HomeMy WebLinkAboutResolution 5447CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5447
RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK
LICENSE TO VICTORIA ESTATES HOMEOWNERS ASSOCIATION
SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF
JANUARY 1, 2006 TO DECEMBER 31, 2006
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 ofthe 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 residentialowners 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;
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;
d
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
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CITYof ORONO
RESOLUTION OF THE CITY COUNCIL
NO. .5 4 4 7
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 on Exhibit A attached,
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 at their meeting on the 10th day of April, 2006.
*TEST:
�-�,(';� J.
Linda S. Vee, City Clerk
STATE OF MINNESOTA
Barbara A. Peterson, Mayor
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this / day of 2006 by
Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was
executed on behalf of the City.
STATE OF MINNESOTA
A 9&'
Notary Public
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this /7 day of lgvol! '2006
by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was
executed on behalf of the City.
DENISE M. LESKINEN
NOTARY PUBLIC - MINNESOTA /6--K—, Public
My Commission Expires Jan. 31, 2010
PaLye 2 of 2
A
• CITY OF ORONO
EXHIBIT A 54 47
RESOLUTION NO.
CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE
I. LICENSEE: Victoria Estates Homeowners Association
Dock Address: 540 North Arm Drive
Agent: Susan Wanner
Address: 460 North Arm Drive, Mound, MN 55364
Licensee is: unincorporated homeowner's group
X incorporated homeowner's association
unincorporated club or recreation group
incorporated club or recreation group
other
• License Period -January 1, 2006 to December 31, 2006
II. BOAT DENSITY
The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan, Exhibit
B, and in accordance with Resolution 93 8, 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
Transient (Day use only) Slips 0
Permanent Moorage Slips 6
Boat Lifts 0
Sub -Total: Slips at Dock 0
Offshore Buoys 0
Maximum Boats in Water __6
Maximum Boats per prior license 6
• MAXIMUM BOAT DENSITY i
4xhibit A
Resolution No. 5 4 4 7
Page 2
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.
III. DOCK LAYOUT
The dock structure or layout authorized by this license shall be as shown on attached Exhibit B. Any changes in this
layout shall be subject to prior review and approval of the City Council.
IV. 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.
Six slips are approved for Victoria Estates Homeowners Association for 2006 subject to the
stipulations set forth in Resolution #962 dated December 18, 1978.
2. All boats permanently moored at this Joint Use Dock must be registered to the applicant property
• owners.
V. 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.
.
i
EXHIBIT B
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5 4 7
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