HomeMy WebLinkAboutResolution 5170 `� .
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• S CITY of ORONO
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�',�� ' �G'�' - RESOLUTION OF T�rHEIlC�Y COUNCIL
<9,kESKp4 NO. �
RESOLUTION DIRECTING STAFF TO
ISSUE A JOINT USE DOCK LICENSE �
TO MINNETONKA POWER SQUADRON
SUBJECT TO CONDITIONS NOTED HEREIN
FOR THE PERIOD OF JANUARY 1, 2004 TO DECEMBER 31, 2004
WHEREAS,the City of Orono,hereiiiafter"City"is a inunicipal coiporation organized and existing
under the laws of the State of Minnesota and has the authority and responsibility under Miiinesota Statutes, State
Statute 412,et.seq. and State Statute 462,et.seq.,to protect the hea1t11, safety,and general welfare of the citizens of
the City and other meinbers of the public within the City; and
WHEIZEAS, the City shares concui-rent jurisdiction over the priinary harbor liinit of the City of
Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of
Minnesota; and
• WHEREAS,the regi,ilation of the navigable waters invoives an exercise ofpolice power of the State,
LMCD, and the City of Orono, all of which have adopted ntles 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 witliin the City which,if unregulated,
may be detrimeiital to the public health, safety and �eneral�velfare; and
WHEItEAS,the regulations of tl�e DNR,LMCD,and the City of Orono regl,ilate the propertyrights
of the riparian ov�niers both as to resideutial owners and the commercial inariva 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 �vaters by protecting against iilterference by anyone, including those who assert the
commonlaw rights of ripariaiz owners, whether or not they be commercial marinas or residential owners;
WHEREAS, as to Lalce Minnetonka, a inutual right of enjoyment exists between and is shared by
riparia�l owners and tl�e 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 axea 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 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
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• �� CITY of ORON4
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RESOLUTION OF THE CITY COUNCIL
��`�kESi��g'�G NO. � �. `� �
WHEREAS, Lake Mimietoi�lca is capable of substantial beneficial public use only as long as all
ripariaiz users of the lake are regulated in such a way as to ensure there is no abuse of the liinited riparian i-ights; 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 inore fainilies, which
regulations include the annual licensing of Joint Use Docics pursuant to Section 94-37 of the Orono Municipal Code;
aiid
WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and
concenls and tlie followin;special coiiditions as they relate to an application for an aruzual Joint Use Dock Liceuse
described on Exhibit A attached,
NOW,�THEREFORE, BE IT R.ESOLVED, 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 lOt�' day of May, 2004.
ATTEST:
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Linda S. Vee, City Clerk Barbara A. Peterson, Mayor
• STATE OF MINNESOTA
COUNTY OF HENNEPIN �j
The foregoing instnunent was acknowledged before me on this�day of ,2004 by
BarUara A. Peterson, Mayor of the City of Orono, a Minnesota inunicipal corporation and aid lstrument was
executed on behalf of the City.
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MARCiA d0 WALLtNGF �-�-
NozpRV at�t,�c.��, ry Pu lic
My Co�n Ex�so,km.st,�Ow
STATE OF MINNESOTA m � �
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this �z-�day of ,2004
Uy Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and sai nstrument was
executed on behalf of the City.
• BARBARA G.SILUS �1�,�.,�,6Q��
t10TARY PUBLfC-MINNESOTA Notary Public •
: ;,. My CommLgsion Expires Jan.31,2008
• Page 2 of 2
• CITY OF ORONO �
EXHIBIT A
RESOLUTION NO. � 1 � O
CONDITIONS OF ISSUANCE FOR ANNLJAL JOINT USE DOCK LICENSE
I. LICENSEE: Minnetoi�lca Power Squadron
Dock Address: Big Island, Record Lot#5 (510 Big Island)
Agent: Bud Broekema, Treasurer
Address: 16509 Blei�lieim Way,Miruzetonlca,MN 55345
Licensee is: unincorporated homeowiler's group
incoiporated lloineowner's association
unincorporated club or recreation �oup
� X incorporated club or recreation group
other
License Period - Jatluary 1, 2004 to Deceinber 31, 2004
•II. BOAT DENSITY
The number of in-place boat slips,lifts and buoys sllall not exceed the munber shown on the attached plan,Exhibits
Band C,and in accordance with Resolution 938,in no case shall the number of authorized boat slips,lifts,or buoys
exceed the ntunber permitted in the prior year's license.
Authorized Boat Density per attached plan:
Bay Lower Lake
Transient (Day use only) Slips 45
Permanent Moorage Slips =
Boat Lifts -
Sub-Total: Slips at Dock ' 45
Offshore Buoys =
Maximum Boats in Water 45
Maximum Boats per prior license 45
MAX]MUM BOAT DENSITY �
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•Exhibit A
Resolution No. � fl � �
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Exceeding this maxiinum 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 94-37 of the Orono Municipal Code.
III. DOCK LAYOUT
The dock structure or layout authorized by this license shall be as shown on attached Exhibits B and C. 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 ordinaiZCe 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.
Coinpliance with conditions of CUP Resolution No. 3416.
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 matuler pennitted by this resolution,but the use of Lake Miruzetonlca aiid the
•premises shall remain subject to sucli regulations and ordinances as the City and other competent regulatory
authorities shall deem necessary from time to tiine in the public interest.
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