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R-76-12 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION RELATING TO PLANNING FOR TEMPORARY AND PERMANENT FLOOD WATER CONTROL IN THE CITY OF LAKE ELMO WHEREAS, the City Council of the City of Lake Elmo has recently engaged in an extensive study of flood water control problems in the City of Lake Elmo and has approved a temporary flood water control project in the City of Lake Elmo for the year 1976; and WHEREAS, the City Council of the City of Lake Elmo has determined that permanent and long range solutions to the problem of control of flood waters and the prevention of damage from flood waters are to a large extent beyond the jurisdiction and responsibility of the City of Lake Elmo. The control of surface waters and flood prevention within the City of Lake Elmo falls within the jurisdiction of the Valley Branch Watershed District. As a special pur- pose governmental agency, the Valley Branch Watershed District has both the power and authority to construct and maintain flood control facilities within the entire watershed and to spread the cost thereof among those benefited by the projects within the entire District. The flood• -proofing of homes and other private improvements built- within the flood plain in the City of Lake Elmo is primarily the responsibility of the private property owner, except to the ex- tent that the City is able to provide direction and guidance to such private property owners through its building codes, shoreland management ordinances and other regulations intended to insure that any flood -proofing or other work performed on private property will be performed in such a manner as to avoid flood damage in the future. The Minnesota State Department of Natural Resources has the power and authority to establish certain guidelines for private property owners and the Valley Branch Watershed District in their efforts to meet their responsibilities by establishing ordinary high water levels on bodies of public water; and WHEREAS, it appears important and appropriate for this City Council to adopt for the City a policy with respect to future control of flood waters and prevention of flood damage within the City so that responsible govern- mental agencies or private property owners shall not, hereafter, refrain from acting in accordance with their official responsibilities or private interests expecting that the City of Lake Elmo will be able to act, in times of flood, to prevent damage to private property because of jurisdictional limits on the powers of. the City and the inability of the City to find appropriate methods for financing flood control projects caused by activities beyond its boundaries makes it appear increasingly unlikely that the City of Lake Elmo will have the legal or fiscal ability to undertake temporary measures to prevent flood damage in the future: IT IS, ACCORDINGLY, RESOLVED, by the City Council of the City of Lake Elmo, as follows: