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LAKE ELMO CITY COUNCIL MINUTES OCTOBER 1, 1996 The Council voiced several issues to be discussed between the applicant and staff. 1. The amount of trees and date for planting of additional trees between home and the shoreline, 2. The existing septic system shall be inspected while it is being removed from the shoreline area., 3. The septic system shall be Inspected prior to issuing a building permit, 4. The existing garage shall be removed. , 5. the existing garage's toilet facilities shall be removed prior to issuing the building permit., 6. All debris shall be removed from the septic site prior to issuance of a building permit., 7. That a future garage expansion or an addition to the house will not be allowed., 8. Removal of the blacktop driveway down to the house., 9. Garage be brought up to compatible level with the main structure. M/S/P Hunt/DeLapp - to postpone this agenda item until next meeting and ask Mike Downs to submit detailed plans and direct the staff to meet with Mr. Downs to resolve these issues discussed by the Council which could be made as conditions of approval and come back with a recommendation to the Council. (Motion passed 5-0). D. Proposed amendments to Sections 301.070 N.16, Subdivision 7 and 301.070D. Subdivision 7B of the Lake Elmo Municipal Planner Terwedo reported the amendment attempts to allow flexibility to the development standards in the OP Ordinance if the development plan still meets the purpose and intent of the OP Ordinance and the goals and policies in the Comprehensive Plan. The Planning Commission postponed recommendation on the Ordinance amending Section 301.070 D.16 Subd, 7B.i.b. relating to conservation easement dedicated to a homeowners association for more information. The Planning Commission recommended adoption of the ordinance relating to Development Standards with an additional change of four affirmative votes required by the City Council. M/S/P Hunt/DeLapp - to amend Ordinance 8143, An ordinance Amending Section 301.070 D. 16 Subdivision 7 of the Lake Elmo Municipal Code. (Motion 4-1:DeLapp:l think this would cause people to come in under PUD who otherwise wouldn't want to).Filla:This is not an option In the OP district. M/S/P Hunt/Johnston - to amend Ordinance 8143 as modified (change votes from 3 affirmative votes to four). (Motion passed 4-1:DeLapp) M/S/P Hunt/Johnston - to adopt Ordinance 8143 as amended, to read as follows "based on recorded findings that the proposed modifications(s) would better enhance the rural character more so than the strict interpretation of the OP regulations of the City...). (Motion passed 4-1:DeLapp). E. Letter from Meehan's requesting reconsideration of the fence between Torre Pines and the Armstrong Property The City received a letter form the Meehan's requesting reconsideration of the fence between Torre Pines and the Armstrong Property. Attorney Filla reported the Council on May 21,1996 approved a fence be constructed on the common property line and consist of poles and four strands of wire -the two bottom strands being non -barbed wire, the top two strands of barbed wire and will be 48 inches high. The statutes provide that if a party fails to comply with that order the other party can construct the fence and their recourse is to obtain damages through court action. The Council could amend action taken on May 21, 1996, but they need to know what has been done by the property owner relying on the City's action. Tom P. Armstrong stated they have spent $400 on a surveyor and purchased $1,500 on fencing material relying on council action. The fence will be constructed this weekend. This Is not a forum for an emotional kind of opinion, but should be addressing this issue to the state legislature who wrote the statute.