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MINUTES OF THE <br /> ORONO CITY COUNClL MEETING <br /> Monday,January 12,2015 <br /> 7:00 o'clock p.m. <br /> Printup moved,Walsh seconded,to direct Staff to draft an encroachment agreement allowing the <br /> entire retaining wall subject to compliance with the regulations that the Minnehaba Creek <br /> Watershed District would reqaire for establishment of the native vegetation,with waiver of the <br /> after-the-fact permit fees. <br /> Printup stated what he hears loud and clear from this application is that it is very familiar to another <br /> application that had a fire pit encroachment. Printup stated his concern is that the municipality is not <br /> coordinating well with the Watershed District. Printup stated he would prefer to error on the side of <br /> people who are being proactive and attempting to do the right thing only to be stopped in their tracks by <br /> all af the bureaucratic paperwork. Printup stated the question is how the City can work better with the <br /> Watershed District. Printup noted the City Council has talked about that before and that is what concerns <br /> him with applications of this type. <br /> Levang stated Staff has been working hard over the years to establish a good working relationship with <br /> the Watershed District. Levang stated if someone looics at the flowage and covenants,it was very clear <br /> what should have happened with the property and that the property owners should have realizeti it was <br /> their responsibility to understand all the conservation easetnents and covenants and that the property <br /> owners should have been apprised of those things at the time they purchased the property. Levang stated <br /> the property owners need to understand exactly where their property boundaries are and that Staff has <br /> worked very hard to develop a strang relationship with the Watershed District. <br /> Mack stated he does not see this issue as a conflict with the Watershed District. Mack statad the Planning <br /> Department has discussed this very thoroughly and have actually institu€ed some measures that will help <br /> prevent this from happening in the future. Mack stated the changes have to do with the way landscaping <br /> occurs on a site and whether it is part of the original building permit ar not. Mack stated those changes <br /> will help make sure the homeowners are not caught in this type of situation in the future. Mack stated this <br /> situation involved different contractors and a lack of clear understanding of what was on the survey. <br /> McMillan stated at times the developers fail to inform the property owners that certain areas have <br /> covenants over them or fail to notify them of a wetland buffer. McMillan stated it is very diffiault for the <br /> average person to understand how those lines are formed since they are often deternuned by soil types <br /> and that when the lots are sold,they are not always marked. <br /> McMillan asked for clarification on the fee. <br /> Curtis stated a building permit is required for the wall exceeding fow feet in height as well as a zoning <br /> permit for the lower wall. The zoning permit is a$50 permit and the building permit is a sliding fee based <br /> on the cost of the project. Curtis stated the double fee is for the after-the-fact pernuts. <br /> VOTE: Ayes 4,Nays 0. <br /> Mattick noted this application witl be brought back before the City Council at the time a plan is finalized <br /> with the Watershed I}istrict. <br /> Page 8 of 19 <br />