01-14-1991 Council Packet - Laserfiche WebLink

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‘a K V- ORONO COUNCIL MEETING HELD DECEMBER 10. 1990 #1475 JOHN MCDONELL. 4105 BAYSIDE ROAD FINAL SUBDIVISION APPROVAL RESOLUTION #2903* Mr. McDowell was present. It was moved by Mayor GrabeK, seconded by Peterson, to adopt Resolution #2903, approving the Plat of Bayside Ridge. Motion, Ayes-1, Nays-9. Motion passed. #1521 STEVEN LOMBARDOZI. 115 OLD CRYSTAL BAY ROAD NORTH PRELIMINARY SUBDIVISION Mr. Lombardozi and Mr. Gary Peterson were present. Nr. Bill Hear. as was Bernhardson summarized the information provided in Jeanne Mabusth'e memo dated December 3, 1990, noting that access is ^the primary issue involved in this subdivision. He said. The Planning Commissivin had recommended that tue private road ^ir^ctly south in the Wear subdivision be extended and that both the cul-de-sac to the south and east be made public. He said, *The public road could then serve this subdivision and other subdivisions that may occur to the north. Alternatives to the Planning Commission recommendation could include just making the one leg public under the City's road and utility easements, or the City could provide access by means of an Ordinance amendment that was approved a year ago." It was m.oved by Mayor Grabek to adopt the approving the preliminary subdivision for A1 Kreb. failed for a lack of a second. Resolution The motion Peterson asked the City Attorney how it would be possible to open a private road to the public. Barrett replied, "The distinction here is that the City has underlying easements, which would allow the road to be opened to the public. Tnat is non-controversial. As a result of the Wear subdivision, the City obtained a public road easement, over which a private road was constructed. If the City wishes to make the private road public, there is a procedure that can be done to accomplish that. The other issue is that if someone has a private road, the City can require, as a condition of owning the private road, that members of the public that must use the road to access their property be allowed to use that road to do so. It is my opinion that the City can do that, though such a method is more controversial." Peterson asked Mr, Wear if it is his wish to have the road remain private. Mr. Wear replied, "Not necessarily, but w-e do want to be peid for it. You are acquiring our property without any warrant. - 6 -