8.2. SR 01-19-2016 - Laserfiche WebLink

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York Avenue vacation discussed - decision to close boat August 18, 1975 landing only, but only after a new landing is constructed June 7, 1976 Boat launching prohibited on York Street July 6, 1976 Request to reopen boat landing Motion to hold a public hearing to reopen the discussion of July 19, 1976 old boat landing August 16, 1976 Boat landing discussion - no decision made September 7, 1976 Boat landing discussion - no decision made Update that action was to prohibit boat launching, not to September 17, 1979 vacate street October 1, 1979 Update that the boat landing had never been reopened November 21, 2005 Vacation request - Vernon Street - denied January 17, 2006 Vacation request - Yale Street - denied On January 17, 2006, the City Council denied a request by Ron Dargis to vacate the same section of York Street. During that meeting two residents spoke, one opposing the vacation and requesting to use the parcel as a boat landing, and the second concerned about future construction on the lot. The rights-of-way for Xenia (Walnut) Street and Watson (Vine) Street were vacated in 1973 and 1874. The purpose given for vacating Xenia Street was “said portion of Walnut Street is not serving any public purpose, and that it would be in the best interest of the public to vacate said portion of Walnut Street.” The purpose given for vacating Watson Street was “after hearing the evidence presented to it in favor of said petition that the said street had never been used or open to use by the public and that it would be to the best interests of the public to vacate the same.” Finally, applicants requesting an easement vacation must pay an application fee and submit an escrow. The fee pays for administrative costs - public hearing notices, administrative time, preparing packets, etc. The escrow pays for professional staff review time preparing staff reports, researching the request, and preparing for and presenting to the City Council. The intent of the two “fees” is to ensure that the tax payers are not paying for requests benefiting an individual applicant. Easement vacation applications do not waste taxpayer dollars and it is staff’s job to process applications, resulting in no negative impacts to the public. Public Interest Examples The City Council questioned what other public interests (other than taxes) may exist for vacating the right-of-way, and staff stated they did not know of any. The applicant’s attorney submitted the following public interest examples. Submitted examples Staffs response The beach at Lake Orono has no supervision and Eliminate possible lawsuits due to hazardous the city’s insurance covers liability on all city structures at the shoreline, and injuries and 1 property such as streets, sidewalks, downtown drownings due to lack of proper city splash pad, mountain bike obstacles, buildings, and supervision. parks. Although the concrete pad is likely in public