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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) <br />Kelley asked if Olsen would like to have further 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 • <br />noted that the Olsen's could become tied up in the issue as well. <br />Flint noted the importance of distinguishing the property to eliminate further <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 with Gappa, Gaffron, and Moorse to review the information. <br />Jabbour asked whether fencing was an issue for Mrs. Olsen. He asked Gaffron to clarify <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 regarding where 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 />0 <br />16 <br />