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LAKE ELMO CITY COUNCIL MINUTES AUGUST 21, 2012 Page 5 of 15 Mr. Griffin responded to the assessment issue and stated that assessments were always difficult, but this is the only practicable time to collect payment for the benefits provided to the property owners. Mr. Eggen also stated that there were three cul-de-sacs that should be included in this project but are not being included. Mr. George Crocker of 5093 Keats Ave. N. spoke in opposition to the project. He disputed the reported traffic volume. He stated that he has been doing his own traffic survey of the road since February. He threatened litigation if the City continues to use its statistics in calculating the assessment. Mr. Crocker also took issue with the water system improvements. He said that the water system problems are due to 3M pollutants. He said that 3M should pay for any improvements. Mayor Johnston announced that the City is a party to litigation with 3M for $25 Million. Mr. Crocker said that no assessments should be levied pending that litigation. In closing, Mr. Crocker warned that “there may be trouble” if the citizens of Lake Elmo are burdened with the costs. Ms. Lea Foushee of 5093 Keats Ave. N. expressed her concerns regarding the proposed widening of the road. She stated that she has a large investment in trees, landscaping, and gardens that would be destroyed by the proposed widening. She also stated her displeasure with the impact from past road improvements. Council Member Emmons clarified for Ms. Foushee that Mr. Griffin does not recommend the widening plan that Ms. Foushee referred to. Mayor Johnston closed the Public Hearing at 8:10PM ITEM 12(A): APPROVAL OF RESOLUTION 2012-41 ACCEPTING THE AMENDED FEASIBILITY REPORT Council Member Park requested Mr. Griffin provide clarification on the Lateral Benefit charge. Mr. Griffin explained how by assessing the property owners at the time, the city is able to recover the cost of the later benefits. Council Member Pearson asked for clarification on the typical property owner/City liability percentages. Mr. Griffin again stated that typically the property owner is liable for 30% and the City is liable for 70%. For this project, the City is liable for approximately 94% and the property owners are liable for 6%. Mr. Pearson then asked for information on the three cul-de-sacs that Mr. Eggen referred to. Mr. Griffin explained that those properties would be responsible for 100% of each future project to provide access to the water system. That 100% equates to the $5,800. Mayor Johnston asked if the cost breakdown has been calculated to include any potential 3M litigation compensation. Mr. Griffin said that those costs have not been factored in because any