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MINUTES OF TIIE <br /> j ORONO CITY COUNCIL MEETING <br /> � Monday,November 13,2006 <br /> 7:00 dclock p.m. <br /> i <br /> (5. #06-32I8 BRIAN ARNE AND JULIE MORRISON—ARNE,KERRY AND KIANN <br /> i NASSAUER, 130 AND 145 MANOR CIRCLE, Contirruerl) <br /> i Sansevere commented it does not appear that the City has a legal obligation to waive the fees. <br /> � <br /> � Morrison conunented the homeo�mers association feels there might be some legal obligation on the part <br /> of the City to reimburse thein for some of their expenses for having maintained tliis public road for the <br /> ; past 20 some years. <br /> Sansevere inquired whether they are putting the City in peril by agreeing to waive the fees. <br /> i Brokl stated if the fees were waived for this particular application, it would liave no affect on the <br /> homeowners association. <br /> Mtttphy inquired whether the city has any precedent for waiving fees under these circumstances. <br /> Gaffi-on stated to his knowledge this sihtation has not come up Uefore and that this is a unique situation. <br /> Gaffron stated the City has not been maintaining this road. <br /> Sansevere inquired what expenses the homeowners association has incun-ed in maintaining this road. <br /> McMillan stated to her laiowledge the homeowners association did repave the road. <br /> Morrison stated she caiulot speak for the hoineowners association,Uut that in her opinion the homeowners <br /> association feels that the individual propei-ty ov�mers should be reimbursed for some of the costs that they <br /> have incutYed in pursuing their application and con-ecting the en-or. Morrison indicated they have had to <br /> spend thousands of dollars in surveys and replatting. <br /> McMillan moved,White seconded, approval of Application#06-3218,Brian Arne aud Julie <br /> Morrison—Arne,Kerry and Kiann Nassauer, 130 ancl 145 Manor Circle—Final Plat and Vacation, <br /> to adopt RESOLUTION NO. 5529, a Resolution Vacating the Dedicated Public Road shown as <br /> Manor Circle within the Plat of Countryside Manor 2"`'Addition and Vacating Drainage ancl <br /> Utility Easements within Lot 1,Block 1 and Lot 1,Block 2, Countryside Manor 2"`'Additio�i; and to <br /> adopt RESOLUTION NO. 5530, a Resolution Approving the Plat of Countryside Manor 3"' <br /> Adclition,with waiver of the final platting aud legal review fees of$530. <br /> Sansevere stated in his view the applicauts should get some�nancial relief from their homeowners <br /> association rather than the City. <br /> White stated it was always intended that this would be a private road but the developer never Fled the <br /> necessary paperwork. White stated in his view soineone fi•om the City should have followed up on this <br /> back in 19�5. White noted a variance is no lon�er needed,and inquired whether the applicants have also <br /> paid a variance fee. <br /> Gaffi-on stated they have not. <br /> Murphy stated it comes down to the principle of the matter and that in his opinion the City and the <br /> previous developer did everything that was required to be done at that time. <br /> PAGE 4 of 15 <br />