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ORONO CITY COUNCIL MEETING <br />MONDAY, OCTOBER 9,2000 <br />4. §2596 Brensheil Homes, 1181 Wildhurst Trail —Preliminary Plat —Resolution <br />No. 4529 —Continued <br />Flint questioned the status of the wetland area on the proposed lot. Weinberger stated <br />that the Watershed District is putting together a panel that will make the final <br />determination of the wetland area. The panel will consist of BWSR, the DNR, the <br />Miimehaha Watershed District, and a City wetland expert. If they determine there is <br />wetland on the proposed lot, a conservation easement will be placed over the wetland <br />area. Mayor Jabbour stated that if the wetland exceeds the excess area on the property, <br />the developer would have to reduce the number of lots in the subdivision to accommodate <br />the wetland. The applicant stated he understood that condition. Mayor Jabbour stated the <br />Council ’s preliminary approval is subject to the wetland survey being completed prior to <br />Final Plat approval. <br />Flint asked if the -.wale on lots 2 and 3 could be fenced to prevent people from altering it. <br />Gaffron stated they can place signs on the property comers delineating the drainage areas, <br />also the title would define the drainage easements. The applicant stated that an <br />association would maintain the subdivision and each homeowner would be subject to the <br />association, which would have access to all necessary paperwork. Gaffron stated that the <br />swale should be delineated on the property and a covenant should be filed against both <br />properties, requiring homeowners to maintain the swale and allowing the City to enforce <br />the n .itter in the future. <br />Kelley moved, and Peterson seconded, to adopt Resolution No. 4529 granting <br />preliminary approval of a Class III Subdivision for property located at 1181 <br />Wildhurst Trail and owned by Steve Benke, with the addition that a covenant be <br />filed against lots 2 and 3 requiring homeowners to maintain the swale. <br />Vote: Ayes 3, Nays 1 (Flint). <br />5. #2604 James Anderst, 3380 Shoreline Drive—Commercial Site Plan Review and <br />Conditional Use Permit—Resolution No. 4530 <br />Mr. Anderst and his legal council were present. <br />Weinberger stated that the City of Orono had issued a building permit to allow <br />remodeling of the Narrows Saloon. The applicant was now requesting a conditional use <br />permit for the property, which is located in the B-1 Retail Sales Business District in <br />which a Class II Restaurant is defined as one that serves intoxicating liquor or has live <br />entertainment—typically bands that play on Wednesday through Saturday nights. The <br />Planning Commission recommended approval on the conditions that: live entertainment <br />end at 12:00 a.m., the business close at 1:00 a m., and that there be a 2 door system to <br />reduce noise pollution outside of the building. The front entrance has single doors. Staff <br />discussed using the front entrance as a fire exit only during hours that bands are playing.