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• • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,November 9, 2009 7:00 o'clock p.m. ( . #09-3423 HAR VEST MOON NATURAL FOOD CO-OP ON BEHALF OF CLIFFORD OT . N, 2380 WAYZATA BOULEVARD WEST, Continued) Bremer st.•ed she would prefer to have all contingencies spelled out,but that if the City fee it is not necessary in i e future to reconstruct the access, she would be willing to leave that lang .ge as long as the City would hav- the option to address this issue in the future. Mattick indicated he ' not opposed to removing that language. McMillan asked if the si :tion does arise where the access needs to be real' ed,whether the City can close that access. Mattick stated the City does con •l the access since they are the ro.. authority and they have the ability to determine what a reasonable access ould be. Murphy noted if the amendment is adopt:. as is, the City hire a consultant and the recommendations will need to be followed. White stated the City will not be arbitrary about .e i ue and that if the conditions change at some point in the future,they will sit down with the property o '-r to arrive at the best solution. Murphy asked whether it would be helpful if• e italiciz:. part is left in but add the language that unless the access change is due to traffic that is unrel. ed to his use o is property. Mattick stated in his opinion that doe- not change the issue. If t -re is no through street, the only traffic that will be utilizing the access wi •e traffic going into Otten's. Bremer moved,Murphy se •nded,to adopt PUD Amendment No. ' to PUD No. 1 for Harvest Moon Natural Foods Co-Op, a • mendment to Planned Unit Development o. 1 Agreement for East Willow Woods,with t • removal of the last sentence of Paragraph 5. a TE: Ayes 5,Nays 0. *8. #09-3424 ► CHAEL AND DONNA EBERTZ, 1220 TONKAWA R I • D—VARIANCE— RESOLUTIO OS. 5881 AND 5882 Bremer . I ved,Murphy seconded,to adopt Resolution No. 5881, a Resolution Gran • g Variances to Munic'•al Zoning Code Sections 78-1288 & 78-1405, and RESOLUTION NO. 5882, a 'esolution De ng a Variance to the Orono,Minnesota, City Code Section 78-1405. VOTE: Ayes ,Nays 0. *9. #09-3431 WAGENER PROPERTIES,LLC,3165 NORTH SHORE DRIVE— CONDITIONAL USE PERMIT—RESOLUTION NO. 5883 Bremer moved,Murphy seconded,to adopt RESOLUTION NO. 5883, a Resolution Granting a Conditional Use Permit Pursuant to Municipal Zoning Code Sections 78-967(B)(2) &78-1286(D)(2). VOTE: Ayes 5,Nays 0. Page 4 of 71 --- __.—___—__. _----._....__-- ---_.___ _