11-23-2015 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 23, 2015 7:00 o'clock p.m. Walsh stated it does not make any sense to chop it off. Walsh asked what Mr. Barkley wants the property for. Jacob Barkley, 3640 Bayside Road, stated what was explained by Staff is accurate. Barkley stated he did research documents at Hennepin County which showed that 3640 was the original homestead and then it was subdivided into four lots. Barkley stated what happened with that is that everybody in that development ended up with dockage, which occurred somewhere in the early 1970s. In the 1930s, the lake was way down and they tried to sell lots in the lake. As the lake filled back up and it went back to a more normal situation, those people who bought the lots quit paying taxes on them and forfeited them to the City. Barkley stated in the 1970s, the two adjacent lots to his two lots granted scenic easements to the City, which gave permission for dockage for the residents on Ilene Street. Barkley stated the property at 3625 subsequently got redeveloped and there was a lot combination that took place. That dock then got taken out of the picture. Barkley stated it is really about the strip of land that has dockage for the three parcels and that there is an easement over his property to get to the lake. However, there is no easement from the City to get over the city land but there are all kinds of confusing issues about historical usage and maintenance. Barkley stated he knows the former property owner lived there for over 40 years and that he riprapped the whole shoreline. Barkley stated they are of the opinion that the dockage and easements kind of stay as is and that they thought this would clean it up. Barkley stated they would continue to maintain that property and give comfort to the neighbors. Walsh stated that explanation helps to clear it up. McMillan asked how many docks are on that parcel. Barkley stated the documents from the County indicate there are three owners sharing a dock, which runs into a different issue with the LMCD since there is a multiple dock on city land. Barkley stated there are conflicting bylaws where the use was prior to the inception of LMCD. Barkley stated he just wants to clean it up and that he sees this as the easiest path. Walsh asked if he has ever thought of selling his pieces to the City and then the City granting him an easement. Barkley stated that is a possibility and that he is attempting to protect the neighbors so they can put a dock out and he can go fishing. Levang asked if he spoken to the LMCD and they have indicated they would not give a multiple dock use there. Barkley stated technically the City would need to apply for that and that he is not sure why the City would do that. McMillan stated she is not sure how many docks they would be allowed to have if the City were to sell the 615 feet to Mr. Barkley. McMillan stated she looks at that as a possible option, which would allow the City to keep the easement portion. McMillan stated it probably would have to go before the LMCD but that she is not sure of the legal process that would need to occur. Printup stated it sounds reasonable but that he is not prepared to make a decision tonight. Page 35 of 41