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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 7 of 37 6. #15-3739/3786 BPS PROPERTIES, LLC, 300 SIXTH AVENUE NORTH – FINAL PLAT, RESOLUTION NO. 6548 (continued) City Attorney Mattick stated in terms of the plaintiffs’ desire to not have a decision tonight, the court was made aware of tonight’s meeting and chose not to prohibit the City from taking any action. Mattick stated in addition, there are various timelines under MN Statutes that require cities to act on these applications. As it relates to a final plat, there is a 60-day limit to act on a completed application. Mattick noted most of the heavy lifting on these types of applications is done at the preliminary plat stage, which has already been reviewed by the Council and approved. Mattick stated as it relates to damages, that is an item that is before a judge right now and there is nothing that prevents the Council from acting. The review at the staff level has been thorough. All the items that have been requested be addressed have been reviewed and are now before the City Council for their approval. Mattick noted Staff’s report discusses that the Council’s approval tonight is still subject to Watershed approval and that no grading will occur, no trees with be cut, and the mylars will not be released until that approval is gained. Mattick stated while the statement in terms of once it is gone, it can’t come back, in general is true, approval tonight does not release the developer to go out there tomorrow and start working and that the developer still needs to go before the Watershed District. Mattick stated with all due respect, he does not agree with plaintiffs’ counsel. Levang asked when the 60-day period expires. Gaffron stated the application was received on September 15 and 60 days from that would be approximately November 15. Gaffron stated he is not sure whether the application submitted was totally completed on September 15 since a few items came in late. Gaffron stated in his view November 15 would be a safe date to say for the 60-day limit. Levang noted that does give the Council some time if they choose to give the plaintiffs some additional time. Mattick indicated the Council can do that if the Council feels there is something missing from the application. Walsh stated this is probably the third time in as many months where the City has had issues relating to a lawsuit brought up, and that it is not the City’s job to adjudicate those issues since those are legal arguments. Walsh stated the Council’s job is to act on the items that are before them, and if the application is ready to be approved, it is ready to be approved. McMillan stated the applicant has everything ready for final approval and that approximately half of the acreage is in a land trust and that the development is low density. McMillan stated in her view a lot of work has gone into making this development environmentally sensitive and that the City’s Attorney has indicated the Council can proceed on final plat approval tonight.