06-11-2018 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 11,2018 7:00 o'clock p.m. 14. LA18-14 LAKE WEST DEVELOPMENT OB/O BARBARA LUPIENT,ET AL, 3508 IVY PLACE,FINAL PLAT AND EVELOPMENT AGREEMENT APPROVAL RESOLUTION 6878—ConNnued David Johnson,Attorney-at-Law,stated he is representing Jay and Tara White and that he is asking for this item to be tabled until a couple of issues can be resolved. Johnson stated if the matter is not tabled, he does not believe the City is complying with City Resolution 6789,which was adopted on September 11,2017,and that it would not be complying with the Development Agreement that is under consideration tonight. Paragraph 2 of the Development Ageement states that the plat cannot be recorded until all conditions are complied with. Paragraph 24A of the Development Agreement states that implementation and adherence to the findings and conditions listed in Resolution 6789 are complied with. Paragraph 14H of the Resolution regards the sewer encroachment and natural gas encroachment that serves the Whites' property. The resolution states in Paragraph 14A that the applicants must grant an easement for the encroachment,which has not happened. Johnson indicated they have had some preliminary conversations,but they have not received an acceptable easement so far. In addition,there are also deck and driveway encroachxnents referred to in Paragraph I of the same resolution,but nothing has transpired between the Whites and the developer relating to these encroachments. Johnson noted the natural gas line goes beyond the 10-foot easement area into the plat and that the Whites have a concern that they will need to find another way to serve their property with these utilities. Johnson stated that is why the conditions were made in the preliminary resolution and that the Whites need some assurance that they can permanently rely on an easement for that. Johnson stated it is a reasonable request and that it was considered when the original resolution was passed. If the application is passed tonight unconditionally,it will not be complying with the earlier resolution. Johnson stated there is significant expense for the Whites in connection with these issues. Johnson noted Ivy Place ends at the Whites' property and that access to the new development is through an easement but that they do not believe there is an utility easement there that allows utilities to service this new development and cross the Whites' properiy. Johnson stated those are the issues that they would like to see resolved. City Attorney Schutt stated she and Soren Mattick have had several discussions with Mr.Johnson trying to clarify these issues and that it appears they are two ships passing in the night. Schutt stated City Staff and her office have reviewed the sewer and water issue,reviewed sketches of the property boundaries and surrounding rights-of-way,and reviewed where the storm and water connections and pipes are within those locations. It is Staff's opinion that the sewer and water lines for this development do not cross the Whites' property except for in places where easements already exist. With respect to the deck and driveway and gas line,Staff did receive as requested a survey of the property showing the locations of any encroachments. It appears from the plans that the deck runs along the property line but does not cross over the property line. Schutt stated that is a private property owner dispute,but City Staff requested the survey so they would know where all the proposed and existing encroachments are. Schutt stated the City would not get involved in a private property dispute of this nature and that the application should not be delayed because of that. Page 7 of 20