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