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Home My WebLink AboutResolution 5153 :: - _ '�� O� O O • '� g � CITY of ORONO ,� , �, r RESOLUTION OF THE CITY COUNCIL '�,�L ' �Gti `�kESH.o�`' NO. � � y � RESOLUTION DTRECTING STAFF TO ISSUE A JOINT USE DOCKLICENSE TO WALTER'S PORT MAINTENANCE &IMPROVEMENT ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 2004 TO DECEIYIBER 31, 2004 WHEREAS;the City of Orono,hereinafter"City"is a municipal corporation organized and existing under the laws of the State of Miiulesota and lias tlle authority and responsibility under Miruiesota Statutes,State Stahrte 412,et.seq. aud State Statute 462,et.seq.,to protect the health,safety,and general welfare of the citizens of the City aud other members of the public within the City; and WHEREAS, tl�e City shares concunent jurisdiction over the primary harbor limit of the City of Orono with the Lalce Minnetonlca Conservation District and the Department of Natural Resources of the State of Minnesota; and � WHEREAS,the regulation of the navigable waters uivolves an exercise of police power of the State, �MCD, and the City of Oroilo, 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, nzay be detrimental to the puUlic 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 owilers both as to residential owners and the commercial inarina owners to the extentprohibiting any interference with tlie public waters adj oining 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 coinmon law rights of ripariail 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,iio one riparian owner has exclusive privileges over Lake Minnetonka. The only additioizal 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 geuerally 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 enj oyment which is shared by ripaxian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein;tlie 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 lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights;and � � �� { Pa e 1 of 2 ° I�� "�� .I . g ,i y"�;;;' :�d �� . . �b�t A ` � 1 5 � � . esolution 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 5.42 Subdivision 2 of the Orono ' Municipal Code. III. DOCK LAYOUT • The dock structure or layout airthorized by this license shall be as shown on attached Exhibit B. Any changes in this Iayout shall be subject to prior review and approval of the,City Council. N. SPECIAL CONDITIONS required for compliance with the ordinance of the City andlor the LMCD. The issuance of this license is subj ect to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. ' 1. Variazices granted for 2004: a) West property line (extension of west line of Lot 2, Block 2, Walter's Port) - 10' required, zero setback proposed � b) Southeast property line(extension of southeast line of Outlot 2,Walter's Port)- 10'required, zero setback proposed 2. The five slips are approved for use by the following properties located in the plat of Walter's Port: 'Slip 1 -Lot 2, Block 2 Slip 2 -Lot 2, Block 2 Slip 3 -Lot 1, Block 2 Slip 4-Lot 1, Block 1 Slip 5 -Lot 5, Block 3 (part of Lot 1, Carman Bay Heights) 3. City must be notified immediately of any change in use or configuration of the dock. 4. All boats permanently moored at this joint use dock must be registered to the applicant property owners. � . 5. Lot 5,Block 3(part of Lot 1,Carman Bay Heights)is allowed four boats maxirnum(1 of lagoon,3 at outer lakeshore). 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 pernutted 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. • . i . � ` i � ; . ; ; � � , '� � �t � � .� � �. V � ia � ;' � . � � � � .`�' s' � h i� •�� . � , � , i�f . ��`': .i�; . �f I . ;i . ;��; >� :�� '� � � � ��f`� �� 'ic , ,, � O� O � O • - g . � . CITY of ORONO � ;. � �� j �G~' RESOLUTION OF THE CITY COUNCIL " �kESTd.Og' N0. � Y ��i � 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 WHER.EAS, the purpose of this Resolution is to set forth the above noted general conditions and coricenis 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 Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 12th day of April, 2004. �TTEST: �'u�� (/� ., --� �.inda S. Vee, City Clerk Barbara A. Peterson, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN .� The foregoing instrument was acknowledged before me on this �i�S day of �"�Y � � ,2004 by Barbaxa A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. z�, .= ;� .,:i=�� RACM�L D4L�GE o, ";`%•�y:: NOTARY FUELIC-h11tr'ti�;�OiA * ! ,��. �� p�_ �`S�E�"N My�qnn�slon Expires Jan,31,2L�05 � �-- 4 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN . The foregoing instrument was acknowledged before me on this �5� day of �^G� , 2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota rnunicipal corporation and said instrument was executed on behalf of the City, BARBARA G.SiLUS • hOTARY PUELIC-MlNI1ESOTA � � My Commission Expires Jan.31,2008 Notary Public '� . � � , ;, �, i ; ; , � �� . � ' '� ,� � � 'I li � I� 4 ` � � i � � f� � �� : r i : i �b �� p � pn !U �� u }.� t� I �� i � i7 �� d ,i �� + • '`;� � ;;, � .: � ,, Page 2 of 2 � + '� ��I ` � ' � ''� �'' �" .�� . � � �� .� . � . .r:�. 'i! . .. ' . �� :1�� . .jij 9 � . 7��i '�." .;;t 6�i i!'i � .��il � �.4� 'i� •v: . . i.i -.�. -d �� ,t� � �'.� .''..•�I 'lw�,i r .