02-26-2001 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING February 26, 2001 ( #2550 Charles Van Eeckhout, Continued) Sansevere stated he understood from what the City Attorney has said, it is legal grounds for denial. Tom Barrett, City Attorney, stated he has reviewed the proposed resolution, and in his judgment the Applicant has not been able to satisfy a reasonable requirement of the City ordinances that he have legal access to his property in order to support the subdivision. Mayor Peterson commented the City can either vote on the denial resolution tonight or Mr. Van Eeckhout can agree to an extension. Sansevere encouraged the Applicant to take the extension. Van Eeckhout questioned whether the extension would be valid anymore. Flint stated the Applicant cannot come to the City Council and present vague ideas regarding a subdivision. Flint stated the Applicant needs to have his proposal laid out so the Council knows exactly what is being proposed. Flint commented he is unable to abstractly discuss this matter. Van Eeckhout indicated he understands that. • Mayor Peterson commented the Council would prefer that the Applicant agree to an extension. Van Eeckhout inquired whether the City Attorney feels the extensions granted to date have been • valid. Tom Barrett, City Attorney, stated in his opinion there is a good faith basis to say that they are. Sansevere commented the extension would give the Applicant more time to reopen his negotiations with Dunn, but the choice is up to the Applicant. Van Eeckhout stated he also has asked the City to support a condemnation in order to gain access. Sansevere stated he would not be in support of that proposal. Van Eeckhout commented he would like to get the Council's view on condemnation. Sansevere stated there has not been any formal action by the Council on that matter. Mayor Peterson encouraged the Applicant give some consideration to extending the time limit. Van Eeckhout stated the Orono City Council has the authority to perfect this easement. Van Eeckhout commented in his view an extension will not do much good, and if the denial resolution is approved, he will proceed from there. Flint stated if the Applicant chooses not to go with the extension, the Council has no option but to vote his application down. Flint commented it is his understanding that the City Council is not in • support of the application as it is being presented this evening. PAGE 12