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t <br /> MINUTES OF THE � <br /> ORONO CITY COUNCIL MEETING <br /> Monday,October 8,2012 <br /> 7:00 o'clock p.m. <br /> PLANNING DEPARTMENT REPORT <br /> 5. #12-3562 ARTHUR J.NELSON ESTATE,400 WILLOW DRIVE SOUTH—PLAT OF <br /> WILLOW HII.L—1ST AMENDMENT TO DEVELOPMENT CONTRACT AND ROAD <br /> EASEMENTS/COVENANTS <br /> Mattick stated the Nelson family is asking for an extension to the development contract,which is a <br /> standard request. The original developer has placed the property on the market and the new purchaser <br /> had requested the extension. <br /> Also before the City Council are the road easements/covenants. Orono has a history of creating what it <br /> considers to be private roads. The City utilizes a dedication document to establish private roads and also <br /> places certain terms and conditions on the property owners to ensure that the road is properly maintained. <br /> Mattick stated the current procedure is somewhat cumbersome and can create some problems. The City <br /> has a number of publicly controlled roads where the City has delegated maintenance responsibilities to <br /> private individuals. In this particular development,the new purchaser has brought up the fact that if it is <br /> truly a private road,they should be allowed to handle those responsibilities through a homeowners <br /> association. Mattick noted that option has been considered in the past but not really pursued. Staff has <br /> not had a lot of time to discuss the proposal and Orono has a long history of doing it the way they are <br /> currently handling private roads. Mattick noted the new property owner has incorporated certain <br /> conditions into the covenant agreement that the City generally requests but that the document does not <br /> contain any sort of dedication to the public of the roadway. <br /> Mattick stated at a staff level there was a concern since this is a change and there was not a lot of time to <br /> consider the overall advantages and disadvantages of doing it this way. There are other communities who <br /> handle private roads as strictly private. Mattick stated in those cases they have a policy that if the <br /> homeowners association does experience some financial problems or other issues,before the City will <br /> take over maintenance of the road,they require the road be brought up to city standards. Mattick <br /> indicated he understands Orono's policy on cul-de-sacs has been not to plow those and that there is a <br /> desire on the part of the residents to keep the roads private as well, which is why the City has not changed <br /> its position on this in the past. <br /> Mattick noted this issue came up Friday and that the purchaser would like to close on the property as soon <br /> as possible. <br /> Printup asked if they are looking for something where the homeowners association would be required to <br /> maintain the road. <br /> Mattick stated traditionally the road is dedicated to the City but that the City has left maintenance and <br /> plowing to the residents. Mattick stated in some ways there has been a slight conflict between those two <br /> documents over who actually controls the roads. What is being proposed here is eliminating the <br /> document that dedicates the road to the City,which would make it a purely private road that is owned and <br /> controlled by the homeowners association. Part of the reservation at a Staff level was what would happen <br /> if the homeowners association does not work out,which can happen. There can be disputes over the fees <br /> or the association is not well run. Replacement of the road can be a large expense. The underlying <br /> easement allows the City to take over the road,make the improvements, and then assess those properties. <br /> If the road remains private,the City does not have the right to go in there and make those improvements. <br /> Page 4 of 21 <br />