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MINUTES OF THE <br /> ORONO CITY COUNCIL MEETEING <br /> Monday,MAY 13,2019 <br /> 7:00 o'clock p.m. <br /> Curtis indicated there is not. The grading that is shown appears to be flattening that area, and with the dirt <br /> that is being done, it might look like an opening down to that area,but the City has not approved anything <br /> that would be another access point. <br /> Walsh noted Staff is seeking guidance on how to best address the issue with the construction vehicles and <br /> that the Huelers say it should be apparent to Staff that the Dunkleys have not been complying with <br /> conditions. Walsh asked what solutions the City has. <br /> Mattick stated it does appear that contractors, due to habit or lack of knowledge, appeared to have <br /> continued to use Pence Lane once the final plat was filed, but that since that time Eric has sent out notices <br /> to all the contractors. <br /> Walsh stated you could argue that best practices are being used. <br /> Mattick stated it does appear that there are still issues on Pence Lane, and what is difficult about that is <br /> that Eric is bring some contractors down to look at his property via Pence Lane. The court order is not <br /> before the City Council and what the City has jurisdiction over is the permit. To the extent Eric has <br /> contractors on Lot 2,that is allowed under the city permit. When construction starts on Lot 2,those <br /> vehicles are also allowed to use Pence Lane. As far as damage goes,that is not a public road so the City <br /> would not be involved in that. Ultimately that will be between the Huelers and whoever does the damage. <br /> In terms of the overall grading work, additional controls granted allow that to occur. If the City feels like <br /> that needs to be restrained in terms of access,the City Council can look at that. The Huelers do have an <br /> easement and they have a reasonable right to use it. <br /> Mattick stated there is no easy solution but that an erosion fence may help to curb some of the <br /> construction traffic that is not supposed to be using that area. Mattick noted all construction traffic for the <br /> Dunkleys' project is not to use Pence Lane. <br /> Walsh asked whether the City Council has the ability to revoke the plat. <br /> Mattick indicated the City Council does but that the punishment needs to fit the crime. At this point there <br /> are simply some access issues. <br /> Walsh stated the City needs compliance with whatever solution is arrived at, and that they could put up a <br /> silt fence to help address the problem. Walsh stated while the fence may not stop people who are coming <br /> down the road,they would have to back up once they reach the fence, and the second time they won't <br /> come down. <br /> Crosby asked if they are still moving dirt in that area to take care of Eric's lot. <br /> Curtis indicated she is unaware of where they are at in moving the dirt. <br /> Crosby stated if there is a time frame set to accomplish that work and they put up a privacy fence or <br /> something of that nature,at that point, if it gets violated,the City goes to the next step. <br /> Walsh stated that is essentially just putting more time frames out there that may not be complied with and <br /> that in his opinion they should be able to find a place to put a fence that can be verified by the city <br /> Page 15 of 21 <br />