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LAKE ELMO CITY COUNCIL MINUTES January 12, 2010 2 <br />REGULAR AGENDA: <br /> <br />Election of Acting Mayor <br /> <br />The City staff prepared this action in accordance with Minnesota State Statute 412.121. <br />At its December 15th, 2009 Council meeting, the City Council voted unanimously to <br />appoint Council Member Smith to serve as Acting-Mayor during the January 2010 <br />timeframe with Mayor Johnston would be absent. Council Member Smith served as <br />Acting Mayor during 2009 and, according to the City Attorney, would continue to serve <br />in this capacity until official Council action is taken pursuant to State Statute. <br /> <br />MOTION: Council Member DeLapp moved to approve Council Member Smith as <br />Acting Mayor for 2010. Council Member Park seconded the motion. The motion passed <br />4-0. <br /> <br />Moody Drainage and Utility Easement Vacation and Rededication <br />The public hearing notice was published in the Oakdale-Lake Elmo Review and was <br />mailed to all property owners with Cardinal View <br /> <br />The City Council was asked to consider a request from Terry and Karen Moody, 1535 <br />15th Street Court N. and D & T Development to vacate a drainage and utility easement <br />between Lots 2 and 3, Block of Cardinal View Addition and to further accept the <br />rededication of a new easement five feet further to the west of the current one. <br /> <br />This request was made in conjunction with an application for a Minor Subdivision to <br />move the property line between these two lots five feet further to the west. The Minor <br />Subdivision meets all applicable City Code requirements and has been approved by the <br />City Administrator, pursuant to City regulations, subject to City Council acceptance of <br />the drainage and utility easement vacation and rededication required to move these <br />easements over the new lot line location. <br /> <br />Acting Mayor Smith opened up the public hearing at 7:16 p.m. <br /> <br />Terry Moody, applicant, stated he submitted his request to have access to the rear yard <br />for anything that may need to be done and didn’t want to damage the tree line. <br /> <br />Acting Mayor Smith closed the public hearing at 7:20 p.m. <br /> <br />MOTION: Council Member DeLapp moved to adopt Resolution No. 2010-001 vacating <br />a drainage and utility easement and dedicating a new easement between Lots 2 and 3, <br />Block 1 of Cardinal View Addition per request of Terry and Karen Moody, 1535 15th <br />Street N. and D & T Development. Council Member Park seconded the motion. The <br />motion passed 4-0. <br /> <br /> <br />