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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 37 6. #15-3739/3786 BPS PROPERTIES, LLC, 300 SIXTH AVENUE NORTH – FINAL PLAT, RESOLUTION NO. 6548 (continued) The Council’s decision deserves deliberate, well considered applications of the science of ecology and environmental protection to the natural resources that will be impacted by any ultimate approval action. Failure to apply such principles risk irrevocable degradation or destruction of those resources. The plaintiffs are prepared to help the Council through that process but not tonight. Lane stated his clients have important statutory rights, and the property itself has important natural resources with ecological and environmental value that deserve legally determined protection. These are material issues that deserve further consideration and opportunities to be determined on their merits. Lane stated no undue harm to the City or to the developer will occur if the City Council defers final plat approval until after final adjudication of the parties’ rights by the Court. However, if the City Council does grant final plat approval this evening, it will be on record as a governing body as having preemptively stepped in front of a court of law, which in this case is exercising equitable jurisdiction in this very important environmental matter. Further, in the event of final plat approval this evening, the City will have gone on record as having denied residents of the State of Minnesota of undeniable due process rights made available to them by the Minnesota Environmental Rights Act. If that should occur, the violation of the citizens’ fundamental rights that lead to a decision to grant final plat approval necessarily will lead to future protra cted and costly litigation for the City. Lane stated the City Council should defer its decision with respect to final plat approval so that it does not get ahead of itself in pending judicial or decision-making processes. Lane stated for all of these reasons, his clients object to the City Council’s granting of final plat approval for BPS Properties’ Mooney Lake Preserve and request that such action be tabled to a date to be determined that is consistent with future orders of the Hennepin County District Court. Jeff Watson, Attorney-at-Law, stated he is appearing here tonight representing BPS Properties and George Stickney. Watson stated they are not going to argue here what is being argued in Hennepin County District Counsel. Watson stated the City has received legal counsel and they are in agreement with that counsel. Watson stated they would request final plat approval tonight. Cornick asked if there would be any damages if the application is delayed. Watson stated there would be and that an affidavit listing their damages is on file with the Hennepin County District Court. Watson stated in his view this is not the proper forum to argue the case. The plaintiffs argued their motion for a temporary restraining order, which was denied, and the plaintiffs will again be arguing their case on Monday afternoon. Watsons stated an affidavit has been filed by Mr. Stickney in opposition to the motion along with his estimation of the damages that would result from losing an entire construction season. Lane stated he would like to remind the Council that the MN Environmental Rights Act does not allow economic damages for economic issues to be awarded under the Environmental Rights Act. Lane stated he would ask the City Council to consult the City Attorney to verify that.