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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 5 of 37 6. #15-3739/3786 BPS PROPERTIES, LLC, 300 SIXTH AVENUE NORTH – FINAL PLAT, RESOLUTION NO. 6548 The final plat approval resolution is drafted such that filing of the plat and associated documents with Hennepin County will not occur until all specific requirements of approval have been completed. MCWD permits have yet to be approved, with an MCWD Board hearing scheduled for October 22. This includes the City having in hand the issued MCWD permits, Hennepin County access permits, letter of credit and escrow, signed development agreement, signed covenants, etc. Staff recommends that the City Council adopt the resolution, subject to Staff and City Attorney confirmation of satisfactory completion of all required final submittals and documents. Council Member Walsh stated in his view it should be kept somewhat flexible for the developer in terms of where the homes will be located. Walsh stated in his view these conditions should be fairly easy to attach to the property and that the developer should be given some flexibility. McMillan noted these are large lots and that there is some flexibility relating to the location of the raingardens. McMillan stated she is in favor of Option A. Walsh stated he would tie it in with the issuance of the permit. McMillan stated in this situation, with the bigger lots, there is a lot of room to relocate them. McMillan stated she understands Staff’s position and that she is okay with Option A. Council Members Printup, Cornick, and Levang indicated they are okay with Option A as well. Jim Lane, Attorney-at-Law, stated he represents the residents in a lawsuit against the City of Orono, BPS Properties, and the MCWD. Lane stated they are requesting that the City Council not act on the final plat until all issues have been resolved. Lane noted he has submitted a letter summarizing his request to the Council and Staff tonight. Lane stated earlier today there were two separate motions pending in court regarding this matter. One previously pending motion was resolved in their clients’ favor this afternoon, allowing site inspections of the subject property by plaintiffs’ consultants and expert witnesses on Tuesday and Wednesday of this week. Another motion is still pending for rescheduling of a hearing on plaintiffs’ motion for temporary injunction against the City and others, which, absent rescheduling, currently is scheduled for October 19. Lane stated he is here this evening to request in the strongest possible terms that the City Council defer action on its final plat approval until the plaintiffs’ motions are fully resolved by the court and the plaintiffs have exhausted their administrative remedies before the MCWD, which is scheduled for October 22. Lane stated the bullet points in his letter outline the specifics of their requests. Lane stated the plaintiffs have important rights under the Minnesota Environmental Rights Act and that they strongly object to the City’s apparent readiness to grant final plat approval this evening. This land use application is very important to the City of Orono and to area residents whose statutory rights are at stake.