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City Council Minutes <br />June 17, 2019 <br />Page 8 <br />Moved by Councihnember 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, City 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 petition meets all of the 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, 189th Avenue properties are considered within the Lake <br />Orono boundary. <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`h 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 />1IVEaII ti <br />rAWRE <br />