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COUNCIL MINUTES OCTOBER 9, 2000 Council Member Carlson thanked the EDAC for the work they have put into this effort. She stated • she has attended their meetings for approximately five (5) years as a representative of various committees. Council Member Carlson stated the EDAC deserves a voice in what is determined and noted the report indicates the negotiations with the Metropolitan Council on the Comprehensive Plan are not yet concluded. She stated she will take these comments and suggestions into consideration. Mr. Hawkins stated that while there is no legal requirement for a motion to accept the report, a motion could be made. Or, the Council could simply receive the report without a motion. Council Member Carlson asked if receiving the report means the Council is bound to a greater degree to 22 units of housing than if the report is only received. Mr. Hawkins stated acknowledging the report as being completed and accepting the report would not bind the Council to adopting those recommendations. Mayor Bergeson moved to receive the five (5) year economic developpasnt plan, as presented, with thanks. Council Member Carlson seconded the motion. Motion c fed unanimously. SECOND READING, Ordinance No. 16 - 00, Vacating an Eas men Across Lots 2 -5, Block 1, Pheasant Hills Preserve 8th Addition (4/5 Vote Require), J hn P ell — Staff advised that residents of Lots 2, 3, 4, and 5, all of Block 1, Pheasant Hills Pre e 8th Addition, have petitioned the City to vacate a portion of the easement located i kck yards. Staff displayed a map depicting the dimensions of the existing easeme 'an e proposed vacation area. The existing easement was dedicated for drainage and utility The grading plan, as proposed by the dey backyards of these properties. Howe center of the swale was moved to th outside of the plat limits and ru noted the submittal of prope ' r si r's engineer, originally showed a swale through the e lots were graded by the house builders, the lot 1e. In fact, some of the drainage has been pushed roperty owned by the Centennial school district. Staff atures supporting this easement vacation. The first reading of this o ®iris. ®ce =has held on September 11, 2000. Since the first reading, the residents in the area have c act d the school district. The school district has indicated a willingness to grant the necessary drainage easements to the residents. City staff has determined that even without the school district easement the drainage can be conveyed using the reduced easement area as shown and recommends granting the vacation request. The publication of the ordinance will be delayed until either the school district easement is acquired or the swale is relocated into the existing, though reduced in size, easement. However, it is staff's understanding the easement may be executed by the school district before the City Council meeting. Section 12.05 of the City Charter requires that real property of the City cannot be disposed of except by Ordinance. The Ordinance will require two readings, publication, and a waiting period before it is in effect. Staff recommends the Council approve the second reading of Ordinance No. 16 — 00. 10 • •