04-13-2020 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 13, 2020 6:03 o'clock p.m. Crosby agreed but noted the wall is still within their property lines. Johnson stated that it is City -owned property. Printup said that area is a proposed line from another application. Curtis stated the pink area on the map is the fire lane. Johnson said that was also the property line. Johnson agreed with Seals. He said it gets complicated because although it may be helping the situation, it does not give them permission to improve City property. The City will run into other situations where people have improved City property and there will be no benefit to the City, and the Council will make them take it out. Just because they might be solving a problem does not give them permission to improve City property. They should remove their property from the City property, the City assess the property, and then do what is right to make sure City property is not negatively affecting their property. Printup asked if that would be in line with Staff recommendations. Walsh indicated Item C is a non -issue, Item B needs an encroachment agreement if the City decides to keep the little bit there, and Staff thinks Item A should be taken out. He thinks the Council's recommendation should be to fix the swale to keep the water down the City's lane of property. Johnson and Seals said there should be no encroachment agreement and B should be removed as well. Council members discussed that Item C were just walking pavers on the ground which are not structural and don't need to be dealt with. Printup and Seals brought up a fire lane that basically disappeared and was landscaped and became beautiful, but it started out as a little thing and turned into that. Council members discussed what the motion should be regarding Items A, B, and C given the amount of slope and property lines. Mr. Griffith said since the Staff recommendation was to allow B and C, that may be the sensible solution, and the property owner could work with the City Engineer to resolve the encroachment in Item A. Johnson moved that the City does not grant any encroachment agreement on the property and the City Engineer will assess what needs to be done from a City standpoint to correct any grade issues on the City property. Walsh clarified that Johnson meant to solve the water problems that are going onto their property. Johnson amended the motion to add that there would be no encroachment agreement, the owners do not have a right to have anything on City property. Walsh clarified Johnson's motion is that the City Council is removing A; B, C will remain, and the City will commit to working with the homeowner to resolve the water issue so it is not going into their property. Page 20 of 25