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The Council decided that the fence is an illegal use because it was not in compliance with the City's regulation in 1997 and is not in compliance with the City's current regulations. The Ziertman's indicated that the fence was installed as a protest of what they consider to is illegal construction on their neighbor's property which they believe negatively impact them. The Council asked the Ziertman's to resubmit their complaints so the City can insert them into the Complaint Log. M/S/P Siedow/Dunn — that the City finds that the Ziertman fence was not in compliance with the City's regulations in 1997 when installed and is not in compliance with the City's 1998 regulations, therefore, it is an illegal use and should be removed by April 15, 1999. This date was set because the fence posts will be difficult to remove due to the frost in the ground. (Motion 4-1:Dunn:The City should not be used for personal squabbles.) E. Legion Avenue 201 Lift Station Maintenance Foreman, Dan Olinger; reported a problem with the Legion Avenue 201 Lift Station. Lametti and Sons is the only company interested in repairing the system by installing a temporary pipe above ground at a cost of $4,600 for time and material. This expense will come out of the $19,000 in the Enterprise Fund. M/S/P Siedow/DeLapp — to direct staff to proceed with installation of a temporary pipe above ground by Lametti and Sons from Hugo, MN, at an estimate of $4,600 for time and materials. (Motion passed 5-0). The Building Official received a request from a resident to hook up to the Legion Avenue 201 Lift Station. The City Engineer responded that the system can handle the addition, but suggested waiting until the permanent repairs are done to the lift station before the City considers the request. 7. CITY ENGINEER'S REPORT: A. CSAI-I 17 Bike Trail In his memo dated December 29,1998, Tom Prew felt that this possible link between the Tri-Lakes area and the Old Village could be a vital part of the Old Village Plan. No motion was made. The Council thanked the City Engineer for bringing this request to them, but wanted to wait until the Village Plan was completed and then the City could look at a bike trail in an overall plan. 8. PLANNING, LAND USE & ZONING: A. Resolution Adopting Application Fees/Escrows The staff recommended a restructuring of the Fee Schedule related to Planning and Zoning City review process. Planner Dillerud explained this proposal is based on inequities detected within the existing fee structure; an effort to reduce the time consuming record keeping functions of the escrow system, and an effort to fully compensate the City for P&Z review functions, and reduce the burden on the property tax in the process. M/S/P DeLapp/Armstrong — to adopt Resolution No. 99-6 establishing application fees for Planning and Zoning applications and to direct the Finance Director to set up a separate Revenue Account for Plat Administrative Fees; and City invoicing of Administrative Fees for existing Development Agreements at the 2% of construction cost rate, with credit for "pass through fees" paid to date. (Motion passed 5-0). B. Preliminary Plat for Collopy Hills: Abbott/Friederichs At its January 11, 1999 meeting, the Planning Commission adopted a recommendation for approval of this preliminary plat to adjust an existing property line between two land parcels, currently 28 acres and 10 acres in size, respectively. The Planning Commission also approved a Zoning Ordinance Variance to permit a 5.28:1 length/width aspect ratio for proposed Lot 1, where the Zoning Ordinance requires a maximum 3:1 aspect ratio. Planner Dillerud reported that upon plat approval, the parcel sizes would LAKE ELMO CITY COUNCIL MINUTES JANUARY 19, 1999