Compromise reached with Mystic Meadows encroachment issues
FARMINGTON — A majority of Farmington City Council reached a consensus about the encroachment issue within the Mystic Meadows residential development in Farmington.
City Council and city staff held a work session with residents on May 13. Farmington Public Works Director Katy Gehler reviewed the encroachment issue the council has been addressing since February.
After the neighborhood meeting April 23 when residents gathered to provide input, the city received 76 comments from 50 property owners along with a petition signed by 173 residents representing 56 properties.
The discussion covered a variety of encroachment issues related to fishing piers, docks, swimming platforms, beaches, encroachment agreements, water quality, and the impact the decision could have on all public properties that abut private property.
More discussion covered setting a precedent, storage items on buffers, city liabilities and immunities, being consistent in the enforcement of city codes, beaches, grandfathering of current encroachments, and the ability to enforce decisions made surrounding the issue. There was also discussion about sun setting as part of the encroachment agreements.
The consensus included 12 points of compromise and a summary of conditions:
- Recreational activity is allowed on the pond and no motors of any kind are allowed.
- A 10-foot mowed path will allow access to the water.
- The willow tree control will occur in 2019 and path repair is planned to take place in 2020.
- A guidance document for community education about buffers will be developed by the city.
- The current buffer signage will be replaced in the Mystic Meadows development.
- The city will communicate on the appropriate work that can be done in the buffers.
- No storage is allowed in the buffers areas.
- Docks and swimming platforms are allowed and the city attorney will develop an encroachment agreement for docks. Docks must be removed each fall.
- A 10-foot beach will be allowed on properties.
- The city and neighbors will work together on willow tree removal.
The city attorney will develop an encroachment agreement.
The level one and level two encroachments on the properties will be dealt with individually.
A majority of council agreed to have the encroachment removed upon the sale of the property and the end of the life cycle of the encroachment or whichever occurs first.
The council agreed no new encroachments are allowed across the city and in any city buffer.