8.2. SR 01-19-2016 - Laserfiche WebLink

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F.The petition to vacate a portion of York Street has been submitted to the Commissioner of the Department of Natural Resources for evaluation and the Commissioner has advised the City that: (1)Access to Lake Orono from the south or southeast does not appear to exist. (2)The site does not lend itself well for vehicular parking by users (as it functions now). (3)Consideration could be given to providing a narrow access to the lake, thereby retaining access to the lake for recreational or aesthetic uses. (4)There is a recreational resource value in keeping the road or retaining access to the lake in public ownership to accommodate public access for canoe/kayak carry-in, winter access (for snowmobiles or other means), shore fishing opportunities, or just allowing the public a chance to view and enjoy the lake. (5)Based on the information provided and risking the loss of public access to Lake Orono on the south side of the lake, the DNR opposes the York Street vacation being considered. G.The public street proposed to be vacated is the only public access to the east lobe of Lake Orono and could be used for a number of potential activities, for example, lake/river maintenance, emergency access, snowmobile access, or general public access. H.The City’s Parks and Recreation Master Plan identifies connections to the rivers/water as an important community interest. I.Although the City granted prior requests in 1874 and 1973 to vacate public streets which terminate at Lake Orono, more recently the City has denied such requests. A request to vacate this portion of York Street was denied in 2006 and a request to vacate a portion of Western Avenue and Park Lane which terminate at Lake Orono was denied in 2013. J.There is no evidence that the portion of York Street proposed to be vacated has been used in recent years in an improper, lewd or unlawful manner, not that it has been used for public parking or snowmobile access to Lake Orono. Any improper or illegal use of this portion of a public street can be controlled by appropriate regulation and enforcement, similar to all public streets in the City. K.There is no evidence that the portion of York Street proposed to be vacated has caused any unusual maintenance or clean up obligations on the City. Any such maintenance responsibilities are similar to all other public streets in the City. L.There is no evidence that denial of the petition to vacate this portion of York Street will increase traffic and parking on Main Street. M.After consultation with the City’s liability insurance carrier, City staff has determined that denial of the petition to vacate this portion of York Street will not have any impact on the City’s liability insurance premiums, nor would it create any liability of the City to lawsuits beyond that similar to all public streets in the City. N.After consulting the Sherburne County Assessor, City staff has determined that vacating this portion of York Street will have a minimal impact on the City’s real estate tax collections, approximately $150 per year, which the City Council finds is not sufficient to outweigh the public benefits of keeping the public street and the public access to Lake Orono. O.The City Council finds, based upon the entire record in this matter before the Council, that the portion of York Street proposed to be vacated is not useless for access to Lake Orono, that the public will not benefit from vacation of this portion of York Street and that, therefore, by state law, this portion of York Street should not be vacated. 2