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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 26, 2007 7:00 o’clock p.m. ___________________________________________________________________________________ PAGE 9 of 32 (#07-3310 Ryan Companies US, Inc., 2765 Wayzata Boulevard West – Continued) McMillan stated the point raised by the City Engineer of not having to construct a storm water pond on the site is a great benefit to the developer and that there is some security in knowing that the improvements are completed prior to the last building being constructed. White commented he has a problem with requiring a contractor to complete some work that is not necessary or required at the present time, especially in light of the fact that there are agreements with a number of government agencies requiring this work is completed prior to certain permits being issued. Mattick stated Staff has scrutinized the development agreement a number of times and that the philosophy that has been followed is that once you approve the application and you approve it for 85 percent and the trigger is 72 percent, in Staff’s opinion the work should be completed in the near future. Mattick stated Staff understands the rationale for not wanting to complete the work, but that it is Staff’s feeling it should be completed up front, which is what Staff typically requires on other applications. All other issues have been discussed and resolved and this is the only issue that remains unresolved. Peter Johnson, Attorney-at-Law, appearing on behalf of Morrie’s, stated Morrie’s has had substantial discussions with Ryan on the issues that have been discussed tonight and that in his mind there is agreement on those items. Johnson stated they basically have agreements on three elements: One, access to Western Steel; two, how storm water would be diverted off their site; and three, the access road across the southern third of the property reaching Morrie’s property. Regardless of what happens with Wayzata Boulevard, Western Steel will have access to a public road one way or another so that in the future, when Morrie’s is going through their development discussions, they would not be required to provide access to Western Steel at that time. Johnson indicated he is unaware of what the status is on the cross easements with Western Steel and that they are no longer involved in discussions with Ryan on access. Johnson stated Ryan has agreed that storm water going over Morrie’s western property line would be terminated prior to full development of the site and was tied to the building they are presently renovating. Once that agreement was reached, it was Morrie’s feeling that it was then a subject between the City and Ryan. Item #02 - CC Agenda - 12/10/07 Approval of Council Minutes 11/26/07 [Page 9 of 32]