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R-76-11 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION ORDERING IMPROVEMENTS ^ SURFACE WATER CONTROL PROJECT II (1976) WHEREAS, a Resolution of the City Council of the City of Lake Elmo adopted April 1, 1976, fixed the date for a Council hearing on the proposed public im- provement pursuant to Chapter 429 of the Minnesota Statutes referred to as the Surface Water Control Project II (1976) as described in the report and plan pre- pared by the City Engineer with respect thereto; and WHEREAS, after due notice and according to law said hearing was held on the 20th day of April, 1976, at which time all interested persons were given an opportunity to be heard; and WHEREAS, the Council has considered in great detail the said Engineer's report and plan, the advice of its Engineer, the advice of the Department of Natural Resources and the Valley Branch Watershed District, and the evidence presented by other interested persons: NOW, THEREFORE, BE IT RESOLVED, that the City Engineer and other City officers and employees are hereby authorized and directed to proceed, immedi- ately, with the following described part of the proposed surface water control improvement, all of which the Council deems necessary and appropriate to pre- vent substantial flood damage and to preserve public and private ,property within the City of Lake Elmo, subject to the conditions and restrictions here- inafter set forth: 1. The City Engineer shall pump water, as proposed in the said plan, from Lake Jane to Berschens Pond and from Berschens Pond to the City Park Pond until either a maximum of 150 acre feet of water have been removed from Lake Jane or until a total of 360 hours (15 days) of pumping from Lake Jane has been completed, whichever occurs first. 2. Said pumping from Lake Jane shall be in accordance with the terms and conditions of the easements granted to and accepted by the City by affected property owners and in accordance with all the terms and conditions of the permit therefor issued by the Department of Natural Resources. 3. All pumping from Lake Jane shall cease for the purpose of permitting the City Council to re-evaluate the need for continued pumping, and no further pumping shall be started until further order of the Council on the occurrence of any of the following events: (a) The level of water on Lake Jane drops to 922 feet above sea level or below. (b) The water level on Sunfish Lake rises to a level of 694 feet above sea level (the same being 1.5 feet below the estimated ordinary high water level