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