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LAKE ELMO CITY COUNCIL MINUTES OCTOBER 17, 1995 Administrator Kueffner said she anticipated the 42nd street overlay would generate discussion and looked for some money. The City does have a small amount of money left from the $25,000 we received from the county when the water was put in. She talked to the Finance Director and we could take money from the water fund and reduce each full assessment $100 and each 1/2 assessment $50. Council member Conlin felt it was regrettable the the city was not in touch with the residents after the public hearing. There was nothing that could be done at this point, but hoped in the future communication would be better. It never was the intent to push this through, it is to the benefit of the residents to have safe good roads and we do have good roads. This is one of the reasons we all pay. She appreciated the Administrator's suggestion. M/S/P DeLapp/Conlin - to modify the assessment roll for 42nd Street to $928.38 a unit (reduction of $100 per assessable unit) and recover the costs of $2,100 from the water fund as recommended by the City Administrator. (Motion passed 3-0). Mr. Emerson appreciated the Administrators thought of $100 reduction. He thought Councilman DeLapp was correct in asking 20-30% deduction as opposed to $100, then he would not object. He appreciated the Council listening to them, but if $100 is what is available, it is not necessarily right. Discussion on Foxfire and Green Acres Project:Gervais question: The city did look at, in addition to the overheads that the engineer had, the proposed plat of the property that Mr. Gervais owns and has Indicated how the road is connected to his property. There is a cul-de-sac there now and the road would be extended from the cul-de-sac to Mr. Gervais' property. Bohrer pointed out the Carl Brogren property which Is a landlocked parcel and has no frontage on a public street. However, by means of an easement his driveway also comes down to 55th street and has received an assessment notice. This is similar to 45th St, and Julep Avenue, Moris Addition, no frontage on a public street, but by means of an easement their public access is from 45th St. and Julep. In 1984, they were considered benefiting because that is the only access to their property. Kleis and Springborn question:Attorney Filla will work with Mr. Kieis and Mr. Springborn on the legal implication of Green Acres deferred assessments and the land that isn't in Green Acres. Discussion on Jane Road Project:VanDemmeltraadt question:The council did discuss this duplex being assessed two units at the last council meeting. It was the consensus of the council that the city has consistently over the years, count the number of rental units. At this point the city should be consistent, but will look into this assessment policy in the future. M/S/P Conlin/DeLapp - to adopt Resolution No. 95-51 adopting assessments, as amended (reduction of 42nd St. assessment rate to $928.39), for 1995 Overlays. (Motion passed 3-0). Administrator Kueffner reported the city has received a request by Margaret E. Paul, 9369 Jane Road N. for a deferment of the assessment for the 1995 overlay of Jane Road North because of a financial hardship. M/S/P Johnston/DeLapp - to adopt Resolution No. 95-52 A Resolution Deferring the $842.13 Assessment Against Lot 11 Berschens Shores (Plate and Parcel No. 37090-2500) as requested by Margaret E. Paul, for the 1995 Overlay of Jane Road North. (Motion passed 3-0). B. Review Stillwater Boulevard (CSAH 6) Drainage Project Larry Bohrer reported he received a set of plans by the county when this matter was going out for bids and looked at the project while it was under construction. The project was initiated by the County. It was due to an erosion problem the county was experiencing in the south ditch of Stillwater Blvd. The decision was made to enclose that drainage in a storm sewer pipe. It became a joint project where the city of