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MINi1TES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 27, 1997 (#13 - Stubbs Bay Public Lake Access- Continued) � Olsen said the Ci ro e could be usable if the�veeds were contained and would tY P P �Y provide incentive for those to use it who �vish to. In response to Barrett's comments regarding Minnesota law, Olsen noted that it is common knowledge that the gravel was added in the last five years. Since the gravel was added,traffic has accelerated and caused the slope in the bank. Olsen said she is una�vare of�vhere the dock has been located over the last 20 years but feels it�vas placed arbitrarily. Gappa noted the property was surveyed and staked this summer. Olsen indicated the access is only seasonally used. Olsen said it was her goal to make the property more residential in nature with plantings. Jabbour said it would be possible to document the use of the access back to the - beginning of aerial photography. He indicated he has personally used the property himself to gain access. Kelley said he has used the property since 1979 noting the dock - is usually located to the left of the trail. Jabbour felt confident the City will be able to show use over the past six years. Jabbour said he would like to solve the issue without having to involve other agencies. Susan Wilson said the Park Commission is in favor of maintaining the access as the community does use it. She noted the access has been an amenity to the community but she would not like it located on the Olsen property. It was questioned whether access can be totally provided from the existin� City property and�vhether the portion used by the City and owned by the Olsen's can be vacated. Goetten indicated if it is the desire of the Council taking the facts presented by Barrett to continue the use of the property, she would like to be fair to the Olsen's and reach some agreement. She noted the Olsen's understood the property was theirs when it was purchased. Kelley asked Olsen if the title search revealed the use by the public. Olsen said it did not. Kelley said he felt Olsen would have recourse with the title company. Olsen said she does not believe the ownership by the City is established on that pazcel. Barrett said if the City uses the property and comes onto her portion of the property,that would be the claim for ownership. He said it appears that the property has been dedicated. Olsen said she then questions the facts. Jabbour asked�vhat it would take to establish the facts for Olsen to be satisfied with ownership by the City. He encouraaed Olsen to consider the facts and protect the rest of her property. Jabbour noted he would personally be furious if he lost some of his land, but indicated that the City has their hands somewhat tied as the use has established the City's right to the property. He voiced concern with involvement by the DivR and a �- possible request for a designated trail resultina in further loss. 15