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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 10, 2010 7:00 o ‘clock p.m. _____________________________________________________________________________________ Page 7 of 17 (9. FOREST ARMS COUNTRY CLUB HOMEOWNERS ASSOCIATION (FACCHA) 2010 JOINT USE DOCK LICENSE, Continued) issuing retroactive licenses on 2 to 3 year rotation due to workload commitments in other areas. The decision to require a current survey of the property and dock configuration for the 2009 license year was due to many of the files containing very old, incomplete, or inaccurate sketches, site plans, or surveys. In the 2009 license year, the licensees were notified of the new survey requirement. Seven of the eleven licensees complied by submitting updated surveys with their 2009 applications. The licenses have not yet been issued but the City has not prohibited any of them from using their docks. The 2010 license applications were mailed at the end of March. The LMCD and the City of Orono share concurrent jurisdiction in the matter of licensing joint use docks. The first Joint Use Dock License was issued to FACCHA in 1983. Since that time the configuration of the docks changed and the City has a number of different iterations of the dock layout plans/or surveys. In 1993, a new configuration was approved by the LMCD and a survey was conducted. The City did not receive a copy of the 1993 survey until the 2003 permitting season. This survey was used until the 2009 season when an updated version was requested. Currently the FACCHA is requesting a waiver from the updated survey requirement. Tom Barrett, Forest Arms Country Club Homeowners Association, stated the City’s recent survey dated 2003 is the survey that the homeowners association has on file and it has been approved by the LMCD without any corrections. The lots have not changed over the years that would require a new survey. The only change has been to construct a small canoe rack for the neighbors, which is the only improvement that has been made on that lot to date. No new hardcover or structure has been added. Barrett indicated he feels the City’s current survey is adequate and the association would question why a new survey is necessary if nothing has changed. In a letter dated May 5th from the City, Planner Curtis stated the decision to require a new survey dated 2007 or newer was based on the City having already received a 2007 survey from a licensee. Barrett indicated he is not sure how that relates to the homeowners association and questioned how 2007 is significant. Barrett stated he also has a question relating to the application process. The application process for the City of Orono and the LMCD are two different application processes. Barrett asked why those application processes cannot be combined for the joint docks. The LMCD is stricter than the City of Orono’s requirements and the homeowners association meets those requirements every year. Requiring a new survey could be a hardship on some members. Given the poor economy, some members are facing foreclosure and/or not working. If a new survey is required, the homeowners association would like to have a letter from the City stating whether a new survey is going to be required every year, every two years, or what the standard will be so adequate planning can be done by the homeowners association. White asked how long the surveys would be good for. Curtis stated Staff’s intent was to obtain updated surveys and bring each property up to a level of information that is more current. Staff will continue to conduct annual inspections of the property and will not require a new survey unless something changes on the property. Item #02 - CC Agenda - 05/24/2010 Approval of Council Minutes 05/10/10 [Page 7 of 17]