12-09-2019 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,December 9,2019 6:30 o'clock p.m. heard and addressed,the landowner's application should be heard and addressed,and ultimately the Council will decide if the Right-of-Way is excess to its needs or if it needs to be retained. This isn't a trade or what's the highest dollar value you can get, because you can't sell Right-of-Way. You vacate it and it goes back to the adjoining property owners from whence it came. It isn't a bargaining tool: The City Council isn't over a barrel nor is the applicant over a barrel. It's really about public need and how can the public need best be served. Mr. Griffith said the addition of the cul-de-sac is a public safety improvement,which Staff has said from day one. As the landowner,you look at what is the area of land that can accommodate that without paving the rest of the property. The blacktop which exists today will be pulled out and eventually be green space, and the trail will connect from the bulb of the cul-de-sac. The next question is how to serve the utilities. There is a manhole in the middle of the cul-de-sac and that utility service will remain, which is satisfied by the plan. Staff requested easements around the cul-de-sac to provide for a utility corridor,which is also a public benefit. The last question was the idea of providing a trail connection. Previously, other locations were looked at for the trail, and there were a lot of discussions with Staff to provide the trail in the right location. The path of least resistance was to go over the existing trail. Folks have been using it, it makes sense,the grades are workable and manageable,and it's basically a mowed grass trail today. That was also part of the Mayor's and Council's direction. It was also Staffs direction when getting down to the last alternatives. That is the logical place for the trail. The trail becomes public rather than private, so it provides a new benefit to the public that isn't there today. The 10 feet of width is plenty to accommodate what is there today. If the City desires to improve it at some point,the applicant can provide for temporary construction easements, because then it gives the City what they need to build and maintain the trail, but it does not encumber the property in a way that it becomes a detriment to using the property if the applicant wants to redevelop or otherwise. There is a way to satisfy that need without having a 20-foot wide corridor permanently. The bottom line is, is there more public benefit in going forward with this application than having it withdrawn or the conditions such that the applicant can't agree to go forward. Ms. Stacey Quinn, 125 Smith, asked how she would get to the trail if she is at the end of the cul-de-sac. Walsh referenced the map and said where the dotted line is would be the trail. Ms. Quinn asked whether the dotted line down the middle of the property would get her to the trail and that it would be an easement. Walsh confirmed her statement. Ms. Quinn stated it was not clear and asked Barnhart questions about the location of the easement, property lines,the Bonnett property, how to get to the trail,the existing trail,all of which Barnhart answered using a map. Ms. Quinn said she has lived at 125 Smith for 12 years. She believes the Bonnetts have been there 6 years. The trail worked fine before; it was a nice footpath to get to the Luce Line.Residents are not looking for a snowmobile trail. She would prefer they keep a trail at the end of that street. There doesn't need to be anything cleaned up,which the Mayor has referenced, and in her opinion, it is working fine. Walsh said it is working right now but it is going through somebody else's property. The proposal would make it official that the trail would never go away. Page 13 of 34