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ORONO CITY COUNCIL MEETING <br />MINUTES FOR FEBRUARY 22,1999 <br />#2308 Brook Park Realty, Continued <br />management pond in the southwest comer of the development. <br />Francis Hagen commented there are already some existing trails in the area. <br />Gleason stated the private driveway could be handled by either creating an outlet or including <br />a legal description with restrictive covenants. <br />The City Council indicated a preference for an outlet. <br />Barrett suggested the following changes be incorporated into the resolution: <br />Page Four, the first whereas be amended to read, Whereas, the Applicants claim the City <br />errored and sued in District Court with respect to compliance with Minnesota Statutes 15.99, <br />requiring action on an application within sixty (60) days unless the City extends the review <br />period in writing; <br />The addition of a third whereas; Whereas, uie City has considered its right of appeal from the <br />judgment of Judge Porter and will agree to waive it if an appropriate settlement of this matter <br />can be reached. <br />Following the paragraph beginning with Now, Therefore, Be It Resolved, the inclusion of the <br />following: 1. This approval is made as part of the settlement of litigation. This approval shall <br />not take affect until and unless the Applicant enters into a binding agreement of settlement <br />with the City on terms acceptable to the City and its attorney. <br />Barrett stated the title of the Resolution should also be amended to read: A Resolution <br />Granting Conditional Appeal of a Preliminary Plat. On page eight of the Resolution, Barrett <br />recommended incorporating #8., Such other documents as may be required for platting by <br />Minnesota Statute 515. <br />Barrett remarked that in his opinion a settlement agreement will also need to be entered into <br />between the Applicant and the City dismissing the underlying lawsuit. <br />Mayor Jabbour stated the issues relating to the lawsuit could be discussed later in executive <br />session if the City Council so desired. <br />Jabbour moved, Peterson seconded, to approve and adopt RESOLUTION NO. 4240, <br />a Resolution Granting Conditional Approval of a Preliminary Plat and 29 Unit <br />(Townhomes) Planned Residential development at 3700-3760 Shoreline Drive for <br />Brook Park Realty subject to the inclusion of the recommended changes <br />by the City Attorney. VOTE: Ayes 5, Nays 0.