01-06-2014 Council Minutes Special Meeting

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MINUTES OF THE SPECIAL ORONO CITY COUNCIL MEETING Monday, January 6, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 18 of 27 (1. #13-3638 and #13-3639 SOURCE LAND CAPITAL, LLC (PAT HILLER) O/B/O GRANT WENKSTERN (LAKEVIEW GOLF), 405 NORTH ARM DRIVE – COMPREHENSIVE PLAN AMENDMENT AND SKETCH PLAN REVIEW, Continued) In anticipation of a request for an EAW, Hiller indicated they have gone ahead and answered the questions, which has been provided to City Staff and Council. Hiller stated the EAW asks about the nature of the soils, the environmental impacts, the native species, and the local impact of the plan. Those questions have been formally answered in the EAW packet. Because the Council has broad discretion to grant this request, Hiller stated it is their opinion that no new information will be gathered to conduct a formal EAW and will provide no additional information over what has already been provided. Hiller stated from an ecological standpoint, their proposal will create a better looking area and the water runoff will be cleaner. Peter Coyle, Attorney-at-Law with Larkin, Hoffman, stated the residents have a right to speak up regarding this property, but that he would caution the City Council to remember that they are only opinions and not legally compelling evidence that binds the Council in any certain way. Coyle stated they are in agreement with Staff’s report. Coyle noted both sides agree there is a land use conflict between the City’s Comprehensive Plan and their zoning ordinances, which needs to be resolved. In addition, both sides agree that if the property owner can demonstrate no reasonable economic use of his property, he is entitled to be provided with a reasonable economic viable use. Both sides also agree that if the property owner makes a demonstration that it is financially infeasible for him to continue to operate the golf course, that the City has a constitutional obligation to either provide the property owner with a remedy in terms of reasonable economic use, which this proposal does, or the City has a constitutional obligation to make the property owner whole by compensating him for the loss of his use. Coyle stated what the residents have asked the City Council to do this evening is to prevent this property owner from converting his property to a reasonable economic use and to keep it in its current condition, forcing the property owner, in essence, to operate at a loss for the benefit of the public. Coyle stated it is quite clear that the City cannot impose a public burden on a private landowner. If the City Council chooses to not act on the requested change and deny the request, Coyle stated that would be the easiest solution for the residents, but that he would point out that it would be the hardest decision the City will make for itself since the City will then need to find the money to address the compensation issue that is addressed by the constitution. Coyle noted the residents’ consultant confirmed that when the landowner makes that presentation, the City Council is obligated to approve that use unless the City Council wants to make him whole. Coyle stated there has been no evidence presented by anybody tonight that would indicate the City has a check waiting for the property owner to substitute what the city taxpayers will have to fund in the event of a denial. Coyle stated the City Council has to deal with the facts that exist in the record. While the City Council has heard from an environmental consultant who has offered his opinions, those opinions are not based on any firm evidence. Coyle indicated Mr. Wenkstern will provide the information as to the financial situation of the golf course. Coyle stated after four or six hours of public testimony and hundreds of pages of documents, the City Council has an adequate record to make a decision.