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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 13, 2015 7:00 o’clock p.m. __________________________________________________________________________________ Page 24 of 40 (7. #14-3686 JOHN BESSESEN AND TOM WASMOEN ON BEHALF OF DAVID DELANEY, 2500 KELLEY AVENUE continued) Fredrickson stated if trucks are coming north on County Road 19 to Highway 15, they will cut down Lydiard to Kelly to avoid the stoplight. If they are heading east on County Road 15 and wish to go south on Highway 19, they will take a right on Kelly Avenue and cut through in order to avoid the stoplight. In addition, speeding is also very likely, which could lead to someone being injured or killed. Fredrickson stated these safety issues are real and the neighbors believe they should be addressed before additional homes and road construction begin in this neighborhood. Fredrickson noted Mr. Delaney also sent an e-mail to Mike Gaffron dated March 14, 2015, which has been included in the Council packet. This e-mail was sent two days before the March 16 Planning Commission meeting. The second paragraph of that e-mail reads as follows: “For the record on Kelly. My father granted the wetland area under the understanding that the zoning could not be taken away when the land was pledged. We now understand that the City did not live up to that agreement. I have no interest in getting legal involved but this is becoming a long and expensive project, two years. I do not believe we would have these expenses and problem if the zoning had not changed from duplex zoning to residential. Hopefully we can bring this to conclusion in the next few weeks and move forward. Thanks, David J. Delaney, Jr.” Fredrickson stated a reasonable person would see this communication as a very thinly veiled threat of litigation if the City does not approve the rezoning of his property from single-family to multi-family. Fredrickson stated it would seem logical that if Mr. Delaney had any written proof of such an agreement, he would have provided it long before now. Fredrickson stated that language has made them wonder whether that is the reason why Staff has recommended approval of the rezoning and that they are curious about what the City Attorney has to say about that. McMillan noted for the record that sometimes the recommendation of the Planning Commission and Staff are not always the same and that sometimes the City Council does not follow the recommendations of Staff or the Planning Commission. Fredrickson indicated their research to date has found no such agreement between Mr. Delaney, Sr., and the City. Fredrickson stated in summary, they appreciate the Council listening to their concerns, and that what they are really asking for tonight is that the Council make a decision to squelch multi-family on this site. Fredrickson noted Orono’s Planning Commission voted to recommend denial of the request. McMillan noted the City has been working with Hennepin County on the issues with County Roads 15 and 19 and that the City is hoping they address it in the near future. Ken Heimbach, 2525 Kelly Avenue, stated his property is located directly across the street from this proposed development and that he experiences flooding every year. Heimbach stated this property currently floods his property. Heimbach stated if they were to add that much more hardcover up above, the flooding situation will get even worse. Heimbach stated he learned in kindergarten that water seeks its own level, which is Kelly Avenue. Heimbach noted this is now the fourth meeting and that he has no idea who David Delaney is. Heimbach stated Mr. Delaney has never been at a meeting and has never been introduced to the neighbors. City Council Meeting April 27, 2015 Page 26 of 257