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ORONO CITY COUNCEL MEETING <br />MINUTES FOR MARCH 8,1999 <br />( #3) #2308 BROOK PARK REALTY, 3760 SHORELINE DRIVE - Continued <br />Moorse responded that a significant amount of the landscaping is to screen the neighbors; <br />however, the residents in the northern units will look down on a large expanse of driveway <br />and the overstory trees are recommended to provide screening for those residents. <br />Kelley said he would not be comfortable approving this application until all of these issues are <br />resolved. <br />Barrett said the structure of the proposal to settle this matter requires that the applicants give <br />up their lawsuit in exchange for the subdivider's agreement. With respect to the landscaping <br />plan, on page 8, it says that the subdivider shall submit a plan and the plan shall be reviewed <br />by the City's consultant and approved by the City Council prior to a certificate of occupancy <br />being issued. Barrett understands that the applicant has agreed to those terms, so the City <br />Council has ultimate control over the disposition of the landscaping plan. <br />Kelley asked what could be done if the City was not in agreement over the landscape plan. <br />Barrett said the City is empowered by the subdivider's agreement not to issue a certificate of <br />occupancy. <br />Kelley asked if the City could hold up occupancy for six months. <br />Barrett said yes, the City has very strong authority with the subdivider's agreement. • <br />Jabbour asked if the City would be justified to complete the landscaping and assess it to the <br />project. <br />Barrett said if the Council is interested in that option, it should be incorporated in the <br />subdivider's agreement. <br />Gleason said he would like to submit a landscaping plan, get it approved by the City and <br />install the landscaping at the appropriate time. <br />Jabbour would like to broaden the language in the letter of credit or the escrow agreement so <br />the money for the street could be used for the landscaping. <br />Gleason said he would be securing funds for the landscaping. He feels that when he applies for <br />final plat approval, that is the time to get the landscaping plan approved. <br />Jabbour said he shares Kelley's concerns and he hopes the developer will work with the City <br />to resolve the issues. <br />0 <br />Page 4 <br />