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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, February 10, 2020 <br />6:00 o’clock p.m. <br />_____________________________________________________________________________________ <br /> <br />Page 7 of 15 <br /> <br />Mattick, Walsh, and Crosby said the Council is looking at an individual wanting access to a landlocked <br />property, the Muellers asking the existing owner to give them an easement for a pipe that already exists <br />on his property, and the Muellers’ concern for the sewer line pipe breaking and not wanting to be held <br />liable for it. <br /> <br />Mattick and Walsh discussed that it was the City’s decision to put the Muellers’ pipe in that location 30 <br />years ago, although Walsh did not think the City put in the service lateral. <br /> <br />Mr. Mueller said all the homeowners had to hook up to the line when the City put the line in. <br /> <br />Johnson asked what prevents the Muellers' sewer line from connecting at the road. <br /> <br />Mr. Mueller said the City did not want to dig 22 feet into the ground to service a couple houses. It was <br />easier to put the trunk through the lot. <br /> <br />Walsh said they never put in an easement at the time, and the issue is the applicant wants to put a road in <br />a location and the neighbor does not want him to put it there. <br /> <br />Printup clarified that the Muellers want the pipe protected. <br /> <br />Ms. Mueller said the sewer is the main concern and that they want the pipe protected. She also referenced <br />Mr. Azad's comment about it being easier to maintain his property with the driveway in that location. She <br />said their lot is very small and putting the driveway in that location is an issue for them and she would <br />like to understand that he is going to maintain it, because he has not been and there was a lawsuit for 11 <br />years over six feet of property. <br /> <br />Walsh stated he thinks the sewer issue could be solved. If a road is put in and damages their plumbing <br />while they are doing it, it is self-evident of who caused that. If, five years down the road, it freezes eight <br />or ten feet down, it is their pipe to take care of, but they have an easement to figure it out. He did not <br />know how much better the City Council could do. <br /> <br />Mattick agreed with Walsh and said the applicant has a right to put in that road and a right to access the <br />land. As part of that, he has offered to give the Muellers an easement that they don't have right now. <br /> <br />Mr. Azad said if the Muellers draw up an easement which is only for access to the pipe, he would have no <br />problem signing it. <br /> <br />Walsh said the applicant can put the road where he wants. If the road meets the setbacks, that is where the <br />road gets to go. It would be contingent upon getting an easement with the neighbors that both parties <br />agree on and sign. That way the neighbor is covered and the applicant gets the road. He cannot worry <br />about what happens down the road as far as whether the applicant mows his lawn or not. <br /> <br />Printup stated the as-built says the line is at least ten feet down and he knows sewer issues in the City <br />have been crazy over time. <br /> <br />Walsh and Mr. Mueller agreed the trunk line is ten feet down. <br /> <br />Printup and Walsh discussed the service line and whether they could hire a plumber to figure out depth.