06-28-1999 Council Packet - Laserfiche WebLink

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ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 14,1999 (niO) #2484 WOODHILL COUNTRY CLUB, 200 WOODHILL ROAD - CONDITIONAL USE PERMIT- Continued Jabbour said that speed bumps prohibit snow removal and he does not believe the Public Services Director is in favor of them. Jim McCarthy, representing Woodhill Golf Course, said he talked about a grammatical change to paragraph 12 with Barrett and Gaflfron. He distributed a copy of the change. His understanding of the 10 MPH speed limit was that it would be on the access area from the stop sign up to the maintenance building. It was not his understanding that the speed limit would be changed on the public street. He said they would leave the location of the speed bumps up to the Public Service Director. He agrees with placing the “Do Not Enter” sign on the street. He said that with the slight modification of a couple of words on paragraph 12, the items can be worked through with staff and Mr. Barrett. Jabbour asked if Mr. Malkerson had a chance to look at the modification to paragraph 12. Malkerson said he just received it Barrett said he would not recommend that the City at this point or in its previous hearing found as a fact that the acceptance of this was not a waiver or without prejudice. He said the City was going to do this vnthout reference to it’s legal impact. He believes the Council could accept the language provided that it reads “the applicant asserts that its agreement to the conditions is met.” Jabbour stud this is a two-fold issue. This is our resolution, this is what we were going to do whether or not there was a lawsuit. He said hopefially Woodhill will find the wisdom to drop the lawsuit, but if they don’t want to drop the lawsuit, that is their privilege. He believes the Council is acting reasonably and within its authority. He asked if this document has to be a settlement of the lawsuit because he never proceeded that way. Barrett said it does not, it simply states that they wish to reserve, they assert that they are by accepting it still preserving their position and it states that the City would, if they wish, dismiss without prejudice which is what he understood to be the intent of the Council from the hearing four weeks ago. Jabbour asked if Barrett had a problem with the change. Barrett said he would accept the proposal, but adding the word “asserts”. Jabbour asked if Jackson would agree to using the word “asserts”. Jackson said he agreed. Pi^e 19 I