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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 24, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 14 of 19 (10. #11-3526 3515 CAPITAL PARTNERS, LLC, 1545 MAPLE PLACE, Continued) Rahn stated as long as there is an escrow required, he would not be opposed to the work being performed by the City. Bremer asked whether the applicant is fine with an escrow. Sattler indicated he is. McMillan asked whether there needs to be any language in the resolution regarding the buildings located on the property line. Curtis indicated she could add language to that effect if it is not already included in the resolution. Curtis indicated Staff's concern relates to the buildings that cross the property line and that those should be removed. Curtis asked whether those buildings could be removed prior to final plat approval. Sattler indicated they cannot remove them since they do not yet own the property. Mattick stated the City has done similar agreements like this in the past and that there are provisions that can be included in the resolution stating the applicant is required to escrow a certain amount of money and to remove the buildings within a year of final plat agreement or the City has the right to come in and remove them. Once the buildings are torn down, the escrow would be refunded. Bremer commented in her view that is a good resolution. Bremer moved, Rahn seconded, to adopt RESOLUTION NO. 6089, a Resolution Approving a Preliminary Plat for the Following Properties/PIDS: 08-117-23-33-0030; 08-117-23-33-0031; 08- 117-23-33-0032; 08-117-23-33-0033; 08-117-23-33-0034; and 08-117-23-33-0035, subject to, one, the applicant providing an escrow for the engineering fees and/or the storm water fees in the amount of $6,100, to be paid up front as required under the agreement to be drafted by the City’s Counsel; and, two, subject to an agreement that the structures that straddle the property line will be removed within a specified period of time as identified in the agreement, and if not removed, the City has the power to remove those buildings with the costs incurred by the City being levied against the applicant and the escrow retained by the city. VOTE: Ayes 4, Nays 0. *11. RECOGNITION OF PLANNING COMMISSIONER HUE ALEXANDER - RESOLUTION NO. 6090 Bremer moved, Rahn seconded, to adopt RESOLUTION NO. 6090, a Resolution of Appreciation to Hue Alexander for Dedicated Service to the City of Orono. VOTE: Ayes 4, Nays 0. 12. HARDCOVER REGULATIONS PROJECT UPDATE - SET JOINT PC/COUNCIL WORK SESSION DATE Curtis stated possible dates being contemplated are November 2nd or November 7th for the joint Planning Commission/City Council work session. Item #03 - CC Agenda - 11/14/2011 Approval of Council Minutes 10/24/2011 [Page 14 of 19]