03-28-2016 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 28, 2016 7:00 o'clock p.m. 6. #15-3774 MICHAEL STEADMAN ON BEHALF OF IRWIN JACOBS, 1700 SHORELINE DRIVE, EXTENSION OF HERITAGE LANE: AUTHORIZE CITY PURCHASE OF WETLAND CREDITS (continued) Mattick stated that is a very common platting principle. When someone plats a piece of property, they extend at least the road right-of-way but not necessarily the road so there will be continuous connectivity to other parcels should they choose to be subdivided at some point. Mattick stated as far as whether it is an assumption that it is going to be subdivided is unknown at this point but that it is good planning, which is what occurred here. Kokesh commented he also did not like the fact that the $500 earnest money is already in the City's check register before there is even a chance for the Council to discuss it. Mattick noted the applicant is required to submit that money as part of the application and would have been returned if it was denied. Dennis Libby, 1000 Heritage Lane, stated in the extension from the right-of-way, which he is not contesting, there is a substantial amount of distance from the perimeter of the actual platted property line into the actual cul-de-sac. Libby stated as a point of information and partially as a question, he would like to know whether an arrangement has been made privately or publicly with the Jacobs to incorporate part of the private access that will extend into the cul-de-sac. Libby noted that will need to be maintained by private services but that there needs to be an egress and the ability for the school bus and snow plow to turn around. Libby asked whether that has been addressed. Gaffron stated the extension past the property boundary and to the new cul-de-sac is being platted as dedicated roadway and will be a city road from the start. The plat has never contemplated that that extension would be private, and in the preliminary plat approvals, the cul-de-sac is public, which means that service vehicles would have every right to use it along with the residents. Libby stated he has a concern with the runoff since his property sits lower in elevation from the wetland delineation. Libby noted when he originally purchased his property, he experienced problems with water intrusion, and in order to remediate that, he came to the City and it was recommended he consult with an engineer. Libby indicated he spent thousands of dollars correcting that water intrusion, but that with the changes that are being proposed, such as the regrading and the addition of the road, whether he should assume, given the developer's commitment to remediate any changes, that any costs or inconveniences that would be associated with that right-of-way extension would be borne by the developer or whether it would be the City since they really are the owner of the right-of-way. Mattick stated it is a developer project and that the developer will assume the cost to put in the road. Mattick indicated he is not sure what Mr. Libby means by inconveniences but that the developer is responsible for constructing the road. Libby stated the water and runoff was removed from his property by virtue of swales and drainage that move it towards the pond. Libby stated if there are elevation changes to put a roadway in, there will have to be a substantial amount of fill put in there. Libby stated despite his appeal on several occasions before the City Council, he has never really gotten an answer from anyone. Instead, the developer has diverted the conversation away from these basic principal questions. Page 6 of 17