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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, October 27, 2008 <br />7:00 o’clock p.m. <br />_____________________________________________________________________________________ <br /> <br />PAGE 6 of 10 <br />(5. JACOBS MILL HOMEOWNERS ASSOCIATION – HIGHWAY 12 DISCUSSION, <br />Continued) <br /> <br />Murphy stated to his knowledge it will stop once the construction is finished. Murphy stated the City will <br />schedule a meeting and notify the various property owners. <br /> <br />The City Council took no formal action on this item. <br /> <br /> <br />PLANNING COMMISSION COMMENTS – RALPH KEMPF, REPRESENTATIVE <br /> <br />Kempf stated he had nothing to report but would be available for questions. <br /> <br /> <br />PUBLIC COMMENTS <br /> <br />None <br /> <br /> <br />ZONING ADMINISTRATOR’S REPORT <br /> <br />6. #08-3367 TOM AND PATTY KUBALAK, 2623 CASCO POINT ROAD – VARIANCES – <br />RESOLUTION NO. 5782 <br /> <br />Patty Kubalak, applicant, was present. <br /> <br />Rahn moved, Murphy seconded, to adopt the resolution containing the revised language, <br />RESOLUTION NO. 5782, a Resolution Granting Variances to Municipal Zoning Code Sections 78- <br />350, 78-1403, and 78-1288, 2623 Casco Point Road. VOTE: Ayes 5, Nays 0. <br /> <br />7. #08-3382 BOB RITTER ON BEHALF OF BERKSHIRE PARTNERS, LLP, 2745 <br />KELLEY PARKWAY – FINAL DEVELOPMENT PLAN APPROVAL – RESOLUTION NO. <br />5783 <br /> <br />Bob Ritter, Applicant, was present. <br /> <br />McMillan suggested the language be changed on page four of the development agreement to say that the <br />trail will be installed when the building is constructed rather than the trail will be constructed at a <br />mutually agreeable time. McMillan expressed concerns that the trail would end up not being constructed <br />later on down the road. <br /> <br />Mattick stated the language could read “The trail shall be installed before the certificate of occupancy is <br />issued.” <br /> <br />White noted the City is paying for this trail and recommended that they obtain the input of Staff for the <br />best time in the budget process that the trail should be constructed. <br /> <br />Bremer asked why the language was written as it was. <br /> <br />Item #02 - CC Agenda - 11/10/08 <br />Approval of Council Minutes 10/27/08 [Page 6 of 10]