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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—Continued <br /> Walsh stated if there is a private property dispute,the property owners will need to resolve that. <br /> Schutt stated it is Staff's position that all those conditions referenced by Mr.Johnson in Resolution No. <br /> 6789 have been met,which is the reason why those conditions have been removed from the resolution to <br /> alleviate any confusion. <br /> Johnson stated the Whites are not asking for the City to get involved with the dispute on the <br /> encroachments and the driveway but that they relied on the resolution that the easement needs to be <br /> completed before the final plat is approved. Johnson stated removing that language does not help them in <br /> bringing any sort of legal action to enjoin the plat and that they relied on the resolution and the first <br /> Development Agreement that said these are conditions of the Preliminary Plat. <br /> Johnson stated they are looking for an easement and that they understand that is a private issue but the <br /> proposals for the easement are not acceptable. If there is a removal of the gas or sewer lines,that would <br /> be entirely at the expense of the Whites,which would be expensive,and that they are asking that the City <br /> follow its original resolution and Development Agreement. <br /> Walsh stated what he is hearing is that it is Staff's and legal counsel's opinion that it has been met and <br /> that the property owner can always dispute that in court. Walsh stated with that understanding,the City <br /> Council can approve the plat as presented. <br /> Crosby asked if the City Attorney is comfortable with that position. <br /> Schutt indicated she is. <br /> Crosby asked what the Whites are looking to gain. <br /> Dankey stated they do not want to move their utilities. <br /> Walsh stated the easement was something that was done in the 1960s and that there might not be full <br /> language in the easement but that there is an easement there. Walsh stated the Whites feel they cannot do <br /> this development without a new easement and the developer feels he can bring the utilities in a different <br /> way,which could leave the Whites without any utilities. Walsh stated in his view it is more of a trump <br /> card that is being used,but that is not the City Council's job to try to figure out what they are trying to get <br /> out of it. The City's job is to continue to move the application along unless some blaring legal issue is <br /> brought up. <br /> Crosby moved,Dankey seconded,to adopt RESOLUTION NO.6878,a Resolution Approving the <br /> Plat of Ivy Place,File No.LA18-000014,and to approve and authorize the Mayor to execute the <br /> Development Agreement. VOTE: Ayes 4,Nays 0. <br /> Page 8 of 20 <br />