01-14-1991 Council Minutes - Laserfiche WebLink

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I - , ORONO COUNCIL MEETING HELD JANUARY 14, 1991 ZONING FILE #1334 - REBERS CONSTRUCTION CONTINUED matter, but felt that the Planning Commission had worked very hard on this PRD. y ,r Mayor Peterson asked Mr. Pflaum and Mr. Rebers if they had any questions or comments and they indicated that they had none. It was moved by Goetten, seconded by Jabbour, to adopt Resolution #2917, amending Resolution #2652. Motion, Ayes -3, Callahan, Nay. Motion passed. #1521 STEVEN LOMBARDOZZI, 115 OLD CRYSTAL BAY ROAD NORTH PRELIMINARY SUBDIVISION RESOLUTION #2918 Mr. Lombardozzi and Mr. Peterson were present. Bernhardson presented information from the City Attorney pertaining to the issue of whether turning the private road into a public road constituted a "taking" by the City. He said, "The City Attorney has determined that Mr. Wear does not have a valid claim of a taking." Mayor Paterson asked the City Attorney whether it will be necessary for the City to reimburse Mr. Wear for the actual cost of constructing Wear Lane North and Wear Circle. Barrett replied, "The issue as to what is taken involves mainly the right of passage. The City is not picking up the road and taking it elsewhere. The road materials that have been placed there will remain. The expense of that road for Mr. Wear is essentially the ongoing maintenance, which the City has agreed to accept w!ien it becomes a public road. Historically, the subdivider has had to bear the cost of developing a public road. Mr. Wear is being treated no differently than any other subdividers of property involving a public road. As a regulatory matter, the City of Orono has already passed an Ordinance stating that the City has the power to allow the public to cross over so called private roads if the City deems it to be necessary. In other words, that is an element of property which is able to be regulated by the City's power." Mayor Peterson asked Barrett whether he had spoken to Mr. Wear or his legal counsel. Barrett replied, "No, I have not. I do have a letter from Mr. Wear's counsel that I received sometime ago. The letter makes a claim of a taking, but I have not exchanged drafts or otherwise tried to negotiate with him." Councilmember Jabbour asked when the City had passed the Ordinance stating that the public has the right to cross over private roads.