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