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Regular City Council Meeting Monday,June 9,2014 Page 8 Councilmember McGehee opined that it would make the entire block look more attractive with additional green space, further opining that, from her review of the property, this parcel may be pushing the 15% limit. McGehee moved to direct staff to look into the impervious surface situation as it is now. Mayor Roe ruled the motion failed for lack of a second. Councilmember Laliberte asked if it was the applicant's intent to apply for the new stormwater credit; and suggested if so, pro-active measures could be suggest- ed to the applicant as part of the negotiations to receive any credits. Mr. Trudgeon responded that he was unsure if that extensive of a conversation had occurred at this time. Councilmember Willmus noted that this easement was originally taken for a par- ticular purpose, later determined not to be needed; and questioned if there was any standing to retain it at this point. At the request of Mayor Roe, City Attorney Bartholdi responded that it had been determined that there was no longer a need for it and it no longer served of a ben- efit to the City. Specific to the possible conditioning of the vacation, City Attorney Bartholdi clar- ified that a vacation was black and white, and no conditions could be applied to a vacation of easement. Mr. Bartholdi noted that the only question was whether or not retaining the easement going forward was of benefit to the City as originally taken and intended. Mr. Bartholdi advised that the vote for vacation was simply yes or no, and once vacated, the applicant could consider options for the property at their discretion,but not as a compliance measure required by the City. Willmus moved, McGehee seconded, adoption of Resolution No. 11152 (Attach- ment E) entitled, "A Resolution Vacating a Portion of Unused Right-of-Way at 2501-2699 Patton Road (PF14-009)." Mayor Roe noted that, based on the aerial photo and map included in the RCA, there were design limitations that may actually leave some green space there due to stormwater ponding. However, Mayor Roe agreed with the City Attorney's advice regarding any conditioning of this vacation. Roll Call Ayes: McGehee; Willmus; Laliberte; Etten; and Roe. Nays: None.