09-14-2015 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 14, 2015 7:00 o'clock p.m. 7. #15-3763 CHRISTOPHER AND GAIL BOLLIS, 200 AND 350 STUBBS BAY ROAD, PRELIMINARY PLAT — RESOLUTION NO. 6536 (continued) Mr. MacKinnon has granted the required access easement for Outlot D and it has been recorded with Hennepin County. It is Staff's understanding the applicant and the Kintyre HOA are close to finalizing a cost share agreement regarding maintenance of Kintyre Lane. Gaffron noted the neighbors' attorney has written and submitted a letter to the City that will likely be discussed tonight. Orono's Community Management Plan has no current plans for parks that specifically require dedication of park land from this property. The CMP further indicates that a future trail is proposed along Stubbs Bay Road, connecting from a conceptual trail along the south side of the railroad corridor down to the shore of Stubbs Bay. It is unknown at this time whether that trail will ever be completed, but a 10 -foot trail easement along the west boundary of Outlot A would normally be required. The applicant has stated in his view the easement is not necessary and Staff is in agreement with that. Staff has prepared a resolution for preliminary plat approval incorporating general and specific conditions of approval for Council consideration. Walsh stated in regards to the septic system on Lots 4 and 5, there are no penalties if that system is not removed as required and that in his view the resolution should contain language that provides some type of sanctions, such as not issuing any building permits until it has been taken care o£. City Attorney Mattick stated Staff can draft something to include some type of sanction. Gaffron stated he likes the deal of restricting the building permits until it is taken care of. McMillan stated she was thinking of going in the other direction and removing the two-year limit since both properties are owned by the same party. Walsh stated he is not worried about removing the two-year limit but that he would like some type of penalty in there. Gaffron stated Staff can remove the two-year limit and include a sanction or penalty. Levang asked if road construction traffic will be off of Stubbs Bay Road rather than Kintyre. Gaffron stated the language in the resolution states that "materials and equipment for the construction of the extension of Kintyre Lane shall be accessed through Outlot A of Kintyre Preserve to Stubbs Bay Road and shall not use the portion of existing Kintyre Lane for road construction access." McMillan noted that is just for the road construction and does not apply to construction of the homes. Levang stated she would like to know what the applicant feels about that. Mayor McMillan opened the public hearing at 7:42 p.m. Eric Miller, 195 Kintyre Lane, stated following the last Council meeting, they hired an attorney to look into the facts and timelines associated with both the development, the content of relevant and recorded documents, and what was disclosed and was not disclosed when they purchased their property. Page 8 of 39