Laserfiche WebLink
LAKE ELMO CITY COUNCIL MINUTES MAY 6, 2014 <br />Page 2 of 4 <br /> <br />MOTION: Council Member Smith moved TO APPROVE THE DOWNTOWN LAKE ELMO AVE. PRELIMINARY STREETSCAPE DESIGN TASK ORDER SUBMITTED BY DAMON FARBER <br />ASSOCIATES FOR AN AMOUNT NOT TO EXCEED, WITHOUT APPROVAL, $27,600. Council <br />Member Nelson seconded the motion. MOTION PASSED 3-0. <br />ITEM 9: LATERAL BENEFIT POLICY – WATER & SEWER. ORD. 08-108 <br />City Administrator Zuleger explained background on the lateral benefit charge and the related challenges that are unique to current Lake Elmo projects regarding differing service areas. The Council recently had a special <br />meeting on 4/23 to discuss the LBC. <br />MOTION: Mayor Pearson moved TO APPROVE ORDINANCE NO. 08-108 TO ESTABLISH A FORMULA FOR LEVYING LATERAL BENEFIT ASSESSMENTS FOR BUILDING UNIT <br />(PARCELS) BOTH IN AND OUT OF UTILITY AREAS DESIGNATED BY THE <br />COMPREHENSIVE PLAN. Council Member Nelson seconded the motion. <br />Council Member Nelson expressed his desire to eliminate section 3 or a portion thereof. <br />MOTION: Council Member Nelson moved TO AMEND THE MOTION BY STRIKING ALL LANGUAGE FOLLOWING THE FIRST SENTENCE OF PARAGRAPH 3. Council Member Smith seconded the motion. MOTION TO AMEND PASSED 3-0. <br />ORIGINAL MOTION PASSED 3-0. <br />City Administrator Zuleger left the meeting at 7:30 pm to attend state bonding meetings at the State Capitol. <br />REGULAR AGENDA <br />ITEM 5: PUBLIC HEARING: 39TH STREET N: STREET & SANITARY SEWER IMPROVEMENTS – IMPROVEMENT HEARING; ORDER PLANS AND SPECIFICATIONS; <br />RES. NO. 2014-27 <br />City Engineer Griffin explained the scope and status of the project. Assessments will be paid over 10 years <br />pursuant to the assessment policy. It was noted that the property owners to the south have contacted city <br />about expanding the project across Highway 5. <br />Council Member Nelson sought clarification of the City’s liability for the project regarding the waivers. Mr. <br />Griffin explained that the waivers eliminate the opportunity to appeal. <br />MOTION: Council Member Nelson moved TO OPEN THE PUBLIC HEARING. Council Member Smith seconded the motion. MOTION PASSED 3-0. PUBLIC HEARING OPENED AT 7:48 PM. <br />No public input. <br />MOTION: Council Member Smith moved TO CLOSE THE PUBLIC HEARING. Council Member Nelson seconded the motion. MOTION PASSED 3-0. PUBLIC HEARING Closed AT 7:49 PM. <br />MOTION: Council Member Nelson moved TO ADOPT RESOLUTION NO. 2014-27 ORDERING THE 39TH STREET NORTH: STREET AND SANITARY SEWER IMPROVEMENTS AND THE <br />PREPARATION OF PLANS AND SPECIFICATIONS CONTINGENT UPON THE CITY <br />RECEIVING ALL OF THE PETITION AND WAIVER AGREEMENTS AND GREEN ACRES DOCUMENTATION BY DEADLINE OF CLOSE OF BUSINESS, MONDAY (5/12). Council <br />Member Smith seconded the motion. <br />Council discussed the merit versus risk of requiring 100% of waivers prior to ordering project. It was stated <br />that setting deadline for 100% compliance makes a statement of what is expected. <br />Council Member Smith offered friendly amendment to extend deadline until Friday (5/16). Council Member Nelson accepted friendly amendment. <br />Mr. Griffin asked that design begin while waiting to receive waivers. Council supported permitting the design <br />work to begin without delay. <br />Mayor Pearson cautioned that Council may face the possibility of the project being delayed by one of the <br />smaller properties not complying in time.