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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 /> (5. #15-3707 AMEND SECTION 78-1405(a)(5)TO CLARIFY RETAINING WALL AND <br /> LANDSCAPE STRUCTURE SETBACKS—ORDINANCE NO.(Tabled)continue� <br /> McMillan asked if that would be an administrative approval. <br /> Gaffron noted Staff has brought encroachment agreements to the Council in the past. <br /> Curtis indicated it would depend on the encroachment and what was being encroached upon. <br /> McMillan asked if there is a fee for the encroachment agreement. <br /> Curtis stated the fee is$150 because City Attorney and StafFtime is involved in drafting the <br /> encroachment agreement. <br /> City Attomey 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 /> 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 /> 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 /> Gaffron stated if there are specific changes the Council would like to see,he would recommend tabling <br /> the amendment. <br /> Cornick stated he would like to give it a little more thought. <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 /> 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 /> 6. #15-3709 AMEND SECTION 78-1001(6)TO ADD NAVARRE AREA TO PUD MIXED <br /> USE PROVISIONS—ORDINANCE NO. 132 <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. <br /> Page 5 of 14 <br />