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t. <br />APPROVED <br />SPECIAL CITY COUNCIL MEETING <br />OCTOBER 24, 1985 <br />Mayor Morgan called the Special City Council meeting to order at <br />6:06 p.m. in the City Council Chambers. Present: Dunn, Christ, <br />Mazzara, Armstrong, City Administrator Overby and City Attorney <br />Knaak. <br />1. Legion Pond <br />Councilman Arlyn Christ advised the City Council of a request to <br />have the City apply for a pumping permit from the Valley Branch <br />Watershed District on behalf of the residents of the affected area <br />on Legion Pond. These residents would take over the project, and <br />the City would not get involved in the funding or assessments. <br />Judy Toft, 2764 Legion Ave. N., stated that the people of Legion <br />Pond are interested in an experimental pumping project to remove 2 <br />feet of water from Legion Pond. They are willing to share the <br />expenses of up to $1,000 per family. This is a request for a <br />permit to pump. Six of the seven property owners have signed. <br />The seventh property owner had just been notified. <br />Toft reported they have checked with several rental places and <br />have received an estimate of $1,876 for a 4 inch pump for 16 days <br />without an auxiliary gas tank. A North St. Paul contractor has a <br />6" pump, that could be carried by two people, that could pump the <br />water out in an estimated 7-10 days at a cost of $600 per day <br />which doesn't include the gas. This would include the intake hose <br />and the discharge hose of 1,000 feet. Willard Griffin was <br />approached regarding an easement to cross his property with the <br />pipeline,.but was out of town. Mr. Clausen would be willing to <br />let the pipeline go through his property. <br />Mayor Morgan pointed out that if there is an emergency, they can <br />go ahead with emergency action and then apply for a permit from <br />the Valley Branch Watershed District. City Attorney Knaak stated <br />that there is nothing in the statutes that would prohibit this. <br />The risk or liability would be on the part of whoever•petiti.oned. <br />If the City petitioned, it would be their liability for whatever <br />the determined cost is. If the property owners indemnified the <br />city, the city's position would be clear from a legal perspective. <br />The advantage of the City petitioning is that the City is not <br />required to post a bond. <br />Councilman Christ felt the request, based upon holding water at <br />Eagle Point Lake, must involve the City because of increasing the <br />weir level. City Administrator Overby reported that right now <br />there is a 12 inch margin to take care of the fluctuating water <br />levels. City Engineer Bohrer said that 3 to 4" of the 12" margin <br />would be enough to hold back an amount of water equivalent to the <br />20 acre feet to be pumped from Legion Pond to Lake Elmo. The <br />water level in Lake Elmo should remain constant as a result of the <br />water retained in Eagle Point Lake. <br />