03-21-2023 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING March 13, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 12 of 21 this wall are accurate based on the actual soil as it exists. And I've never heard one thing about that being provided. I don't know if there's been soil tests or not. I noticed that in the engineer’s letter, the engineer has a lot of outs that you can't hold him responsible if soils tests were not done. This has been a long and difficult challenge for all of us. It's gone on for a very long time, and we're still going at it. So my summary statement is as follows. If the City does decide to approve the walls to remain as they are, then I recommend that the City at least require a soils test per the engineer’s statements that he has in his letters to the City. And also, require that a wall completion report is submitted by the engineer, Mr. Schimnowski, and he has spelled out what that requires. They're actually in his letter. I am referring to the one from August 24. It's in his letter. So that's all I have to say. It's been a tough deal. Walsh said I can see that they wanted to get the bluffs down there taken care of but now they've created an entire new bluff landscape that was not part of the like in-kind. They have to figure out how to reengineer to get that grade back there, and figure that out to the best of their ability. Otherwise, what's stopping anybody from just sculpting out their bluff? Just digging all the dirt? I either deny it, or we table it and let the engineer go back to with the neighbors and get this figured out knowing the direction that we need to see. So then you guys could decide do you want an answer today? Or do you want to go back to the drawing board with the neighbors and try and get this figured out? Mr. Schimnowski asked so one of the bigger issues of contention with earth questions for you is the top grade of the yard, that you want that to be original? Seals said we understand burn down. So there's some challenges. But I think trying to get as close as you can back to what it was is probably ideal. Johnson asked if the homeowners intend to replace any of the other structures that burned. Curtis said they would like to reconstruct the deck and the shed that was beneath the deck. But as I mentioned earlier, it might not be possible to capture the footprint of the previously existing deck. Benson pointed out the situation was the result of a fire, not anything the homeowners wanted to do. So this bluff, regardless of what happens at this point, will never be returned to its original state. Is that correct? So we are where we are with it. And I think my thoughts are communication, communication, communication. And I think it's always a tricky thing when expectations are set in one direction, and then things happen in another. And this is something I was talking about earlier with Adam is that these variances come about or these after-the-fact issues come about from poor communication, lack of communication and expectations being set here and then delivering here. And regardless, we are where we are right now. I do want to acknowledge how incredibly difficult it's likely for the neighbors in this area. And that's important to say because I think whether it's the homeowners or the neighbors, nobody was wanting this to turn out the way it has. Where I'm coming from is that going forward communication has to be spot on. She said she was also very interested in monitoring the plan for vegetation. That's an area that I think I'd like to focus on going forward. But I agree that for now, maybe tabling is the right way to go.