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r <br />MINUTES OF THE REGULAR ORONO CITY COUNCIL <br />MEETING HELD ON OCTOBER 27,1997 <br />(#3 - Old Crystal Bay Road Addition Internal Trail System - Continued) <br />Flint voiced concern that the vacated trails would give benefit to the adjoining property <br />owners and w'ould not enable the other residents of the subdivision to gain access to the <br />park if the trails were vacated. Flint said he sp)oke with one homeowner who thought the <br />proposed trails were great, and noted there was no way to get access to the Luce Line <br />from his property without using the trails. Flint said the intent was never to bring in the <br />general public to use the trails, but allow those in the neighborhood the ability to use the <br />trails and get to the park. He was concerned with losing this ability. <br />Flint asked Dick Putnam, the original devel "per, if he thought the trails should be given <br />to the neighborhood instead of being vacated. Putnam questioned whether there was a <br />legal way for the City to convey the trails to an entity. Jabbour asked if there was an <br />entity to which to give the trails. Putnam reported that the residents are in the process of <br />setting up a homeowners association separate from the other subdivision across the <br />street. Flint was told the other development had one developer with different builders <br />while this subdivision was sold to a developer, who built all of the homes. Putnam said <br />documents were provided to Tony Eiden, the developer, to allow for a homeowners <br />association. <br />Jabbour asked who does the maintenance of the roads. Tunheim said the 14 residents <br />share in the cost of maintenance. He indicated they are currently in the process of <br />breaking away from the other homeowners association and have an easement for the <br />road. Once the documentation is in place for the new homeovvTiers association, they <br />would have the legal entity to which the trails could be conveyed ownership. Tunheim <br />explained the different homeowners associations and what homes are in each <br />association. He indicated it is an extensive process to make these changes as the <br />covenants are filed against the land. <br />Jabbour questioned whether the City would have to sign off on the covenants. Tunheim <br />did not believe so. Barrett said he would have to review the covenants. He indicated the <br />City has a stake in seeing the homeowners association continue. Jabbour said he had a <br />concern with moving forward on such an activity and then finding out it cannot be done. <br />Kelley asked if the road was private and owned by the homeowners. He was informed <br />that it was. Kelley questioned what right the City has to bring traffic onto a private road. <br />Barrett responded that the City has a public easement over the road but may allow it to <br />remain private with maintenance performed by the homeowners. Kelley questioned <br />whether the general public could be ticketed for trespassing. Barrett said that was <br />possible. Kelley asked what would prevent him from getting ticketed for using the trails <br />to gain access from the roadway. Barrett si’id the misdemeanor offense would have to <br />be seen by a police officer. Kelley clarified that the general public coes not have the <br />right to use a private road. Barrett confirmed that the private homeowners have the right <br />to place an objection to the use by the general public.