HomeMy WebLinkAboutResolution 5148 .i'�- .
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��� �G~' RESOLUTION OF THE CITY COUNCIL
�kEsl3og' NO. __ � � � �
RESOLUTION DIRECTING STAFF TO
ISSUE JOINT USE DOCK LICENSE �
TO BIG ISLAND, INC.
SUBJECT TO CONDITIONS NOTED HEREIN
FOR THE PERIOD OF JANUARY 1, 2004 TO DECEMBER 31, 2004
WI�EREAS,the City of Orono,hereiilafter"City"is a muiucipal coiporation orgaiuzed and existing
under the laws of the State of Miiuiesota and has the authority and responsibility under Minnesota Statutes, State
Statute 412,et.seq. aiid State Statute 462, et. seq.,to protect the health,safety,and general welfare ofthe citizens of
tlie City aiid other members of the puUlic witlun the City; and
WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of
Oroiio with the Lake Minnetoi�lca Coiiservation 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 detriinental 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 owiiers Uoth 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,whetllez 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 aild 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 Lalce Minnetonlca 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
eaclz riparian owner.
This mutual right of enj oyment 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 lalce are regulated in such a way as to ensure there is no abuse of the limited riparian rights;and
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!� � � � CITY of ORONO
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t RESOLUTION OF THE CITY COUNCIL
'�,�,� �Gti
`�kEsKO�' rvo. 514 �
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 5.42 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 Exlubit A attached.
Adopted by the City Council of the City of Orono at their meeting on the 12th day of April, 2004.
t ,�-�1TTEST:
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_ `�-u��:., �J . �/� ` r.d'�, .
Linda S. Vee, City Clerk Barbara A. Peterson,Mayor
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STATE OF MINNESOTA
COUNTY OF HENNEPIN �
The foregoing instrument was acknowledged before me on this�day of 2004 by
.Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was
executed on behalf of the City.
,z ��'�: RACHEL DflQGE� � � � � �J
S tl.'���"r=:;:_. NOTAFtY PUBLIC-MiNN[vOTA C�Li'�/`►"'�` �O �
��; A1y Commissian Expires Jan.31,2003 Notary Public
' �.��
STATE OF MINNESOTA
COUNTY OF HENNEPIN '
The foregoing instrument was acknowledged before me on this /� day of_��/^c:L ,2004
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. •
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• �3ARBARA G.S{LUS ��
O ;,'�07A.R`t PUcLIG-MINiVESOTA ��
'�Pe, ' n�y c«r�:�:��:�E���r�����.s�,2ooe Notary Public '
�,
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�xhibit A
Resolution No. 5 14 � �
Page 2
Exceeding this maximum boat density, or exceeding the nuinber of pernutted slips, lifts or buoys is a violation of
this liceilse subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 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 tlus
layout shall be subject to prior review and approval of the City Council.
N. SPECIAL CONDITIONS required for cornpliance 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 complywith fihese conditions
is cause for license revocation and/or prosecution by the City. ,
1. Licensee shall comply with all requirements of City of Orono Resolution No. 3006.
2. The maximum allowed boat density per Resolution No. 3006 is IS total slips. Any increase above
• this nuinber of slips shall be subj ect to licensee first obtaining Conditional Use Pennit approval from
the City. The number of slips licensed for the current license period is 14 .
V. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use
Lake Minnetonlca or the premises in a rnaruier pernutted by this resolution,but the use of Lake Minrietonka
and the premises shall remain subject to such regulations and ordinances as the City and other competent
regulatory authorities shall deem necessary frorn time to time in the public interest.
VI. 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.
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