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City Council Minutes Page 8 <br /> June 17,2019 <br /> ----------------------------- <br /> Moved by Councilmember Westgaard and seconded by Councilmember Wagner <br /> directing staff to draft a resolution of denial to be brought back to the City Council. <br /> Motion carried 5-0. <br /> 7.9 Ordinance Amendment: Institutional Uses <br /> Mr. Leeseberg presented the staff report. <br /> Mayor Dietz opened the public hearing. There being no one to speak to this issue,Mayor <br /> Dietz continued the public hearing to the July 15, 2019,Ci Council meeting. <br /> 8.1 Lake Orono Improvement District <br /> Mr. Wisner and Ms. Bednar presented the staff report: <br /> Attorney Beck indicated staff s conclusion is the pelt on meets all of requirements of <br /> statute,including validated signatures and the DNR confirmed boundary,in order for the <br /> City Council to enter in the Order of Establishment of the Orono Lake Improvement <br /> District if they desire. <br /> Councilmember Christianson questioned the scientific research when determining <br /> boundaries on where the lake ends and the river begins. <br /> Tom Hovey,Water Regulation Unit Supervisor,MN Department of Natural Resources, <br /> indicated in determining boundaries they look at the ordinary high water mark. He <br /> explained the high water mark for a reservoir is defined as the normal summer operating <br /> elevation. He further explained modeling is used to determine water levels given different <br /> flows, outlets, pipes, etc. He stated the DNR determined the reservoir does extend past <br /> 189 'Avenue and therefore, 189`Y'Avenue properties are considered within the Lake <br /> Orono boundary. <br /> Nook <br /> Patrick Plant, Chair of the Lake Orono Water Quality Committee, offered Lake Zumbro <br /> is a reservoir that has an existing lake improvement district. <br /> Mark Person, 13726 189"'Avenue NW,indicated statute requires a natural boundary and <br /> the DNR confirmed this is not a natural boundary as it is controlled by a dam therefore it <br /> doesn't qualify under the statute the Orono Lake Improvement District is proposed under. <br /> Attorney Beck stated the boundary is determined by the DNR but his review of statute <br /> does not identify a distinction between a lake and a reservoir. He indicated he believes <br /> Lake Orono with boundaries as determined by the DNR is an appropriate body of water <br /> for a lake improvement district but added ultimately the city is interpreting and applying <br /> statutes administered under authorization of the DNR. <br /> UREJ <br />