01-09-2023 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING DECEMBER 12, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ Page 12 of 14 Mayor Walsh thinks the public good is that they are cleaning these up and making them developable and livable. These vacations were done where the houses are currently and were done on the 10 acre parcel. This plot of land was done 130 years ago when the water was 15 feet lower and there are plots of land underwater. He noted the person who owned the property the last 30-50 years did not care but in the meantime everything else was vacated. He clarified regarding the DNR their policy is to not approve anything and it is hard to take it seriously from Mayor Walsh’s perspective. He noted the gentleman who said it is not a park was right, and Mayor Walsh knows people have been walking in there. It is not their property and the City Council does not get to tell people how many houses they can build because there are zoning regulations that dictate what one can and cannot do. That is why people buy property in the area they are in. He spoke about Brown Road where people had two acre zoning and people wanted to come in and make it one acre zoning and the City said no. People bought there knowing it was two acres and that is why one buys in an area. He finds it disingenuous for someone to make that comment and a bit offensive to talk about ethical issues. In the 8 years Mayor Walsh has been on the City Council they have had one Planning Commissioner and one City Council Member come before them about a property division or vacation. He noted the members of the City Commissions are all property owners throughout the City and he takes offense that there is some kind of ethics issue. Mayor Walsh understands that people wanted to buy that land and have grudges, however the City Council does not make decisions just because someone brings a bullhorn and has people yell at them. He noted the Council follows the common sense rule, if it makes common sense and they are bettering the community, they have done that over the last eight years. He thinks this is cleaning things up and will be good for the area. The 10 acres to the left is all zoned 2 acres and one can only do so much with it. He is personally in favor of getting this cleaned up and the owner must follow the zoning, setbacks, and everything else. He clarified there cannot be variances for new lots. Walsh moved to approve Resolution 2 reflecting the Planning Commission recommendation for full vacation and reservation of the utility easement within Hattie Place. Crosby would like to discuss this and said regarding the DNR, he has experience with the DNR due to a channel in his area where the timber wall is failing. The homeowners wanted to repair the wall with riprap and rock which is about as natural as one gets but the DNR said no. Therefore the DNR would rather have the old timbers drop into the lake and just leave it alone. Crosby stated that is not an environmental thing, it is a control thing and does not make any sense. When he hears that the DNR would not want this or that, Crosby takes it with a grain of salt. Regarding people going through private property to view something or to access the lake, that is trespassing and people do not have the right to do that. Mr. Johnson noted he would have gone to the meeting regarding the purchase and he was not welcome. Crosby thinks that is unfortunate as there could have been more discussion about concerns. Ms. Williamson, representing the estate, seemed pretty comfortable, which is a good sign. Crosby would welcome Mr. Johnson to talk about what his plans are but if he does not, that is also fine. Controlling what someone does with their own private land, as long as it is within the City Code, the City is not the land police and do not do that, they must play within the rules. Crosby stated the City has vacated old easements that have no purpose. He noted regarding Hattie Place, the City could talk about paving it and making it go all the way through to West Branch. If they have it there and they have the ability to do it, does that mean the City should do it? If it has no place there, then vacating it is not a problem. Crosby seconded the motion. VOTE: Ayes 4, Nays 0.