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 7 of 16 (4. NEW JOINT USE DOCK LICENSE – PIRATES COVE [850-860 WINDJAMMER LANE], Continued) McMillan asked what kind of notification would be done. Gaffron stated if a public hearing is held, since it is not specifically required, he would recommend that notice be given to any property owners 150 feet out from the two riparian properties, which would likely result in two additional property owners being notified. A person in the audience noted the LMCD would also be holding a public hearing. Printup asked if the public hearing would delay anything since this matter would still need to come back before the City Council in two weeks. Gaffron indicated the issue is what type of notice should be given. Staff would likely send out the notices at the end of the week, which would allow for a 10-day notice. Gaffron noted the six property owners are in attendance tonight. John Biglow, Attorney-at-Law, stated he represents the Broghammers, who are easement owners and that the other easement owners are also present as well as their counsel. Biglow stated the issue of a public hearing is a little more unique in this situation in that all the parties that are directly affected by the easement are either present or represented by counsel. Biglow indicated the negotiated settlement between the parties is that the necessity of a public hearing is up to the discretion of the Council and noted that there will be additional steps that they will have to go through with the LMCD. McMillan noted joint dock uses are fairly unique in Orono and a new one has not been added in quite some time. McMillan stated the City Council needs to take the entire neighborhood into consideration before making a decision. McMillan stated oftentimes the Council will hold the public hearing and then also vote on the resolution. Bremer asked if there is sufficient time to issue public notice. Gaffron stated a 10-day notice is required and that notice will be mailed to the affected property owners by the end of the week. Gaffron stated the notice will not be published but simply mailed. Levang indicated she would prefer to hold a public hearing and then vote on the resolution. Bremer stated if one of the affected homeowners is watching the meeting tonight, that also provides notice, and that she is fine with holding the public hearing at the next City Council meeting. Bremer moved, Printup seconded, to direct Staff to draft a resolution approving Dock Layout Option B, consistent with the conditions outlined in Staff’s report, with the understanding that the owners of Lots 6 and 7 will be limited to three dock slips, and to direct Staff to provide notice of a public hearing to the affected property owners. VOTE: Ayes 4, Nays 0.