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MINUTES OF THE REGULAR ORONO CITY COUNCIL <br /> MEETING HELD ON OCTOBER 27, 1997 <br /> (#13 - Stubbs Bay Public Lake Access- Continued) ,t� <br /> � <br /> Kelley asked if Olsen�vould like to have fu.rther time to review the information. Olsen <br /> said she would like to further discuss the matter. Barrett said he would be happy to <br /> participate. <br /> Jabbour reviewed Olsen's options: 1)to challenge the City by court action to retrieve the <br /> property, noting the City can document its use; 2) note the piece of land removed from <br /> her total land and be reimbursed by the title insurance and buffer the remaining property. <br /> Jabbour said the portion lost is about 5-6' but a major portion remains and should be <br /> protected. Jabbour and Kelley agreed that the Olsen's should pursue recourse from their <br /> title insurance company. <br /> Jabbour asked Gaffron to become involved in the issue and determining what has <br /> .. occurred. He asked Gaffron to review aerial photographs. <br /> -- Kelley reported there is also an issue of liability noting the possibility of problems with <br /> the ditch. Kelley said the issue may take time to resolve. He noted changes have <br /> occurred on the property and could create problems for snowmobiling this winter with <br /> the stakes, tree branches, etc. Olsen noted that concern for liability is what brought the <br /> issue to this point. <br /> Flint said if the property is public, the liability lies with the City. Kelley agreed but ,1 <br /> noted that the Olsen's could become tied up in the issue as well. <br /> Flint noted the importance of distinguishin�the property to eliminate ftuther <br /> encroachment. He suggested the use of posts and plantings. <br /> • Jabbour said the issue will be revisited at the next Council meeting. Meanwhile, Olsen <br /> will meet�vith Gappa, Gaffron, and Moorse to review the information. <br /> Jabbour asked whether fencing was an issue for Mrs. Olsen. He asked Gaf&on�o clariiy <br /> what can be done in the lakeshore. Gaffron said no fence can be placed in the 0-75'. He <br /> noted that staff needs to review fence issues with Mrs. Olsen. A 3-1/2' high fence is <br /> allowed outside the 0-75'; no fence or storage can occur in the 0-75' setback. Olsen <br /> received clarification on the ordinance regazding�vhere fences can be located,the height, <br /> and the problem with overlapping zones. Olsen indicated that they have repaired a fence <br /> at the same height as existing with removal of one section that was located within the 75' <br /> setback. <br /> 16 <br />