04-27-2020 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 13, 2020 6:03 o’clock p.m. _____________________________________________________________________________________ Page 17 of 25 Curtis stated she believed so and the Lot 10 owners no longer had concerns. Mr. Peterson said they did address the concerns from the Lot 10, Block 1 owners. They will plant some privacy trees for the owners and the owners would retract their original letter. He said he thought Printup was referring to the Lot 21, Block 3 owner. He does not know what his concerns are or how to answer them; he was always going to have a neighbor there, and having a house on the other side of the lot is not going to be in his view. Mr. Bryce Johnson commented that the value of adding Lot 9 as a conservation area should not be missed and is extremely important to people who use the park in the development and along North Arm Drive. In addition to working together between Citizens for Lakeview and Source Land, they connected the park with trails that lead from Lakeview Parkway to the park, and one of the trails goes through Lot 9. It aids the entire conservation aspect of getting through the park and also viewing it from the park and the people that use the park daily. When the plan was first presented, there were 4 driveways on North Arm, then it went down to 3, and going back to 4 is not unreasonable. He said Source Land has done a good job overall on the development in preserving what they were going to do and creating all of the conservation areas, which is why many people support the project as a total package. Johnson moved, Crosby seconded, to approve staff to draft a resolution for LA20-000012 – Source Land Development Inc., Lakeview Of Orono VOTE: Ayes 5 (Johnson, Crosby, Seals, Printup, Walsh) Nays 0. 17. SCOTT AND MELISSA MUSGJERD, 4156 HIGHWOOD ROAD, ENCROACHMENT AGREEMENT REQUEST Staff presented a summary of packet information. Johnson asked if Edwards had any opinions he would like to put on the record. Walsh said he walked the area, and it looks like the stone wall was built to get rid of City water that is impacting the owners’ yard. Edwards said the wall is pushing any drainage towards the west side of the easement, although he did not know if it flooded the lake yard. He saw three different places where there were encroachments into the right-of-way. The easiest one to deal with is Item C, where there are some pavers and mulch and other things that encroach slightly into the City’s property. Most of the time that would be defined as landscaping, and in other situations the City does not require an encroachment agreement. Landscaping in the right-of-way is done at the constructor’s risk, and the City would not require an encroachment for that. Item B, which is the wall farthest to the south, appears to be an inadvertent encroachment into the right- of-way, coming over a very slight amount. It runs parallel to the right-of-way which makes sense for retaining back soil and keeping anything from the right-of-way coming across into the property. Item A encroaches more than halfway across the existing right-of-way and pushes the water to the far side of the right-of-way. His recommendation was to not allow that encroachment because it does set a precedent and the City knows there are similar issues and other City rights-of-way that lead to the lake. If Item B were to remain, it is a structure in nature and there should be a proper encroachment agreement between the City and abutting homeowner. He noted another consideration is that the right-of-way is used by some Orono residents as a winter lake access.