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HomeMy WebLinkAbout10-24-85 Special CCMt. APPROVED SPECIAL CITY COUNCIL MEETING OCTOBER 24, 1985 Mayor Morgan called the Special City Council meeting to order at 6:06 p.m. in the City Council Chambers. Present: Dunn, Christ, Mazzara, Armstrong, City Administrator Overby and City Attorney Knaak. 1. Legion Pond Councilman Arlyn Christ advised the City Council of a request to have the City apply for a pumping permit from the Valley Branch Watershed District on behalf of the residents of the affected area on Legion Pond. These residents would take over the project, and the City would not get involved in the funding or assessments. Judy Toft, 2764 Legion Ave. N., stated that the people of Legion Pond are interested in an experimental pumping project to remove 2 feet of water from Legion Pond. They are willing to share the expenses of up to $1,000 per family. This is a request for a permit to pump. Six of the seven property owners have signed. The seventh property owner had just been notified. Toft reported they have checked with several rental places and have received an estimate of $1,876 for a 4 inch pump for 16 days without an auxiliary gas tank. A North St. Paul contractor has a 6" pump, that could be carried by two people, that could pump the water out in an estimated 7-10 days at a cost of $600 per day which doesn't include the gas. This would include the intake hose and the discharge hose of 1,000 feet. Willard Griffin was approached regarding an easement to cross his property with the pipeline,.but was out of town. Mr. Clausen would be willing to let the pipeline go through his property. Mayor Morgan pointed out that if there is an emergency, they can go ahead with emergency action and then apply for a permit from the Valley Branch Watershed District. City Attorney Knaak stated that there is nothing in the statutes that would prohibit this. The risk or liability would be on the part of whoever•petiti.oned. If the City petitioned, it would be their liability for whatever the determined cost is. If the property owners indemnified the city, the city's position would be clear from a legal perspective. The advantage of the City petitioning is that the City is not required to post a bond. Councilman Christ felt the request, based upon holding water at Eagle Point Lake, must involve the City because of increasing the weir level. City Administrator Overby reported that right now there is a 12 inch margin to take care of the fluctuating water levels. City Engineer Bohrer said that 3 to 4" of the 12" margin would be enough to hold back an amount of water equivalent to the 20 acre feet to be pumped from Legion Pond to Lake Elmo. The water level in Lake Elmo should remain constant as a result of the water retained in Eagle Point Lake. 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). Since we do not have ti e to discuss every point presented, it may seem that decisions are preconceived. However, background information is provided for the Cit, Council on each agenda item in advance from City Staff and appointed\Commissions; and decisions are based on this information and past experiences. In addition, some items may also have been discussed at previous Council meetings. If you are aware of information that hasn't been discussed, please fill out a "Request to Appear Before the City Council" slip; or, if you came late, raise your hand to be recognized. Comments that are pertinent are appreciated. Items requiring excessive time may be continued to another meeting. AGENDA LAKE ELMO CITY COUNCIL SPECIAL MEETING OCTOBER 24, 1985 6:00 p.m. Meetings Convenes 1. Legion Pond Discussion concerning action taken by the City Council to apply for a permit on behalf of private property owners along Legion Pond to the Valley Branch Watershed District to implement a test pumping study project. CITY Of LAKE ELMO City of Lake Elmo 777-5510 3880 Laverne Avenue North / Lake Elmo, Minnesota 55042 October 23, 1985 TO: City Council Members & City Administrator FROM: Councilmembers Arlyn Christ and Michael Mazzara RE: Request for Special City Council Meeting We, the undersigned, request that a special meeting of the Lake Elmo City Council be called for 6:00 pm CDT, Thursday October 24, 1985; to be held in the City Council chambers. The subject of business to be discussed concerns action by the City Council to apply for a permit on behalf of private property owners along Legion Pond to the Valley Branch Water- shed District. An agreement between the City and the property owners spelling out what services will be provided by the City (and what fees will be charged, if any) and what responsibili- ties and obligations will be undertaken by the property owners will be a part of the City's resolution to apply for the permit to implement a test pumping study project on Legion Pond. More information in regard to the proposed project and the City's role in the matter will be discussed at the special meeting. Public notice of this meeting has been made, as required. Y