07-26-2004 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 26, 2004 7:00 o'clock p.m. (3. BIRCH LANE DRAINAGE IMPROVEMENT PROJECT, Continued) . Mayor Peterson asked how many neighborhood residents were in attendance this evening. Approximately 8 individuals raised their hands. Jeff Michelson, 1436 Baldur Park Road, asked whether the swale opening into the wetland across the street would cause him further back up in the culvert next to his home. Sansevere encouraged Michelson to speak to Gappa about the details regarding the Swale as the project proceeds. Gappa stated that, to his knowledge, although residents Roth, Ackermann, and Swenson were present at the Monday evening meeting, none of them were entirely interested in granting easements across their property. Charlotte Lipa, 3490 North Shore Drive, stated that she had spoken to those neighbors and that they had indicated to her that they did not oppose a permanent easement along the back edge of their lot lines to resolve this problem. She urged Gappa to make contact with them to get a definitive yes or no directly. Gappa agreed that they had indicated that this might be a hopeful solution. White questioned whether the City could proceed with condemnation of the unbuildable parcel, since it would be answering a public service for the whole neighborhood and is unbuildable now anyway. • Attorney Barrett agreed that condemnation of this parcel would be consistent with the Council's past position with regard to the good of the public interest. Mayor Peterson asked whether this option would be the preferred option by all. Gappa verified this to be the preferred option, especially since the wetland would provide a filtration system for the water before it entered the lake. Attorney Barrett explained that the City could proceed with a 90 day quick take, after performing an appraisal to determine the market value of the parcel. Murphy asked if the neighbors agreed this to be the preferred option. The neighbors agreed they preferred this solution; however, Michelson wanted some assurance his culvert would not be further impacted. While members of the Council did not favor condemnation, Sansevere stated that if all assurances could be made that this parcel is unbuildable, he would support condemnation. McMillan, White, and Mayor Peterson concurred. Gappa stated there would be no way the property could be buildable in the wetland and within 75' of the water. Moorse concurred. PAGE 2 of 10