02-22-1999 Council Minutes - Laserfiche WebLink

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ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 22, 1999 #2308 Brook Park Realty, Continued management pond in the southwest corner of the development. Francis Hagen commented there are already some existing trails in the area. Gleason stated the private driveway could be handled by either creating an outlot or including a legal description with restrictive covenants. The City Council indicated a preference for an outlot. Barrett suggested the following changes' be incorporated into the resolution: Page Four, the first whereas be amended to read, Whereas, the Applicants claim the City errored and sued in District Court with respect to compliance with Minnesota Statutes 15.99, requiring action on an application within sixty (60) days unless the City extends the review period in writing; The addition of a third whereas; Whereas, the City has considered its right of appeal from the judgment of Judge Porter and will agree to waive it if an appropriate settlement of this matter can be reached. • Following the paragraph beginning with Now, Therefore, Be It Resolved, the inclusion of the following: 1. This approval is made as part of the settlement of litigation. This approval shall not take affect until and unless the Applicant enters into a binding agreement of settlement with the City on terms acceptable to the City and its attorney. Barrett stated the title of the Resolution should also be amended to read: A Resolution Granting Conditional Appeal of a Preliminary Plat. On page eight of the Resolution, Barrett recommended incorporating #8., Such other documents as may be required for platting by Minnesota Statute 515. Barrett remarked that in his opinion a settlement agreement will also need to be entered into between the Applicant and the City dismissing the underlying lawsuit. Mayor Jabbour stated the issues relating to the lawsuit could be discussed later in executive session if the City Council so desired. Jabbour moved, Peterson seconded, to approve and adopt RESOLUTION NO. 4240, a Resolution Granting Conditional Approval of a Preliminary Plat and 29 Unit (Townhomes) Planned Residential development at 3700 -3760 Shoreline Drive for Brook Park Realty subject to the inclusion of the recommended changes by the City Attorney. VOTE: Ayes 5, Nays 0. 40 6