HomeMy WebLinkAboutResolution 4631 •�:.
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�',� G'� RESOLUTION OF THE CITY COUNCIL
. ��kESH�4�' � NO. 4 6 � �,
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RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK
� LICENSE TO FOXHILL HOMEOWNERS ASSOCIATION
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 Departrnent 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 enjoyment 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 properry 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 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. �
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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�6. - . CITY of ORONO
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� G'� RESOLUTION OF THE CITY COUNCIL
� �9kESH.�4�' NO. � s e� �.
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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 are 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 26th day of March,2001.
. Barbara Peterson, Mayor
ATTEST:
�.�ic_f'�z�. �✓c���_
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�;f4c r-��t_ �v oc��� f2e!/c..��-z� Gl�h�
STATE OF MINNESOTA )
) ss. .
COUNTY OF HENNEPIN )
The foregoing instniment was acknowledged before me on this 26th day of March,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 A�N JOHNSON
NOTARY PUBLIC-MINNESOTA NOt P lic �
. .:�_a.;� p�y Cortunission Expires Jan.31,2005
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� CITY OF ORONO
EXHIBIT A
RESOLUTION NO. � 6 3 �.
CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE D�OCK LICENSE
I. LICENSEE: Foxhill Homeowners Association
Dock Address: 1801 Shoreline Drive
Agent: G�eld Clark,Dockmaster
� Address: 1955 Heritage Drive, Wayzata, MN 55391 �
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 1,2001 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,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 permitted in the prior year's license.
Authorized Boat Density per attached plan: ,
Bay Smith's
Transient(Day use only) Slips 0 �
Pernianent Moorage Slips . • . 13 , �
Boat Lifts 0
• Sub-Tota1: Slips at Dock 13 �
Offshore Buoys 0
Maximum Boats in Water 13
Maximum Boats per prior license 13
• MAXIMUM BOAT DENSITY 13
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. �xliibit A
Resolution No.
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� Exceeding this maximum boat density,or exceeding the number of permitted slips,lifts or buoys is a violation of
this license subject to revocation andlor prosecution for violation of Section 5.42 Subdivisiori 2 of the Orono
Municipal Code.
III. DOCK LAYOUT
The dock structure or layout authorized by this license shall be as shown on attached Exhibit B-1 and B-2. Any
changes in this layout shall be subject to prior review and approval of the City Council.
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 and/or prosecution by the City.
1. The maximum number of slips or moorings to be licensed in the future sha11 not exceed 16 provided
that for any given year, the license sha11 be issued for no more than 1 boat per residence in the
Foxhill Subdivision according to the findings set forth in the Resolution 1042 adopted by the City
• Council of the City of Orono on the 12th day of June, 1979.
2. Winter storage of dock parts and sections shall be permitted on Outlot#1 between the time the dock '
is removed from the lake in the fall and June 1 st of the following year.
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�ime to time in the public interest.
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