11-25-2019 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, November 12, 2019 6:00 o'clock p.m. Johnson stated he was bringing a fact to light, that the one that is there is not reasonable. Walsh agreed, stating it is steep going up and down. Rief pointed out if the City decides not to vacate anything or come to an agreement with the easement or the current path that goes across the private property, an option would be to, at the end, go to the right- of - way down the left side, which is a 10-15 foot drop in elevation rather than 20-25 as it is currently. Johnson commented that would bring you onto the DNR land. Rief agreed and pointed out the up -trail on the map, which would bring people to the DNR land. Walsh asked whether anyone from the public would like to comment. Mr. Bill Griffith, representing the applicants, said the issue comes up as a result of concerns about public safety at the end of the road and other places when people discover they have to turn around and there is no place to turn around. In meeting with City officials onsite, given the 2020 project, it made sense to bring forward the opportunity to vacate some of the right-of-way, obtain right-of-way, and maybe resolve some of the issues on a permanent basis. One of the reasons Mr. Bonnett proposed the alignment of the trail at the location is because it creates the most flexibility in the future in terms of the property being potentially subdivided. Mr. Bonnett is willing to look at other options. For example, an option would be to run along Orono Orchard Road within the edge of the property and straight back to the Luce Line. As the Mayor suggested, sometimes the benefit is cleaning up titles and issues that have existed for decades. And the defining is, if there is no public use/benefit of the right-of-way, the City essentially vacates it and it goes back to the adjoining property owners. There is a public benefit to the vacation application because it results in additional right-of-way in exchange to provide the cul-de-sac. The Bonnetts view this as doubling potential access, so they offered to continue the access over his property and also provide this potential permanent right. He and the applicant have not had a chance to discuss the Mayor's suggestion, but Mr. Bonnett will give the Council his perspective as the property owner. The applicant has agreed to the City's conditions, it provides a public benefit, a public safety benefit, and an even exchange in providing the right-of-way. They believe it will be a benefit to the private owner and the City, and they are present to work through the issues. Mr. T.J. Bonnet, 40/45 Smith Avenue, stated he is not here to block anyone from accessing the Luce Line. He thinks if the issue was important to everyone on the block, it would probably have been addressed in the last 20 years. He believes the big concern is all of the turnarounds because of the 6 Smith Restaurant. There are five places of access from the golf course corner to the Palmers' house to the Luce Line, most of which are on private property like his. All the residents are fine with this. If the vacation goes through, there will be six places of access. Initially when this was discussed, the City wanted his land to solve this issue and suggested giving him, in exchange, the end of the street, which is about 23 paces to the end of the pavement. He thinks Almo got thrown in because the Whiteley's said if 45 Smith Avenue is developed, that house could move a little bit away from the property. Whiteley's called and asked their name not to be used, but that is the only reason Bonnett's asked for Almo. He said they do not need the unimproved spot. Mr. Bonnett said there are a number of emotional appeals about the Luce Line access but most are from people who don't live at the end of the Smith cul-de-sac. The safety from the vehicles is the issue, not the path. The former residents of 40 and 45 Smith all support this plan, and he named several people. Several Page 5 of 17