10-27-1997 Council Minutes - Laserfiche WebLink

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MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 27,1997 ( #13 - Stubbs Bay Public Lake Access - Continued) • Goetten noted the problem with travel on the access during the winter months. Gappa confirmed that there is alot of snowmobile traffic and difficulty in enforcing the use of the City property rather than that of the Olsen's. Gappa said it is problematic getting to the City access with the steep bank. Gappa suggested the City consider acquiring the land owned by the Olsen's for access or make improvements to the City property to make it more desirable to use. Jabbour said the City and general public have used the land owned by the Olsen's for many years, noting it is used for parking, an occasional boat launch, and exercising of animals. Jabbour received confirmation from Mrs. Olsen that she does not want the City using her property any longer and is planning on barricading it. Jabbour asked Barrett what the City's legal position is regarding the access. Barrett said, according to Minnesota law, the City has acquired the right -of -way through dedication, as it has been openly used and maintained by the City for more than 6 years. Barrett noted the improvements are obvious to the eye when viewing it. He suggested the Olsen's may have recourse with their title insurance company for the loss of the property and cost of the survey. Barrett said the City does not have fee title but does have a road easement. Gappa said the Olsen's are objecting to this opinion. Jabbour said, assuming the City has ownership, is the City interested in maintaining it. If so, what should be equitably decided regarding the Olsen's. If it is determined that it is not essential for the City to maintain the access, how can the City return the property to the Olsen's if they now have the right to the property. Barrett said a formal vacation would have to occur to return the property to the Olsen's. Jabbour said that would include a public hearing. He questioned whether the DNR would have to be notified. Gaffron said any change to a piece of right -of -way along the lakeshore requires contact with the DNR. Jabbour noted that all parties concerned have an interest in solving this issue as soon as possible. Lisa Olsen, 3580 Bayside Road, referenced her letter, which includes information on the property and the outcome from the meeting she attended with the Park Commission. Olsen questioned whether the Council feels the information is in contrast with what Gappa has in his report. She distributed a photo of the property. She noted the dock was placed on City property this summer. 0 14