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 6 of 16 (4. NEW JOINT USE DOCK LICENSE – PIRATES COVE [850-860 WINDJAMMER LANE], Continued) Harris indicated the parties have been in very detailed settlement discussions about the exact configuration and the parties recognize that the continuation of the easement would be a permitted nonconforming use. Harris noted the parties will adhere to the existing easement but will restate some of its terms to eliminate any issues of further dispute. The parties intend to proceed with the easement but simply detail those disputed items, which will not affect the configuration or location. Harris stated the parties are in support of an approval by the City Council. Gaffron asked if there are any conditions that are being proposed to be placed on the Joint Use Dock License by Staff that would conflict with the parties’ agreement. Gaffron asked if there is an issue with the limitation of the three docks serving the two riparian property owners. Harris stated the riparian owners recognize they will have a total of three docks available. McMillan asked if that settlement information could be passed on to Staff in the next couple of weeks. Harris indicated they will provide that and that it will be the same easement except for more specificity on some items to eliminate any risk of future disagreement. Gaffron stated he is not sure what type of stair system is necessary or what exists and asked if there are any plans for a walking system down to the lake. Harris stated there is and that steps will be taken to enhance and safeguard the drainage and erosion issues as well as protection against contamination of the lake by reason of the drainage. Harris indicated they have been dealing with Staff and part of the settlement is that the City separately approves some plans that have been submitted for drainage and configuration. Harris indicated there have been some issues regarding erosion that has been caused by the existing walkway, which would be eradicated under this plan. McMillan asked if a conditional use permit would be required for grading in the 0-75 foot zone. Curtis indicated it would depend on the extent of the disturbance and that Staff has not seen a formal plan at this point. Gaffron stated if it is a single stairway that meets the City’s standards; it may not need to come before the City Council. Harris noted there is a long-time existing drainage system there and the new plan would eliminate some erosion issues. Harris stated the plan will be submitted jointly by the parties. McMillan stated the City Council should determine whether a public hearing is necessary. Gaffron stated the public hearing could be held in two weeks and that Staff would notify the affected property owners. Gaffron noted the notice would not be published. Gaffron stated if the Council deems a public hearing is not necessary, Staff would simply bring back a resolution at the May 27 meeting.