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MINUTES OP THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 9, 1985. PG 4 <br />#930^HAVER/TEARSE <br />^"TEtTFERNDALE ROAD WEST <br />riparian issue <br />Jim Shaver, 259 E. Lake, Wayzata, and H.H. Tearse, 1840 Fox <br />•» present for this matter. Also present was <br />ch!?, /Jn Taylor, Dorsey & Whitney, representing the <br />TT interests and Attorney Walter H. Rockenstein <br />II, Faegre & Benson, representing an abutting neighbor. <br />City Administrator Bernhardson explained the background of <br />this issue being the status of riparian rights to a 25*x25* <br />lot, also owned by same owners, which is currently under <br />water in the lagoon. <br />John Taylor gave a brief history of the property and stated <br />the applicant's request to use part of the city right-of-way <br />to step on to a dock. Taylor also noted that the e is 8-1/2 <br />feet from the road to the water at this time. <br />Councilmember Frahm questi>ned the width to provide a safe <br />shoulder. <br />Engineer Cook stated that new roads require 6—8 * of <br />shoulder, but existing city roads should have 6* <br />conservatively. <br />Council questioned the liability if an accident should occur <br />on city right-of-way from the dock. <br />Mr. Rockenstein stated that the liability would be the city's <br />responsibiity unless they required a harmless clause in the <br />agreement, however, even with this clause the city may be <br />held liable if the financial capability is not provided. <br />City Attorney Radio submitted his opinion regarding these <br />issues, which clearly indicates the applicant's right to use <br />a portion of th< city's unused right-of-way and the right to <br />construct a dock. Radio's opinion also listed several <br />concerns to be considered. <br />It was noted that Ralph C. Bagley, 1105 Ferndale West, has <br />written the Council indicating his objection to the use of <br />city right-of-way. <br />Councilmember Hammerel stated that more was being read into <br />this matter than necessary as there are numerous docks like <br />the applicant is requesting and because the owner bought this <br />lot with riparian access rights, he should be able to sell it <br />as such. <br />City Attorney Radio stated that the property owner is paying <br />taxes on this piece of property, which just happens to be <br />under water, and has the right to utilize this property.