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LAKE ELMO CITY COUNCIL MINUTES APRIL 7, 1987 PAGE 10 Gordon Lundholm, stated that Lake Elmo started rising when Co. 17 was improved because the County Highway Dept. obstructed the natural drainage. He added that any action taken by a previous council must be taken in account by the present council. The City Coucil, knew of the swampy ground and granted permits to build homes on Legion Avenue. Therefore, the Council should provide this relief with City money and not through assessments. Dan Collyard felt this project was not a permanent solution. It would still be leaving foundations and septic systems in the water. At any given time heavy rainflls would raise the level of the pond. He felt the assessments should be assessed throughout the entire watershed district. The City should have included Legion Pond in the 509 Project because the problem is a direct cause of runoff and high groundwater and millons of gallons of water forced into the ground by pumping of area lakes. Therefore, he would like the City to explore other avenues for a permanent solution. Also, there still may be funds available within the 509 project through a contingency fund set aside for omissions and errors. Collyard stated he will leave his house and not pay anymore taxes and then it will be the city's home. Earl Goerss felt we should consider waiting one more year to see if water levels go down without the project before they put in a costly system to lower Legion Pond. He felt it was unfair he should be assessed for water going off of his property. Judy Toft read a comment from 8-8-85 VBWD minutes "the 509 system is to be minimally sized as it is not possible to add additional flood areas until the system has demonstrated its capacity to handle the volume of water it will receive". This sounded to her that there still could be a chance to get on the 509 and requested the City to ask VBWD that Legion Pond get on the 509 Project. Rod Toft felt the people on Legion Pond wouldn't resist the assessments if they were for a permanent solution. City Engineer Bohrer felt this is the most permanent solution they can get with the constraints they have. City Administrator Overby reported that people on 31st Street asked the VBWD to have their pond included as an improvement project. They were told that the system has to prove itself for at least a year to show that it could carry what it was designed to take and then they would consider building this pond in. Bill Peterson thought the project was feasible, but was not in favor of the assessment. The assessments should be watershed wide and suggested a taxing district. Don Klassen felt this was the best option and the property owners were assessed correctly. Dave Johnson asked about looking at the SE ravine, but this goes to Downs Lake which is 4-feet higher than Legion Pond (891.0) and Eden Park Pond is also at 891.0.