06-25-2018 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 11, 2018 7:00 o'clock p.m. 14. LA18-14 LAKE WEST DEVELOPMENT OB/O BARBARA LUPIENT, ET AL, 3508 IVY PLACE, FINAL PLAT AND EVELOPMENT AGREEMENT APPROVAL RESOLUTION 6878 — Continued Walsh stated if there is a private property dispute, the property owners will need to resolve that. Schutt stated it is Staff's position that all those conditions referenced by Mr. Johnson in Resolution No. 6789 have been met, which is the reason why those conditions have been removed from the resolution to alleviate any confusion. Johnson stated the Whites are not asking for the City to get involved with the dispute on the encroachments and the driveway but that they relied on the resolution that the easement needs to be completed before the final plat is approved. Johnson stated removing that language does not help them in bringing any sort of legal action to enjoin the plat and that they relied on the resolution and the first Development Agreement that said these are conditions of the Preliminary Plat. Johnson stated they are looking for an easement and that they understand that is a private issue but the proposals for the easement are not acceptable. If there is a removal of the gas or sewer lines, that would be entirely at the expense of the Whites, which would be expensive, and that they are asking that the City follow its original resolution and Development Agreement. Walsh stated what he is hearing is that it is Staff's and legal counsel's opinion that it has been met and that the property owner can always dispute that in court. Walsh stated with that understanding, the City Council can approve the plat as presented. Crosby asked if the City Attorney is comfortable with that position. Schutt indicated she is. Crosby asked what the Whites are looking to gain. Dankey stated they do not want to move their utilities. Walsh stated the easement was something that was done in the 1960s and that there might not be full language in the easement but that there is an easement there. Walsh stated the Whites feel they cannot do this development without a new easement and the developer feels he can bring the utilities in a different way, which could leave the Whites without any utilities. Walsh stated in his view it is more of a trump card that is being used, but that is not the City Council's job to try to figure out what they are trying to get out of it. The City's job is to continue to move the application along unless some blaring legal issue is brought up. Crosby moved, Dankey seconded, to adopt RESOLUTION NO. 6878, a Resolution Approving the Plat of Ivy Place, File No. LA18-000014, and to approve and authorize the Mayor to execute the Development Agreement. VOTE: Ayes 4, Nays 0. Page 8 of 20