11-12-1991 Council Packet - Laserfiche WebLink

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To: <^c- Proa: Dates Subject s Mayor Peterson and City Council Ron Moorse, City Administrator Jeanne A. Mabusth, Building & Zoning Adminy^^iratr^p November 6, 1991 .. % #701/726 Dragonfly Hill Plat - Subdivision^fecation Application Approved in 1983 - Request of City to Fulfill Condition of Approval List of Exhibits - A - Written Request/Representative of Edward Hamm B Resolution #1462 C - Plat of Dragonfly Hill D - Survey - Lot 1, Block 2 Background on Applicaton #701/726 In 1983 the City reviewed a proposed lot line rearrangement between the David Duff and william Gregory properties. During that review certain title and confusions in actual ownership resulted in Edward Hamm joining in the preliminary subdivision application. During that review the applicants, specifically the Gregorys, sought the vacation of a section of an unimproved dedicated right-of-way known as Brackett Avenue (Molly's Corner) used as an informal parking area serving fisherman and local peddlers. As was expected, there was a public uproar and it became apparent to the City that if Molly's Corner parking area was to be vacated (remember this was the era of the 80's when the DNR was attempting to increase public access to all lakes) that the public needs could be addressed by providing direct public access to lake and parallel parking along County road adjacent to Brown's Bay. The City conditioned approval of the vacation upon the applicants deeding the lakeshore outlets A and B to the City of Orono. Refer to Page 16 - Condition 3 of Resolution #1482. Condition 3 (B) obligates the City to construct a fence between Brown's Bay shoreline outlot and the Hamm property intended to discourage trespassing. Mr. Miller's letter suggests a privacy fence in dealing with trespass problems. The City has found that a 3-1/2* high fence is suitable. A privacy fence also suggests 100% opaqueness. The privacy fence can be of a cyclone- type fencing providing zero opaqueness. In reviewing the City Clerk's official files. Resolution #1482 was never fully executed by all three property owners. The City has accepted deeds for the out lots and continues to maintain the access for the public use. As for the issue of trespassing, staff can confirm for other property owners who own property adjacent to the Hamm property that trespassing is an issue for all landowners within this area along Brown's Bay. Council may wish to have the City Attorney comment as to the validity of the r olution that was not fully executed by all parties. Has the City obligated itself in the accepting of deeds to the lakeshore outlots?