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Home My WebLink AboutResolution 5156 � . � � ��. � O� . O O • �� ? � CITY of ORONO ,� ,. �, �r RESOLUTtON OF THE CITY COUNCIL ��l ��'~ `�kEsH.o4` No. 51 � � RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO PHEASANT LAWN HOMEOWNERS ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUA.RY 1, 2004 TO DECEMBER 31, 2004 WHEREAS,the City of Orono,hereinafter"City"is a inunicipal corporation organized and existing under the laws of the State of Miiuiesota and has the authority and responsibility under Minnesota Statutes, State Statute 412,et. seq, and State Stahrte 462,et.seq.,to protect the health,safety,and general welfare ofthe citizensof � the City aild other members of tlie public witliin the City; and WHEREAS, tlie City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with tl�e Lake Minnetonka Conservation 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 enj oyment 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 property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohzbiting 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 ripaxian 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 mernbers of the public but the right to each 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; �d . !�� . i 1� . . Pa e 1 of 2 '� ��'t ��' '� s�. ', g � � . ...,. E� � i i �: . �� . � O� . O O • �� T � CITY of ORONO � �r' ��L �G~: RESOLUTION OF THE CITY COUNCIL `�kEsKog' rvo. � 1 � � WAEREAS, 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 WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities aze 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 a�zd 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 �irects 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: r��l� �, ��- .__ Linda S. Vee, City Clerk� Barbara A. Peterson, Mayor . STATE OF MINNESOTA COUNTY OF HENNEPIN 5+ ,n The foregoing instrument was acknowledged before me on this �� day of /t�Y � � ,2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the Cit . . � , . "` RACNEL DODGE � �.U�� bC. �� s � � NOTARY PUSLIC-Mi1!NE�OTA �' � ti �,.tiW, My Canm(ssfon Expfr�Jzn.3i,�; ; Notary Public � _.�.�' STATE OF MINNESOTA � COUNTY OF HENNEPIN . The foregoing instrument was acknowledged before me on this /5� day of �/'I^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. . . �'< � !?/��BARA G.SILUS . ;..-�,:�:;.r ".��i�[� f:�Ti;i��ff�J�LIC-t•dlNNESOTA �. j'.�"6�tr1 My Commission Expires Jan.31,2008 Notary Public - ;;; .��r::• I ' ' . . ',� � . . Page 2 of 2 , i:�i.�I ,1;� � �I � �u , �� . , . . � ::.�, �,1•.��d � f., ti �, , • CITY OF ORONO � EXHIBIT A � � � `, RESOLUTION NO. � 1 5 � ' CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I. LICENSEE: Pheasant Lawn Homeowners Association Dock Address: 2790 Pheasant Road Agent: Timothy J. Mahoney Address: 2760 Pheasant Road, Excelsior, MN 55331 � Licensee is: unincorporated homeowner's group X 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,Exhibits B-1 tiuu B-3, and in accordance with Resolution 938,in no case shall the number of authorized boat slips,lifts, or buoys exceed the number pernutted in the prior year's license. . Authorized Boat Density per attached plan: Bay Carman's Transient(Day use only) Slips = Permanent Moorage Slips 5 plus 1 detached Boat Lifts - Sub-Total: Slips at Dock 5 plus 1 detached Offshore Buoys = Maximum Boats in Water � Maximum Boats per prior license 6 . MAXIMUM BOAT DENSITY � , ;�. � ti � , �„ ,� �.. I f• 'j ;; �� ; ' �� ,;,i: �, �. ., ; �.� ..,, ; . ..� :,,�: 'i�:�... � • � . tii�� , ;r', �:<. ,. •r� ,�, i�n �i , ,E:�Y �:!:s . '�11�i { • Exhibit A 5 1 5 � Resolution No. Page 2 . Exceeding tliis m.aximum 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 Ivlunicipal Code. III. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibits B-1 and B-2. Any changes in this layout shall be subject to prior review and approval of the City Council. N. SPECIAL CONDITIONS reqlured for compliance with the ordinance of the City and/or the LMCD. The issuance of tlus license is subj ect to full compliance with these conditions. Failure to comply with these.conditions is cause for license revocation andlor prosecution by the City. 1. The City acknowledges the historic and continued use of this five-slip multiple dock since the 1950's for the benefit of five designated non-riparian properties on the west side of Pheasant Road. • 2.• The City recognizes the easement over the Pheasant Lawn Homeowners Association commons lot to provide lake access to Lots 15 and 18, Pheasant Lawn, and Lots 1 and 2, Yale Smiley Addition, because as a result of past dredging of the lagoon area in Lot 14,said lots might not abut the actual shoreline of Lake Minnetonka at any given time. 3. The City acknowledges the existence of the portion of dock and shed existing on City right-of-way and grants temporary permission for said dock and shed to remain at their existing location within the right-of-way until such future date that the City determines that removal of said structures from the City right-of-way is in the best interests of the City of Orono. 4. The Homeowners Associatioil and Mahoney shall agree to hold the City harmless from any damage to any private or Association improvements within the right-of-way that might be caused by the City. (Hold Harrnless agreements on file) V 5. This approval grants a 2004 Joint Use Dock License to the Association for six slips (including Mahoney's detached slip). Applicants are advised of the need to henceforth apply for a Joint Use Dock License annually. • • ; ! . . ;;, .ti ,. . . . � � ; i :� � �� 'Ij � �r . � . � �:;I ��i , . ., i , f ^i��• � �hibit A � � Resolution No. 'S � Page 3 ' . , 6. The five 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 Pheasant Lawn may occur without City approval. Transfer of dock rights to any property outside the subdivision of Pheasant Lawn or to anyperson who is not a Pheasant Lawn property owner,will not be allowed. 7. The five properties which are each allowed one slip within the five slip multiple dock are described as follows: A. (Johnson) 2655 Pheasant Road (Lots 1, 2 and part of Lot 3,Pheasant Lawn) B. (Sherfl 2675 Pheasant Road(Lot 6,Pheasant Lawn) C. (Reddick) 2695 Pheasant Road (Lot 8,Pheasant Lawn) , D. (Seifert) 2725 Pheasant Road (North part of Lot 10,Pheasant Lawn) E. (Bakke) 2765 Pheasant Road (South Part of Lot 10, Pheasant Lawn) �. 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 time to time in the public interest. � . � . � ; �� . ,I � ( I y i j � ; ,, j ' ' � s!,f 'I i fl � �� . 1 ` ' �. � � �� . Y I � d . 7� I � .�� i��:�' � f . � 1 'I. � . ip . f