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) Libby stated while the Mayor is a champion of private property owner rights, he is a private property owner that is going to be impacted by this development and that he would like to get some answers on this from the developer. McMillan asked if Mr. Libby is wondering whether he would seek damages from the city or from the developer if problems arise because of the road being put in. Libby stated he is not really asking for compensation. McMillan stated her understanding of what Mr. Libby is asking is who he would turn to if there are problems on his property as a result of the road being built. Mattick stated it will depend on what happens. If there is a fundamental flaw in the design, the City will review it with the developer and it will need to be revised. Mattick stated he is not sure where the developer is at with the road design but that he has yet to see a road design that does not look at the runoff. Mattick stated he cannot comment on the road design and whether there will be water runoff but that the developer or Staff could address that. Libby stated given his 30 years of experience in real estate, he has a clear understanding of road plans and that the ponding requirements and some of the other elements of the development are known to him. Libby stated what is not clear is the drainage, which could impact his capital investment and that he is not looking for compensation. McMillan stated she understands that Mr. Libby would like to know who he can contact if something wrong happens and that she appreciates Mr. Libby alerting the City to the issues with this property. McMillan stated she is hopeful the City Engineer and Staff will be confident that the road design will not impact Mr. Libby's property. McMillan noted Mr. Libby is on record about the past water issues and the repairs that were made previously. Libby stated in the past he has typically concentrated on the impacts to the neighborhood, but that this was an opportunity to encourage the Council to look at this from a private property owner's perspective. Levang moved, Cornick seconded, to authorize execution of the Wetland Credits Purchase Agreement, Transaction Form and Joint Application Form. Cornick asked if there is a process where the City could have an agreement with the developer that would protect Mr. Libby somehow. Mattick stated they are at the preliminary plat stage right now and that there will be a development agreement executed at some point. Mattick stated all road plans will be reviewed and approved by the City Engineer, which is one of the fundamental terms of the development agreement. Mattick noted one of the issues that is reviewed as part of that is the runoff. Page 7 of 17