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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 26, 2020 6:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 7 2020 and met with surveyor Mark Gronburg, realtor Mike Stedman, and developer Tim Whitten. They walked the property and at that point nothing was said regarding changes to the proposal. She noted they now have two proposals, one of which is completely different, with only one business day notice. She noted she objects to the first proposal with 7 lots and she is also not in favor of 6 lots. She believes it is in Minnesota State Statute that there must be 10 days’ notice to bring a proposal. She has retained legal counsel and will ask Attorney Aaron Dean to share what they have been working on. The second proposal was 26 pages and it was not an incidental decision to put it forward the previous Friday night. She feels this is a bait-and-switch as it is a high-density 7 lot development reminding her of a square trying to be put into a circle and she does not understand it as the road goes right into her property and is a very big concern. Ms. Burwell stated this is affecting her property in a big way; at a previous meeting, she noted Mr. Whitten stated the neighbors ‘love the proposal and they have had lots of meetings.’ Ms. Burwell said there has been one meeting on March 12, 2020. She was never asked for her consent and never stated she is for this and has never wanted a development there for reasons such as density, safety, the road, the forest, the beauty, and preservation. Ms. Burwell noted this development is a big step for Orono and she knows the City does not take it lightly. She asked that the City Council deny the application for the subdivision, start over and actually speak with the neighbors to disclose their true intentions. Aaron Dean from Moss and Barnett Law Firm stated he spoke with City Attorney Mattick earlier today and was not surprised by what the Applicant has done; the Applicant owns that they are putting themselves in harm’s way by not providing notice to the neighbors. Just minutes before the meeting, the Applicant asked for a do-over and to table all discussion on the matter; they don’t want a vote because they know they are in trouble. Wherever one lives, they deserve to have peace and the Jacobs Family Trust and their consultants have turned that truth upside down. He said they want the Burwells, Kuhlmans, Nelsons and others to live with uncertainty. Mr. Dean said the time is now to vote on the 7 Lot subdivision and the 6 Lot subdivision and provide finality on those two subdivisions. He noted the neighbors hate it and Ms. Burwell should not have to hire an attorney. He gave a power-point presentation outlining the objections along with video clips of the August 17, 2020 and September 14, 2020 meetings. After audio difficulties, Mr. Dean asked the Council to go back after the presentation to consider comments by the Applicants and in a closed session go back and listen to those very audio clips so they have the benefit of a fresh recollection. Regarding one video clip, Mr. Dean noted Mr. Whitten talking about how the neighbors love the proposal; yet the Applicant only scheduled one meeting in mid- March with a little over one-week notice that no one was able to attend and they called it good because no one attended and voiced any objection. He said it is a shameful act by the Applicant to stand before the Council and say the neighbors are fine with it, when tonight three neighbors spoke and said they never agreed to it. He hopes this colors the view of everything the Applicant says going forward. Mr. Dean noted the Burwell property on screen and said somehow, they have lost sight that the Burwell residence is located on that singular lot. Staff and the developer have said they can draw a new ALS line down to 1125 Millston Road where the caretakers’ house is…but that is not the purpose of the ALS line; rather the ALS line is to protect the actual resident and there has been no consideration to Mrs. Burwell about her actual home. Mr. Dean said the biggest problem with the application is that they are trying to have too much density and they would have been far better off with 2-4 lots depending on configuration. However, this is not the neighbor’s problem, nor is it the Council’s job to come up with a plan that meets City ordinance or state law; it is the Applicants job. Mr. Dean noted Mr. Barnhart said previously that the ALS line was arbitrarily created or “manufactured” in order to have some buildable areas on Lots 1, 2 and 3. The standard for the ALS ordinance is not to arbitrarily set or manufacture a line. This 7 Lot development would require this City Council to ignore the problems with Lots 1, 2, 3 and 6 and possibly Lot 5. Mr. Dean said they would have to overlook 4 lots that would require variances and that is not fair. 6 6