11-10-1997 Council Packet - Laserfiche WebLink

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MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 27,1997 (#3 - Old Crystal Bay Road Addition Internal Trail System - Continued) Barrett reported that if the City were to abandon their interest in the trails, the tiail property would revert to the ownership of the adjacent property owners. He suggested a condition be put in place, whereby, if the City agrees to withdraw their interest in the trails, the contiguous property owners must provide the same easement for the benefit of all of the homeowners with the property title held by the homeowners association. The trail development itself would be at the discretion of the homeowners association. Those adjacent homeowners to the trail property should be made aware that these residents are not trespassing. Bares questioned with three homeowners' associations, if all would be able to access the trails. The trails within each association's development would make determinations on their trails. Bob Gehrman, 4300 6th Avenue North, asked what happens if the homeowners association is abandoned. Jabbour said the easement would be on the deed indefinitely. Jabbour said it was inherent to preserve the right of that community to use the trails. He noted there is a differing opinion on what parks should be used for. Dwight Se>vard noted the park parcel is mentioned as a passive park and sees no need to access it. Seward said there is only brush in the area that has been cleared out and no amenities. Flint informed Seward that parks are developed by asking neighborhood groups what they would like to see in their parks. He noted changes made at French Creek Preserve due to desires of the neighborhood. Bares reported that there is benefit to green area. He indicated there does not have to be any amenity in place for people to enjoy it. Kelley agreed noting children need to have space to explore, where exploration is the sole piupose. Council discussed whether the trails should be vacated to the homeowners association. Tunheim will work with the City Attorney towards that goal. Jabbour asked Staff if any funds were allocated to the trails or value placed on them. Moorse said no. Tunheim said no park dedication was credited according to the resolution of 4/25/94. Kelley moved to vacate the public trails providing a homeowners association is in place, but he was informed by Barrett that such vacation would require a public hearing before the Planning Commission. Kelley withdrew his motion. Jabbour moved, Goetten seconded, to direct Staff to prepare the necessary documents and schedule a public hearing for the City to relinquish their interest in the internal trails provided a homeowners association is in place to which the easements are conveyed. 8