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LAKE ELMO CITY COUNCIL MINUTES JUNE 5, 2012 Page 3 of 6 must be reviewed by the DNR. The ordinance on tonight’s agenda is a result of multiple reviews by the responsible DNR member. Mayor Johnston noted that the DNR proposed numerous additions and changes to the ordinance that the council had approved in 2011, including a prohibition of boating movements within 150 feet of shoreland versus the 100 feet the council approved in 2011, and a change in a method to determine the lake level at which no-wake provisions would go into effect. Council Member Smith stated she believes that the specified 929.7 feet above sea level adequately protects the shoreland and she prefers that specification to the DNR specification of so many feet over the OHW mark. Justin Bloyer of 8881 Jane Road addressed the council and expressed his desire to see action on this ordinance tonight. He suggested to council that they amend both the ordinary high water mark and the safe operating distance. Patrick Dean of Hill Trail North requested that homeowners be notified when/if something would be proposed for the lakes. He said the council had adopted the ordinance November 1, 2011, changing the OHW from 930 feet to 929.7 feet and to five consecutive days. The 150 foot restriction would be impossible as it would create dead zones, and it would be catastrophic for owners of this ‘bounce’ lake which requires unique treatment. Council Member Emmons concurred with Mr. Dean’s comments regarding the 929.7 feet OHW mark, and that the 150 feet setback would be unacceptable. City Administrator Zuleger confirmed the council direction to meet with the DNR and city Attorney Snyder in revising the ordinance proposal and bring it back for council approval. In addition he stated City Staff will notify lake shore owners in the future regarding council action regarding Water Surface Use Regulations. Terry Bozak of 8110 Demontreville Trail commented that the lake community was not notified of these proposed ordinance changes; that he appreciated the hard work of the council last year and stressed lake resident notification for any major changes. Roger Johnson of 8048 Hill Trail, V.P. of the Lakes Demontreville and Olsen Association stated he was thankful for the regulation regarding the no-wake zone and approved of the 929.7 specification. Based on DNR Statutory authority, City Administrator Zuleger suggested the council reaffirm Ordinance 08-50. Council Member Smith inquired about the need to reaffirm an adopted ordinance. City Administrator Zuleger and Attorney Snyder will meet with the DNR to review the suggested DNR changes to determine which changes are mandatory and which are merely suggested. MOTION: Council Member Pearson moved to reaffirm Ordinance 08-50 dated November 2011. Council Member Emmons seconded the motion. The motion passed 5-0. *moved item 14 forward in the agenda ITEM 14: CEDAR PET CLINIC PARKING AUTHORIZATION