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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, December 13,2004 <br />7:00 o’clock p.m. <br />(12. UQ4-3067 LECY CONSTRUCTION ON BEHALF OF DENNIS AND AMANDA WALSH, <br />1354 REST POINT LANE, Continued) <br />McMillan stated in her view there should be a pro\ision to allow for emergency vehicle parking. <br />Walsh stated Gaffron’s agreement contains language regarding public parking, removal of the hardcover <br />if the agreement is not renewed, and abiding by City Codes. Walsh stated he is unsure how the language <br />relating to abiding by City Codes impacts him legally. <br />White inquired what City Codes are being referred to. <br />Gaffron stated the codes referred to deal with nght-of-ways and definition of street or road. Gaffron <br />stated the City’s definition includes the ten feet off the pavement regardless if it is located in a right-of- <br />way. Gaffron stated the property owner is not allowed to put anything within that 10 feet that would <br />obstruct. <br />Ml . iValsh inquired why an agreement is necessary if it is already in the city code. <br />Barrett stated he tends to agree with the applicant. Barrett stated every resident in the City is bound by <br />City Codes whether they agree to them or not. <br />Peterson inquired whether both agreements have language saying the City would pave this area <br />Mr. Walsh stated they do Walsh .stated he offered to do the ten-year agreement, with his compensation <br />being that the area be paved and a retaining wall be erected. <br />White stated the City was going to allow the hardcover to remain in return for the use of that space. <br />Gaffron inquired whether by ereating an .igreement to allow the City to use the ten feet, should that <br />agreement go away, has the City basically stated that an agreement is needed to have the 10 feet. GafTron <br />stated he docs not want the City to give up any rights it may have by creating this agreement. <br />Barrett stated he is not concerned about that. Barrett stated this is occurring in the context of a variance <br />application, the purpose of which is to determine how much hardcover should be removed. Barrett stated <br />he views this as a convenience to the City to agree to the ten years with no obligation to pay or to <br />construct anv w alls. <br />Walsh suggested utilizing Gappa's agreement. Walsh indicated the portions concerning the retaining <br />wall, the paving, and the language requiring removal of the hardcover if a new agreement is not reached <br />are not contained in that agreement. Walsh stated the agreement would give the City a ten-year right to <br />store snow in that area. <br />White moved, .Murphy seconded, to approve the short agreement proposed by Gappa, w ith the <br />elimination of Item No. 2 requiring Orono to pave the agreement area, and with the understanding <br />the hardcover in the agreement area would be removed if the terms of the agreement are not being <br />met or upon expiration of the agreement. <br />Gaffron stated the current resolution docs not give the hardcover any permanent right and is not part of <br />the variance application. GafTron indicated num'oer eight states that “1 he applicants shall enter into an <br />PAGE 19