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HEARING ON PROPOSED 1976 PUMPING APRIL 20, 1976 pg.2 13.Ken Sovereign — Related pumping values to fire department and police department where all contribute but do no actually gain the same value from the service. Advised how VBWD was set up nine years ago to resolve these types of problems and failed to see where they had taken adequate actixon. Suggested that the city take legal action against the VBWD. Motion by Councilman Shervheim 2nd by Councilman Abercrombie that the hearing be recessed for tonight and reconvene again on April 21, 1976 at 6:00 pm in the city hall. Carried 4-0. Hearing reconvened at 6:00 pm on Wednesday April 21, 1976. Motion by Councilman Abercrombie that we pump into park area only. Max. 150 acre ft. with constant monitoring to determine effects downstream and if any damage occurs to cease pumping immediately. Rate of pumping 10 acre ft./day. Pumping would also cease if Lake Jane went below 922 elevation. Action wpuld be taken under MSA 429 with cost of flood control assessed. Motion failed for want of a second. Councilman Abercrombie offered motion 2nd by Mayor Eder for counsel to prepare Resolutions R76-11 and R76-12 to be acted on by the council within 48 hours. Resolution to include the following:Pump from Lake Jane into city park at the rate of 2200 gals./minute for 15 days or a maximum of 150 acre feet then reevaluate. Pumping on Lake Jane would stop if the elevation of ]Lake Jane fell to 922 elevation. Sunfish Lake would be monitored and pumping would cease if elevation reached 894 (1.51 below 895.5 estimate of DNR). Acquire all necessary easements to enable pumping. Erosion be controlled — extend south from Lake Jane Trail to keep water flow on Slinde and Berschens Property. Extend pipe by one additional length beyond pipe limit in 1975• Enforce correction of individual systems in violation of code in or neat the flood plain with a completion date of, July 1, 1976. Abide by all the conditions of issued permits from DNR and VBWD. Abide by all the conditions of ,the easements received. Control noise pollution as best possible. Request DNR to proceed with proper pro— cesses to estafialish high water level on Lake Jane, Sunfish Lake, Horseshoe Lake, Eagle Point Lake and ponds between Olson and Jane. Request VBWD to proceed with plan to pump water from Long Lake to White Bear Lake and undertake as an improvement project. Request VBWD to complete overall plan revision by July 1, 1976. Establish date for assessment hearing and limit assessment to properties below flood plain in area between Olson and Jane (9281). Embark on a program to encourage permanent solutions to correction of building locations and individual systems through sale of bonds and with assessment to property receiving benefit where financing not otherwise available. Carried 4-0 Councilman Pott absent. Hearing was adjourned and council agreed torconvene the council meeting recessed April 21, 1976. Council will reconvene at 5:30 pm on Friday April 23, 1976 at the Lake Elmo City Hall to review the resolutions and make a final determination of the action to be taken