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Home My WebLink AboutResolution 1315 �1- '� • l Ci.t� of ORONO � RESOLUTION OF.THE CITY COUNCIL � NO. 1315 • � • • • RESOLUTION DIRECTING STAFF TO •ISSUE A JOINT USE DOCK LICENSE - TO U�IAYZATA YACHT CLUB=�-.; - ' �' •_:t SUBJECT TO CONDITIONS NOTED.HEREIN FOR THE PERIOD OF JANUARY 1, 1981 to DECEMBER 31, 1981 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Biinnesota and has the authority and responsibility under Minnesota Statutes , State Statute 412, et. seq. and State Statute 462, et. seq. , to protect the health, safety and general welfare of the citizens of the City and other members 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 riinnetonka 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, I��CD, and the City of Orono, all of which have adopted rules to ens�re to all equal enjoyment of the public rights and equal protection from activity an 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 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 prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfiZl their trusteeship over the public waters by protecting..against interference by anyone, including those who assert the commonlaw 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 doc� to the navigable depth . of the publ.ic c,�aters. 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 P�iinnetonka 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. • ` . . � Page 1 of 2 �- ` Cit� o� ORONO • . RESOLUTION OF THE CITY COUNCIL � NO. 1315 • � • • ' This mutual� right of enjoyment��whieh is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boa�ing and fishing therein; the ri�arian owner has no e:�cZusive privileges to these rights; and WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as a11 riparian users of the lake are regulated in such a� way as �o 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 usea and maintained by three or more families, which regulatidns include the annual licensing of Joint Use Docks pursuant to Chapter 74 of the Orono Municipal Code; and _ WHEREAS, the purpose of this Resolution is to set forth the • above noted general conc�itions and 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 directs the Sta£f to issue a Joint Use Dock License according to the �acts aa�d conditions noted on Exhibit A attached. � Adopted by the Ci�y Council of the City of Orono at their meeting on the 14th day of September , lg 81 , . Wlilliam B. n Nest, M yor . • ATTEST: ��.� �?. � � � � , _ _ _ • Alb�rta. M.�--5trom; City Clerk • ' . �' Page 2 of 2 � ^ ' CITY OF ORONO • EXHIBIT A RESOLUTION N0. ' � CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK I�ICENSE I. LICENSEE l+layzata Yacht C1 ub Dock A ddr ess � Biq Island (Kilbane aronertv) Agent Don B1 aser A ddr ess P.O. Box 585, Wayzata, MN 55391 _ Licensee is : unincorporated homeowner' s group � incorporated homeowner' s association unincorporated club or recreation group �_ incorporated club or recreation group other License Period - January 1, 1981 to December 31, 1981 • II. BOAT DENSTTY The number of in-place boat slips, Iifts and buoys shall not exceed the number shown on the attached plan, Exhibit B, and in a�cordance with Resolution 938, in no case sha11 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: , Ba y Lake Minnetonka - Bia lsland Transient (Day use only) Slips 4 Permanent Moorage Slips � Boat Lifts � Sub-Total: Slips at Docks � �g_ Offshore buoys _..p__ M�ximum Boats in Water � Maximum Boats per priox Zicense 4 MAXIMUM BOAT DENSITY 4 • . Exceeding this. maximum boat density, or exceedin�; the number of permitted slips , lifts or buoys is aviolation of this license subject to revocation and/or prosecution for violation of Section 74.010 of the Orono Nfunicipal C�d� � • ^ � • Exh ib i t A Resolution No. Page 2 ' . III. DOCK LAYOUT The dock structure or layout autl-�orized by this license shall be as shown on attached Exhzbit B. Any changes in this layout shall be subject to prior review and approval of the City Council IV. SPECIAL CONDITTONS required for compliance with the ordinance of the City and/or the LNICD. 'I'he issuance of th is license is subject to fu11 compliance with these conditions. Failure to comply with these conditians is cause for license revocation and/or prosecution by the City. � 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 permit�ed by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regtalations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in �he public interest. � � .` � � �� .��...��° -� o � �� . ' �� d , . -1r 'I D_ A i a �,�o �C • • ' • • ' . a � 't . ' , � � �� . . . ' . � • ' . . , • • ' ( ' . • , , � . I . .' . • • - j•- �~�`-. • _'•I o . • � � � I r. • • ' • . . • � • ' • . - � ' O . . � .. _ . _ _ � • � � . . • .. . r ' _ � . �r.. � � � , Y,r� G' '., o ' �ti`s•:. �� ^.�.e�.G ' � � �7� � - ��i: � y� . `—�7t.�� . r��;1 . � �t �. 1 s L �,., � � �> #�y �� c,. �C'-��;:,�`.... � i � A