12-10-1990 Council Minutes - Laserfiche WebLink

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ORONO COUNCIL MEETING HELD DECEMBER 10, 1990 ZONING FILE #1521 - LOMBARDOZI CONTINUED There is a covenant on a piece of property, approved. If you want to live by that,. that don't, the smoke is going to fly. The City is piece of property without paying for it. You me off of it bodily." which you people • :'s fine. If you not touching that will have to move Goetten stated that she has been concerned about the private /public road issue for some time. She said, "When this matter was last discussed, I was not in favor of passing a resolution that would convert the private road to public. However, the resolution was approved. My concern is whether it wou d be possible :o separate the road issue from this subdivision. The issue of private /public roads has not been discussed by the Council." Barrett replied, "It is true that the ordinance has been adopted. However, that does not preclude the Council from further consideration of the public /private road issue. As I understand it, you are concerned about the Council making a decision in this case, when there has been no formal policy established for public /private roads. I can say that from a legal standpoint, the Council has the right to make the road public. I cannot tell you whether or not it is good policy to do this." Goetten asked if Council would be setting a precedent. Barrett replied, "I do not believe that a negative precedent • would be set. Council would be approving the public road in order to facilitate the development of property within the City. That should not compel the Council to make other private roads public." Mr. Wear said, "I would just like to clarify one thing. I would not be as strongly opposed to this proposal as I am right now, if we had our lots sold. Why should we let someone cross our property to be in competition with us? Think about that for a minute. If we had our subdivision completed, the lots were all sold, what the devil do I care what is out there. In the meantime, we are going to fight. There are other ways to access the property, such as off of Old Crystal Bay Road. We've paid for all the utilities, telephone, electric, gas, the road, the whole works. Now you are telling me that any man can come in, buy that piece of property, and use what we have paid for to access it. No way. I'm going to fight you tooth and nail on this." Callahan asked if the City would owe Mr. Wear anything if in fact the City does proceed to make the road public. Barrett said, "The question is whether Mr. Wear is entitled - 7 - •