11-26-2007 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 13, 2007 7:00 o’clock p.m. ___________________________________________________________________________________ (8. #07-3336 MARC ASHTON WITH JOHN TERRANCE HOMES, LLC, ON BEHALF OF MITCH COOK OF CENTRAL BANK AND LARRY PALM OF LGL REAL ESTATE INVESTMENTS, STONEBAY OUTLOT A - Continued) Murphy expressed a concern with the Council signing off on a resolution that lists John Terrance Homes as the owner if Central Bank will be purchasing the property. Mattick stated the property owner has to sign off on the plat, which at the present time is John Terrance Homes, and that if the plan meets the City’s criteria, that is the standard the City looks at. Murphy stated he would like it clear who the City will be dealing with in the future on this property and that he has a concern there will be issues on this project if things are not clearly specified in the documents. Mattick commented he understands the reservations of Council Member Murphy given the issues with the Stone Bay development but that the City would be receiving the required letters of credit prior to approval. Murphy stated he would like it to be very clear who the City can hold accountable if there are issues that develop on this project. Cook stated the reason they have not closed on the property is that the purchase agreement is contingent on Central Bank receiving final approval from the City. Cook indicated they are hoping to close on the property the first week of December, which is subject to a couple of items being completed prior to that time. McMillan stated typically the City has reviewed samples of building materials on other projects prior to approval. Curtis noted the Council has reviewed the proposed building materials for this project at a previous council meeting. Murphy moved, Bremer seconded, to direct Staff to prepare a resolution entering into a limited use permit for a trail within the right-of-way of TH 12 for adoption when the permit document has been received from MnDOT. McMillan inquired who would be responsible for maintaining the trail. Murphy noted it would not be a county or state trail and questioned whether it would be a city trail. Gaffron stated to his recollection the developer is responsible for maintaining the sidewalks throughout the development and possibly the trails. McMillan stated in her mind the issue of maintenance is important and should be answered prior to final approval. Palm commented he is unsure why the fees on the lot he is purchasing would need to be paid prior to approval, noting that there is no intention to develop the western lot until they have a certain percentage of tenants signed up. PAGE 10 of 14 Item #02 - CC Agenda - 11/26/07 Approval of Council Minutes [Page 10 of 14]