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MINUTES OF ORONO COUNCIL MEETING OF FEBRUARY 26, 1990 the number of houses on the driveway. Mr. McDowell replied that the property was subdivided years ago and is not involved with this subdivision. He said that White, Alt, Hayssen and Rezabek want to keep the driveway as it is. Acting Mayor Callahan asked CouncilmembPr Goetten what alternative she would propose in lieu of what Mr. McDowell is pcoposing? Councilmember Goetten suggested Eminent Domain and asked City Attorney Barrett for his )pinion in that regard. Barrett replied that the City has the legal right to condemn any road for public access. Acting Mayor Callahan asked about the purpose of Outlot B shown parallel to the existing driveway. Gaffron replied that the City is taking the oppo- ty to create a road outlot with Mr. McDowell's subdivision. Mr. "Chip" Hayssen responded to th- question regarding the property owners working together to solve this problem. He said that what is being proposed represents a compromise and agreement on behalf of the affected property .)wners. He said they have resolved the problem amongst themselves, but the Council is not accepting the solution. fir. Hayssen indicated that he could see no reason for Outlot B. He said th'' it is located in an area where there are many mature trees gr ig. Acting Mayor Callahan suggested that it may be best zo have Outlot A extend to the end of the property. He said that it would be necessary to condemn th(- portion of the White property that would be used to access Bayside Road. Callahan agreed with Mr. Hayssen that nothing could be done in the future with Outlot B. CouncilmembPr Goetten asked if access should not be considered for the White property which will more than likely subdivide in the future. Callahan replied that the City could address that issue at the time that Mr. White submits an application to subdivide. He said that if Mr. White gives the City the portion of the road that he owns, Outlot B will still serve no purpose. Outlot A should provide whatever access is necessary. It was moved by Acting Mayor Callahan, seconded by Councilmember Nettles, to adopt Resolution #2762, approving the Preliminary Subdivision for John McDowell, with the exc-ption that there be no Outlot B. Motion, Ayes-4, Nays-U, Motion passed.