HomeMy WebLinkAboutResolution 5449CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5449
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, 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 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
mnesota; and
WHEREAS, the regulation of the navigable waters involves an exercise ofpolice 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;
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
4Wefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights;
and
Page 1 of 2
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5449
WHEREAS, Lake Mfi-metonka 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 on Exhibit A attached,
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby
erects 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.
ATTEST:
Linda S. Vee, City Clerk Barbara A. Peterson, Mayor
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this -7 day of , r,�/ , 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.
M
NENESOTA Notary Public
31, 2010
STATE OF MINNESOTA
COUNTY OF HENNEPIN 9
The foregoing instrument was acknowledged before me on this -7 day of - n / , 2006
qLinda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was
Xecuted on behalf of the City.
DENISE M. LESKINEN
NOTARY PUBLIC - MINNESOTA Notary Public
My Commission Expires Jan. $1, 2010
Paae 2 of 2
•
CITY OF ORONO
EXHIBIT A
RESOLUTION NO. 54 4 9
CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE
I. LICENSEE: Pheasant Lawn Homeowners Association
Dock Address: 2790 Pheasant Road
Agent: Timothy J. Mahoney
Address: 2760 Pheasant Road, Excelsior, MN 55331
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, Exhibits
B-1 thru B-3, 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's
Transient (Day use only) Slips
Permanent Moorage Slips 6
Boat Lifts -
Sub -Total: Slips at Dock 6
Offshore Buoys
Maximum Boats in Water 6
Maximum Boats per prior license 6
• MAXIMUM BOAT DENSITY 6
0
Exhibit A
Resolution No. 5 4 4 9
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 Exhibits B-1 and B-2. 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.
1. 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.
is 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 2006 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.
0
loxhibit A
Resolution No. 54 4 9
Page 3
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.
7. The five properties which are each allowed one slip within the five slip multiple dock are described
as follows:
A. (Johnson) 2655 Pheasant Road (Lots 1, 2 and part of Lot 3, Pheasant Lawn)
B. (Sherf) 2675 Pheasant Road (Lot 6, Pheasant Lawn)
C. (Reddick) 2695 Pheasant Road (Lot 8, Pheasant Lawn)
D. (Seifert) 2725 Pheasant Road (North part of Lot 10, Pheasant Lawn)
• E. (Bakke) 2765 Pheasant Road (South Part of Lot 10, Pheasant Lawn)
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.
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