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8.0 PUBLIC HEARING: Variance for a Mound System — Ptacek This is a request for a variance to Section 7080.0170 to allow a mound type septic system. The lot in question does not have an area suitable for a standard in -ground system. When the owners, Todd and Tammie Ptacek purchased the lot two years ago, in order to ensure that the lot was buildable made their purchase conditional on passing a percolation test. At that time, soil borings and percolation tests were performed and they were both acceptable for an in -ground system. However, when the same location was tested this spring, the soils seemed fine but the percolation tests failed. After considerable effort checking the property, one primary site and one secondary site were found, but the soils were such that a mound system would be required. City Engineer Prew explained that in similar situations, the Council has approved variances in the Stonegate Development. Mayor John asked the applicants if they had investigated other options, such as Wetland Treatment Systems. Ptacek said "no", that he had been advised that a mound system was preferable. Mayor John opened the PUBLIC HEARING for comments. No comments. Closed the PUBLIC HEARING at 10:17 PM. M/S/P Hunt/DeLapp - to approve a variance to Section 700 of the Lake Elmo Municipal Code to allow a mound private septic system or wetland treatment system as the first disposal site at 812 Julep Avenue North, Todd and Tammy Ptacek, applicants. (Motion Passed 5-0). 8.13 Fence Ordinance Amendment City Planner Dillerud explained that Commissioner Sessing introduced this amendment to the Planning Commission. He noted that fence regulations are not a part of the Lake Elmo Zoning section of the code. Councilmember Hunt suggested the City Planner bring the entire fence ordinance back to the Planning Commission for review. M/S/P Johnston/Hunt — to direct the City Planner to bring the entire Fence Ordinance back to the Planning Commission for further review. (Motion Passed 5-0). 9. CITY ATTORNEY REPORT 9.A Amendments to Hamlet on Sunfish Lake, Resolution No. 98-38 The proposed resolution reflects disposition of the Open Space Outlets consistent with the decision of the Minnesota Land Trust as to which Outlots they would accept, as well as inconsistencies between the Final Plat approval resolution and the Plat/Developer Agreement with regard to Outlot disposition. City Attorney Filla said this was basically a house -keeping issue. M/S/P Johnston/Hunt — to approve Resolution No. 98-38, amendments to Hamlet on Sunfish Lake, as amended. (Motion Passed 5-0). 10. UNFINISHED BUSINESS Add to unfinished business: K. Bike Safety on Manning /Trunk Highway 5 L. Farmington MSA Text City of Lake Elmo Council Meeting Tuesday, July 7, 1998 Page 7