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Home My WebLink AboutResolution 5150 � iq .�- � � O� . . O O • �� g . � CITY of ORONO ,� �, ,. F �� G~' RESOLUTION OF THE CITY COUNCIL `�kEsKO4 No. � 1 � �D RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO THE OWNERS OF PROPERTY LOCATED AT 460 TONKA.WA ROAD, 500 TONKA.WA ROAD AND 550 TONKA.WA ROAD SUBJECT TO CONDITIONS NOTED HEREIN � FOR THE PERIOD OF JANUARY 1, 2004 TO DECEMBER 31, 2004 � WHEREAS,the City of Orono,hereinafter"City"is a miinicipal corporation organized a�ld 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 Stat�ite 462,et.seq.,to protect the health,safety,and general welfare of the citizens of the City and other nlemUers of tlie public witlun the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of � �ono with the Lalce Minnetonka Conservation District and the Department of Nattiral Resources of the State of � 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 wluch have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity oii or near the public waters and on the land within the City which,if unregulated, may be detriinental to the puUlic 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 conunercial 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 coininon 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 sharedby 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 ripaxian owners. This ri;ht is a right not only to members of the public but the right to each riparian owner. ' is mutual right of enj oyment which is shared by riparian owners and the public generally includes the recreational enefits of the lake such as boating and fishing therein;the riparian owner has no exclusive privileges to these rights; and � � Z � Page 1 of 2 �` �� :. �'� , ,. ,. . . � O� . . O O � • '_ � ; � CITY of ORONO _ � - : ti ��L �G�' RESOLUTION OF THE CITY COUNCIL `�kEsl3og' No. � � �� _ WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all iiparian 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 rnore families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code; and � • WAEREAS, 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 DockLicense . 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 oii Exhibit A attached. � Adopted by the City Council of the City of Orono at their meeting on the 12th day of April,2004. ATTEST: �/ T . . . �� . �,,�-� .� �� Lind'a S. Vee, City Clerk Barbara A. Peterson, Mayvr STATE OF MINNESOTA , COUNTY OF HENNEP]N The foregoing instrument was acknowledged before me on this �,/s day of i�-D r� •/ ,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. r�:� _ . ;i ''� �`'� RACHEL DODGE � � , �� NOTARY PUBLIC-MINNE�OTA .,� r' Mr c�r�an r�es,�n.s�,zoo5 Notary Public ' :�Yj.-� _ c� STATE OF MINNESOTA COUNTY OF HENNEP]N � The foregoing instxument was acknowledged before me on this�day of i"c L ,2004 by L'ulda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was �xecuted on behalf of the ' . � BARBARA G•SILUS � ; NOTARYPUBLIC-MINNESOtA �� pry�ommission Exp Jan.31,2008 , ;�i : ' "� Notary Public ; � a; �° G ,_ �; 1 ; t ' � �'`' :>� �� '�} � • � ;? � � 11. �t � `„ y � '� � "�`. � l - ' � . �� Ij� �� i •f n 1 �, '�: , r. I ,� 1 p ,.i ''I � .� A! � . t :I �4 �. � �� :Il ,r'� :{ .� ' 1� 1 nt p,f i;� ij�� :1{ � Page 2 of-2 � �,4 .i t� .`i f �P� ' � �i ;�i ;� � .�� 1 _.& ��' �I � r�t al p : ` S�� . �1 41 �c •�. • I �q y 19 r r��I e � � i�H . �� u r�l '.i� Lsd il� 17i �I �i .'�I I� ll ;L �„i �:U . .� 'e�i1 �If� �1�� . ... �: �,i� �v:.'� ��i },;: 'jL �f. .'��. ,X. ":'�: IS�II 1W4 ,�,1'� �} :tii� t;y i y��,4�! .i:R1 I�A�� . >- � �. . . • CITY OF ORONO EXHIBIT A RESOLUTION NO. � 1 � O CONDTTIONS OF ISSUANCE FOR ANNiJAL JOINT USE DOCK LICENSE , I. �LICENSEE: Property owners of 460, 500 and 550 Tonkawa Road Dock Address: 500 Tonkawa Road A�ent: c/o Christine ScYunidt � Address: Tonkawa, Inc., 301 Carlson Parkway, Suite 275,Minnetonka, MN 55305 Licensee is: unincorporated homeowner's group iilcorporated homeowner's association unincorporated club or recreation group incorporated chib or recreation group X other not applicable License Period- January 1, 2004 to December 31, 2004 �. 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 Stubbs Bav Transient(Day use only) Slips 0 Permanent Moorage Slips 8 Boat Lifts 0 Sub-Total: Slips at Dock 8 Offshore Buoys 0 Maximum Boats in Water � Maximum Boats per prior license 9 MAXIMUIVI BOAT DENSITY $ �xceeding this maximum boat density,or exceeding the number of permitted slips,lifts or buoys is a violation of ttus license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono ; ti Municipal Code. � � , ,� �' '� ��4 ��, . :�� .�. ' �,i� . ' ;i'' � �i� ,�;::: ::. �i:� �� •• I ' � i!` .�; ' 'y i}��i��::;.':�5: S � .��1. ( 'i i ". S�� }�I � .�. :h �� ,� ;r,,14 'f ti, d:.J.S:.� . . ... u '�•II � . =.':I �f !i!.:Y.;i! .�i.t :� ;:i�. ��: :h >Y :.,s�.( "l+ .,.•:;t:I; ;� ,. . � �, �hibit A Resolution No. 51 5 0 Page 2 LiI. DOCK LAYOUT The docic 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. N. 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 andlor prosecution by the City. , 1. The eight approved slips are for the exclusive private use of the property owners at 460 Tonkawa Road(Gage), 500 Tonkawa Road(Nelson) and 550 Tonkawa Road (Carlson). 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 mariner perrnitted by this resolution,but the use of Lake Mi�etonka 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 � � � i � � ; � � � � ; ;, �, � ��, � � . ;: ; ; ► . i .; ;� �i. � � , � �� ► , ,