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LAKE ELMO CITY COUNCIL MINUTES May 7, 2013 <br /> <br />Page 11 of 14 <br /> <br />7. Karen Johnston 8200 Hill Trail N asks Council to look at the City Noise Ordinances because they require a quiet time between 10pm and 7am and there is a sliding scale of other times when noise making activities can start in residential neighborhoods that depends on noise level. Wants to make sure Council is not passing one ordinance that conflicts with another. City Administrator Zuleger discusses the City’s current noise ordinance. Council Member Bloyer states that jet skiing times is regulated by state statute. 8. Joe McGrath 8120 Demontreville Trail reads a letter from his neighbors across the street, written by Father Patrick McCorkel. Council Member Bloyer speaks about other Jesuit Retreat Homes that are on lakes in the country. There are four of them and only one is on a lake that is restricted. He also addresses the petitions and some inconsistencies with them. Council Member Bloyer also read two emails that were entered into the public record (see attached). City Administrator Zuleger suggests that Council discuss the Perfecting Amendment, which will fix issues that DNR and Washington County have with the current ordinance at this time and then discuss the wake time as a second issue. Mr. Zuleger explains the technical changes that the DNR and Washington County would like to see made. Sections that require technical changes include the sections 97.21 (D) Buoys, 97.23 (A) Lake Activities, 97.23 (B) Fee for Lake Use, 97.24 (A) Local Enforcement, 97.24 (B) Penalties, 97.24 (C) Exemptions, and 97.25 Review. Council Member Nelson asks City Attorney Snyder what the penalty would be if someone violated this ordinance. Mr. Snyder responds that it would be a misdemeanor. Council Member Park questioned the review process and how often it would happen and based on whose request. City Administrator Zuleger clarified that a review could be requested by anyone and Council can decide whether or not to review. Mayor Pearson agreed that there should be a review process to assess environmental concerns. There is also discussion on having a survey or poll done by the City at the end of each year because of concerns about the most recent surveys done. City Administrator Zuleger talked about the City being able to have folks from Washington County or the DNR help us out with looking at water quality issues in one year. Council Member Smith spoke about some differences between Lake Elmo and the Tri-Lakes. Lake Elmo is accessed by 300,000 other people each year. There was discussion about previous Ordinance changes that have been made two years ago to look at the high water mark. Council Member Nelson suggested moving to adopt the Perfecting Amendment. Mayor Pearson would like language added to the Amendment that would provide staff with the direction to survey the public. City Administrator stated that staff would recommend Council consider the adoption of 97.21 sub section D, 97.23 sub A and sub B3, 97.24 enforcement sections a, b, c, and 97.25 section on review but include under Effects following ‘quality’ add “, shoreline erosion and lake use safety prior to ice out or the beginning of the normal lake use season, the Lake Elmo City Council shall consult with the DNR, University of Minnesota Extension, Washington County Sheriff’s Department as a part of