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 3 of 9 Jay Nygard, 1386 Rest Point Road, said he had put in for a minor property adjustment years ago where he owned the property on both sides. The City spent all kinds of time working on his vacation request, he said, and then denied it while the Council is considering giving City land to these property owners. Easley said they had not made any changes to the driveway since they have lived there. The driveway existed that way when they brought their property. Johnson said if this property was identified as even being on the fringe of being a public use there would need to be an agreement in relation to that. If the City’s land is causing a problem for the landowner the City should be maintaining it so as to not cause a problem for the neighboring property owners. He said he was not in favor of granting the vacation but could be in favor of the property owner to the north getting an easement, although he sees no need for that large a driveway. He said he agreed the criteria for a vacation had been met but thought the same solution could be reached with an encroachment agreement. Benson said the bar for vacation of public land in the City is high by design. It is important to recognize that public land is a precious resource that requires oversight because when the Council decides to vacate land it will not be returned to the public, she said. Looking at history, the City had 41 lake accesses three years ago and today it is 39. She asked if this request aligns with 2040 comprehensive plan which states that the City will retain lake access for residents. The intention is to retain this public land, she said. Whether anyone is actually using the access has no bearing. She also pointed out the City staff and the DNR had recommended denial. With respect to the driveway, she said it could be solved without a vacation. She noted State law says that vacation must have a public purpose. This may benefit the neighboring properties, but she said she is struggling to see how it will benefit the community at large. She said she is not supportive of the idea of vacating public land to resolve an issue that is a real one for sure, but could perhaps be resolved in a different way. It sounds like there is history with working with situations where a driveway placement or drainage may be impacting people negatively, she added. Veach noted that there is an access three houses down. She said she listened to the Planning Commission discussion and said it seemed the vacation with a drainage and encroachment easements would be beneficial to the neighborhood. Walsh said he believes the request does meet the necessary qualifications. Crosby said the easement is not being used by the City and never will be, and there is a nearby better access. He would be comfortable with following the recommendation of the Planning Commission. Edwards explained the strip is currently a right-of-way and changing to a drainage easement would reduce the benefit to the City. Walsh moved, Veach seconded, to direct staff to bring a resolution for the vacation of the easement with a drainage easement and an encroachment agreement for the items within the easement for LA23-000045, between 1250 and 1260 Spruce Place. VOTE: Ayes 3, Nays 2 (Benson and Johnson). FINANCE DIRECTOR REPORT 20.ADOPT 2024 LONG LAKE FIRE DEPARTMENT OPERATING BUDGET 6