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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 23, 2006 7:00 o’clock p.m. _____________________________________________________________________________________ (5. #05-3080 INTERSPACE WEST, 2060 WAYZATA BOULEVARD WEST, Continued) Anders stated there was a laundry list of things that had to be accomplished during that time period and that only one issue remains to be resolved. McMillan stated the stormwater issue is a huge issue and should have been resolved prior to the deadline expiring. Anders commented he does not see how requiring a new application would benefit anyone. Sansevere inquired what a renewal would entail. Brokl stated if an extension on the preliminary plat is granted, the Council would need to grant approval on the final plat that is in substantial conformity with the preliminary plat. Sansevere inquired whether this application could be tabled. Brokl stated tabling the application would also imply approval. Anders stated it was their understanding that they would be able to address two of the three items. Murphy commented they are being addressed. Gaffron stated functionally approving a renewal of the preliminary plat approval would be the same as approving it and that options 2 and 3 would be essentially the same thing. Anders stated they did approach the City prior to October 10th and request an extension. Gina Carlson stated she has been in contact with Planner Gaffron all along and that they had to wait until October 5th when Planner Gaffron was back in the office. Sansevere commented Planner Gaffron’s absence did not affect the applicant’s ability to apply for the Mn/DOT permits. Anders stated they had requested to be on the agenda for the first council meeting in October to ask for an extension. Anders stated he has seen other councils extend deadlines. Sansevere requested the City Attorney explain the law that the City has to follow and the ramifications that would result if an extension were given. Brokl stated the risk would be that approval of the preliminary and final plat would be given and approval would not given by Mn/DOT for utilities or stormwater and access. Brokl stated at a minimum the Council would have to do a conditional plat approval, which would result in options two and three leading to the same result. Sansevere stated theoretically if there is a denial by Mn/DOT, they would not have to do any wastewater management. ______________________________________________________________________________ PAGE 8 of 12 Item #02 - CC Agenda 11-13-06 Approval of Counil Minutes 10-23-06[Page 8 of 12]