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Special Meeting June 5, 2001 3. Page 3 Mr. Patterson what the upper limit allowance would be for this project. Mr. Patterson stated the building would be no more than eight stories and no more than 400 residential units. Mr. Patterson also advised he had received information from other City departments that indicated the City could provide water and wastewater services for this development. Mr. Cox inquired and was advised by Mr. Patterson this development is outside the Central Business District. Mr. Bob Higgs advised the easement currently serves two businesses on the Carson property which are scheduled to be removed when the project moves forward. Mr. Taylor stated the Council acts as manager of the City's easements and assets, and not in a regulatory manner. He stated he disagrees with Mr. Rodman regarding easements, and stated the Charter states the Council acts in three readings of an Ordinance regarding easements. He stated the Council must act to release easement rights. He stated the focus should be whether there is a continuing need for the easements. Mr. Taylor stated Mr. Higgs has advised the easements serve businesses now. When there is no longer a need for the easements, as reported by Mr. Higgs, then the easements could be released. Mr. Mihalkanin asked Mr. Taylor if the Council was considering the use of the easements now or in the future, and Mr. Taylor stated the future need of the easements should be the only consideration. Ms. Hughson asked if the City could release easements that are still being used. Mr. Taylor stated the City could agree to a release when th~ owners no longer are using the easements, making it conditional. Mr. Taylor stated easements are often removed through replatting which does not require Council approval. Mr. Patterson stated the Carsons have presented the City with a replat. He stated if a replat meets certain criteria, Staff can approve these. He advised the Council on this particular issue, Staff will not move forward until the easement issue is resolved, and stated the Carsons applied for a release of easement before the replat was presented. Mr. Mihalkanin requested the City Attorney put in writing to the Council the release of easement and replatting processes. Ms. Tatum stated if the Council approves the release of the easement, then it will not really be released until the current businesses on the property no longer need electrical service. Mr. Cox then moved for adoption of the Ordinance on third and final reading and to amend the Ordinance with language provided by the City Attorney in Section 1, as follows: " is approved, subject to cessation of current uses on the property requiring electrical service," and Mr. Mayhew seconded the motion. On roll call the following vote was recorded: AYE: Hughson, Chiu, Cox, Mayhew, Tatum. NAY: Mihalkanin, Montoya. ABSTAIN: None. The meeting adjourned at 6:23 p.m. on motion made by Ms. Tatum and seconded by Mr. Mayhew.