10-28-1985 Council Packet - Laserfiche WebLink

Home Browse Search

J MINUTES OF THE REGULAR ORONO COUNCII, MEETING FI},I.D SEPTEMBER 9, 1985. PG 4 /a30 ffAVER/TfsARSE D- FERNDALI? ROAD WEST RIPARIAN ISSUE Jim Shai,er, 259 :. Lake, Wayzata, and 11.1f. 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 If. Rockenstein II, Faegre & Benson, representing an abutting neighbor. City Admini :ator Bernhardson explained the background of this issue being the status of riparian rights to a 25'x25' lot, also owned by same owners, which is currently under water in the lagoon. John Taylor gave 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. Cour lmember Frahm questioned the width to provide a safe shoulder. City Engineer Cook state' 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 t2- t the liabi.li.ty would 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 F'-rndale Wcst, has written the Council indicating his oL jection to the use of city right. -of --way. Councilmember Hammerel stated that more was being read into this matter than necessary as the re are numerous docks like the appl i .a..t is requesting and because the owner bought this lot with : parian access ri(Itits, h(, should be able to sell it as such. City Fttorney Radio stated that the property owner is paying taxes on this piece of property, which just happens to be under water, and has the right to utilize this property.