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