06-24-1991 Council Minutes - Laserfiche WebLink

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ORONO CITY COUNCIL MEETING HELD JUNE 24, 1991 ( #17)SEWER POND LEVEL._CONTINUED for approximately 13 years, during which time the water level fluctuated between four to six feet. Mr. Peterson commented that at one point a beaver had constructed a dam in the pond and completely closed off the weir. The City decided to remove the beaver dam and started disposing of yard wastes in a small corner. The following year that area was expanded, and harvested Milfoil was also deposited on the site. He indicated that it was at that point that. he, George Hust, and Mike Ellis became involved. Mr. Peterson stated that he has done a lot of research and has been working-with the DNR over the last three or four months. He said, "It comes down to two things: The City of Orono can no longer dump in that pond because it is classified as a protected water, which is different than a protected wetland. It is considered in. the same classification as French Lake and Lake Minnetonka. Ceil Strauss, from the DNR, advised that no more dumping could occur, but she could not require that a certain level of water had to be maintained in the pond because the DNR has no jurisdiction for water levels above the Ordinary High Water Mark. We learned however, that the level of the pond can be controlled due to the Ordinary High Water Mark established during the 13 years when the pond was abandoned. You can see by looking around the perimeter of the pond, there are tree lines and grasses that vary from the water vegetation. We had both the DNR hydrologist and wildlife personnel visit the pond. The wildlife people suggested that a level of three or four feet would be sufficient. • We felt that was better than nothing and did not wish to push the issue. If the City decides to raise the level to five or six feet, that would be better. There are migratory waterfowl that use the pond, and they require much deeper water. I would also like to see that the permit from the DNR has an established time limit for the City to remove the snow fence and rubbish." Bernhardson reiterated the potential liability problem for the City if the level of the pond exceeds three feet.. He suggested if it is Council's wish to exceed three feet, that submission of the permit be delayed -until further information and recommendations from the Park Commission and /or other experts can be reviewed to determine an appropriate level. In the interim, the water level of the pond would continue to naturally increase or decrease. Goetten. indicated that she would like to review the information from the Park Commission before making a decision about the water level. Butler cautioned Council to be :attentive to the issue involving the City's liability in relation to the depth of the water. She said, "On the other hand, I would be very receptive to whatever information we may receive concerning the most appropriate level for the pond from an environmental point of - 20 -