02-26-1996 Council Minutes - Laserfiche WebLink

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MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 26, 1996 CITY ADMINISTRATOR'S REPORT • ( #10) VALEK PROPERTY PARK ACCESS RIGHT -OF -WAY Moorse reported that the discussion relates to the 9 -1/2 acre tax forfeit parcel. The Valek's requested that a 1/2 acre be added to their property, which the Council had indicated agreement to, with the condition that the City retain and relocate a piece of right of way through their property to gain access to the tax forfeit parcel. Moorse said the Valek's ask that the right of way not be retained. Mr. Valek said he has never been interested in seeing an access go through his property to the park land. He believes the right of way to be a utility easement, and was told so by Jeanne Mabusth as well as being so designated on his abstract. Now he is concerned that the right of wav is being shown as a bike trail. Callahan asked Valek why he should be given the property without compensation. Valek said he had shown his hardship and would be willing to pav the 8% park dedication fee and pay for the land. Callahan said he had no objection to the land being acquired from the County by Valek but the City was not in the position to act on the property at this time. Callahan said he would need to have proof of an adequate access to the park land before any further • decisions are made. Jabbour was informed by Gaffron that the 10' right of way was a dedicated public right of way, which was donated and dedicated as an alley in 1891, and which has not been vacated. Jabbour agreed with Callahan that an access must be maintained to the park land. • A potential optional access has recently been proposed by the Fairview Church through its property. It has not yet been determined if adequate access is available or if arrangements are feasible. Gaffron noted this would require an easement from the church. Mr. Valek said the County has told him the 1/2 acre has no ties to the park property disposition. Mrs. Valek asked if the Citv obtained reasonable access. would the council be willing to split off the 1/2 acre parcel. Callahan said it was possible if agreement could be made between the County and City and the Valeks. He asked the Valek's to continue working with Staff, adding that consideration would be given to releasing the 1/2 acre when access to the park land has been gained, but where that access will come from has not yet been determined. Callahan reitereated that the City is awaiting the County's decision on the disposition of the tax forfeit parcel. 7