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LAKE ELMO CITY COUNCIL MINUTES November 16, 2010 2 The updated Special Assessment Policies and Procedures for Public Improvements, dated November 16, 2010, was reviewed and developed by the Assessment Policy Review Subcommittee together with City staff. MOTION: Mayor Johnston moved to approve Resolution No. 2010-063 Adopting the Special Assessment Policies and Procedures for Public Improvements. Council Member Park seconded the motion. The motion passed 5-0. Modification of Memorandum of Understanding for Economic Conditions The City Council was asked to approve changes to the Memorandum of Understanding, as presented in Resolution No 2010-065, granting the City relief from any Wastewater Inefficiency Fees, due to the prolonged slowdown of the overall approval. Administrator Messelt reviewed the proposed revisions modifying the MOU. MOTION: Council Member DeLapp moved to approve Resolution No. 2010-065, as revised, granting the City of Lake Elmo relief from any Wastewater Inefficiency Fees, due to the prolonged slowdown in economic activity. Council Member Emmons seconded the motion. The motion passed 4-0. (Council Member Smith was not in attendance for vote.) Consideration of a Conditional Use Permit application to allow an open sales lot for Cranky Ape at 9200 Hudson Boulevard Jay Adams, Cranky Ape Company co-owner, stated they withdrew their application for Conditional Use Permit to allow an open sales lot for Cranky Ape at 9200 Hudson Boulevard. Interim use Permit for Midwest Recreational Clearinghouse, LLC (Cranky Ape Powersport Auctions) to establish an open sales lot for the outdoor display of merchandise at 9200 Hudson Blvd. The City Council was requested to consider an interim use application from Midwest Recreation Clearinghouse, LLC (Cranky Ape Powersport Auctions) to allow the outdoor display of merchandise for public viewing at 9200 Hudson Boulevard North. The conditions and restrictions of the Interim Use Permit were found to be acceptable by the applicant and the Conditional Use Permit request was withdrawn. The Council was also requested to consider and authorize execution of a consent agreement associated with the proposed interim use. This agreement specifies the terms and conditions including the termination date/event, for the interim use, and has been revised based on feedback from the application and the City Attorney. MOTION: Council Member Smith moved to approve Resolution No. 2010-055 granting an Interim Use Permit for Midwest Recreational Clearinghouse, LLC (Cranky Ape Powersport Auctions) to establish an open sales lot for the outdoor display of