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APPROVE,. AS AMENDED APRIL 3, 2007 M/S/P Johnson/Johnston — to adopt Resolution 2007-025 approving the signalization maintenance agreement for Keats Avenue with Mn/DOT and Washington County as amended. (Motion passed 3:2 — Smith, DeLapp) 9. PLANNING, LAND USE & ZONING A. PUBLIC HEARING: Vacation of Drainage and Utility Easement — TAPESTRY AT CHARLOTTE'S GROVE Assistant Planner Matzek asked Council to table this item to the April 3, 2007 Council Meeting in order for the City Engineer to have additional time to review it. THE MAYOR OPENED THE PUBLIC HEARING AT 9:03 P.M. Greg Moris, 9759 451h Street North, said this request for vacation of the drainage and utility easement on this lot is a housekeeping measure. There was a rerouting of storm sewer not on the original plans, and there was no easement in the new location. M/S/P DeLapp/Smith — to table the Vacation of Drainage & Utility Easement until the Council Meeting of April 3, 2007. (Motion passed 5-0) B. Minor Subdivision with Variance to Lot Width — 3200 Lake Elmo Avenue The City Attorney said it is apparent by the City Planner's Staff Report that three variances are required, and all of those variances have not been heard by the Planning Commission. He said the Council could take action on the 52 foot variance request tonight and continue the other matters until those variances are before them, and table the Minor Subdivision. The Council will need to ask the applicant if they are willing to table until a Council Meeting in May. Attorney Dorland, for the applicants, said this has been an involved process by Staff. He thanked the City Attorney for alerting him to the new problems. He said he is concerned that there are changes before every single meeting, and typically changes presented at every meeting as well. He asked Staff if something else new comes up to please, notify him in advance. He said he disagrees with the City Attorney that the application was for a variance from the Minor Subdivision regulation. M/S/P Johnson/DeLapp — to table review of the application for variance and minor subdivision until a public hearing can be conducted by the Planning Commission for newly discovered variances, and for this application to be reconsidered at the first Council Meeting in May following the public hearing. (Motion passed 5-0) The City Attorney thanked the applicant Constance K. Smith, 3200 Lake Elmo Avenue, for their forbearance. Mayor Johnston called for a Recess at 9:15 and reconvened the meeting at 9:19 p.m. 10. CITY ATTORNEY'S REPORT Attorney Pilla said he was directed by Council to advise the Ziertmans that the Council needs a detailed list of concerns prior to scheduling a meeting with them. There is a new data request from the Ziertman's that the City is now working on. Lake Elmo City Council Minutes March 20, 2007 Page 6