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CITY OF LAKE ELMO CITY COUNCIL MEET ING, JULY 31, 1979 —2— FIRST STREET AND IMMANUAL —CONTINUED — Mr. Gravink presented the Council with the original Engineers memo which divided the assessment by eight. Mayor Armstrong closed the hearing at 7:40 p.m. Armstrong moved, Morgan seconded, to adopt Resolution 79-34 accepting the agreement in the original memo and assess according to the Engineers memo showing division of the assessment by eight (8). 1 share per dwelling unit. The terms for payment to be 8% for 10 years. Motion carried 5-0. Mr. Kimbrel asked what recourse he has to appeal this decision. Mayor Armstrong indicated he has 20 days from the hearing date to file notice with the City. LAKE JANE HILLS DRAINAGE IMPROVEMMI TS (IRVIN COURT) FEASIBILITY HEARING — Administrator Whittaker reviewed a letter from Bruce Folz indicating Mr. Mogren will assume the cost of construction for this project. Engineer Bohrer reviewed the proposed project and the area where the improvement would be. Remarks from the audience: Mr. Jungmann — questioned whether there was a drainage map of the area before Irvin Court was constructed. Engineer answered no. Mr. Jenson questioned why the proposal is for an 1811 culvert rather than a 27" culvert, as previously discussed. The Engineer maintains an 181, culvert will handle the current problem. Mr. Jungman asked what provisions have been set up to maintain the level of Jane. He would like another alternative rather than piping more water into the lake. Residents indicated before the development of Lake Jane Hills 3rd there was a ponding area where Irvin Court is now, with the water being held there by a berm. The developer leveled the berm, thereby, increasing the water flow to Jane. Bruce Folz stated there is no greater amount of water going into Jane now than before Lake Jane Hills. A berm constructed to the east diverts a large portion of what use to flow into Jane to the south. More water may be going down Irvin Court, but no more water is flowing into Lake Jane because of the development. Another resident indicated they are to be assessed for something they were assured would not happen when plat approval was given. Mollie Hedges stated that there was never any water on their property at this location before Irvin Court. Mr. Schaubslager felt the developer should be totally responsible for correcting the problem. Residents are already being assessed to: pump Lame.Jaheob_ecaliserof flooding and will be assessed again to put more water back into the lake. Mr. Praus questioned why existing property owners should be assessed at all. They were told there would be no increase in run—off. There was no problem before Irvin Court filled in a holding area. Richard Connors stated he has been fighting'the.flood problem for the past couple years. He feels no additional water should go into Jane. He suggested the developers put in a holding pond in sone other area of the development to take care of this run—off.