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Home My WebLink AboutResolution 6406 tw f� � O� O ;�, O CITY of ORONO �;��?_ �-1 ' �� -'�� RESOLUTION OF THE CITY COUNCIL �.� ';�. .:�=d�.. � 6 4 0 6 G NO. ��kESHOg'� A RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO PIRATES COVE HOMEOWNERS ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 2014 TO DECEMBER 31, 2014 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 adj oining 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; and 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. Page 1 of 5 � o� O_��,� O CITY of ORONO ��,. �_ - � � �" °y�'� � RESOLUTION OF THE CITY COUNCIL � '� ��° � No. 6 4 0 6 � ��kESH�4� 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, an association of four off-lake property owners (hereinafter referred to as the Pirates Cove Homeowners Association) within the subdivision Pirates Cove are benefitted by an easement for lake access over riparian Lots 6 and 7, Pirates Cove, and have applied to the City for a Joint Use Dock License to formally approve their use of a shared dock system; 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: Pirates Cove Homeowners Association Dock Address: 850-860 Windjammer Lane Agent: Carolyn Broghammer Address: 875 Windjammer Lane, Mound, MN 55364 Licensee is: unincorporated homeowners group Page 2 of 5 � o� O v� O CITY of ORONO � �, . ��i - �.. � (�� d 7 '' �'�, � RESOLUTION OF T�-IE,�C,�TI�COUNCIL �� f V ��, ��1��,:. � NO. d `+ U G ��kEsH�4� B. BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed 7, as shown on the atta.ched plan, E�ibit 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 per attached plan: Bay North Arm Ri arian Owners Off-lake Owners Transient (Da use onl ) Sli s 0 0 Permanent Moora e Sli s 3 4 Boat Lifts 0 0 Subtotal Sli s at Dock(s) 3 4 Offshore Buoys 0 0 M�imum Boats in Water 3 4 Maximum Boats er Prior License NA NA Maximum Boat Density 3 4 Exceeding this m�imum 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 the attached Exhibit A (three slips facing lakeward, one to the side). Any changes to this layout shall be subject to prior review and approval of the City Council. 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 andlor prosecution by the City. 1. Within the shared dock system serving the 4 off-lake properties, no more than 4 slips shall be allowed, one for each of the 4 off-lake lots,to be installed as a single 4-slip dock system. The owners of Lots 6 and 7 shall additionally be limited to no more than 3 total slips combined, but have the option to have those slips as part of the shared dock structure or separate from it at their discretion, subject to LMCD approval. Page 3 of 5 � o� O ,;�� O CITY of ORONO � �;:. a,�L � � � '`��, F RESOLUTION OF THE CITY COUNCIL 6� b�z�. � � � '� �,� No. � n�� kESH�g'� 2. Each boat stored at the shared dock must be registered to one of the four non- riparian lot owners. 3. Rental of slips is not allowed,per City Code. 4. The four(4) off-lake properties which are allowed one slip each are as follows: Address Lot Block PID 865 Windjammer Lane 1 1 07-117-23-12-0028 860 North Arm Drive 2 1 07-117-23-12-0029 875 Windjammer Lane 3 1 07-117-23-12-0030 835 Windjammer Lane 4 1 07-117-23-11-0008 The two (2) riparian properties which are allowed a combine total of 3 slips are as follows: Address Lot Block PID 850 Windjammer Lane 6 1 07-117-23-11-0010 860 Windjammer Lane 7 1 07-117-23-11-0011 5. This approval grants a 2014 Joint Use Dock License to the Pirates Cove Homeowners Association for 4 slips and limits the riparian owners to a combined total of 3 slips. Applicants are advised of the need to henceforth apply for a City of Orono Joint Use Dock License annually. 6. Prior to this license becoming valid the applicants shall provide the City with a copy of the "Re-Stated Easement Agreement" between the riparian owners and off-lake owners. 7. Applicants are advised that this license does not grant approval for any proposed improvements on the land such as site grading, stairways, etc. which require separate building or zoning permits. 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. Page 4 of 5 � o� O ;.,, O CITY of ORONO �� ' �'�� RESOLUTION OF H CIT COUNCIL �'' � �"� ✓� `� � � � � v,� G'�' NO. � ��kESHOg'� 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, the Pirates Cove Homeowners Association has submitted a survey dated April 24, 2014 which complies with Resolution No. 5990 with regards to dock location, but does not provide required information regarding existing improvements to the land encompassed by the easement. Therefore, applicants are advised that such a survey complying with the requirements of Resolution No. 5990 shall be required in order to gain approval for a Joint Use Dock License for 2015. 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 27th day of May, 2014. ATTEST: �a.�_a.-e.�.�' /.��c �-- Rachel Dodge, City Clerk Lili Tod McMillan,Mayor Page 5 of 5 Exhibit A PROPOSED DOCK LOCATION SURVEY FOR b 4 0 6 PIRATES COVE DOCK QWNERS IN LOTS 6 & 7, BLOCK 1, PIRATES COVE HENNEPIN COUNTY, MINNESOTA ""•z�•�o„ W NORTH LPE OF LOT 6 � 47+_ / /� ^�'f�--.. i� � ,��6��o % � �ot i � r �� t�) �µi -20 0 20 40 60 � � / � �0 �v / qry' / SCALE IN FEET 8/ / 7ry�/ 2 / / / / / / NRE55/ECRESS � SOUTH LNE / ��(q{Nr)� AND DOCK, �_=LOT 6 � /r STORAGE ' .• .' �_ � / .......... EASEMENT � ' ,;...... �� o �....�, � �� `" zai� � ....�.'....... o �—�� ./ ��n,_� _ .....'- _ :�:..� � _ .......` : :.: � o ""``.._....f....-"��?-� �. � NORTH LIrE'� �ryg o��=� � � • OF LOT 7 / : � ' s N i nc rosr wesrm�r caw�rs a ne ��°°�`� '��.ss�ensin°F¢x'�rEnoEo t.�� i �-� i �i ti ;s � � � � � �� / � J M,4� Q, i� � � F�¢r� � �r � h,��% � � �8 j�� /�/ � /j /� r %/ / �4 �p � % / � i / C SOUTH LRJE f OF l0T 7 j / `�Qp �/ �O / r 3?*` / �'`�-�� L A K E �_...,._�� SWTH LNE OF�.��"`�-,, M I N N E T 0 N K A LOT 7 EXTEPDED ""�. ��. ...,��' .,,,�,1`M1`+....,... • : DENOTES IRON MARKER FOUND �X�'�" o : DENOTES N20N MARKER SET TOTAL SHORELINE = 197+-FT + 155+-FT = 352+-FT D� I Mnby cxHf tfqt this wrvq,pu4 0�pee�fkation � a,}�. GRONBERG AND ��.��Ko��.��,��. ,•.so� ASSOCIATES, ING «�.�f�5� .ef�,a �.,� CONSULTING ENGINEERS,LAND �-�4-�� SURVE�YOR�STkwS�I�oW P�LA�NNERS ��, 1h12SA LOSNG lA1H�.AN SSS56 11-125A 952-a73-t1s1 Mak A GronDer Afanesota Licanw Nuber 12755