12-13-2004 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 13, 2004 7:00 o'clock p.m. (12. #04 -3067 LECY CONSTRUCTION ON BEHALF OF DENNIS AND AMANDA WALSH, • 1354 REST POINT LANE, Continued) Gaffron indicated the other agreement Staff is proposing grants Orono the right of temporary use of the area for the purposes of snow storage and the occasional public parking of vehicles. Gaffron noted the public parking of vehicles in this area was discussed at the last Council meeting, and indicated this is a case where a previous owner had actually removed some hardcover in this area but that the hardcover has re- appeared over the years. Gaffron stated this area does serve some benefit to the City and that Staff would like to memorialize the agreement on the title of the property. Gaffron noted this agreement shall terminate ten years from the date signed, and upon termination of the agreement, if a new agreement is not established between the owner and the City, the property owner agrees to remove the hardcover comprising the agreement area. Gaffron stated the agreement further states that should the owner fail to remove the hardcover comprising the agreement area, the owner herein gives permission to Orono to remove the hardcover comprising this area. Gaffron stated Item 6 of the agreement states that upon termination of this agreement, the Owner agrees to abide by City Codes Section 18 -1 and 82 -2 regarding the extent of the right -of -way on the subject property, to keep this area free from obstructions, and to allow Orono to store snow within that right -of- way as deemed necessary. Gaffron stated Orono's City Code defines the right -of -way as ten feet past the pavement regardless if it is in someone's property or not. Murphy noted the Public Works Department is saying this area is necessary for snow storage, and • inquired of Public Service Director Gappa whether the snow storage in this area is necessary. Gappa stated the easiest way to plow this street is to put the snow in that location but that if necessary the Public Works Department could possibly plow a different way. Gappa noted the city has been depositing snow in that area for a long period of time. Sansevere suggested the Public Works Department consider other options for snow deposit, noting that a number of conditions have been added to the snow storage for this area that he is not totally comfortable with. Sansevere noted the applicant would then be required to remove the hardcover in that area if it is no longer used for snow storage. Mr. Walsh indicated he is fine with removing the hardcover. Gappa stated they probably would go back to claiming the ten feet of right -of -way and depositing the snow in that area. Gaffron stated the Public Works Department recommends maintaining some portion of the existing gravel, particularly the area adjacent to the curb. Mr. Walsh indicated half of that area is above the 250' line, with the other half lying in the 75' -250'. Mrs. Walsh commented there is a wall in that raised area. Walsh indicated the snow gets pushed over the wall, which results in snow and gravel being pushed into a vegetable garden on the property. Walsh stated they have attempted to come up with a compromise that would eliminate the snow being pushed up • over the wall. PAGE 16