09-11-2023 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING August 28, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 5 of 15 Benson asked if this was planned as part of the building, why was this coming to the Council now. Edwards said it is not part of the bonding but would be paid for by the water enterprise fund. Benson asked if the impact on vendors drawing water when they are near a hydrant but now would have to come up to public works with perhaps more trips necessary had been looked at. Edwards said in most cases it would not have a significant impact, but it would affect vendors coming from the Navarre area. The typical use is by landscapers, and they may come daily but they draw a large amount of water at a time. The amount of traffic would only be about five vehicles on a busy day. He said it would also control hours of operations. Johnson moved, Crosby seconded, to approve the Bulk Water Filling Station. VOTE: Ayes 5, Nays 0. COMMUNITY DEVELOPMENT REPORT 15. RICK SCHIDEMAN, 4075 HIGHWOOD ROAD, ENCROACHMENT AGREEMENT Community Development Director Laura Oakden said the request involved an existing boathouse. At the March 13, 2023, meeting the property owner requested an encroachment agreement for a boathouse that crosses over the property line. A portion of the existing structure is located in an unimproved right-of- way. The owner hopes to obtain building permits for maintenance of the building like new siding and roofing, but because the building is not located fully within his property, the City cannot issue building permits for maintenance. At the March 13 Council meeting, Councilmember Johnson asked for clarity regarding the landscaping and accessibility of the site, she said. City staff met with the applicant in May to review the landscaping and improvements on the site. It appears that new arborvitae have been planted within the right-of-way. Public Works confirmed that they still have reasonable access to the City infrastructure around the landscaping. This lake access has not been identified for public access for recreation. Park Department Staff was also present at the meeting and noted that there is an existing lake access further along Highwood Road. The abutting neighbor on the other side of the lake access was granted permission to install a driveway in this right of way. Granting the encroachment agreement will allow the proper permits to be issued for maintenance of the existing structure. The City Engineer has reviewed the request and noted the current right-of-way is being used for utilities and has storm sewer and sanitary sewer infrastructure throughout. The current building does not appear to be in conflict with the existing utility infrastructure. Oakden said she had identified a list of conditions for the property owner and with those conditions, the staff recommends approval. The applicant, Rick Schideman, said the only landscaping that had been done was to replace existing landscaping that was there when they moved in. Johnson said this is a two-parter with one side being an encroachment agreement. He said he is supportive of making improvements as the applicants didn’t put the building there, but it is an improvement on City- owned property. He said he had received complaints that the property owners on both sides had added landscaping on City-owned property. He suggested the City put corner markers on their easements so abutting property owners understand the location of City easements that people are using as access. There have been other instances where the City had to make people remove improvements on City property, he said. He said he supports working with this applicant to get their maintenance plans approved, but also