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Mayor John opened the public hearing at 9:09 p.m. in the Council chambers There was no one to speak against the requested vacation. Mayor John closed the public hearing at 9:10 p.m In letter dated April 24, Tom Prew recommended approval of this request with the following conditions: 1. The applicant shall provide a legal description of the property to be annexed, 2. The applicant shall have property corners placed on the vacated property. Attorney Filla suggested adding a third condition: 3. If the survey were to indicate the road is actually located in the area that is being vacated, the City would retain an easement over the portion necessary for the road. The City engineer will measure right-of-way when the surveyor puts in new irons. M/S/P Hunt/DeLapp - to adopt Resolution No. 98-32, A Resolution Vacating that portion of Hill Trail North adjacent to Lots 415, 416, 417, 418, Lanes Demontreville Country Club so described in said resolution including the three conditions. (Motion passed 4-0). B. Request for driveway on unimproved City right-of-way. Property described as Lot 1, Block 4, Tamarack Farm Estates. Applicant: John Carr, 5308 Linden Trail N. _ John Carr is building a house on Lot 1, Block 4,Tamarack Farm Estates. Mr. Carr requested that he be allowed to use the unimproved future road as a temporary driveway to his new house. He would prefer a side -loading garage. In his letter dated April 24, Tom Prow recommended approval of this request with the following conditions: 1. The property owner shall be responsible for any grade or alignment changes that may be needed when the future street is constructed., 2. The property owner shall be responsible for any removal costs when the future street is constructed. In his letter dated April 28, Jon Whitcomb, Developer of Tamarack Farm, stated that any improvements made by Mr. Carr would by at his risk. If a road were to be put in, any improvements they would have done would be lost. In the future, if the property owner to the North wants to share a portion of the driveway, he would have to come to the City with a request. M/S/P DeLapp/Hunt — to direct the City Attorney to prepare an agreement for John Carr for the use of the unimproved right-of-way for access to the house built on Lot 1,Block 4, Tamarack Farm Estates conditioned upon applicant being notified of the conditions suggested by the City Engineer in his memo dated April 24, 1998 and the Developer, in his memo dated April 28, 1998, with both documents being made part of this motion by reference. (Motion passed 4-0). C. Village Committee Request Administrator Kueffner reported the Village Commission Chair, Yvette Oldendorf, has scheduled a meeting for May 12 and asked for Tom Prew's attendance to discuss water drainage and storm water issues. Tom Prow will not be able to attend, but Administrator Kueffner will be attending to give an overview on the Met Council's policies for rural centers. Lake Elmo Elementary School has been booked for an open public forum for June 10`n. The Committee asked if money should be spent on a direct mailing or should they insert an article in the Newsletter. M/S/P Hunt/Dunn — to approve sending the City Engineer to a future Village Commission meeting to update them on drainage problems within the Village Study Area. (Motion passed 4-0). M/S/P Hunt/DeLapp - to direct the staff to include an article on the Open Public Forum by the Village Commission for June 10`" on the front page in the Newsletter and authorize a mass mailing to the Lake Elmo residents concerning this meeting. (Motion passed 4-0). Administrator Kueffher will meet with Ms. Oldendorf to discuss what will be included in the notice. The Design Team will be sent a meeting notice. LAKE ELMO CITY COUNCIL MINUTES MAY 5, 1998