05-28-2019 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETEING Monday, MAY 13, 2019 7:00 o'clock p.m. appears to have kind of been made a joke of. People are doing things with permits and without permits and that it has been fascinating to see the City's response or lack of response to it. Kelly Hueler noted the City Council's whole road has not been destroyed to the point where they can hardly use it. Hueler asked whether they are aware of the court's decision on the driveway since it is a public document. Hueler stated they were sued for some declaratory judgment on their easement, which is part of the title to their property. The judge declared every single claim that the Dunkleys tried to make was denied. Even though the Dunkleys are barred from any access to Walters Port through that driveway easement, they have been using that driveway for heavy construction vehicles even after they were told by the courts and City Staff. After the plat was filed, the amount of traffic has continued and the driveway has been used. What Mr. Crosby says he has observed is not true. Greg Hueler noted earlier today they were moving dirt down their driveway. Kelly Hueler stated all Saturday heavy equipment drove down their driveway and their big steel wheels are tearing up the driveway. The workers took dirt from Eric's address, went out onto Walters Port, and did land alteration around the entire marsh. Hueler asked whether they have a permit for land alteration around the marsh. Walsh noted he cannot solve what happened in the past but that they are addressing what is going on currently. Kelly Hueler noted that work has been done within the last three weeks. Greg Hueler suggested some type of permanent stone retaining wall from the corner of Eric's property to the marsh be constructed Kelly Hueler indicated she has videos from just the other day and the weekend before of construction vehicles going up to the Dunkleys' property on Pence. What has been represented here tonight is the same thing as Mr. Dunkley getting up here and saying the Huelers have no rights except to cross over his land, which has been denied by the court. Walsh noted in the last three weeks Staff has indicated they have received no calls from anybody. Curtis stated development grading has started up again with the excavation of Mr. Vogstrom's basement. The development grading is for the Pence Lane work. Different permits have been approved related to the plat, and if the work is related to the plat, that work is permitted. Kelly Hueler asked if the City can permit Mr. Vogstrom to use equipment down the shared driveway to Walters Port when the court has said there is no access. Mattick noted the City is not here to enforce the court order and that there are two issues at play. The first is the court order and the other issue that they are here on today is the actual permit the City issues. If the Vogstroms bring equipment down to the undeveloped lot, they are allowed to use Pence Lane. Kelly Hueler noted they are not allowed to use Pence Lane to bring equipment down to the Dunkleys' property.