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KINUTES OP THE ORONO COONCIL MEETING OP DECEMBER 11, 1989 <br />ZONING PILE #1289-WILL CONTINUED <br />Bernhardson said that the City does have the ability to <br />dedicate the road for public use and require it to be privately <br />maintained. He said that there are multiple property owners <br />along this road, as opposed to one developer owning all of the <br />property as in other subdivisions, which makes this unique. <br />Councilmember Goetten asked whether the City should be <br />addressi.ig the issue of private/public roads as a whole, rather <br />than addressing them individually. <br />Bernhardson said that access, maintenance and development of <br />the road are the issues. The developer will be responsible for <br />the development of the road either way. The question in regard <br />to maintenance is whether or not the property owners of the three <br />lots, short of the dedication of a public road, have the right to <br />go over that portion of the privately maintained Wear Lane North. <br />City Attorney Barrett advised that the Council need only <br />draft an Ordinance amendment stating that in such circumstances <br />access must be allowed to any adjacent property via underlying <br />public access easements taken over private road out lots. <br />Mr. Bill Wear asked where the cul-de-sac would be located. <br />Mabusth depicted the approximate location on the overhead <br />sketch. <br />Mr. Wear asked if the City was aware of the trees located in <br />that area that would need to removed? <br />Mabusth replied that the trees will be considered when <br />determining the actual location of the cul-de-sac. <br />Mr. Wear had no other comments. <br />Mabusth asked for clarification from the City Attorney as to <br />how much of the road will be dedicated as a public road? <br />Barrett replied that at a minimum the northern portion will <br />be dedicated because the easement that is available to the <br />developer to the north is the one that the City owns. <br />Mabusth asked if the portion of Wear Lane North now existing <br />will remain a private road. <br />Barrett suggested that the Council pass an ordinance that <br />says in these circumstances these private roads must be opened to <br />homeowners and their invitees who need to cross over the private <br />road in order to get to their residences. <br />Mr. Bob Lorenzen, 2050 Wear Circle, said that he currently <br />has a l/6th interest over Outlot A, which includes both Wear <br />Circle and Wea’. .*ane North. He asked how this public/private <br />issue will affect the maintenance costs he now pays. <br />il 1