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Planner Dillerud reported the history of this site is lengthy with errors and lapses by all parties. By its variance approval and Minor Subdivision recommendation, the Commission desired permanent resolution of the issues based on Findings that circumstances here are unique as to avoid setting precedent or undermining the Zoning Ordinance. M/S/P Dunn/DeLapp — to approve Resolution No. 99-67, A Resolution approving a Minor Subdivision for Rhonda Smothers/Leroy Rossow based on the Planning Commission recommendation and conditions. (Motion passed 4-0). B. PUBLIC HEARING: Vacation of easements at the Homestead OP The public hearing notice was published in the Stillwater Gazette and the affected property owners were notified of the hearing to consider vacation of the existing platted drainage and utility easements along the former lot lines, which after combination/reduction, are now in the middle of the new lots. Mayor Hunt opened up the public hearing at 7:35 p.m. in the Council chambers There was no one to speak for or against the vacation request. Mayor Hunt closed the public hearing at 7:36 p.m. On September 7, 1999 the City Council approved a Minor Subdivision application to combine and re- divide three existing lots of The Homestead OP into two new larger lots. Planner Dillerud pointed out a condition of that approval was the dedication of new drainage and utility easements along the new property lines. Those easements have been prepared by the applicant and approved by the City Engineer and City Attorney. M/S/P DeLapp/Dunn — to approve Resolution No. 99-68, A Resolution vacating existing platted drainage and utility easements along Block 1, Lots 13/14 and Block 1, Lots 12/13 in the Homestead, as recommended by the City Staff. (Motion passed 4-0). C. Comprehensive Plan Amendment — Stillwater Investment Administrator Kueffner is continuing discussion wit the applicant regarding potential development planning for this site. Significant progress has been made toward blending the plans of Stillwater Investment with those of Lake Elmo. By its October 1, 1999 letter, Stillwater Investment, on its own behalf and as an agent for Ms. Smith, has requested an extension for the time period within which the Council must act on its application to November 2, 1999. The staff recommended the Council accepts the applicant's request and extends the time period. M/S/P DeLapp/Dunn — to defer consideration of the application for Comprehensive Plan Amendment by Stillwater Investment to the meeting of November 2, 1999, 8 p.m., based on the applicant's request letter of October 1, 1999. (Motion passed 4-0). 9. CITY ATTORNEY'S REPORT: NONE 10. CITY COUNCIL REPORTS: Council Member Dunn asked that the extra bonuses be removed now that OP Zoning is not mandatory. OP Developments are being approved that are very dense and does not want transfer of density to be the norm. 11. UNFINISHED BUSINESS: 12. NEW BUSINESS: LAKE ELMO CITY COUNCIL MINUTES OCTOBER 5, 1999