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City Council Minutes Page 4 <br />November 2, 2015 <br />10.2 Lake Orono Right -of -Way Access <br />Mr. Leeseberg presented the staff report. <br />Councilmember Westgaard stated the advantage to keeping the access is in case the <br />city ever needs to access the lake from the opposite side of where it currently has <br />access. He agrees that once the access is given up the city could never get it back. <br />Mayor Dietz stated this request is unique in that the public is asking for access to the <br />lake. <br />Councilmember Westgaard noted most people most likely don't know there is land <br />accessible to the lake. <br />Mayor Dietz questioned if there is a way to maintain the driveway and still allow the <br />public to have access to park. <br />Mr. Leeseberg stated it would be a tight fit to allow public to park on the driveway. <br />Councilmember Wagner stated if she lived here she feels it would cause issues fox <br />the adjacent homeowner's if the access was opened up to the public. <br />Councilmember Westgaard stated there are two issues: <br />1. Whether the city is comfortable with giving up access to the land by vacating <br />it; and <br />2. if the city keeps the right-of-way, how does it handle access. <br />Attorney Beck stated because there is an application requesting the city vacate this <br />parcel it should wait until the public hearing before getting involved with too many <br />specifics. He stated the Council should consider why it may be good to maintain this <br />access on the south side of the lake and highlighted the example of when the lake <br />was dredged and trucks were hauling away material. He stated the city would have <br />some options available to them if they decide not to vacate the right-of-way, such as <br />a formal agreement or licensing agreement with the adjacent owner, or opening it up <br />and establishing rules for public access. <br />Attorney Beck suggested the Council provide staff direction regarding the <br />establishment of criteria on a broader basis for all the water accessible right-of-ways. <br />He stated in most cases it is in the public's interest to keep the easement but the city <br />may want to consider setting up criteria on how they are allowed to be used. <br />Mayor Dietz stated each of the right-of-ways should be evaluated to determine <br />whether they make sense to keep. <br />POV 1111 B1 <br />NATURE <br />