10-26-1998 Council Minutes - Laserfiche WebLink

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ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 • ( #19) TONKAWA SHORES NEIGHBORHOOD ROAD ACCESS Dan Regan and Mr. Render were present. Gaffron stated the Applicants appeared before the City Council at the October 12th meeting regarding Regan's access proposal to Render's garage. Gaffron stated after a lengthy conversation with Staff and the City Attorneys, a possible solution was arrived at which will permit Render, although he has the right to use the entire old 16 foot easement for access purposes, to redesign and relocate his 16 foot paved width road so that it will require no grading within the portion of the 16 foot easement south of his lot line. The road could be tilted to the north which will allow all road drainage to reach the stormwater pond. Render will also grant at no charge to those property owners who currently have rights to use the old 16 foot easement, an easement over his new 16 foot road. The City will retain its right to regulate private property access to public roads as it always has, but the City has not been provided with any documentation by the neighboring property owners that the road as approved by the City is an encroachment on their rights of access. Gaffron stated Render will need to redraft an agreement outlining the conditions for review • and approval by the City Council. Barrett, City Attorney, stated that was his recollection of the meeting as well, and was interested in hearing whether this meet with Regan's approval. Regan commented he agrees with what Gaffron has outlined as the agreement, noting he never had the understanding that the road would be built within the existing easement. Render stated he thought the City had an easement over the property. Mayor Jabbour inquired what the City Council thought of the agreement. Flint stated he was fine with the proposed agreement. Goetten indicated she does not have a problem with the agreement, noting Render is willing to give up his land to make this agreement work. Gaffron stated that Regan would like approval of this process so he can obtain a building permit for his garage. Gaffron stated these changes could perhaps be incorporated into the subdivision documents as necessary. Jabbour moved, Flint seconded, to accept the proposed agreement regarding • driveway access to Outlot A Tonkawa Shores as outlined in the Planner's Report 21