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LAKE ELMO CITY COUNCIL MEETING, NOVEMBER 18, 1980 -4- JUNGMANN: Pott suggested looking for an alternate site for the access point. Morgan said this was the only easement offered by Derrick, that was acceptable. Morgan said the Park Commission feels an access should be available from the development for resident use; but, are flexible on the location. Armstrong indicated this is a legal problem between Derrick Land and Mr. Jungmann{ and, the City is not and should not be involved. The City has two warranty deeds for the walkway parcel. The Administrator will write Jungmann and Derrick and request they resolve this problem. Brian Crombie, representing Derrick Land, feels this is a City problem since the Jungmann house was built too close to the property line. The responsibility of surveying the lot is up to the property owner, not Derrick Land, and this discrepancy should have been noted at the time of the footing inspection. Mr. John Gertin, attorney for Jungmanns', stated that, if the trail is completed,as proposed, it minimizes resolving the problem, therefore, they are in favor of the decision to wait until July, so a solution can be worked out between Jungmann and Derrick. The Council discussed other locations for the walkway. Motion carried 5-0. Morgan will advise the Park Commission of the alternate walkway suggestions and give their recommendation to the Administrator. HARDY'S DRIVEWAY: Mottaz moved, seconded by Morga, to abandon the project to clear the channel through Hardy's driveway as it has been determined that the driveway is not the major cause of flooding either up stream or downstream. Motion carried 5-0. STEPHEN TAYLOR - CIMARRON/SUNFISH PUMPING: Mr. Taylor requested that the Council consider continuing the Little Sunfish Pumping Project. He feels additional pumping may be necessary in the future. Since all the equipment is in place and storage is available- and the largest portion of the cost is fixed or paid for, it would be of benefit to pump an additional three to four days and possibly eliminate the need to pump next year Armstrong explained that politically and legally this proposal is not feasible. The Engineer reported the pumping is nearly complete, with Little Sunfish being 2 1/2 feet lower. The Council's position is that enough additional storage and ponding areas can be developed before the 1982 run-off that no additional pumping will be necessary. Therefore, they oppose continued pumping. ENGINEERS REPORT: A. Hubenette's Culvert - The Engineer met with Mr. Hubenette and reviewed the problem, '' e Engineer reported that the culvert is not adjacent to the Hubenette property, but causes flooding to their property during the spring run-off when the culvert is frozen. The :estimated cost for a culvert that could be thawed out is $750 to $1,000. This situation was caused when Hill Trail N. was rebuilt and raised in 1965, creating a type of dam. The culvert was not raised with the / road. Mr. Hubenette is requesting relief by installation of a new culvert at a higher elevation so that the culvert can be kept open when flooding occurs.,. Estimates to fill his yard were $5,000.