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ORONO CITY COUNCIL MEETING <br />MINUTES FOR AUGUST 9, 1999 <br />. (DNR Conveyance, Continued) <br />Gaffron stated that the DNR is claiming exemption from compliance with Orono Zoning Code <br />requirements in this matter, with City Attorney Barrett concurring that the City cannot require the <br />DNR to comply with our subdivision requirements. <br />City Staff is requesting authority to advise the County that the City will not oppose this "lot line <br />rearrangement subdivision ", and that the County and Long Ridge be advised that the conveyed <br />parcel should be legally combined with the adjacent Long Ridge parcel to avoid the creation of <br />what someone might perceive as a buildable lot. Gaffron stated due to the configuration of Orono <br />Orchard Road and the steep banks, this is not a safe location for a driveway access that would <br />have vehicles exiting on a regular basis. Gaffron noted that the City has advised tong Ridge in the <br />past that this is not an acceptable access for their land west of the golf course. <br />Sandra Smith, Planning Commission, inquired whether this is the area where a large number of the <br />general public access the trail. <br />Gaffron stated that this is where the general public gain access to the trail. Gaffron stated that the <br />DNR will retain an easement over this area to insure that access to the trail will continue. <br />Kelley commented that in his view the City should advise the DNR that the City is not in favor of <br />this. <br />Mayor Jabbour suggested that the City advise DNR that they are not in favor of a driveway at this <br />location. <br />• Tom Barrett, City Attorney, stated he has had a conversation with` Bruce Specktor, Assistant <br />Attorney General, who explained that Long Ridge is contesting the title that the State has because <br />an easement was issued rather than a fee title and because it is no longer being used as a railroad, <br />the easement is extinguished and it should revert to the underlying fee owner, which is Long Ridge. <br />Rather than contest that title, they have agreed to this conveyance. Long Ridge has indicated that <br />they want to square off their property and that the representatives of Long Ridge have assured <br />Specktor they have no interest at this time in using this as a road. <br />Mayor Jabbour reiterated that the City should take the position that there should be no driveway at <br />this location. <br />Kelley commented that the public is using the property owned by Long Ridge as a part of the <br />golf course for recreational purposes. Kelley suggested the City should acquire this property as it <br />currently has substantial public use. <br />Smith commented that in her opinion this is a major access to this trail and that the general public <br />views it as a public access. <br />Kelley suggested that this matter be discussed with Long Ridge. <br />Gaffron stated he has been advised that the DNR will retain an easement to allow the current use <br />to continue. Gaffron noted he has not had an opportunity to review those documents. <br />Mayor Jabbour suggested that Long Ridge be advised that this matter came before the City <br />Council, and that the Council has some grave concerns regarding this parcel which should be <br />• addressed. Jabbour recommended that a letter be sent to the DNR indicating the City's desire that <br />this piece of land continue to be used as access to the trail as well as expressing the City's concern <br />that this property not be used as access to other parcels. <br />Page 9 <br />