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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 24, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 12 of 15 (9. 4440 FOREST LAKE LANDING – ENCROACHMENT AGREEMENT, Continued) Bremer stated she would be amenable to cleaning up and improving the access point to the garage as well as the stairs provided that the Council does not feel the problem is being made worse. Bremer stated she does not want the solution to be worse than what the problem was. Bremer commented the deck will not be there forever since its useful life will eventually come to an end. Levang stated she would like to see as many encroachments go away as possible since it is a fire lane and should be marked as a fire lane. Levang stated she would like the public to be able to use the fire lane and that she is in favor of removing as many of the encroachments as possible. Mattick asked if the Council would like to see the applicant’s plans first or whether Staff should draft an encroachment agreement that requires the removal of the deck. Typically an encroachment agreement would specify what is allowed to remain in the fire lane and that it would likely be the driveway and the steps at this point. Levang commented it seems like the Council is flying half-blind in this situation since there is not a formal plan being proposed. Mattick stated it is not uncommon to do an encroachment agreement that says the property owner has already installed these items and then those items are described and allowed to remain until the City determines they have to be removed. Church noted the adjacent land to the south is a very steep incline and that they share responsibility with the neighbor to mow and maintain that area. Church indicated he has a concern that if there is an elevation change, the well will be exposed. Church stated they have a difficult time mowing that area now and that he is not sure how to do an elevation change without exposing the well and requiring a retaining wall. Anderson stated that is one of the reasons why the Council needs more information at this time. Curtis displayed a picture of the area and noted it is not a good picture of the angle. Church indicated he is not sure when that was graded that way. McMillan asked if someone would need to walk through the landscaping to access the lake. Church stated they would not since there is a small grassy area they can walk through but that the terrain is somewhat steep down to the lake. Levang asked who owns that strip of land. Curtis indicated the City owns that. Mattick commented it is hard to visualize but all of the paver is within the City’s right-of-way. Printup stated the question in his mind is whether the patio and deck should go away and relocated within the property lines. Printup asked whether that would impact the hardcover. Item #03 - CC Agenda - 07/08/2013 Approval of Council Minutes 06/24/2013 [Page 12 of 15]