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ORONO COUNCIL MEETING HELD DECEMBER 10, 1990 11475 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 thu Plat of Bayside Ridge. Motion, Ayes -A, Nays-0. Motion passed. #1521 STEVEN LOMBARDOZI, 115 OLD CRYSTAL BAY ROAD NORTH PRELIMINARY SUBDIVISION Mr. Lombardozi and Mr. Gary :-:�tzrson were present, as was Mr. Bill Wear. Bernha-dson summarized the information provided in Jeanne Mabusth's memo dated December 3, 1990, noting that access is the primary issue involved in this subdivision. He said, "Th-e Planning commission h.+d recommended that the private road directly south in the Wear subdivision be extended and that both the cul-d--sac :o 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 publi- under the City's road and utility easements, or the City could provide access by means of an 01_dinance amendment that was approved d year ago." It was moved by Mayor Grabek to adopt the R,�solutiork approvi-ig the preliminary subdivision for Al Kreb. The motion failed for a lack of a second. Peterson asked the City Attorney how it would be possible to open a private road to the public. Barrett replied, "The distinction heL- is that the City has underlying easements, which would allow the road to be opened to the public. Teat is non -controversial. As a result of the Wear subdivision, the City obtained a public road easement, )ver 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 5e 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 iz, his wish to have the road remain private. Mr. Waar replied, "No` necessarily, b,it we do want to b= paid for it. You are acquiring our property without any warrant. - 6 -