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LAKE ELMO CITY COUNCIL MINUTES MAY 2, 1995 4. There was discussion on a proposed right-of-way easement in the NW corner of Lots 9 and 10 to tie in with ideal Avenue North. Mike Black explained the intention is to create an easement document that would give a permanent roadway easement to the City of Lake Elmo and record it prior to the plat. Then the future buyers of Lot 9 and 10 would be aware of this easement. He had totally disagreed with building a road through that wetland and connecting Ideal Avenue, but felt this was the direction of the City. Attorney Filla explained the way this is structured there would be a separate easement to the city of Lake Elmo. In the future if we were approached by Oakdale, the City would have the right-of-way to give as a part of the road project. If Oakdale wanted to condemn property within Lake Elmo for that purpose, they would need Lake Elmo's consent. Property owners can convey easements to the adjoining city if they chose to do so. An adjoining City cannot extend their improvements to Lake Elmo without the city's approval. M/S/F John/Hunt - that the right-of-way easement in the northwest corner should be included in the final plat. (Motion failed 2-3:Conlin, Johnston, DeLapp). M/S/F Hunt/DeLapp - that the city council accepts the Final Plat for Lake Elmo Heights 3rd Addition without 27th Street going through. (Motion failed 0-5). Council member Conlin pointed out there is a trailer with multicolored flags sitting on the middle of the cul-de-sac, and she has a concern with traffic if they have open houses. Black explained the trailer belongs to one of the interested builders who has a hold on a number of lots for the purpose of marketing. The Council looked at this as construction traffic and 27th Street will not be used for construction traffic. Donna Siegler lives on the cul-de-sac on 27th Street and asked if this street goes through who pays for redoing the cul-de-sac and the yard. Black stated their construction plans call for removal of the cul-de- sac and will replace the yards and driveways to match the existing conditions and resurface that portion of the street that will be torn up. M/S/P John/ DeLapp - to adopt the Resolution No. 95-37 approving the Final Plat for Lake Elmo Heights 3rd Addition as presented, conditioned on the following: 1. The applicant meets conditions set forth by the Valley Branch Watershed District in its letter of February 24, 1995. 2. The applicant meets the conditions set forth by the City Engineer in his letters dated February 23, 1995 and April 20, 1995. 3. The applicant meets the conditions set forth by the City Planner in his letter dated February 22, 1995. 4. The applicant provides a revised landscape plan, with the final plat that is consistent with City landscape regulations, with the discretion of the placement on the landscaping requirements of the individual lots should compliment what the individual property owner wants as long as it is in compliance with the City regulations. Responsibility to comply with the ordinance rests with the developer. 5. The park land dedication as shown on the preliminary plat, and cash combination to meet the City Code requirements be accepted by the City as recommended by the Parks Commission. 6. 27th Street North shall not be used for construction, install a temporary barricade, and be so signed for construction traffic, including Innsdale Avenue N.