grading plan that <br />called for a portion of the garage to be off of the building pad. The Building Official <br />indicated to Mr. Buechler that he needed to revise the grading plan or adjust the house to <br />fit on the existing plan. Mr. Buechler contacted his attorney who advised him that it was <br />illegal for the City to hold the building permit subject to setback requirements. Staff <br />contacted Barna, Guzy and Stephen and spoke with Mr. Darrel Jensen in this regard. Mr. <br />Jensen was filling in for Mr. Hoeft who was out of the office. Mr. Jensen stated that if <br />the builder met the setback requirements, it did not matter whether or not the building <br />was built on the pad and the City was required to issue a building permit. Mr. Jensen <br />stated that the City may choose to require soil boring tests if the house or garage was <br />built off of the building pad. Soil corrections would need to be completed iLqeemed <br />appropriate. Mr. March requested Mr. Jensen's opinion in writing and received s~me via <br /> <br />~acsimile later that day. Mr. March stated it was a matter handled in the ordinary ~ourse <br />of business and he did not feel Council needed to be made aware of the situation. <br /> <br />Council Member Capra questioned the amount of contact Staff has with the City <br />Attorney per day and questioned whether Council should be aware of same. Mr. Hoeft <br />~ ______stated that he spends, on ~yerage, one full day per week on the telephone with Staff. <br /> <br />Council Member Capra stated that if a developer is going to deviate from a plan approved <br />by Council, she feels the "plan should again be reviewed by Council. Council Member <br />Broussard Vickers stated that she did not feel the need of Council being aware of <br />administrative, day-to-day operations of Staff. Mr. Hoeft stated that all setback <br />requirements need to be met and any agreement between Mr. Buechler and the purchaseI" <br />of the property for placement of a home, the City is not privy to nor may control. The <br />owner may place the house wherever he/she desires on the lot as long as setbacks and soil <br />boring requirements are met. The City does not determine the placement of a house on <br />the property, except for setback requirements. <br /> <br />Council Member Nelson suggested that legal issues be addressed in the Week in Review. <br />Mayor Swedberg stated that he was not interested containing same in the Week in <br />Review. <br /> <br />Mr. Hoeft explained if the matter is attorney/client privileged, it would not be discussed. <br />If there is a less substantial issue, he or Staff would present whatever information a <br />Council Member wants, noting he does not prepare a report on day-to-day dealings with <br />Staff for any other community he represents. <br /> <br />Mayor Swedberg directed Staff to alert Council to potentially large issues; however, Staff <br />should continue to handle,small situations appropriately. <br /> <br />Mr. March stated he is a professional who would forward information, as he deemed <br />appropriate, to Council to keep them abreast of issues. <br /> <br />Council Member Capra stated that she would prefer not to act in the capacity of <br />investigator but rather have concerns brought to the attention of the entire Council. <br /> <br />Page 12 of 14 <br />