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Councilmember Woestehoff commented that looking at the elevations so it is outside of the <br /> easement that the grade is equivalent to the land it is currently on. <br /> Councilmember Howell agreed with Councilmember Heineman's suggestion. <br /> Mayor Kuzma commented he wanted to ensure the shed was moved out of the easement but agreed <br /> with giving time. <br /> Councilmember Heineman asked what the wording of the motion should be. <br /> Interim City Administrator/Community Dev. Director Hagen replied he had spoken with City <br /> Attorney Knaak about what the motion should be. He stated if Council direction is to have the <br /> shed moved, the motion would be to deny the request. However it would then become a code <br /> enforcement case and Council could provide direction on waiving enforcement for a set time or <br /> date. <br /> City Attorney Knaak recommended denying the request so the statement has been made and then <br /> as a part of the denial instruction for City Staff to waive any enforcement of any violation for a <br /> determined time and the Staff would be instructed to take no enforcement action during that time. <br /> He suggested adding findings such as a misunderstanding that the City understands but must <br /> enforce the code. <br /> Motion by Councilmember Heineman, second by Councilmember Musgrove, to adopt Resolution <br /> #22-114A Denying the Easement Encroachment Agreement for 16306 Lithium Street NW with <br /> direction to City Staff that there shall be no code enforcement action taken on this location until <br /> August 1, 2023 due to misunderstandings and possible miscommunication. <br /> Further discussion: <br /> Councilmember Woestehoff offered a friendly amendment that no code enforcement related to the <br /> shed is a part of the motion. <br /> Amended motion by Councilmember Heineman, second by Councilmember Musgrove, to adopt <br /> Resolution#22-114A Denying the Easement Encroachment Agreement for 16306 Lithium St NW <br /> with direction to City Staff that there shall be no code enforcement action related to the shed be <br /> taken on this location until August 1, 2023 due to misunderstandings and possible <br /> miscommunication. <br /> Motion carried. Voting Yes: Mayor Kuzma, Councilmembers Heineman, Musgrove, Howell, <br /> Riley, Specht and Woestehoff. Voting No: None. <br /> 7.03: Introduce Ordinance #22-18 to Rezone 15861 Jarvis St NW from R-1 (Rural <br /> Developing) to E-3 Employment (Project No. 22-120); Case of Big C Development <br /> LLC <br /> City Council/June 14,2022 <br /> Page 8 of 17 <br />