10-13-1997 Council Minutes - Laserfiche WebLink

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MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 13,1997 ( #19 - County Road 6 Tunnel Agreement with Spring Hill Country Club - Continued) Jabbour noted that the only issue for discussion would then be that of public access. Barrett said this issue has not been addressed, and the County does not have any comments regarding it. Jabbour explained the original vision of the trail with two tunnels. The trail committee felt there would be a problem with crossing the road during the winter months and have asked for the use during this off -season time period. They thought there would be a problem with children as well. The committee thought the road could be crossed during the summer months. Crosby reported that technically, the CUP recites what is being done. It says the tunnel is being constructed through a cooperative agreement with the County, akin to getting a building permit, requiring no new decisions to be made. He indicated the discussions on the trail included the trail system without tunnel use. Crosby said if it is determined that the tunnel would be used by the public, which he says he does not have the authority to approve, he would not want this included in the underpass agreement for the successor of Spring Hill Golf Course. He would prefer such public use be by licensing or other means that could be changed for the future. • Crosby said he would like to see a decision made regarding the use of the tunnel and the trail. He would want a free - standing agreement regarding the tunnel use or through licensing if public use is required. 0 Jabbour suggested polling the Council regarding public use of the tunnel. Jabbour said he agreed with the comments made by Crosby except that he feels the City has worked in good faith. He noted the CUP and cooperative agreement were expedited placing the staff under great burden. Jabbour said he felt all situations could be dealt with noting the specifics of the trail were not determined. He said he personally is not bound to seeing the tunnel used by the public. He said Orono has not acted as an agent in the development of Orono, though it has been asked to do so many times. Jabbour said the only cooperative development done has been for the public purpose of providing baseball fields. By signing documents, Jabbour said it creates liability, and he would have a problem disallowing public use because of that. Since it would be public assisted, the citizens should have the benefit of its use. Crosby agreed with Jabbour's comments but saw a distinction of uniqueness regarding this issue in that Spring Hill had been willing to enter into an agreement with the County, who would not allow it to occur. 19