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) McMillan stated in her view there should be a provision to allow for emergency vehicle parking. Walsh stated Gaffron's agreement contains language regarding public parking, removal of the hardcover if the agreement is not renewed, and abiding by City Codes. Walsh stated he is unsure how the language relating to abiding by City Codes impacts him legally. White inquired what City Codes are being referred to. Gaffron stated the codes referred to deal with right -of -ways and definition of street or road. Gaffron stated the City's definition includes the ten feet off the pavement regardless if it is located in a right -of- way. Gaffron stated the property owner is not allowed to put anything within that 10 feet that would obstruct. Mr. Walsh inquired why an agreement is necessary if it is already in the city code. Barrett stated he tends to agree with the applicant. Barrett stated every resident in the City is bound by City Codes whether they agree to them or not. Peterson inquired whether both agreements have language saying the City would pave this area. • Mr. Walsh stated they do. Walsh stated he offered to do the ten -year agreement, with his compensation being that the area be paved and a retaining wall be erected. White stated the City was going to allow the hardcover to remain in return for the use of that space. Gaffron inquired whether by creating an agreement to allow the City to use the ten feet, should that agreement go away, has the City basically stated that an agreement is needed to have the 10 feet. Gaffron stated he does not want the City to give up any rights it may have by creating this agreement. Barrett stated he is not concerned about that. Barrett stated this is occurring in the context of a variance application, the purpose of which is to determine how much hardcover should be removed. Barrett stated he views this as a convenience to the City to agree to the ten years with no obligation to pay or to construct any walls. Walsh suggested utilizing Gappa's agreement. Walsh indicated the portions concerning the retaining wall, the paving, and the language requiring removal of the hardcover if a new agreement is not reached are not contained in that agreement. Walsh stated the agreement would give the City a ten -year right to store snow in that area. White moved, Murphy seconded, to approve the short agreement proposed by Gappa, with the elimination of Item No. 2 requiring Orono to pave the agreement area, and with the understanding the hardcover in the agreement area would be removed if the terms of the agreement are not being met or upon expiration of the agreement. • Gaffron stated the current resolution does not give the hardcover any permanent right and is not part of the variance application. Gaffron indicated number eight states that "The applicants shall enter into an PAGE 19