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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, May 23, 2016 <br />7:00 o'clock p.m. <br />12. #15-3786 MOONEY LAKE PRESERVE — LOTS 1 AND 2, BLOCK I (PRAIRIE VIEW <br />LANE), PROPOSAL TO DELAY ROAD CONSTRUCTION: CONCEPTUAL REVIEW <br />Senior Planner Gaffron stated the property owner directly east of Mooney Lake Preserve, Mr. MacMillan, <br />has purchased the two lots adjacent to this property. Lots 1 and 2, Block 1, are adjacent to Mr. <br />MacMillan's property and would be served by a private access road that comes up to a cul-de-sac, with a <br />private driveway to Lot 2. This road was approved by Orono to be constructed as part of the Mooney <br />Lake Preserve subdivision. <br />Mr. MacMillan is proposing to delay construction of the Prairie View Lane cul-de-sac and has been <br />working with the developer and City Staff to establish parameters for that to happen. Also being <br />proposed at this point is to only construct the storm water pond in the northwest corner and the first 300 <br />feet of road. The proposal specifically includes some conditions about when the rest of the road will be <br />built. One of Staff's main concerns with the initial proposal was Lot 1 being built with a house only <br />requiring a driveway and Lot 2 not getting built. <br />There is currently a letter of credit in place to guarantee construction of this road and the other Mooney <br />Lake Preserve improvements. The City should not be expected to hold this security, or some other form <br />of security, for an indeterminate amount of time until road completion is triggered by a proposed home on <br />Lot 2. The solution to this proposal is to place the future obligation to complete the road entirely on <br />Lot 2, which leaves the owner of Lot 1 free of the obligation. If Lot 1 gets built on first with simply a <br />driveway extension, the owner of Lot 1 must be on notice that when Lot 2 is developed, his driveway will <br />become a road at the expense of the owner of Lot 2. <br />The road completion should occur prior to issuance of the building permit. The road should be completed <br />to the extent that the base and first lift of bituminous are in place. Staff would also recommend that no <br />Certificate of Occupancy be issued for a home on Lot 2 until, one, the final wear course is in place or, <br />two, the owner of Lot 2 has established security with the City to ensure the final wear course is <br />completed. <br />The request involves the following elements: <br />1. The developer, George Stickney, is to construct the southerly 300 feet of road as well as <br />stormwater pond, per the existing Development Agreement. <br />2. A single private driveway could be extended from the end of the improved road to serve a house <br />on Lot I without the need for further road improvements; <br />If a house is built on Lot 2, the full road must be completed. <br />4. Owners of Lot 2 are required to be responsible for installing the full road prior to issuance of a <br />building permit for Lot 2. <br />5. The obligations for road responsibility to be recorded as covenants in the chain of title of Lots 1 <br />and 2. <br />6. Lots 1 and 2 will be subject to a joint access agreement and joint maintenance. <br />Page 17 of 23 <br />