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<br />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 /> <br />Councilmember Howell agreed with Councilmember Heineman’s suggestion. <br /> <br />Mayor Kuzma commented he wanted to ensure the shed was moved out of the easement but agreed <br />with giving time. <br /> <br />Councilmember Heineman asked what the wording of the motion should be. <br /> <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 /> <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 /> <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 /> <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 /> <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 /> <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 /> <br />City Council /June 14, 2022 <br />Page 8 of 17 <br /> <br />