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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, August 24, 2009 <br />7:00 o’clock p.m. <br />_____________________________________________________________________________________ <br /> <br />PAGE 7 of 10 <br />(6. 09-3427 AL SERAN, 4099 HIGHWOOD ROAD, Continued) <br /> <br />Mrs. Seran noted the certificate of occupancy states that they must grant a 50-foot easement before it will <br />be issued. <br /> <br />Mr. Seran stated he discussed that issue with Planner Turner and that he is not in favor of granting a 50- <br />foot easement. Seran stated that was not discussed at the time of the original approval and that he is not <br />in favor of the easement. <br /> <br />Mrs. Seran stated because the road is not graded properly, the runoff goes onto their property. <br /> <br />Mr. Seran stated the road has been a problem since constructed and that the improvements the neighbors <br />have made over the years have helped some but that there are still drainage problems in the area. Seran <br />stated the swale is functional and that he does not know whether drain tile would help the situation. <br /> <br />Curtis stated the easement would help protect against the current situation and that the easement would <br />allow the City to rectify the situation. <br /> <br />Seran stated in his opinion the swale is a better solution than drain tile. Seran indicated he will maintain <br />the swale and that he and the neighbors have done quite a bit to help with the water runoff. <br /> <br />Murphy stated the intent of tonight’s meeting is to determine whether this application should move <br />forward to the next city council meeting provided there were not going to be any changes. Murphy stated <br />given the fact that there appears to be some major issues with the runoff and drainage in the area, it may <br />take longer than what the applicant would like. <br /> <br />Gaffron noted this is a neighborhood that should probably have curb and gutter installed and possibly a <br />storm water pond, which is not a simple solution. Gaffron stated if the City is able to get a 5-foot <br />easement and a 5-foot easement from the other neighbor, it is possible to rectify the solution, but without <br />an easement, the City would not be able to complete the necessary work. <br /> <br />Kellogg stated the recommendation for the easement would have come from his office as part of their <br />standard operating procedure. Kellogg stated the resolution should have contained the language and that <br />it apparently was not noticed by the applicant at the time the application was approved. <br /> <br />Bremer recommended this item be heard again on September 14. Bremer noted there are problem <br />properties where the City does not have an easement and that she would like the City Engineer to review <br />this application again and provide his recommendations to the applicant. <br /> <br />Murphy stated he does not want an issue to come up on September 13th which would prevent this <br />application from being heard on the 14th. <br /> <br />Kellogg stated the final grades should be done in conformance with the approved grading plan and that <br />the applicant has the ability to ensure that all of the grading is in conformance with the plan. The only <br />additional authority that the easement would provide is if the present property owner or a future property <br />owner would like to change something with the drainage. <br /> <br /> <br /> <br />Item #02 - CC Agenda - 09/14/09 <br />Approval of Council Minutes 08/24/09 [Page 7 of 10]