HomeMy WebLinkAboutResolution 6978 CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
SHo� No. 6 9 7 8
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RESOLUTION DIRECTING STAFF TO
ISSUE A JOINT USE DOCK LICENSE
TO BIG ISLAND, INC.
SUBJECT TO CONDITIONS NOTED HEREIN
FOR THE PERIOD OF JANUARY 1, 2019 TO DECEMBER 31, 2019
WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation
organized and existing under the laws of the State of Minnesota and has the authority and
responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et.
seq., to protect the health, safety, and general welfare of the citizens of the City and other
members of the public within the City; and
WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit
of the City of Orono with the Lake Minnetonka Conservation District and the Department of
Natural Resources of the State of Minnesota; and
WHEREAS, the regulation of the navigable waters involves an exercise of police
power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to
all equal enjoyment of the public rights and equal protection from activity on or near the public
waters and on the land within the City which, if unregulated, may be detrimental to the public
health, safety and general welfare; and
WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate
the property rights of the riparian owners both as to residential owners and the commercial
marina owners to the extent prohibiting any interference with the public waters adjoining their
property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters
by protecting against interference by anyone, including those who assert the common law rights
of riparian owners, whether or not they be commercial marinas or residential owners;
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6 9 7 8
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WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between
and is shared by riparian owners and the public generally, no one riparian owner has exclusive
privileges over Lake Minnetonka. The only additional private right that any riparian owner may
have over the public generally is to construct one dock to the navigable depth of the public
waters. There can be no dispute but that the public generally and each riparian owner to Lake
Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable
purposes in common with all other riparian owners. This right is a right not only to members of
the public but the right to each riparian owner.
This mutual right of enjoyment which is shared by riparian owners and the public generally
includes the recreational benefits of the lake such as boating and fishing therein; the riparian
owner has no exclusive privileges to these rights; and
WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only
as long as all riparian users of the lake are regulated in such a way as to ensure there is no
abuse of the limited riparian rights; and
WHEREAS, the City has adopted reasonable regulations regarding the
construction and use of lakeshore and dock facilities when such facilities are used and
maintained by three or more families, which regulations include the annual licensing of Joint
Use Docks pursuant to Section 94-37 of the Orono Municipal Code; and
WHEREAS, the purpose of this Resolution is to set forth the above noted general
conditions and concerns and the following special conditions as they relate to an application for
an annual Joint Use Dock License described below:
A. LICENSEE: Big Island, Inc.
Dock Address: 520 Big Island
Agent: Mark Schoelle
Address: 8742 Leeward Circle; Eden Prairie, MN 55344
Licensee is: Incorporated Club or Recreational Group
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6978
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B. BOAT DENSITY
The number of in-place boat slips, lifts and buoys shall not exceed 12 as shown on,
Exhibit A, and in accordance with Resolution 938, in no case shall the number of
authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's
license.
Authorized Boat Density:
Bay Lower Lake
Transient (Day use only) Slips 12
Permanent Moorage Slips 0
Boat Lifts 0
Subtotal Slips at Dock 12
Offshore Buoys 0
Maximum Boats in Water 12
Maximum Boats per Prior License 14
MAXIMUM BOAT DENSITY 12
*Per Resolution No. 3006, occasional overnight camping allowed.
Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts
or buoys is a violation of this license subject to revocation and/or prosecution for
violation of Section 94-37 of the Orono Municipal Code.
C. DOCK LAYOUT
The dock structure or layout authorized by this license shall be as shown on attached
Exhibit A. Any changes in this layout shall be subject to prior review and approval of the
City Council.
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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D. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or
the LMCD. The issuance of this license is subject to full compliance with these
conditions. Failure to comply with these conditions is cause for license revocation
and/or prosecution by the City.
1. Licensee shall comply with all requirements of City of Orono Resolution No. 3006.
2. The maximum allowed boat density per Resolution No. 3006 is 14 total slips. Any
increase above this number of slips shall be subject to licensee first obtaining
Conditional Use Permit approval from the City. The number of slips licensed for the
current license period is 12 .
3. This approval grants a 2019 Joint Use Dock License to the licensee for 12 slips.
Applicants are advised of the need to henceforth apply for a City of Orono Joint
Use Dock License annually.
E. Nothing in this license shall confer upon any person for the benefit of any property any
vested right to use Lake Minnetonka or the premises in a manner permitted by this
resolution, but the use of Lake Minnetonka and the premises shall remain subject to
such regulations and ordinances as the City and other competent regulatory authorities
shall deem necessary from time to time in the public interest.
F. STYROFOAM DOCK ADVISORY. Licensee is advised that the use of unprotected
Styrofoam as a dock flotation material has been banned per Ordinance No. 104, Second
Series.
WHEREAS, on November 22, 2010, the City adopted Resolution No. 5990,
establishing the policy regarding certificate of survey requirements for joint use dock licenses.
WHEREAS, Big Island, Inc. has submitted a survey dated, March 1, 2018 which
complies with Resolution No. 5990.
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
tiF �e NO.
6 9 7 8
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NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and
conditions noted above.
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this
13th day of May, 2019.
ATTEST:
a/c�— 4k��)
nna Carlson, City Clerk Dennis Walsh, Mayor
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