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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 22, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 12 of 18 (5. Permit #2012-00424 - JAY AND ALYSSA KANIVE, 950 WILLOW VIEW DRIVE – APPEAL, Continued) Mattick stated it is his understanding the fire pit is located in the City’s easement and that the Council can decide to have the applicant remove it or allow it to stay. Mattick noted if the Council allows it to stay, Mr. Kanive should understand that it may have to be removed at some point in the future. Printup asked if Mr. Kanive understands that the fire pit may have to be removed at some point. Kanive indicated he does. McMillan asked if buffers were required for this subdivision Gaffron stated they were not required by the City but were required by the Watershed District. Kanive stated the Watershed District’s entire plat for this subdivision is on file with the City and that actually Outlots B and C do have those covenants recorded on their plats even with the City. McMillan asked if the motion included the fire pit to be allowed with Watershed approval as well as the encroachment agreement with the City. Levang amended her motion to approve Permit #2012-00424 - Jay and Alyssa Kanive, 950 Willow View Drive, granting of a building permit for a sport court and waiving the conditions of Staff, to require Mr. Kanive work with the Minnehaha Creek Watershed District to mitigate the location of the fire pit, and to enter into an encroachment agreement with the City as to the utility easement. Kanive asked if there is a standard encroachment agreement that the City has. Mattick indicated they do. Mattick stated the agreement basically states if a structure is placed in a City easement, upon 30 days’ notice, the encroachment must be removed. Kanive indicated he is not waiving his rights to speak on the easement at some point in the future. Mattick noted it is the City’s easement but that he can comment on it. Mattick indicated the agreement does make it very clear that it is the City’s easement and that the City typically does not seek out comments on that kind of stuff but that a property owner always has the right to petition their government. Anderson seconded the amended motion. VOTE: Ayes 4, Nays 1, Bremer opposed. *6. 2013 - JOINT USE DOCK LICENSES – RESOLUTION No’s 6216-6224 Levang moved, Bremer seconded, to adopt RESOLUTION No’s. 6216-6224, a Resolution Establishing Policy Regarding Certificate of Survey Requirements for Joint Use Dock Licenses. VOTE: Ayes 5, Nays 0. Item #03 - CC Agenda - 05/13/2013 Approval of Council Minutes 04/22/2013 [Page 12 of 18]