01-08-2024 CC Agenda Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING December 11, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 9 Crosby moved, Johnson seconded, to approve the Agenda and the Consent Agenda as submitted. VOTE: Ayes 5, Nays 0. COMMUNITY DEVELOPMENT REPORT 19.LA23-000045, ELLETTE ANDERSON, VACATION OF ROW BETWEEN 1250 AND 1260 SPRUCE PLACE City Planner Curtis gave a presentation on the item, stating the applicant is requesting to vacate the unimproved right-of-way situated between 1250 Spruce Place (owned by James and Melissa Easley) and 1260 Spruce Place (owned by Ms. Anderson, the applicant). There are no City utilities within the right-of- way; however, there are riprap spillways facilitating overland drainage from Spruce Place, retaining walls and approximately 900 square feet of the Easley’s driveway. The Planning Commission recommended approving the vacation on condition of maintaining a drainage easement over the strip. Positive public comments were received. The City Engineer does not recommend vacating the right of way as the site serves as a drainage way for the area and it has also been identified as a possible future public accessway to the lake. The access has a public purpose because of the drainage way, Curtis said. There are identified lake access points in this area including Sandy Beach located to the south, which is established as a swimming beach, and the City’s fishing dock off of Loma Linda Avenue to the north. Both access points are less than 500 feet from this location. Curtis explained the challenge with vacating rights-of-way is that vacation is final. Should the public or the City have access or utility needs in the future, the cost to taxpayers to reacquire the property will be at a premium, she said, so vacation reduces options for the City in the future. Staff recommends denial of the request to vacate the right-of-way at this time as there is currently a public benefit for drainage purposes and the future purpose of the land is undetermined. Ellette Anderson said her family has maintained this property for more than 50 years including managing the drainage in the easement and into their basement. Her mother had a letter from the City in 1979 stating that this property had no use for a public purpose. Also, there are three lake accesses within 500 feet. The one three houses down from her home is heavily used, she said. The vacation would allow the Easleys to pave their driveway and have a safer access. They have the only unpaved driveway in the neighborhood. When her family bought the home the easement was a muddy mess full of garbage and the residents cleaned it up and took care of it. She said they are happy for the City to have an easement there to take care of drainage. Mayor Walsh stated it is the habit of the DNR to say no but the City has been trying to clean these up and do what makes common sense. He noted the strip no longer serves as a fire lane and said he would be in favor of granting the vacation and maintaining a drainage easement. Benson asked about the issue of erosion and gravel from the driveway going toward the lake. Easley said they had not approached the City about that problem previously. He does not see how people can get down to the water there. Edwards said even if this strip was vacated, because of the drainage easement, there would still need to be encroachment agreements for the driveway and any retaining walls. 5