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Home My WebLink AboutResolution 5152 . �4 _.'l . � O� O O • �� , , � CITY of ORONO ,� . ,. ti �� t �G~' RESOLUTION OF THE CITY COUNCIL `�kEsKO4 No. � g � � � RESOLUTION DIRECTTNG STAFF TO ISSUE A JOINT USE DOCK LICENSE TO FOXHILL HOMEOWNERS ASSOCIATION 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 municipal corporation organized and existing under the laws of the State of Mirulesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq.aud State Statl.ite 462,et.seq.,to protect the health,safety, and general welfare of tlie citizens of the City and other meinbers 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 Miiuietonlca Conservation District and the Department of Natural Resources of the State of Mimlesota; and WHEREAS,the regulation of the navigable waters involves an exercise of police power of the State, �CD, and the City of Oroizo,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 regi.ilations 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 tnisteeship over the public waters by protecting against interference by anyone, including those who assert the cominonlaw 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 ripariaii owners and the public generally,no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that a�ry riparia�z 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 aIl 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 muhial right of enjoyinent 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 : . . . Page 1 of 2 `�' '�� :3 ^. • '..t� ��. ';II � °� . . o , o � � � � CITY of ORONO a - ;. � , . ��L �G~' RESOLUTION OF THE CITY COUNCIL - `9kES�IO�" N0. � � o�` � 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 tlZere is no abuse of the limited riparian rights;and WHEREAS, the City has adopted reasonable regulations regarding the coustruction and use of lakeshore and dock facilities when such facilities axe used and maintained by three or�more farnilies, 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 concems 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, SE 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 12th day of April,2004. ATTEST: .�;�°�.�. .� �� _� . Lind'a S. Vee, City Clerk � Barbara A. Peterson,Mayor . STATE OF MINNESOTA COUNTY OF HENNEPIN �- The foregoing instrument was acknowledged before me on this �i j S day of �Pr � � ,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. �� ''��"'` RACHEL DODGE � ' f � �Q �t NOTARY PUBLIC-MlNNE:,OTA ��f�"`�'-"'� " DC� �� ' �� •e,^ _ rdy CortuNssion ExpUes Jan.31,�oo�� Nofary Public �:,. ,�.a� .� • � STATE OF MINNESOTA - COUNTY OF HENNEPIN The foregoing instrurnent was acknowledged before me on this / 'J`� day of 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. • BARBARP►G•SNESOTA �� •` NOTARY PUBL�C MIN Notary Public �' �,�y�prtynisston Expires Jan.31,2008 � ��i .:s� ' � ;1) . � ' %� f � : . � ; ji , ' ' i ,� ti ?� �z� �� ' .� .� i �11 . ...�il t . . �,� `�� '� �� 4;� F. t W : , � , : . . ,ti M. ; : �� , r, � ; ' tk, '' 1' ;,' ' .. . .'. ;� �! :� �. � ��. ;, ;i .;; �i � 4. Page 2 of2 �; � :�: �li '' :'� ,�' � :!� �i '� � 1�' ` ,��I ., f.� v� 1ti� . I .�� tN i. :� �tiY I L V I A' ti;: n; �lh �2f III .Lt�? !;. S.M. o- C� :9 • CITY OF ORONO ' EXHIBIT A � 1 � c� . RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE . I. LICENSEE: Foxhill Homeowners Association � Dock Address: 1 SO1 Shoreline Drive Agent: E. Leo Bullock,Dockinaster Address: 1160 Heritage 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, 2004 to December 31, 2004 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 938,in no case shall the number of authorized boat slips,lifts,or buoys exceed tlie number permitted in the prior year's license. � Authorized Boat Density per attached plan: Bay ' Smith's Transient(Day use only) Slips 0 � Permanent Moorage Slips 16 . Boat Lifts 0 Sub-Total: Slips at Dock 16 Offshore Buoys 0 Maximum Boats in Water � Maximum Boats per prior license 16 • MAXIMUM BOAT DENSITY 16 (Onlv tiavin�for 131 , � i F�. r �� .I t ;� '�i � ' �c. ' �I. : t I`i :1� �:� ±��: ' . � �E �(��. ��h :��. . . ;�n !� :�� !i!I '�� '.. 1� . '1 �'.! )1� ,� i� . • Exhibit A � 1 � � Resolution No. Page 2 Exceeding this maximum boat density,or exceeding the num.ber of permitted slips,lifts or buoys is a violation of this license 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 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 subj ect to full compliance with these conditions. Failure to coinply with these conditions is cause for license revocation and/or prosecution by the City. 1. The maximum number of slips or rnoorings to be licensed in the future shall not exceed 16 provided � that for any given year, the license shall be issued for no more than 1 boat per residence in the • Foxhill Subdivision according to the findings set forth in the Resolution 1042 adopted by the City Council of the City of Orono on the 12th day of June, 1979. � 2. Winter storage of dock parts and sections shall be permitted on Outlot#1 between the time the dock is removed from the lake in the fall and June 1 st of the following year. 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 tiine to time in the public interest. • . . � ;i ! �; sii : i ,, , �, : .. `� . ; '� ; ' �` �' � a; . , . k� ii � �� '� ;_il . �