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MINUTES OF ORONO COUNCIL MEETING OF FEBRUARY 26, 1990 <br />• the number of houses on the driveway. <br />Mr. McDowell replied that the property was subdivided years <br />ago and is not involved with this subdivision. He said that <br />White, Alt, Hayssen and Rezabek want to keep the driveway as it <br />is. <br />Acting Mayor Callahan asked Councilmember Goetten what <br />alternative she would propose in lieu of what Mr. McDowell is <br />proposing? <br />Councilmember Goetten suggested Eminent Domain and asked <br />City Attorney Barrett for his opinion in that regard. <br />Barrett replied that the City has the legal right to condemn <br />any road for public access. <br />Acting Mayor Callahan asked about the purpose of Outlot B <br />shown parallel to the existing driveway. <br />Gaffron replied that the City is taking the opportunity to <br />create a road outlot with Mr. McDowell's subdivision. <br />Mr. "Chip" Hayssen responded to the question regarding the <br />• property owners working together to solve this problem. He said <br />that what is being proposed represents a compromise and agreement <br />on behalf of the affected property owners. He said they have <br />resolved the problem amongst themselves, but the Council is not <br />accepting the solution. Mr. Hayssen indicated that he could see <br />no reason for Outlot B. He said that it is located in an area <br />where there are many mature trees growing. <br />Acting Mayor Callahan suggested that it may be best to have <br />Outlot A extend to the end of the property. He said that it <br />would be necessary to condemn the portion of the White property <br />that would be used to access Bayside Road. Callahan agreed with <br />Mr. Hayssen that nothing could be done in the future with Outlot <br />B. <br />Councilmember Goetten asked if access should not be <br />considered for the White property which will more than likely <br />subdivide in the future. <br />Callahan replied that the City could address that issue at <br />the time that Mr. White submits an application to subdivide. He <br />said that if Mr. White gives the City the portion of the road <br />that he owns, Outlot B will still serve no purpose. Outlot A <br />should provide whatever access is necessary. <br />It was moved by Acting Mayor Callahan, seconded by <br />• Councilmember Nettles, to adopt Resolution #2762, approving the <br />Preliminary Subdivision for John McDowell, with the exception <br />that there be no Outlot B. Motion, Ayes -4, Nays -0, Motion <br />passed. <br />15 <br />