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LAKE ELMO CITY COUNCIL MINUTES APRIL 7, 2009 4 <br />Erling Zetterlund, 2866 Legion Avenue North, reported trucks and the fire truck has to <br />back out of Legion Avenue. He said the proposed reclamation project is a good thing. He <br />doesn’t want curbs, but wants the cost assessed to the homeowners based on street <br />frontage. <br /> <br />Tom Becken, 11860 21st Street N. spoke in favor of the repair project because the patch is <br />gone. He favored concrete curb and assessment by neighborhoods. <br /> <br />Mike Jara, 2971 Legion Avenue North, supported assessing the individual projects by <br />each perspective neighborhood. <br /> <br />Mel Friendt, 2749 Legion Avenue N., asked about the timeline and if the project is <br />delayed would they patch before the repair project. He analyzed numbers for each street <br />project and supported assessing residents per project. <br /> <br />Mayor Johnston closed the public hearing at 8:43 p.m. <br /> <br />Staff will send out a letter to affected property owners/residents looking for feedback on <br />their interest in rain gardens. The City has not yet determined the specifics of <br />maintenance responsibilities or the funding of the rain gardens. <br /> <br />MOTION: Council Member Park moved to adopt Resolution No. 2009-013 ordering the <br />improvement and the preparation of Plans and Specifications for Alternate No. 2 with <br />bituminous curbs except for Legion Avenue for the 2009 Street Improvements. <br />Mayor Johnston seconded the motion. The motion passed 5-0. <br /> <br />MOTION: Council Member DeLapp moved to amend the Feasibility Report on the 2009 <br />Street Improvement Projects to reflect the alternate assessment methodology for <br />Alternate No. 2, providing a preliminary assessment amount of $800 for properties on <br />Legion Avenue North and $2,430 for all other properties. Council Member Smith <br />seconded the motion. The motion passed 5-0. <br /> <br />Consideration of a variance to permit the construction of an in-ground pool, spa, pergola, <br />and fireplace with the 100 ft. buffer setback from the edge of the development at 2931 <br />Jonquil Trail North., Resolution No. 2009-014 <br /> <br />Kelli Matzek, City Planner, reported the City Council is being asked to consider a <br />variance request from Vladimir and Silvia Hugec to allow the construction of a pergola, <br />fireplace, spa, and in-ground pool within the required 100 foot buffer setback from the <br />edge of Farms of Lake Elmo, an OP development, at 2931 Jonquil Trail N. <br /> <br />The City Planner recommended denial of the proposed variances stating that the <br />applicants had not shown an undue hardship. <br />