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LAKE ELMO CITY COUNCIL MINUTES 3-5-85 PAGE 9 with the additional concerns listed above. (Motion carried 5-0) Christ advised the Council that some of the residents that he has talked to have expressed concerns over the ad valorem tax that will pay for this project. These residents feels they do not contribute to the problem and should not have to pay for it. M/S/P Armstrong/Dunn - To adopt Resolution 85-8 endorsing the 1% rule in all areas of the City except the Ramsey/Washington Metro Watershed District and to encourage the VBWD to continue the 1% rule throughout the District. (Motion carried 5-0) G. Discussion: Spring season flooding possibility and pumping water from Lake Jane (and maybe Sunfish Lake). The City has been threatened with a pending law suit by the Sunfish Lake property owners for damage sustained to their property supposedly from the Lake Jane pumping. The Mayor feels that if the City initiates some action to prevent Sunfish Lake from rising any higher, that the Sunfish Lake owners will not sue. The scope of the project consists of pump and irrigation equipment to remove waters from Sunfish Lake at -the approxat ime rate of 50b gallons per minute or at such reduced level as to maintain the level of Sunfish Lake. By petitioning this project, the City Council realizes that they are liable for payment of the preliminary fund if the managers do not order the project. It is generally felt by the Council that if the managers opposed the plan, they would not have to spend the $5,000 to reject the project. Mazzara stated if this petition was not approved, would a lawsuit by the Sunfish property owners be able to stop the pumping from Lake' Jane? Some of the members of VBWD feel that a lawsuit from the Sunfish property owners would not necessarily stop the pumping from Lake Jane, and these VBWD members also indicated they would not be in favor of this petition. M/S/P Christ/Morgan - To petition the VBWD to pump out Sunfish Lake to an irrigation site on City owned property, that the annual cost of this project will be under $35,000, that the preliminary fund not exceed $5,000, and that VBWD proceed with the greatest expediency. (Motion carried 4-1 <Mazzara>) Mazzara feels that the possibility of the petition passing (by talking to VBWD members) does not look good, and although something has to be done, it doesn't look feasible right now. H. Fire Department truck specifications. The Council reviewed the specifications and recommendations from the Engineer in his memo dated March 5, 1985. M/S/P *Christ/Armstrong* (amended at 3-19-85 City Council meeting) to approve the Fire Department's truck specifications, amended per Engineer's memo dated March 5, 1985, and to authorize the advertisement and receiving of bids. (Motion carried 5-0) I. Dick Herold from Washington County to discuss and513B,construction plans on County Road 15