10-26-2020 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 26,2020 6:00 o'clock p.m. He asked the Council to keep in mind the proposed ALS (Line B)on the north side is also a manufactured line...now there are two manufactured ALS lines to try and fit a 7 Lot development on a parcel that is not big enough. Mr. Dean noted the Applicant met with Ms. Burwell one day after they submitted the new proposal and did not disclose their intentions; now they want the Council to allow them to sanitize their actions,pull it back and have no vote. He showed an aerial photo on screen and said the top ALS line stops on the Burwell property at an unoccupied accessory garage building. He gave the City Attorney the ordinances regarding principal versus accessory structure and also spoke about the road plans. He said there is a requirement for 10-days' notice under MN Statute 462.358 subdivision 3B; it was not published in the newspaper or provided to any neighbors. Mr. Dean showed an aerial on screen with a blue line which noted the definition of the ALS which would extend to Ms. Burwell's home. He hopes the Council takes time to listen to the developer and the video clips and come back tonight with a vote. Pat Steinhoff, a lawyer from the law firm Malkerson, Gunn, Martin,representing the Applicant, noted he thought they would be talking about the request to table and did not realize they would discuss the application itself He said if the Council is not going to table,he asks that they allow Mr. Whitten and the Applicant to make their presentation on the application. Mayor Walsh said because the Applicant has requested to table; from the Council's perspective they will table it. However,because others were present at the meeting, he wanted to give them the opportunity to speak. He noted City Attorney Mattick would also address some of the legal arguments. Mr. Steinhoff said the reason the Applicant decided to table is because the application has been in front of the City since March with multiple Planning Commission and City Council meetings. One hour before arriving tonight,they received a 10-page letter from Mr. Dean and it is impossible to thoughtfully respond to everything in the letter,which it what they want to do. Therefore,they immediately contacted City Staff to ask that the application be tabled so they can respond in a thoughtful manner to all the things Ms. Burwell and Mr.Dean have said. He said the reason there are two alternative plans is in previous meetings there were many objections to the ALS, so the intent of the alternative concept plan was to respond to those objections by presenting a plan that put all the lots behind the ALS. Attorney Mattick said he also received Mr. Dean's letter earlier that afternoon and has a chance to read it, but would like the opportunity to provide the Council with his thoughts on the arguments that Mr. Dean raises. In fairness, before the Council votes on the merits of the application,Attorney Mattick would like to address those comments. Mattick understands that the Applicant would also like the opportunity to submit their thoughts on the items raised. If Mr. Steinhoff can give a date that his memo will be prepared, the City can then take all of the information,respond to it and allow the Council to make a meaningful decision. Mr. Mattick also noted there was discussion about lack of notice and neighbors having to scour the internet for information and he said that is an incredibly fair request and it might make sense to table the discussion to a date-certain so people know when that meeting would happen. The Applicant has provided the City a 60-day extension. Walsh motioned,Crosby seconded,to table LA19-000048 1700 Shoreline Drive until December 7, 2020. VOTE: Ayes 4,Nays 0. MAYOR/COUNCIL REPORT Johnson had nothing to report. Page 5 of 7