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LAKE ELMO CITY COUNCIL MINUTES MARCH 19, 2013 <br /> <br />Page 5 of 6 <br /> <br /> Mr. Griffin explained the steps to mitigate risk to the City. 1) Developer signs Fee Escrow Agreement to cover engineering and legal costs associated with the project up to the point of establishing the Assessment Methodology and Assessable Costs to each parcel. The City has asked Lennar for fee escrow agreement to secure cost risks. Current projection is $112,000. 2) The property owner for each parcel to be assessed will be required to sign a waiver of Irregularity and Appeal agreement prior to the city undertaking the next step of ordering the improvement. Mr. Griffin explained the proposed timeline of project. Lennar wants to fast-track this project in 2013. The process of the waivers was further discussed. The City will have the option to proceed with any number of the waivers, but the amount will depend on the percentage of waivers obtained. Councilman Bloyer asked about when Lennar closed on properties and who will sign the assessment waivers. City Attorney Snyder stated it will be the property owners who sign the waivers. Mayor Pearson asked about brining Lake Elmo water to area. Mr. Griffin said the Inwood line will be a bigger part of infrastructure. Futher discussion was had regarding what risk the City would bear with the inclusion of the fee escrow agreement and waivers. Mr. Snyder stated that with the escrow agreement and the waivers, the city should not bear any risk because no additional work will be done prior to assessment. <br />MOTION: Council Member Park moved TO APPROVE RESOLUTION 2013-22, DECLARING <br />ADEQUACY OF PETITION; APPROVING PRELIMINARY FEE AGREEMENT; ORDERING <br />PREPARATION OF FEASIBILITY REPORT AND PREPARATION OF PLANS AND SPECIFICATIONS; <br />AND APPROVING ENGINEERING SERVICES AGREEMENT FOR THE SECTION 34 (LENNAR AREA) <br />WATER AND SEWER UTILITY EXTENSION IMPROVEMENTS. Seconded by Council Member Nelson. <br />MOTION PASSED 5-0. <br /> <br />ITEM 13: RE-DESIGNATION OF PLANNING COMMISSION MEMBERS Planning Director Klatt explained that Commissioner Nadine Obermueller has requested that she be re-designated to an alternate position on the Planning Commission. Mr. Klatt also noted that in the past week, Commissioner Greg Hall has resigned from the Planning Commission. Therefore, the Council can move up the two current existing alternates, Rolf Larson and Jay Morealle, to regular positions and Ms. Obermueller down to an alternate. This will leave one alternate vacancy on the Commission. <br /> <br />MOTION: Council Member Smith moved TO APPROVE MOVING COMMISSIONER OBERMUELLER TO <br />ALTERNATE STATUS AND ACCEPT THE RESIGNATION OF COMMISSIONER GREG HALL. Seconded <br />by Council Member Park. MOTION PASSED 5-0.