09-14-2015 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 14, 2015 7:00 o'clock p.m. 7. #15-3763 CHRISTOPHER AND GAIL BOLLIS, 200 AND 350 STUBBS BAY ROAD, PRELIMINARY PLAT — RESOLUTION NO. 6536 (continued) Gaffron indicated Staff can revise the resolution based on Council direction tonight and that it would be up to the Council on whether they would like to see the resolution again. Mattick stated if there is a motion to approve the resolution tonight, it should include direction to Staff to strike the language that was previously discussed and adding an enforcement mechanism regarding the septic site. Mattick noted this is a preliminary plat approval and that the Council will see it again at the time of final plat. It was the consensus of the City Council to proceed forward with the resolution. Bollis asked if they will be striking the language under 2D on Page 10. Gaffron noted that relates to an agreement with regard to road maintenance. Mattick stated there is no direction from the Council to strike that at this point and that it is his understanding the applicant is close to reaching an agreement. Christopher Huntley, Attorney -at -Law, stated he represents the applicant. Huntley stated he concurs with everything the City Attorney has said regarding the easement and that no additional rights need to be granted. Huntley stated the one thing that was raised in the letter that might be an issue is the authority of Mr. MacKinnon to grant any rights in this cost-sharing arrangement. Huntley indicated they have been negotiating for three or four months and are close to an agreement, but that it is all contingent on Mr. MacKinnon or his company having the authority to enter into an agreement. The letter implies that they need the permission of all the property owners to the south. Huntley stated that would essentially mean the homeowners to the south would be able to prevent any future development because they could just simply not agree to the cost-sharing agreement, which would basically end the discussion. Huntley stated by essentially creating a precondition to the approval of the plat, it creates a situation where the subdivision will not be approved. The Bollis' are fine with a cost-sharing arrangement to resolve the issue, and if it is not a precondition, the property owners are much more likely to negotiate. Mattick stated he concurs with many of the concerns Mr. Huntley has raised. At this point it has been represented to the City that Mr. MacKinnon can enter into that agreement. Mattick stated he understands there is something to the contrary that says he does not have the authority and that he cannot tell the Council the status of the agreement. Mattick noted this is preliminary plat and that the City will have time to review the agreement and get the input of the residents prior to final plat. If the residents do not want a cost-sharing agreement, that can be struck from the final plat documents. Mattick stated at this point he understands from Mr. Bollis and Mr. MacKinnon that he does have the authority to sign the agreement. If it turns out Mr. MacKinnon does not have the authority, the Council would then be faced with the decision of not requiring a maintenance agreement. Page 11 of 39