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Tim Freeman, Folz, Freeman, Dupay & Assoc., explained the recommendation for the use of a mound system for septic treatment was made because the Dale Ellin, soil tester, encountered evidence of high water in the soil borings on the property. They are unable to have standard septic systems because they are 4' from the water. Mr. Eklin contacted the Minnesota Pollution Control Agency to visit the site to verify his findings. The representatives were more comfortable with mound systems, which provide an extra measure of safety. Lake Elmo code requires a variance for a mound system to be used as the primary treatment system. Council member Dunn voiced her concern that the developer receives a Valley Branch Watershed permit for the preliminary plat based on the past history of the water problem in the area and questioned the number of parcels presented in the Waters Bay plat. M/S/P DeLapp/Siedow — to adopt Resolution No. 99-16, as amended, approving variances to permit mound septic systems as the primary wastewater treatment system on Lots 1, 2 and 3, Waters Bay Preliminary Plat, subject to conditions of the City Engineer's letter of February 4, 1999 and approval/recording of the Waters Bay Final Plat. (Motion passed 5-0). Council member Armstrong explained the reasons she voted for the motion was the neighbors didn't oppose the variance request and the Minnesota Pollution Control Agency recommended a mound system. B. Preliminary Plat: Waters Bay Schmidt/Hedges At its February 8°i meeting, the Planning Commission held a public hearing and recommended approval of the Waters Bay Preliminary Plat. Planner Dillerud explained the focus of the Hearing testimony and Commission discussion regarding the proposed plat was overall site elevation in relation to the lake, and the location of the driveway proposed to serve Lot I. The issue with respect to site elevation is a function of the relationship between the present DNR established Ordinary High Water and 100-Year Flood elevations of the lake and the existing site elevations. A condition of the Planning Commission recommendation is the combination of the driveways from Lake Jane Trail to Lots 1 and 2. According to the Lake Elmo Code, Council member DeLapp brought up the minimum driveway angle from a two way access street shall be 90 degrees and from a one way street shall be 30 degrees. On the Plat presented, the driveway is a 60degree angle. DeLapp wanted to address this now because of the concern on landscaping between property on south and Lot 2. If the driveway angle has to change to 90 degrees, then it will push the driveway further into the lot and provide a greater buffer to the neighboring properties. Tim Freeman said he could change the driveway to a 90-degree angle so the driveway will be further away from the Taylor property. The Building Official will have to address the driveway location when the building permit comes in. M/S/P Siedow/DeLapp —to adopt Resolution No. 99-17, approving the Preliminary Plat of Waters Bay upon the findings and conditions recommended by the Planning Commission. (Motion passed 5-0). C. Amendments to OP Planner Dillerud recommended the Council direct the Planning Commission to continue its review of the text and promptly hear and recommend an inclusive OP text amendment. A public hearing will be published for the March 8`n Planning Commission meeting, and the Council could see the new Commission recommendation at its March 16 meeting. M/S/P Armstrong/Dunn - to direct the Planning Commission to hold a public hearing on the amendment to the OP Ordinance on March 8, 1999, and report its findings to the Council at the earliest possible date. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 16, 1999