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i • The City Attorney noted that the applicants had expressed concerns about access and the conservation easement had been clarified to specifically allow a path. Finn noted that there seemed to be some confusion as there were really two issues: the conservation easement and the setback. Marsha Robertson, applicant, thanked Councilmembers for recommending this issue be revisited. She noted that they had signed the easement under duress and also believed the proposed conservation easement was not logical. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Finn and passed by the following roll call vote to not accept the conservation easements for Mittelman and Robertson at this time and to send this issue back to the Planning Commission and staff for review and recommendation back to the Council. It was further noted that the applicants would pay for any staff costs involved and would be advised of any costs involving review by outside agencies to see if they wanted to proceed understanding they would be responsible for those costs also. Council further directed staff not to hold up either of these building projects while this issue was being reviewed. AYES: Mayor Pro Tem Finn and Councilmembers Casey and Cheng NOES: Mayor Dauber and Councilmember Johnson • Dauber stated that this conservation easement was a condition of original reclamation plan and the environmental impact report for the subdivision. She noted that the applicants had had a `fast-track' review and had signed a statement agreeing at that time to all of the conditions for their project so they could start building. They were now reneging on one of the conditions. 6. NEW BUSINESS 7. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 7.1 Recommendation to City Selection Committee Voting No action taken. 8. STAFF REPORTS 8.1 City Manager 8.2 City Attorney • 8.1.1 Report regarding statements from Mark Miller June 1, 2000 Regular City Council Meeting 5