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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 10, 2010 7:00 o ‘clock p.m. _____________________________________________________________________________________ Page 10 of 17 (9. FOREST ARMS COUNTRY CLUB HOMEOWNERS ASSOCIATION (FACCHA) 2010 JOINT USE DOCK LICENSE, Continued) Curtis stated she is unsure when that was added. McMillan indicated she would be willing to table this until the homeowners association has a chance to explore the costs of the updated survey. Barrett stated they would like to comply with the City’s regulations but that he does not see why a canoe rack and a fire pit should be included on a survey since they are temporary. Bremer stated a survey even shows a pile of rocks, which could be temporary. Anything impervious should be noted on a survey. Barrett commented that in his view the residents are becoming over-regulated. Bremer moved, Murphy seconded, to approve the application for a dock use license for the Forest Arms Country Club Homeowners Association for 2010 based on the current survey, with the requirement that a new updated survey be obtained prior to the submittal of the dock use license application for 2011. Barrett asked how the application should be handled. Curtis stated the application should be updated to reflect that there is a dry storage rack on the property, which relates to Item No. 14. Tom Theisen, 4175 Forest Lake Drive, stated he has lived there for approximately 30 years and that the association has spent approximately $150,000 on the lot, which includes buying the property back from Orono. Theisen stated the current survey was updated in 2002 and was the third revision to the survey. If Staff would take a look at the document they would see that due to LMCD requirements, each time there was a minor revision to the dock, the survey was updated. White asked what the charge was to update the survey. Theisen indicated it was $800. The LMCD allowed them to reconfigure their dock to accommodate the low water level and then again when the water level was higher. There is erosion currently going on in one portion of the lot and then on the other side of the lot there is a city drain that has created a delta in the area. The purchase agreement between the City and the homeowners association requires that Orono clean out the drain on a regular basis, which has not been done. Under that agreement, the homeowners association cannot dredge boat slips out because they may become shallow in low water situations. Currently one side of the dock is filling in from runoff from the entire community. Over the last 30 years, the property has developed a delta from the watershed. The only thing that has changed on the survey is what Orono has not taken care of, which is the delta and maintaining that drain. The survey is current through 2002. Theisen pointed out that over 50 percent of the association members are either retired or single parents and that he feels it is an unnecessary burden to have to put up more money in addition to the $150,000 that they paid for the lot. Last year they planted some new trees and they were told that any tree over six inches in diameter would have to be included on the survey. Item #02 - CC Agenda - 05/24/2010 Approval of Council Minutes 05/10/10 [Page 10 of 17]