05-12-2014 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 12, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 5 of 16 (4. NEW JOINT USE DOCK LICENSE – PIRATES COVE [850-860 WINDJAMMER LANE], Continued) 3. Each boat stored at the shared dock must be registered to one of the four non-riparian lot owners. 4. Rental of slips is not allowed per City Code. Gaffron stated the City Council should review the proposed joint use with the applicants, determine whether a public hearing is necessary, and either set a date for a hearing or direct Staff to issue a 2014 Joint Use Dock License to the Pirates Cove Dock Owners subject to the conditions noted above. If the City Council does not feel a public hearing is necessary, Staff could bring back a draft resolution at the May 27 meeting. McMillan asked if the dock exceeds beyond 100 feet currently. Gaffron indicated he is not sure and that the LMCD typically determines that. Bremer asked if there is an extra slip on one of the options. Gaffron stated the survey from 2004 shows two docks with two slips and two additional slips for the riparian lots. McMillan noted the side slip would not be allowed given the configuration because a boat cannot access it. Gaffron stated the LMCD will look at the extended lot lines from the outside of the two riparian lots rather than the easements and that it will come down to what is functional. McMillan commented that may be a way to obtain a variance but that the water depth will also need to be considered. McMillan noted the major issue is the fact that the owners of Lots 6 and 7 would be limited to three dock slips. Levang asked if anyone from the City has talked to the property owners. Gaffron indicated they have not, which is one of the purposes of tonight’s meeting. Printup asked if this is private property. Gaffron indicated that is correct. Mayor McMillan opened the meeting up for public comment at 7:26 p.m. Scott Harris, Attorney-at-Law with Stinson, Leonard & Street; stated he represents the riparian property owners. Harris indicated there has been a dispute regarding the docks but that the parties reached a conditional agreement shortly before tonight’s meeting. The agreement will resolve all litigation between them and it is dependent and conditioned upon approval by the City Council and the LMCD of the second option.