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MINUTES OF THE <br /> � ORONO CITY COUNCII,MEETING <br /> Monday,December 13,2004 <br /> _ 7:00 o'clock p.m. <br /> (12. #04-3067 LECY CONSTR UCTION ON BEHALF OF DENNIS AND AMANDA WALSH, <br /> 1354 REST POINT LANE, Contintretl) <br /> McMillan stated in her view there should be a provision to allow for emergency vehicle parking. <br /> Walsh stated Gaffron's agreement contains language regarding public parking,removal of the hardcover <br /> if the agreement is not renewed, and lbiding by City Codes. Walsh stated he is unsure how the language <br /> relating to abiding by City Cocles impacts him legally. <br /> White inquired what City Codes are being referred to. <br /> � Gaffron stated the codes refecred to deal with right-of.-ways and definition of street or road. Gaffron <br /> stated the City's definition includes the ten feet off the pavement regardless if it is located in a right-of- <br /> way. Gaffron stated the property owner is not allowed to put anything within that 10 feet that would <br /> obstruct. <br /> Mr. Walsh inquired why an agreement is necessaty if it is already in the city code. <br /> Barrett stated he tends to agree with the applicant. Barrett stated every resident in the City is bound by <br /> City Codes whether they agree to them or not. <br /> Peterson inquired whether both agreements have language saying the City would pave this area. <br /> Mr. Walsh stated they do. Walsh stated he offered to do the ten-year agreement, with his compensation <br /> being that the area be paved and a retaining wall be erected. <br /> Wllite stated the City was going to allow the hardcover to remain in return for the use of that space. <br /> Gaffi•on inquired whether by creating an agreement to allow the City to use the ten feet, should that <br /> agreement go away, has the City basically stated that an agreemeilt is needed to have the 10 feet. Gaffi•on <br /> stated he does not want the City to give up any rights it may have by creating this agreement. <br /> Barrett stated he is not concerned about tliat. Bairett stated this is occun•ing in the context of a variance <br /> application,the purpose of whicli is to determine how much hardcover should be removed. Barrett stated <br /> he views this as a convenience to the City to agree to the ten years with no obligation to pay or to <br /> construct any walls. <br /> Walsh suggested utilizing Gappa's agreement. Walsh indicated fhe poi�tions concerning the retaining <br /> wall,the paving,and the language requiring removal of the hardcover if a new agreement is not reached <br /> are not contained in that agreemeut. Walsh stated the agreetnent would give ihe City a ten-year right to <br /> store snow in that are1. <br /> White moved,Murphy seconded,to approve the short agreement proposed by GaP�a,with the <br /> elimination of Item No. 2 requiring Orono to pave the agreement area,and with the understanding <br /> the hardcover in the agreement area would be removed if the terms of the agreement are not being <br /> met or upon expiration of the agreement. <br /> Gaffron stated the curreut resolution does not give the hardcover 1�1y permanent right and is not part of <br /> the variance appfication. Gaffron indicated numbet•eight states that"The applicants shal( enter into an <br /> PAGE 19 <br />