11-13-2006 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November, 13, 2006 7:00 o'clock p.m. (5. #06 -3218 BRIAN ARNE AND JULIE MORRISON — ARNE, KERRY AND KIANN NASSAUER,130AND 145 MANOR CIRCLE, Continued) Sansevere commented it does not appear that the City has a legal obligation to waive the fees. Morrison commented the homeowners association feels there might be some legal obligation on the part of the City to reimburse them for some of their expenses for having maintained this public road for the past 20 some years. Sansevere inquired whether they are putting the City in peril by agreeing to waive the fees. Brokl stated if the fees were waived for this particular application, it would have no affect on the homeowners association. Murphy inquired whether the city has any precedent for waiving fees under these circumstances. Gaffion stated to his knowledge this situation has not come up before and that this is a unique situation. Gaffron stated the City has not been maintaining this road. Sansevere inquired what expenses the homeowners association has incurred in maintaining this road. McMillan stated to her knowledge the homeowners association did repave the road. • Morrison stated she cannot speak for the homeowners association, but that in her opinion the homeowners • association feels that the individual property owners should be reimbursed for some of the costs that they have incurred in pursuing their application and correcting the, error. Morrison indicated they have had to spend thousands of dollars in surveys and replatting. McMillan moved, White seconded, approval of Application #06 -3218, Brian Arne and Julle Morrison — Arne, Kerry and Kiann Nassauer, 130 and 145 Manor Circle — Final Plat and Vacation, to adopt RESOLUTION NO. 5529, a Resolution Vacating the Dedicated Public Road shown as Manor Circle within the Plat of Countryside Manor 2nd Addition and Vacating Drainage and Utility Easements within Lot 1, Block 1 and Lot 1, Block 2, Countryside Manor 2 "d Addition; and to adopt RESOLUTION NO. 5530, a Resolution Approving the Plat of Countryside Manor Yd Addition, with waiver of the final platting and legal review fees of $530. Sansevere stated in his view the applicants should get some financial relief from their homeowners association rather than the City. White stated it was always intended that this would be a private road but the developer never filed the necessary paperwork. White stated in his view someone from the City should have followed up on this back in 1985. White noted a variance is no longer needed, and inquired whether the applicants have also paid a variance fee. Gaffion stated they have not. Murphy stated it comes down to the principle of the matter and that in his opinion the City and the • previous developer did everything that was required to be done at that time. PAGE 4 of 15