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------ ---0---- ----~---- ..----uo, ....._............_... ._, ............ Page 3 P~anner Bergly explained the City Engineer has reviewed the site and the easement on the rear property line; the easement extends across lots 1 thru 9 of this plat. Bergly stated it is his understanding the drainage flows down the easement from lot 2 across lot 8, at which point it is intercepted by a storm sewer culvert that runs from the easement to a etorm seWer located in the street, . Bergly stated the City Engineer has advised there appears to be no problem with vacating the portion of the easement as requested by the Jacobsens. He stated the Rice Creek Watershed District was contacted and advised they have no jurisdiction over the drainage easement as it is a City easement; a letter will be forwarded to the City. Council questioned if lots 1 thru 8 would be requesting vacation of the easement. Bergly stated the easement would be required across those properties to the culvert; the natural drainage pattern flows that direction. Bergly recommended 10 ft. of the 25 ft. easement be retained by the City for maintenance of utilities; the purposes of the Jacobsens request would still be met with the retention of the 10 ft. easement. The Planner advised a public hearing on this matter is required and requested Council determine a date for the hearing. Winiecki moved, seconded by Peck, that Council set a public hearing at the next Regular Council meeting, relative to the requested . Vacation of 15 ft. of the 25 ft. drainage easement on the northern property line at 1295 Wyncrest Court, Jacobsen residence. Motion carried unanimously. (4-0) MINOR SITE PLAN Planner Bergly advised Council the Burger King restaurant CHANGE; BURGER site on Lexington Avenue is proposing to construct an KING, LEXINGTON AVE. addition to the rear of the building, approximately 10 ft. x 17 ft. He explained the enclosure would be constructed with the same materials as the building and would appear to be a continuation of the building. Bergly stated a walk-in cooler would be moved from the interior of the building and relocated to the enclosure; access would be gained only from the interior of the building. He explained the interior seating capacity would not be increased and the area original planned for the walk-in cooler would be used for dry storage. The Planner explained the Zoning Administrator had determined the proposed addition is a minor plan change and does not require an amendment to the SUP; this matter was presented to Planning Commission and Council for informational purposes. REPORT OF CLERK ADMINISTRATOR . PUBLIC HEARINGS RES. f/88-31; DELINQ. Mayor Woodburn opened the public hearing on the Special SEW/WTR ACCOUNTS Assessments for Delinquent Sewer and Water Accounts at 8:00 p.m. Clerk Administrator Berger verified publication of Notice of Hearing in the New Brighton Bulletin on September 28, 1988, and mailing to individual property owners the same date. Mayor Woodburn asked for questions or comments from the floor; none received. The Public Hearing was closed at 8:05 p.m. Winiecki moved, seconded by Peck, that Council adopt Resolution No. 88-31, ADOPTING AND CONFIRMING SPECIAL ASSESSMENTS FOR DELINQUENT SEWER AND WATER UTILITIES. Motion carried unanimously. (4-0) RES. #88-32; Mayor Woodburn opened the public hearing at 8:07 p.m. DISEASED TREE REMOVAL Clerk Administrator Berger verified that the Notice of Hearing was published in the New Brighton Bulletin on I September 28, 1988 and mailed to individual property owners the same date.