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r <br />\ <br />MINUTES OF THE REGULAR ORONO CITY COUNCIL <br />MEETING HELD ON OCTOBER 27,1997 <br />(#3 - Old Ctystal Bay Road Addition Internal Trail System - Continued) <br />Kelley then questioned how the City can have a public trail from a private road. Barrett <br />confirmed that there would be no value in the trail if the access was from a private road. <br />Jabbour indicated that the city does have the right to the road. Barrett noted a <br />homeowner can eject a stranger from private property. <br />Kelley asked what happens if the road is kept as a public easement and the trail is given <br />up for a private trail. Barrett said if the access is from a private road, there would be the <br />right to exclude others from the trail but with an underlying public easement and a <br />public trail, it could open the road to being public. <br />Kelley asked what makes a road public. Barrett said it was done by deeming it as public <br />and taking over maintenance. <br />Jabbour said he views the trails from the perspective of the future vision of the City and <br />of its trails. If there was a mechanism for use by the public and included park <br />dedication, Jabbour said the trails should remain public. He questioned who would be <br />served by the trails. Jabbour noted that Flint suggested the trails would be used by the <br />private homeowners, and the decision should be made what will then be done. Flint <br />agreed. <br />Flint again asked that if a homeowner whose property does not connect to the public <br />park on Outlot A wants to access it and the trails are vacated, theii how would that <br />homeowner achieve access. While the general public will not be served by the trails, the <br />homeowners should be able to use it. <br />Jabbour asked Council if the public interest should be vacated. Kelley, Goetten, and <br />Flint agreed, but Flint asked to have a vehicle by which the other residents in the <br />neighborhood can use the trails <br />Jabbour received confirmation from Council that a vehicle should be in place by which <br />the residents in the subdivision can access the park. Kelley said whether that use is <br />available should be left up to the homeowners. Kelley said he would want all of the <br />homeowners to be informed and make that determination. He questioned what happens <br />if not all of the homeowners want access to the park. Flint said the easement would be <br />there, and those wanting to use it can do so.