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F i <br />4 <br />MINUTES OF ORONO COUNCIL MEETING HELD APRIL 23, 1990 <br />ZONING FILE 11428 -OTTEN BROTHERS CONTINUED <br />letter from Mr. Walvatne was received at the beginning of the • <br />meeting and distributed to Council. Bernhardson requested that <br />if approval is granted, that it would be conditioned upon <br />resolving the issues involving Mr. Walvatne. <br />Mr. Mitchell asked Council to vote on this matter based on <br />the information previously submitted and allow him to address Mr. <br />Walvatne's concerns as a separate matter. He said, "As far as we <br />are concerned we are agreeable with the City and are ready to go <br />forward." <br />Mayor Grabek asked Bernhardson what changes have been made. <br />Bernhardson replied that one change involved the sewer and <br />water agreement. The purchase of the well for $5,000 will no <br />longer be an election, but will be required. Another change will <br />be made pertaining to language used to describe the sewer and <br />water phases. A change will be made to the PUD document to state <br />that it will be the governing document should conflicts occur <br />from document to document. <br />Callahan stated that it appears that these changes have been <br />agreed upon. He asked why, however, Council was being asked to <br />give final approval when in fact the final documents have not <br />been completed. <br />Mabusth stated that until today, staff and applicant • <br />believed that the subdivision was finalized. She said that just <br />prior to this meeting staff learned of Mr. Walvatne's concerns. <br />Callahan indicated that he was not referring only to Mr. <br />Walvatne's concerns, but also to the revisions Bernhardson had <br />noted earlier. <br />Mr. Mitchell noted that those revisions constituted a very <br />minor portion of the lengthy documents and that the parties were <br />in agreement. He also stated that Mr. Otten has a desperate need <br />to start construction. He urged Council to allow staff to <br />complete these last details. <br />Councilmember Goetten asked Mr. Mitchell to address the <br />situation involving Mr. Walvatne. <br />Mr. Mitchell said, "It was our understanding that Mr. <br />Walvatne has been in agreement with us for the last 9 months <br />regarding the land swap and road placement." Mr. Mitchell <br />presented a sketch and reviewed for Council the proposal to swap <br />land with Mr. Walvatne. Mitchell said, "As of 4:30 today, it was <br />my understanding that Mr. Walvatne's only concern was the <br />location of the evergreen trees that will be used for screening. <br />It has always been Mr. Otten's intention to place the trees on <br />- 4 - • <br />