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LAKE ELMO CITY COUNCIL MEETING, APRIL 79 1.981 —5— LITTLE SUNFISH IIEARING: Ed Bruno — Ile stated that if they want the benefit of keeping their sewage plant functional, they should bear the cost. Novak asked what action has been initiated by Cimarron to provide additional ponding, as required, when approval was given for this improvement, Engineer Bohrer said nothing has been done to date. Administrator, Whittaker will. remind. Cimarron of this provision and their responsibility to insure that this emergency does not reoccur. John Leslie confirmed with the MICA that Cimarron d.ischared effluent into Little Sunfish starting in 1970. He stated that from May thru December of 19790 approx— imately 1597859000 gallons of effluent was pumped. Cimarron's NPDES Permit, modified in 1980, and valid until 19849 serves as the control basis to Little Sunfish. Cimarron's only requirement is to notify MPCA after pumping and provide monitoring reports. Mr., Leslie stated that this information totally discredits Cimarron's :remark that they have not pumped any water into Little Sunfish. Councillor Mottaz suggested the Administrator write the MPCA and request official documentation of these figures. Mr. Leslie quoted Jim Bestick, MPCA, who stated that the effluent ponds are in better shape than Little Sunfish Lake, as regards the water quality. Mr. Leslie submitted that the health hazard and pollution emergency to the lake is a misconception. Ed Bruno — again questioned the benefit of the project to 3M park, John Leslie — asked about using the Valley Branch assessment method based on impervious surface, Engineer 13ohrer said two formulas were used. Cne was the Valley Branch formula, using imperviousness and size, the other was a formula based on area. The area gave the most equitable assessment and a higher assessment to Cimarron Park, Mr. Leslie said an assessment formula based on affected household. units would be the most favorable, Mr. Bruno stated that based on the facts from the MPCA, indicating the amount of water Cimarron has discharged, it is clear Cimarron has contributed the most to the rise of Little Sunfish Lake, Engineer Bohrer said it has to be determined if the water .is going into the polishing ponds or into the lake itself. Morgan moved, seconded by Mottaz, to continue the hearing until official records from the MPCA are available to determine how much water Cimarron actually pumped into Little Sunfish Lake. Motion carried 5-0. Krieger Assessment — Engineer Bohrer was asked by Mr. Krieger, property owner in the NW corner of Little Sunfish watershed, to meet and review his property, The Engineer met with him and determined a depression retains most of the water on his property; and, noted it changed the assessment rate by less than 5/. Mr, Kriegerh land. area was reduced to one acre,; PUBLIC INQUIRIES: A. Mike Dahl. — Deed Approval — The City Council approved a subdivision and land transfer for Mr. Dahl June 15, 1976, The owners failed to record. the deeds at that time and now want to complete the .transaction.. The lot is unbuildable and an agreement to this effect will be filed with the deeds. The Council reviewed a draft from the City Attorney covering this transfer. Mottaz moved, seconded by Morgan, to authorize the Administrator to sign the deeds submitted by Mike Dahl, and pprove the agreement, per the City Attorneys recom— ipendation. Motion Parried �(i.