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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 9, 2009 7:00 o’clock p.m. Page 3 of 7 (7. #09-3423 HARVEST MOON NATURAL FOOD CO-OP ON BEHALF OF CLIFFORD OTTEN, 2380 WAYZATA BOULEVARD WEST, Continued) Gaffron noted that in conversations earlier today, Mr. Otten indicated he is comfortable with the City undertaking a study at the time they feel there is an issue with the parking or when Willow Drive is redone. Additional conversations were held this afternoon in which Mr. Otten has requested that the last sentence of the Site Access paragraph be eliminated. It currently reads “All costs associated with construction of the portions of any new access within the Property shall be paid for by the Developer.” Mr. Otten has indicated he does not agree to pay such costs if the access change is due to traffic unrelated to his use of his property. Mr. White stated that perhaps the best option is to have the consultant examine this situation at the time it becomes an issue. Bremer stated she has a concern about eliminating the responsibility on the part of Mr. Otten regarding the costs and that she would like it addressed in the agreement in some fashion. Mattick stated that issue was discussed at a staff meeting and that one option was to simply assess the costs to the property. It was Staff’s feeling that the agreement terms regarding the costs should be spelled out in the agreement, which is what has been done. At the time it was originally platted, it was thought that the access may one day become a public road, which is probably not going to be the case. Bremer asked whether there is a benefit to the City for removing that language. Mattick stated there is not an advantage to the City by removing the language. Staff felt the property owner should be liable for the costs as they relate to access into the property. If the City Council feels the costs should be shared, the agreement can be revised. White noted Mr. Otten is not opposed to paying the costs if the change is related to his property, but that he is opposed to paying for construction of the new access if it is required for reasons other than simply access to his property. Mattick stated since the City does not envision this becoming a road, all traffic utilizing that access point would be going into the Otten property. Franchot asked if the costs could be broken down by percent between the City and Ottens if a traffic study is required. Mattick stated it is likely that growth in the area will cause the access point to be changed at some point but that 100 percent of the traffic would be accessing the Otten property since the City does not intend to make the outlot a public road. Murphy stated in his view the City should be careful about having a preconceived solution for a problem that may never occur. Murphy stated given the uncertainties about what may occur with the traffic in the area, there is really not a need to decide at this time that the access should be changed. Mattick noted the traffic study would study how much traffic turns into the Otten property and is not necessarily related to other development in the area. Item #02 - CC Agenda - 11/23/09 Approval of Council Minutes 11/09/09 [Page 3 of 7]