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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, November 14, 2016 <br />7:00 o'clock p.m. <br />14. #16-3868 CHARLES CUDD, INC., SHADYWOOD VILLAS 2525, 2535, AND 2545 <br />SHADYWOOD ROAD — FINAL PLAT (continued) <br />Staff does not support this request for an early start. However, if the Council supports the request, Staff <br />would suggest that at a minimum all fees are paid, the letter of credit be provided, and the grading and <br />erosion control plan be formally approved by the City Engineer prior to work commencing. <br />The City's standard development agreement has been included in the Council's packet. <br />McMillan asked what the rationale was for it being a public street. <br />Barnhart indicated it has been proposed to be a public street since the very beginning of the process and is <br />consistent with the City's ordinances. <br />McMillan asked if it is a public street based on the density. <br />Barnhart indicated it is. <br />McMillan noted the City tends to stay away from cul-de-sacs being a public street <br />Barnhart stated Staff raised that question early in the process but that the developer has proposed it as a <br />public street from the beginning. <br />Printup indicated he is okay with the floor area ratio. <br />Walsh stated he does not have a problem with No. 1 but that he does have a problem with No. 2. Walsh <br />stated it is the Council's job to protect community assets and that this will be a public street, which is one <br />of the City's assets. <br />Walsh stated in terms of the grading, he is not as concerned about that. Walsh stated if there is any <br />possibility that there are prior liens, he would want to make sure there is some type of title insurance in <br />place to protect the City since liens would impact what happens with the remainder of the project. <br />Barnhart noted the City does receive from the developer a title commitment which proves that the <br />developer owns the property and they have legal authority to plat it. <br />Walsh stated it is more in relation to future filings that have to be done prior to work commencing. Walsh <br />stated dealing with liens can be a very long process. Walsh noted the developer would also have to get <br />early start coverage from a title company. <br />Pochler stated they can work with the title company on that issue. <br />Walsh stated he is not real supportive on the question regarding the road since the City will have to <br />maintain it eventually. <br />Page 15 of 28 <br />