10-08-1990 Council Minutes - Laserfiche WebLink

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ORONO REGULAR COUNCIL FETING HELD OCTOBER 8, 1990 ZONING FILE #1532 - FULLERTON PROPERTIES, INC. CONTINUED • approval. Procedures of the City need to be improved so this doesn't occur repeatedly. Mr. Franks should have been invited to the August Park's Commission meeting, but wasn't. This was the first discussion of this matter. The conclusion of the Park Commission is that they would like to build the bike path while the preliminary work is being done in order to show what can be done. The Commission feels it can get approvals to the west of the trail to connect it to City property. There are three private residences to the west which would need their assent to an easement across that property or a condemndation which the Council would need to approve. This is a good segment to begin construction of the bike trail and would like to connect it up as quickly as possible. The Park Commission needs the City's cooperation to build any of the trails. Mr. Flint stated that the current form of easement negotiated with Mr. Franks is not the norm. Most are clean, not subject to other restrictions. There is an existing easement for utilities along the north and west edge stated "you have an easement for utilities ". Under the new as well as the old ordinance, the City had the right to request a reasonable portion of land to be dedicated for park purposes rather than $200.00 per lot. This could have been requested at the time of the initial application but was not. The request is for an easement over an • area that is already subject to a drainage and utility easement. That would mean that telephone poles could be put up without restrictions. If a bike path were there, restrictions would be needed. The concern of the Commission is that it will take a long time to get the cooperation of the City staff to get the bike path pushed through the rest of the way; whereas if the path were built first, more cooperation would happen and the project could move forth. Acting Mayor Callahan responded by stating that this is the first time the City has gone out to get specific land for park purposes even though land may have been given to the City. It seems there is some justification for the developer in this case to want to have or not have a bike trail system go into his property from one corner to an empty field. It seems what the developer is essentially asking is that he knows there is a plan that will occur in a set time frame so that the path ties in somewhere. Depending on how the easement reads and if there are technical restrictions, problems could occur. Under the circumstances, a bike trail that goes somewhere does not seem too bad. Mr. Franks replied, "There need be no restrictions on the easement. Again, if we are both honorable groups here, I will accept your say so that when the bicycle path along 6 gets done that you are in the process to do the same thing somewhere else • that it connects to, whether it be east, west, or whatever direction." 8