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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, January 26, 2015 <br />7:00 o’clock p.m. <br />____________________________________________________________________________________ <br />  <br />Page 5 of 14  <br />  <br />(5. #15-3707 AMEND SECTION 78-1405(a) (5) TO CLARIFY RETAINING WALL AND <br />LANDSCAPE STRUCTURE SETBACKS – ORDINANCE NO. (Tabled) continued) <br /> <br />McMillan asked if that would be an administrative approval. <br /> <br />Gaffron noted Staff has brought encroachment agreements to the Council in the past. <br /> <br />Curtis indicated it would depend on the encroachment and what was being encroached upon. <br /> <br />McMillan asked if there is a fee for the encroachment agreement. <br /> <br />Curtis stated the fee is $150 because City Attorney and Staff time is involved in drafting the <br />encroachment agreement. <br /> <br />City Attorney Mattick stated the more items that are included in the utility easements; the more likely it <br />could impact the easement, which is the reason for the review. Mattick stated if there is an encroachment <br />in the right-of-way, the property owner is notified that they may need to remove it at some point at their <br />own cost. <br /> <br />McMillan stated her issue is with the one or two-foot high retaining wall but that basically a retaining <br />wall is a retaining wall regardless of the height of it. McMillan noted there are some people that have <br />walls within the right-of-way. McMillan suggested this change be clarified in the newsletter. <br /> <br />Cornick stated he is a little troubled by the zero tolerance. Cornick asked if this could lead to neighbor <br />disputes and whether that is something the City should attempt to address. <br /> <br />Gaffron stated if there are specific changes the Council would like to see, he would recommend tabling <br />the amendment. <br /> <br />Cornick stated he would like to give it a little more thought. <br /> <br />McMillan stated she is in agreement with Council Member Cornick and that she would also like to <br />understand how it could potentially impact the different zones of a property. <br /> <br />Levang moved, Cornick seconded, to table Application No. 15-3707, Amend Section 78-1405 of the <br />Orono Zoning City Code by Clarifying Retaining Wall and Landscape Structure Setbacks. VOTE: <br />Ayes 3, Nays 0. <br /> <br />6. #15-3709 AMEND SECTION 78-1001(6) TO ADD NAVARRE AREA TO PUD MIXED <br />USE PROVISIONS – ORDINANCE NO. 132 <br /> <br />Gaffron stated in April of 1989, the City adopted an ordinance that included revisions to the B-1 <br />commercial district, created the B-6 highway commercial district, and established provisions for <br />development by the PUD process. PUD City Code Section 78-1001(6) authorized utilization of the PUD <br />Zoning District only in the Highway 12 corridor, which was set forth in the City’s Comprehensive Plan <br />Amendment #2 adopted in May of 1988.