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Home My WebLink AboutResolution 4629 �� , . �-- �� o 0 •b � CITY of ORONO � � � �� G'� RESOLUTION OF THE CITY COUNCIL �9 4�' � � NO. � � � � kESH� RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO THE OWNERS OF PROPERTY LOCATED AT 460 TONKAWA ROAD, 500 TONKAWA ROAD AND 550 TONKAWA ROAD SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1,2001 TO DECEMBER 31,2001 WHEREAS,the City of Orono,hereinafter"City"is a municipal corporation organized 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 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 ofpolice 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 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 o�vners 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 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 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. � Page 1 of 2 ,._ .:a . /�� /� �11�' � • o 0 ��b. - . CITY of ORONO . � � � ,� G'� RESOLUTION qF THE CITY COUNCIL . �`�k'ES8�4�' . NO. � � � 6 � � � This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational �benefits of the lake such as boating and fishing therein; the ripazian 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 WHEREAS, the City has adopted reasonable regulations regazding the constructiori and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which � regulations include the annuallicensing 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 Qeneral 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 o Orono at thei 'ng on t e,26th day of March,2001. Barbara Peterson, Mayor ATTEST: �-�R-e—Q /c�o oL 4�2._ L�a c ��a r••,., ni,, i ��--r�°-��y �.,,�� K1E'r��'L �D/.�-7 E� �i Q(ra_.� C��-�c.-.�L- � ' ' . • - STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 26th day of Nfarch,2001 by Barbara Peterson& Linda S. Vee, Mayor& City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. � � /� '�'"�` MARY At�tJ JOHNSON C�%'/z�"� , `�'�r ��'.� NOTARY PUSLfC-MINNESOTA NOt��PUbI1C l/� \ ;�`�'= My Cortunissbn Expires Jan.31,2005 :'.l• Page 2 of 2 � ,_. :�� CITY OF ORONO EXHIBIT A 4 6 2 � . RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE � I. . LICENSEE: Property owners of 460, 500 and 550 Tonkawa Road Dock Address: 500 Tonkawa Road � Agent: c/o Donna Snyder . Address: Tonkawa,Inc., 301 Carlson Parkway, Suite 102,Minnetonka,MN 55305 Licensee is: unincorporated homeowner's group incorporated homeowner's association � unincorporated club or recreation group . incorporated club or recreation group X other not a�plicable License Period- January l, 2001 to December 31,2001 ' �II. BOAT DENSITY The number of in-place boat slips,lifts and buoys shall not exceed the number shown on the attached plan,Exhibit B,and in accordance with Resolution 93 8,in no case shall 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: Bay Stubbs Ba�_ Transient(Day use only) Slips 0 ' Permanent Moorage Slips 8 Boat Lifts � ' ' . � Sub-Total: Slips at Dock 8 Offshore Buoys 0 Maximum Boats in Water 8 Maximum Boats per prior license 9 MAXIMUM BOAT DENSITY 8 • 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. J... � �`..-V . . Exhibit A .Resolution No.- . � Page 2 . III. DOCK LAYOUT . The dock structure or layout�authorized by this license shall be as shown on attached Exhibit B. Any changes in this layout shall be subject to prior review and approval of the City Council. d IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or 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 andlor prosecution by the City. 1. The eight approved slips are for the exclusive private use of the property owners at 460 Tonkawa Road(Gage), 500 Tonkawa Road(Nelson) and 550 TonkawaRoad(Carlson). 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 tune in the public interest. � • � .