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LAKE ELMO CITY COUNCIL MINUTES July 02, 2013 Page 4 of 12 MOTION: Council Member Bloyer moved TO APPOINT JACOB SILVERNALE OF 11751 58TH STREET NORTH AS 2ND ALTERNATE ON THE PARKS COMMISSION. Council Member Park seconded the motion. MOTION PASSED 5-0. REGULAR AGENDA ITEM 21: OLSON LAKE/LAKE DEMONTREVILLE ORDINARY HIGH WATER MARK – NO WAKE DECISION City Administrator Zuleger explained the history of the OHW mark. DNR standard is at 929.33 feet. 2011 council passed 929.7 OHM. Lake owners, Valley Branch Watershed District, and MnDNR all concerned. Long Lake is close to over-dumping in our lakes. Mr. Zuleger asked that council in the spirit of what council previously did this spring, pass a slow/no wake OHW elevation provision until the level recedes below. DNR has written letter expressing support for the no wake call. Staff has been working closely with VBWD and DNR. Gary Fields 4751 Olson Lake Trail spoke about his experience viewing the high water and erosion. He asked for responsible stewardship of the lakes. Jerry Goracki 8241 Hidden Bay Trail spoke about the high water levels. Alleges the lake level is up. Claims the weir may be plugged. Mr. Zuleger noted that VBWSD is aware of the possible plugging and is investigating. What specifically is being requested and who has the authority was discussed. The 5 day period before/after the no wake decision was discussed. Mr. Zuleger stated the DNR does not like it. Council Member Bloyer is in favor of removing the 5 days from the ordinance. The history of the OHW mark levels was discussed. City Attorney Snyder recommended that council provide the city administrator the authority to determine removing the no wake so there is a clear decision and record of decision making process. Mr. Zuleger explained his decision making process. Council Member Nelson reported his experience over the weekend viewing the water. He did not report any visible erosion or damage. Mr. Bloyer reported that Mr. Zuleger recommend Council imposes no wake on Olson Lake & Lake Demontreville until level drops below 929.7 as confirmed by the city administrator. MOTION: Council Member Smith moved TO IMPOSE NO WAKE ON OLSON LAKE & LAKE DEMONTREVILLE UNTIL LEVEL DROPS BELOW 929.7 AS CONFIRMED BY THE CITY ADMINISTRATOR. Council Member Bloyer seconded the motion. MOTION PASSED 5-0. Mr. Bloyer asked what the current status of the legal fees [incurred over the recent data requests vis a vis the surface use ordinance amendment.] Mr. Zuleger reported it is about $11,000.00 including legal and staff expenses. ITEM 12: 2012 FINAL AUDIT REPORT REVIEW