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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 8, 2012 7:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 21 PLANNING DEPARTMENT REPORT 5. #12-3562 ARTHUR J. NELSON ESTATE, 400 WILLOW DRIVE SOUTH – PLAT OF WILLOW HILL – 1ST AMENDMENT TO DEVELOPMENT CONTRACT AND ROAD EASEMENTS/COVENANTS Mattick stated the Nelson family is asking for an extension to the development contract, which is a standard request. The original developer has placed the property on the market and the new purchaser had requested the extension. Also before the City Council are the road easements/covenants. Orono has a history of creating what it considers to be private roads. The City utilizes a dedication document to establish private roads and also places certain terms and conditions on the property owners to ensure that the road is properly maintained. Mattick stated the current procedure is somewhat cumbersome and can create some problems. The City has a number of publicly controlled roads where the City has delegated maintenance responsibilities to private individuals. In this particular development, the new purchaser has brought up the fact that if it is truly a private road, they should be allowed to handle those responsibilities through a homeowners association. Mattick noted that option has been considered in the past but not really pursued. Staff has not had a lot of time to discuss the proposal and Orono has a long history of doing it the way they are currently handling private roads. Mattick noted the new property owner has incorporated certain conditions into the covenant agreement that the City generally requests but that the document does not contain any sort of dedication to the public of the roadway. Mattick stated at a staff level there was a concern since this is a change and there was not a lot of time to consider the overall advantages and disadvantages of doing it this way. There are other communities who handle private roads as strictly private. Mattick stated in those cases they have a policy that if the homeowners association does experience some financial problems or other issues, before the City will take over maintenance of the road, they require the road be brought up to city standards. Mattick indicated he understands Orono’s policy on cul-de-sacs has been not to plow those and that there is a desire on the part of the residents to keep the roads private as well, which is why the City has not changed its position on this in the past. Mattick noted this issue came up Friday and that the purchaser would like to close on the property as soon as possible. Printup asked if they are looking for something where the homeowners association would be required to maintain the road. Mattick stated traditionally the road is dedicated to the City but that the City has left maintenance and plowing to the residents. Mattick stated in some ways there has been a slight conflict between those two documents over who actually controls the roads. What is being proposed here is eliminating the document that dedicates the road to the City, which would make it a purely private road that is owned and controlled by the homeowners association. Part of the reservation at a Staff level was what would happen if the homeowners association does not work out, which can happen. There can be disputes over the fees or the association is not well run. Replacement of the road can be a large expense. The underlying easement allows the City to take over the road, make the improvements, and then assess those properties. If the road remains private, the City does not have the right to go in there and make those improvements. Item #02 - CC Agenda - 10/22/2012 Approval of Council Minutes 10/08/2012 [Page 4 of 21]