01-12-2015 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 12, 2015 7:00 o'clock p.m. (3. 2325 GLENDALE COVE — ENCROACHMENT ISSUE continued) McMillan stated she was wondering whether there is a final agreement with the Watershed District about what will be planted and the location of the buffer. Mr. Hoehn stated the black line is the wall. McMillan asked if he is being asked to remove the sod Mr. Hoehn stated to his understanding he is in that area and that he would like to compromise on the other side. Hoehn indicated he is willing to do buckthorn mitigation and other things to help offset that. McMillan stated from her point of view, whatever plan that is worked out with the Watershed District is fine, but that she had thought the Council would be seeing a final plan from the Watershed District tonight. McMillan indicated she would like to see that if the City goes ahead with an encroachment agreement. Mr. Hoehn asked if the easement area behind the house could be designated to take the place of any area that is impacted currently. Hoehn pointed out the easement on the overhead. McMillan stated to her understanding that is not part of their property and that it would be difficult to use that. Gaffron stated the sewer easement goes from west to east behind the property McMillan stated sometimes the Watershed District will agree to move the wetland buffer but that she cannot speak for them. McMillan suggested they speak with the Watershed District and come up with a formal plan. Walsh stated he would not be opposed to having the motion state subject to. Levang stated she would like to see the plan so everyone understands what is going to happen since the City does need to sign off on the encroachment agreement. Printup moved to direct Staff to draft an encroachment agreement allowing the entire retaining wall subject to compliance with the regulations the Minnehaha Creek Watershed District would require for establishment of the native vegetation. Mattick stated the encroachment agreement would come back to the City Council at approximately the same time that the plan with the MCWD is finalized. Walsh seconded the motion. Walsh stated he does not want to penalize the Hoehn's with after -the -fact permit fees due to the unknown origin of the permits. Walsh noted the Hoehn's thought they were dealing with the right people. Printup stated he would accept that amendment to the motion. (3. 2325 GLENDALE COVE — ENCROACHMENT ISSUE continued) Page 7 of 19