06-13-2016 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 23, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 19 of 23 12. #15-3786 MOONEY LAKE PRESERVE – LOTS 1 AND 2, BLOCK 1 (PRAIRIE VIEW LANE), PROPOSAL TO DELAY ROAD CONSTRUCTION: CONCEPTUAL REVIEW (continued) The most expensive thing is building the pond, which would get done. Stickney indicated he has discussed this with the City Attorney and the family’s attorney and they have everything covered. Steve Hornig, 2830 Breezy Heights Road, Woodland, Minnesota, stated the property owner of these two lots lives in the house to the east. Mr. MacMillan was concerned about his privacy and has no intention to do anything with the two lots that he has just purchased. When the lots were acquired, Mr. MacMillan was mainly focused on his privacy but then later on started looking at the building of the cul-de-sac, the amount of grading that would be necessary, and the retaining wall. Since those items would alter the natural lay of the land, Mr. MacMillan suggested those items not be built. Discussions were then had with the developer and Mr. Stickney has indicated he is comfortable with it. The financial consequences of this will rest on either Mr. MacMillan or the future owner of Lot 2. Hornig indicated the real estate attorneys who put together the covenants have worked with Mr. MacMillan’s attorney as well as the City Attorney to make sure there are no loopholes to leave the burden on the City. Walsh asked if the City Attorney is comfortable with that. Mattick stated he normally does not like putting off obligations to the future, but given the length of time the lots may be held, the value of the lots, and the fact that they would not get a building permit until the road is built, he is comfortable with it. Walsh stated having the pond constructed probably mitigates the rest of the issues. McMillan stated in her view it is a win/win since it leaves the land undeveloped and creates less hardcover. McMillan noted if a road is constructed, people can drive on it, which can raise security issues. McMillan stated she also likes the idea of constructing the stormwater pond up front. Stickney stated the MN Land Trust is very excited about not having the cul-de-sac and the road built. Levang asked why it needed to be a cul-de-sac when it would only serve two homes. Gaffron stated the lots become back lots and a driveway can only serve one back lot, which resulted in the need for it to become a road. The length of the road suggested it needed to be a cul-de-sac, but in recent discussions with the fire chief, he has indicated he is open to using T’s instead of cul-de-sacs. Levang stated she would like to see the need for a cul-de-sac go away but that decision does not need to be made now. McMillan asked if the covenants should be changed to reflect no cul-de-sac. Gaffron indicated Staff has not vetted that at all and it would require further review.