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y MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,August 24,2009 7:00 o'clock p.m. ' (6. 09-3427AL SERAN, 4099 HIGHWOOD ROAD, Continued) Mrs. Seran noted the certificate of occupancy states that they must grant a 50-foot easement before it will be issued. Mr. Seran stated he discussed that issue with Planner Turner and that he is not in favor of granting a 50- foot easement. Seran stated that was not discussed at the time of the original approval and that he is not in favor of the easement. Mrs: Seran stated because the road is not graded properly,the runoff goes onto their property. Mr. Seran stated the road has been a problem since constructed and that the improvements the neighbors have made over the years have helped some but that there are still drainage problems in the area. Seran stated the swale is functional and that he does not lrnow whether drain tile would help the situation. Curtis stated the easement would help protect against the current situation and that the easement would allow the City to rectify the situation. Seran stated in his opinion the swale is a better solution than drain tile. Seran indicated he will maintain the swale and that he and the neighbors have done quite a bit to help with the water runoff. Murphy stated the intent of tonight's meeting is to determine whether this application should move forward to the next city council meeting provided there were not going to be any changes. Murphy stated given the fact that there appears to be some major issues with the runoff and drainage in the area, it may take longer than what the applicant would like. Gaffron noted this is a neighborhood that should probably have curb and gutter installed and possibly a storm water pond,which is not a simple solution. Gaffron stated if the City is able to get a 5-foot easement and a 5-foot easement from the other neighbor, it is possible to rectify the solution,but without an easement,the City would not be able to complete the necessary work. Kellogg stated the recommendation for the easement would have come from his office as part of their standard operating procedure. Kellogg stated the resolution should have contained the language and that it apparently was not noticed by the applicant at the time the application was approved. Bremer recommended this item be heard again on September 14. Bremer noted there are problem properties where the City does not have an easement and that she would like the City Engineer to review this application again and provide his recommendations to the applicant. Murphy stated he does not want an issue to come up on September 13`�'which would prevent this application from being heard on the 14�'. Kellogg stated the final grades should be done in conformance with the approved grading plan and that the applicant has the ability to ensure that all of the grading is in conformance with the plan. The only additional authority that the easement would provide is if the present property owner or a future property owner would like to change something with the drainage. PAGE 7 of 10