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• • • COUNCIL MINUTES OCTOBER 14, 2002 height of surrounding buildings, attaching the conditional use permit conditions somehwere in the document, whether in an attachement or the document itself, the change to the citizen petition and proposer volunteered statement on page 1. With those changes Staff would make the amendments in the document and distribute the document for public comment as required by Minnesota Rules 4410. So if the Council wishes, approving Resolution No. 02 — 142, knowing those four changes will be made to the text and we can move on in the process. Councilmember Reinert moved to adopt Resolution No. 02 — 142. Councilmember O'Donnell seconded the motion. Mayor Bergeson confirmed the requested changes with the consultant. Ms. Hopkins stated yes, these would be done, and they would have the document ready to submit to the EQB next Monday, October 21, 2002 at which time it will be sent out to everyone on the distribution list and any other concerned parties and available at thelibrary next Monday. That will give them enough time to make the changes. Councilmember Reinert amended the motion to include the four recommendations outlined and reiterated by staff Councilmember O'Donnell agreed to the amendment. Motion carried unanimously. Resolution No. 02 —142 can be found in the Citi` Ck's. office. Public Hearing, Consider FIRST READING o prdinance No. 12 — 02, Vacating Ponding Easement, Lot 11, Block 2, Sunset Oaks, 73 L lac Street (Debra Woods), Tanda Gretz — Associate Planner Gretz advised Debra Woods lives at 73 Lilac Street, a two -acre lot which is zoned Rural. The property contains a home with an attached garage, and Ms. Woods would like to construct an additional detached garage to the rear of the home. There is an existing 42' X 190' ponding easement area on the east part of the property. This easement area is where the applicant would like to site the proposed garage, and so she is asking for a Vacation of the easement. This review is based on the following attached exhibits: 1. General Location Map. 2. Certificate of Survey, prepared by Kurth Surveying, August 16, 2002. The existing ponding easement at 73 Lilac Street (Lot 11, Block 2, Sunset Oaks) covers portions of the eastern part of the property and extends onto the neighboring property to the east. In reviewing documents from the time the Sunset Oaks subdivision was constructed (1970's), it appears that the ponding easement area was designated in anticipation of a pond being constructed or needed. Thirty years later, such a pond has never materialized. 23