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Home My WebLink AboutResolution 6507CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.�� RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO PHEASANT LAWN HOMEOWNERS ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 2015 TO DECEMBER 31, 2015 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; Page 1 of 5 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 507 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: Pheasant Lawn Homeowners Association Dock Address: 38, Unassigned, PID 21-117-23-23-0014 Agent: Timothy J. Mahoney, President Address: 2760 Pheasant Road, Excelsior, MN 55331 Licensee is: incorporated homeowner's association Page 2 of 5 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 507 B. BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan, 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 per attached plan: Bay Carman Transient (Day use only) Slips 0 Permanent Moorage Slips 5 Plus 1 detached Boat Lifts 0 Subtotal Slips at Dock 5 Plus 1 detached Offshore Buoys 0 Maximum Boats in Water 6 Maximum Boats per Prior License 6 Maximum Boat Density 6 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. Page 3 of 5 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 5 NO. 07 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. The City acknowledges the historic and continued use of this five -slip multiple dock since the 1950's for the benefit of five designated non -riparian properties on the west side of Pheasant Road. 2. The City recognizes the easement over the Pheasant Lawn Homeowners Association commons lot to provide lake access to Lots 15 and 18, Pheasant Lawn, and Lots 1 and 2, Yale Smiley Addition, because as a result of past dredging of the lagoon area in Lot 14, said lots might not abut the actual shoreline of Lake Minnetonka at any given time. 3. The City acknowledges the existence of the portion of dock and shed existing on City right-of-way and grants temporary permission for said dock and shed to remain at their existing location within the right-of-way until such future date that the City determines that removal of said structures from the City right-of-way is in the best interests of the City of Orono. 4. The Homeowners Association and Mahoney shall agree to hold the City harmless from any damage to any private or Association improvements within the right-of- way that might be caused by the City. (Hold Harmless agreements on file) 5. This approval grants a 2015 Joint Use Dock License to the Association for six slips (including Mahoney's detached slip). Applicants are advised of the need to henceforth apply for a Joint Use Dock License annually. 6. The five multiple dock slips are designated for use by specific properties as spelled out below, and no transfer of dock rights to different properties within the subdivision of Pheasant Lawn may occur without City approval. Transfer of dock rights to any property outside the subdivision of Pheasant Lawn or to any person who is not a Pheasant Lawn property owner, will not be allowed. Page 4 of 5 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 6507 NO. 7. The five properties which are each allowed one slip within the five slip multiple dock are described as follows: 2655 Pheasant Road (Lots 1, 2 and part of Lot 3, Pheasant Lawn) 2675 Pheasant Road (Lot 6, Pheasant Lawn) 2695 Pheasant Road (Lot 8, Pheasant Lawn) 2725 Pheasant Road (North part of Lot 10, Pheasant Lawn) 2765 Pheasant Road (South Part of Lot 10, Pheasant Lawn) 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, the Pheasant Lawn Homeowners Association has submitted a survey dated, February 5, 2007 which complies with Resolution No. 5990. 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 on Exhibit A attached. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 11 t' day of May, 2015. ATTEST: Liz Tiegs, City Cler Lili Tod McMillan, Mayor Page 5 of 5 z Ln z 19 "4 6 oil 'O 2 t'A Z s i Z ic fn =vim m m a� 0.7 O a a V#lgl4x3•,,• •.... ,•, ,�+�e+ r�.KI ^ rrcc7.C�: r &AUBDMTM W VOIOSaa _