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CITY OF LAKE ELMO CITY COUNCIL MEETING, JULY 31, 1-979 —3- IRVIN COURT CONTINUED — Engineer Bohrer stated 27 acres is the total area concerned. A 6„ rainfall constitutes 500% of the run—off or 8 acre feet. This would be adding .05 of a foot of water to Jane. Mr. Deyo stated that since pumping is the only solution according to the City Council a berm should be recreated and the water pumped the other way. Mayor Armstrong questioned the acre feet of water flowing into Jane before Irvin Court vs now. '62 acre feet flowed into Jane before vs 8 acre ft. now. Mrs. Jungmann proposed Mr. Mogren post a security bond to guarantee the residents no more repercussion from his development. Mr. Deyo questioned the drainage to Jane from Green Acres and Foxfire. Mayor Armstrong closed the hearing at 8:25 P.M. This item will be on the August 21, 1979 agenda at 7:45 p.m ASSESSMENT FOR FLOOD CONTROL PROJECT III (1978 PUMPING) — Administrator Whittaker explained the formula and how the assessments were arrived at. Mayor Armstrong indicated this is the last time the City of Lake Elmo will be assessing for pumping. Valley Branch Watershed is assuming the responsibility and they have the ability to assess out the project to 100% of contributing area vs Lake Elmo only being able to assess the 4010 in the Tri—Lakes area. Audience remarks: Conrad Adams read a letter he presented to the Council protesting the pumping. He feels the City should take the necessary steps for a permanent solution to the problem. Harry Zabrock — feels the assessments are a lien against his property. He refered to a letter from Tom Noyes, City Engineer, indicating numerous homes where flood threatens the septic systems. He questioned what compensation is he receiving from these 'liens'. His home and property are not threatened and he feels his is paying in order that homeowners on Lake Jane will not have to rectify their own problems. He is opposed to the pumping. James Jungmann questioned with Valley Branch and the City of Lake Elmo, where does the responsibility to residents begin and end. Mottaz indicated the responsibility rests with the citizens. Mottaz stated the citizens must organize and sign a petition requesting a permanent solution from VBWD. The costs for the/project will be assigned to those who petition, if the project ffils. preliminary fund for the Harry Zabrock questioned those who were not included on the Valley Branch map Mayor Armstrong explained the City has added many areas and is confident all contributing properties are included. Conrad Adams questioned whether a lot that is under water is subject to assessemnt. Mayor Armstrong stated he should come in and file a written protest if he feels part of the assessment unfair. Mayor Armstrong closed the hearing at 9:20 p.m. Mottaz moved, Johnson seconded, to adopt Resolution 79-35, A Resolution Ordering Preparation of Assessment Rolls with Respect To Surface Water Control Project III and Ordering Hearing Thereon, assessment schedule for the 1978 pumping of Lake Jane. Motion carried 5-0. _ CURFEW ORDINANCE: Mike Ahrens, Cimarron, suggested raising the age limit from 12 to 15. Armstrong moved, Morgan seconded, the Council adopt Ordinance 780b, Curfew Ordinance, with the addition that any minor person under 15 years of age have a curfew of 10 o'clock and those under 12 years of age have a curfew of P nVoInnk_ Mn+Ann nn nroi aA r—n