10-24-85 Special CCM - Laserfiche WebLink

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LAKE ELMO CITY COUNCIL MINUTES OCTOBER 24, 1985 PAGE 2 City Attorney Knaak stated that if the City makes this application to the Valley Branch Watershed District, the VBWD could assess the costs to the City as the applicant. If the cost exceeds the $6,000, the City would be responsible for these costs. Mayor Morgan summed it up that as a City we are asking permission to allow some Legion Pond property owners to pump water from one place to another and do this experiment to see if it will affect the level of Legion Pond. There has been $4,000 spent on an engineering study, and we have learned nothing. What we are trying to do is find out if that pond can be drained. If it cannot be drained, it tells these people that they have to approach this in an entirely different way. Councilman Mazzara reported that the VBWD was concerned about the amount of water that we could hold at Eagle Point Lake and the problems of the water possibly going over the dam. As of now, there is a culvert at Eagle Point Lake and water is flowing through. There is a control device in the culvert and that can be raised up about 3 inches before the water continues to run and that would handle the 40 acre feet. Question was asked by Councilwoman Armstrong if this would be flooding out Horseshoe Lake before you get this project accomplished and was answered that there will be no affect on Horseshoe Lake. Councilman Dunn asked the City Attorney that if the City is going to petition and we are assuming liability, what are the total liabilities that the City is assuming. City Attorney Knaak replied that if it is granted, it is in the jurisdiction of the VBWD. Then they can run their own engineering study and their own project. The city could be protected by a written indemnification. If the project is defined as, as much as these property owners want to pump and is brought to the VBWD in that regard and, is granted with that contingency, then as long as the City has this indemnification agreement, there should be no problem. City Administrator Overby brought up that the question of applying for a permit from the DNR should be addressed. If the DNR felt that we acted improperly, Civil fines could be assessed according to City Attorney Knaak. Councilman Dunn suggested that what goes before the VBWD should be a reflection of the consensus of the Council in writing so there would not be any riders or misunderstandings. M/S/P Morgan/Christ - to apply for a permit from the Valley Branch Watershed District on behalf of the six property owners of Legion Pond that requested to implement a test pumping study project to move 40 acre feet (2 feet) from Legion Pond into Lake Elmo, with an equivalent amount of water to be held at Eagle Point Lake, contingent upon written indemnification from the property owners that they will pay all costs and assume all liabilities resulting from implementation of the project. (Motion carried 5-0). M/S/P Dunn/Mazzara - to adjourn the special meeting at 6:50 p.m. (Motion carried 5-0).