12-13-1999 Council Minutes - Laserfiche WebLink

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ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 13, 1999 ( #7) #2540 BRADLEY HOYT, 2523 KELLYAVENUE -Continued Skolnick said the entire statement is not true. Barrett asked if Skolnick is saying there is no rip rap that has been extended five to ten feet into the lake on the comparative surveys. Skolnick said that is correct, that they have the sworn testimony of the DNR, the Minnehaha Creek Watershed District, Mr. Hafner, who said he has no facts to support an allegation that Mr. Hoyt did anything or that the rip rap has been altered. Barrett said Mr. Skolnick is making two different statements. One is what his client did and the other is that there is an alteration. That is a disputed fact about whether there has been any alteration. Skolnick said he wouldn't say it is a disputed fact. He asked who says it. Barrett responded that City's staff says it. Skolnick said the City employee that was in charge of it, that made the claim, later admitted that he had no factual basis to make that statement. He said that the indication that the flat land between the boulder wall and the water was something that was done by his client is also not true. 0 Barrett asked if his client changed the topography in order to install the wall. Skolnick said no and that they have engineers present who will tell the Council that that flat surface was there prior to Mr. Hoyt's owning the property. He wants the record to reflect that there are some assertions that are not supported by anything. He said they are present because they asked the City what they need to do to satisfy the City. They were told to submit the conditional use permit application and it was done. The City requested additional information and it was submitted. The application was put on the Planning Commission's agenda and then they were told that despite the agenda saying it was on a permit and variances, that it was only on the permit and, therefore, they really could not decide the issue because they hadn't applied for the variances. His purpose in making a statement tonight is to get the truth out. He said his client did put boulders on the property, but he did not do anything else. Skolnick said that the people that have testified from the other agencies cannot tell them what is wrong with the boulder wall or what code it does not meet. He said it is encouraged to put rip rap, to make sure there isn't soil erosion into the lake and that is what has occurred. He said there has been a lot of information developed so far, including a visit to the property and an inspection by three of the City's staff members and the City's independent attorney. He said they walked the property and they were given free access to look, take measurements and take pictures. Page 10