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 Kelley moved, Peterson seconded, to deny Application #2540, from Bradley A. Hoyt, 2523 Kelly Avenue, for an After - the -Fact Conditional Use Permit. Flint said he is willing to look at further information if it is submitted, but he will vote in favor of the motion. Jabbour moved, Flint seconded, to table Application #2540, from Bradley A. Hoyt, 2523 Kelly Avenue, for an After - the -Fact Conditional Use Permit. He requested permission for staff to visit the site in order to determine the information they need, he requested that staff send Mr. Hoyt a letter telling him what the City needs, and he requested that the applicant be given notice of a 60 -day extension to act on this application. William Skolnick said he is an attorney for Mr. Hoyt in a lawsuit with the City of Orono. He said that when there is a request for information, there ought to be a good faith belief that the City needs the information and that they don't have the information. He said the statement in the staff report that Mr. Hoyt has filled and extended the rip rap approximately five to ten feet into the lake is an outright lie. He said Bruce Vang, the City Inspector also said it is false in his deposition. He said Mr. Haffner also said it is not true. Jabbour said that most of the Council members are oblivious to the lawsuit. They know there is an action, but they don't know what it is about. Skolnick said he does not believe that is the case. He said there has been correspondence between his office and the City's attorneys talking about Mayor Jabbour's own deposition. Jabbour said he understands that. Skolnick said the Council is not oblivious to the lawsuit. Jabbour said he would like to go on record that most of the Council members know nothing about the lawsuit. Barrett asked Skolnick to specify the statement in the staff report that says that Mr. Hoyt extended the rip rap into the lake. Skolnick quoted, "The most recent survey indicates the slope has been regraded creating a flat area on the lakeside of the boulder retaining wall, and the shoreline has been filled to extend into the rip rap approximately 5 -10 feet into the lake." Skolnick said that is not a true statement. Barrett asked if Skolnick is saying that what is described there is not true, that the difference in the surveys doesn't show that. Page 9