09-09-1985 Council Packet - Laserfiche WebLink

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MINUTES OF THE: REGULAR ORONO COUNT 11, MEETING HELD SEPTFJ413F.R 9, 1985. PC 4 #930 SHAVER/TI:ARSP: 1080 FE:RNDAI.E: .tOAD WEST RIPARIAN ISSUE: Jim Shaver, 259 E. Lake, Wayzata, and H.H. Tearse, 1840 Fox St., were present for this matter. Also present was Attorney John J. Taylor, Dorsey & Whitney, representing the Shaver/Tearse interests and Attorney Walter H. Rockenstein II, Faegre & Benson, representing an abutting neighbor. City Administrator Bernhardson explained the background of this issue being the status of riparian rights to a 251x25' lot, also owned by same owners, which is currently under water in the lagoon. John Taylor Rave a brief history of the property and stated the applicant's request to use part of the city right-of-way to step on to a dock. Taylor also noted that there is 8-1/2 feet from the road to the water at this time. Councilmember Frahm questioned the width to provide a safe shoulder. City Engineer Cook stated that new roads require 6-8' of shoulder, but existing city roads should have 6' conservatively. Council questioned the liability if an accident should occur on city right-of-way from the dock. Mr. Rockenstein stated that the liabilitywould be the city's responsibility unless they required a harmless clause in the agreement, however, even with this clause the city may be held liable if the financial capability is not provided. City Attorney Radio submitted his opinion regarding these issues, which clearly indicates the applicant's right to use a portion of the city's unused right-of-way and the right to construct a dock. Radio's opinion also listed several concerns to be considered. It was noted that. Ralph C. Bagley, 1105 Ferndale West, has written the Council indicating his objection to the use of city right-of-way. Councilmember Hammerel stated that more was being read into this matter than necessary as there are numerous docks like the applicant is requesting and because the owner bought this lot with riparian access rights, he should be able to sell it as such. City Attorney Radio stated that the property owner is paying taxes an this piece of property, which just happens to tw under water, and has the right to utilize this property.