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HomeMy WebLinkAboutResolution 5451CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 54 5 1 RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO BOHNS POINT LANE HOMEOWNERS 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 40 innesota; 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 Citywhich, 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 propertyrights 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 0.efits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and D- 1 --r l) CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. q4 F 1 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 ofthe 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 Orects 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 STATE OF MINNESOTA COUNTY OF HENNEPIN i Barbara A. Peterson, Mayor The foregoing instrument was acknowledged before me on this 17 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. DENISE M. LESKINEN z NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31, 2010 otary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this /7 day of ,,Df '/ , 2006 • 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 My Commission Expires Jan. 31, 2010 Notary Public • EXHIBIT A 545 1 RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I. LICENSEE: Bohn's Point Lane Homeowners Dock Address: "3240" Bohn's Point Lane (Outlot 1, Bohn's Point Addition) Agent: Warren Weber Address: 3230 Bohn's Point Lane, Wayzata, MN 55391 Licensee is: X unincorporated homeowner's group incorporated homeowner's association unincorporated club or recreation group incorporated club or recreation group other License Period - January 1, 2006 to December 31, 2006 H. 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 Cry Transient (Day use only) Slips Permanent Moorage Slips 3 Boat Lifts - Sub -Total: Slips at Dock 3 Offshore Buoys Maximum Boats in Water 3 Maximum Boats per prior license NA • MAXIMUM BOAT DENSITY 3 sibit A olution No. 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. The City acknowledges the historic and continued use of this three -slip multiple dock since the 1960's for the benefit of three designated non -riparian properties within the Bohns Point Addition. 2. The City recognizes the easement over Lot 3, Block 1, Bohn's Point Addition to provide pedestrian access to Outlot 1, Bohn's Point Addition for the owners of Lots 1, 2, 5 and 6, Bohn's Point Addition. • 3. The three 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 Bohn's Point Addition may occur without City approval. Transfer of dock rights to any property outside the subdivision of Bohn's Point Addition or to any person who is not a Bohn's Point Addition property owner, will not be allowed. Any boats stored at the dock shall be owned by a property owner within the Bohn's Point Addition. 4. The three properties which are each allowed one slip within the three slip multiple dock are described as follows: A. (Sallas) 3220 Bolin's Point Lane (Lot 1, Bohn's Point Addition) B. (Sweatt) 3225 Bolm's Point Lane (Lots 5 and 6, Bohn's Point Addition) C. (Weber) 3230 Bohn's Point Lane (Lot 2, Bohn's Point Addition) 5. This approval grants a 2006 Joint Use Dock License to the Association for three slips. Applicants are advised of the need to henceforth apply for a City of Orono Joint Use Dock License annually. V. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the rises 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. • • EMMIT B RESOLUTION-NO.�45' LEGAL DESCRIPTION OF PREMISES: Outlot 1, BOHNS POINT ADDITION as \ This survey shows the boundaries of the above described property, and the location of an existing dock thereon. It does not purport to show any other improvements or encroachments. o Iron marker Bearings shown are based upon an assumed datum 14` 25+ -