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LAKE ELMO CITY COUNCIL MEETING 3/6/84 PAGE 2 The disappointment of it was the DNR took a hard policy on the matter; they said the rules and regulations prohibit lowering the outlet of a lake that already has an outlet. In order to do so, VBWD would have to go thru a public hearing process that the DNR would conduct. The ruling of the hearing examiner would be given back to the commissioner of the DNR and he would determine whether or not you could lower the level of a lake or install a hole in the weir, etc. The ripple effect of this stand by the DNR is that in our Chapter 509 plan, VBWD proposes to lower the levels of several bodies of water in the district. Some of these lakes do have outlets functioning, and some don°t; the DNR has got a rule for both of them. The DNR told VBWD at the same time they denied the Olson Lake request, that we would have to go thru this hearing process in our Chapter 509 proceedings. Chapter 509 is moving along quite well. The committee's recommendation was that VBWD install a system of minimal pipes and channels and solve the problem of today. We presented our overview of the 509 proceedings to the County Board and pointed out to them that the final decision on Chapter 509 does lie with them. They will be approving the operating plan for the 509. They verbally endorsed our plan for pipes and channels and thought we were proceeding in the right direction. Our biggest obstacle will be with the DNR when going thru the hearing process. Even though they have pledged their cooperation, when the hearing process happens we will need some real support from the cities and residents throughout the district. Mr. Murray passed out a chart of lake level readings over the past four years. He highlighted some of the more significant things pointed out on this chart. The VBWD intends to resume operation of the pump on Lake Jane as soon after March 15th as physically possible. As far as contingency or emergency plans in the event of a flooding situation on Lake Jane again, and VBWD is not able to supplement with a diesel pump, the City should be aware that the VBWD does not have the authority to do anything other than operate a pump into City Park Pond. VBWD has been requested to pump water out of Sunfish Lake and some people have suggested that we pump water to Eagle Point Lake; but under the rules of Chapter 112, we do not have the authority do anything other than pump the way we are now. It would be a good idea if the City Council and the managers sat down and put together a contingency plan, if they felt that one was necessary. If the need is there, it is something that should be taken care of now because if we are required to go thru the petition and hearing process, there is a considerable amount of time that is required to get all the necessary approvals. Consensus of the council was for the VBWD to provide more information: Develop an estimate as to what the City's liability might be; draft a petition; develop a perc chart; etc. In general present a more concrete alternate pumping location plan to the council. Larry Bohrer stated that the support of the DNR is really important in the alternate pumping location plan. It will help with any negotiations with the County and the Met. Council. Suggests bringing the DNR into the plan on an early basis.