HomeMy WebLinkAboutResolution 4808 M,: ..., �<� �
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�� G'�' RESOLUTtON OF THE CITY COUNCIL
��`9k',Egg04'� . NO. 4 � O �
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RESOLUTION DIRECTING STAFF TO
ISSUE A JOINT USE DOCK LICENSE
TO PHEASANT LAWN HOMEOWNERS ASSOCIATION
SUBJECT TO CONDITIONS NOTED HEREIN
FOR THE PERIOD OF JANUARY 1,2002 TO DECEMBER 31, 2002
WHEREAS,the City of Orono,hereinafter"City"is a municipal corporation organizecl and existing
under the laws of the State of Minnesota 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 1Vlinnetonka Conservation District and the Department of Natural Resources of the State of
Minnesota; and
WHEREAS,the regulation ofthe navigable waters involves an exercise ofpolice power ofthe 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 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 adj oining 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
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 sharecl 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 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 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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��b. - CITY of ORONO
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�� �,'�' RESOLUTION OF THE CITY COUNCIL
��SH�4� NO. 4 � � �
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
WHEREAS, the City has adopted reasonable regulations regarding the construction and use of
lakeshore and dock facilities when such facilities axe 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 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 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 13th day of May, 2002.
ATTEST:
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,
Linda S. Vee, City Clerk Barbara A. Peterson, Mayor
STATE OF MINNESOTA �
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this I 7�' day of /1� , 2002
' by Barbara A. Peterson,Mayor of the City of Orono, a Minnesota municipal corporation and said in trument was
executed on behalf of the City. �
� v2�cai � �/.« .
LINDA S.VEE Notary Public
�, NOTARY PUBLIC•MIN�ESOTA
.,"`' �'�Y�nm�s(on Expires Jan.31,2005
S
COUNTY OF HENNEPIN �_,� y
The foregoing instrument was acknowledged before me on this r�� da of_ l��� ,2002
by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said mstrument was
•executed on behalf of the City.
_.�,�..,, ._ ����C.-�--� �Joal�
:.,:`:,.� RACHEL DODGE ,��
'� �- NOTARY PUBUC-MWPdE."OTA Notary Public
?��:`.��,;i� My Commission Expires Jan.31,2005
Page 2 of 2
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• CITY OF ORONO
� EXHIBIT A � $ � $
RESOLUTION NO.
CONDITIONS OF ISSUANCE FOR ANNtJAL JOINT USE DOCK LICENSE �
I. LICENSEE: Pheasant Lawn Homeowners Association
Dock Address: 2790 Pheasant Road �
Agent: Joseph T. Foner
Address: 2655 Pheasant Road,Excelsior, MN 55331 .
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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 1,2002 to December 31,2002 . .
�I. 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 thru 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 yeaz'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 6
Maximum Boats per prior license 6 .
MAXIMUM BOAT DENSITY 6
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• Exhibit A � � � �
Resolution Na
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 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.
IV. SPECIAL CO�VDITIONS required for compliance with the ordinance of the City and/or the LMCD. The
issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions
is cause for license revocation and/or 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 Association 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 Hannless agreements on file) .
. 5. This approval grants a 2002 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.
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�Exhibit A
Resolution Na .
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 any person 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. (Forrer) 2655 Pheasant Road(Lots 1,2 and part of Lot 3, Pheasant Lawn) .
B. �(Sher� 2675 Pheasant Road(Lot 6,Pheasant Lawn)
C. (Reddick) 2695 Pheasant Road(Lot 8,Pheasant Lawn) --=
D. (Vaughan) 2725 Pheasant Road(North part of Lot 10, Pheasant Lawn) _
E. (Bakke) 2765 Pheasant Road (South Part of Lot 10, Pheasant Lawn)
•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 time to time in the public interest.
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