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LAKE ELMO CITY COUNCIL MINUTES 12-18-84 PAGE 5 reach. His purpose in appearing before the Council is not to discuss the damages for loss of land or damages for loss of trees. That is another matter that will be addressed separately. The concern of the property owners is the lack of certainty on what the lake level might be. It creates a particular problem when attempting to sell a piece of property on Sunfish because there is no assurance that any landowner can give to perspective purchasers that the lake will stop rising at any particular point. Mr. Dayton noted that when the DNR permit was first issued to pump from Lake Jane to City Park Pond, it provided for the pumping of 800 acre feet. It was amended one year later to increase that to 1600 acre feet, with an emergency provision for an addiional 800 acre feet. When the permit was first issued, it provided for a maximum level in City Park Pond of 903. The reason that City Park Pond's level is important is that it creates a head of water which as it goes down, flows thru the glacial sands and gravel and into Sunfish Lake. This was proven by boring tests and a geological - hydrological analysist that was done. Therefore, the level that was established in the permit for City Park Pond had a reason, and that was to limit the amount of water going into City Park Pond so there would be some control on the amount of water going into Sunfish Lake. In 1983, that was amended whereby the level now in the permit was increased from 903 to 908. The City amended its permission to the VBWD first to 908 and then to 913 for City Park Pond. As a result, the level of Sunfish Lake has continued to rise. It was agreed between the residents of Sunfish Lake and the City Council back in the mid -seventies, that the pumping would stop when the level of Sunfish Lake reached the level of 8911 feet. There has been no determination by DNR of the OHWM of Sunfish Lake. There is one that will commence shortly. There is an informal determination by DNR that the OHWM of Sunfish Lake is 896.4. The present level of Sunfish Lake is about four feet higher than that. The City Park Pond permit level is 908 feet in the DNR permit. Last summer, the level of City Park Pond exceeded that by two feet, so the VBWD is in violation of its DNR permit. Mr. Dayton pointed out that if he was to commence a lawsuit on behalf of the residents on Sunfish Lake before April 1, 1985, he would have to start a lawsuit about February 15, 1985. He does not want to start a lawsuit, but would like to propose to the City Council, VBWD, DNR and to the Tri-Lake group, establishing a working committee to meet during the month of January to see if there is an opportunity to come up with an agreement which would be satisfactory to the residents on Sunfish Lake. The Sunfish Lake residents realize that there are some problems upstream, and that a lot of people have water problems, and they understand that there may have to be some compromise from the level they thought they had back in 1976 of 894, but they do want some certainty as to what the levels will be. It is not acceptable to the residents on Sunfish Lake to watch the levels continue to rise a foot or two every year, with no end in sight. Mr. Dayton proposed that the City Council (and will make the same proposal to the other bodies involved) designate a staff member, and perhaps a member of the City Council to participate in a discussion of this type commencing in mid -January.