Laserfiche WebLink
. . <br /> MINUTES OF THE REGULAR ORONO CODNCIL MEETING HELD SEPTEMBER 9, 1985. PG 4 <br /> #930 SHAVER/TEARSE <br /> 1080 FERNDALE ROAD WEST <br /> RIPARIAN ISSUE <br /> Jim Shaver, 259 E. Lake, Wayzata, and H.H. Tearse, 1840 Fox <br /> St. , were present for this matter. Also present was <br /> Attorney John J. Taylor, Dorsey & Whitney, representing the <br /> Shaver/Tearse 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 there is 8-1/2 <br /> feet from the road to the water at this time. <br /> Councilmember Frahm questioned the width to provide a safe <br /> shoulder. <br /> City 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 liabilitywould be the city' s <br /> responsibility unless they required a harmless clausein 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 clearlyindicates the applicant ' s right to use <br /> a portion of the 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. <br />