HomeMy WebLinkAboutResolution 4636 ' .(..�. . :,� .
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�� G'� RESOLUTION OF THE CITY COUNCIL
�9kESI��4��' .� , NO. � s c3 �
RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK
LICENSE TO VICTORIA ESTATES 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 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,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 adjoining their properry.
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 enj oyment 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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�,� G'� � RESOLUTION OF THE CITY COUNCIL
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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
WI3EREAS,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 licensirig of Joint Use Docks pursuantto 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: �
�'��-�--�--�--� �aoC��
T ina� C VeP,, .i�.1�1'k
� �cti� �oo,�,E, ��u-�� �Ge,�,�
� STATE OF MINNESOTA ) � -
� )'ss. . � � .
� COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 26th day of March,
2001 by Brabara 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. ,
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Notary `ublic ` �
• ::{.��, MARY�1R'�^�JOHNSON
;�j�'„,. NOTqRY PUBUC•fvt;NidESOTA
:�r.:' �dY�ommission Expires J�n.31,2005
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� CITY OF ORONO
EXHISIT A
. RESOLUTION NO. � � � � _. �
CONDITIONS OF ISSUANCE FOR ANNCJAL JOINT USE DOCK LICENSE
I. LICENSEE: Victoria Estates Homeowners Association
� Dock Address: 540 North Arm Drive
Agent: Susan Wanner �
Address: 460 North Arm Drive,Mound, MN 55364 '
Licensee is: unincorporated homeowner's group
X incorporated homeowner's association
. unincorporated club or recreation group
, incorporated club or recreation group
other .
. License Period-7anuary 1, 2001 to December 31,2001 .
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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 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 North Arm �
Transient(Day use only) Slips 0
. Permanent Moorage Slips 6
Boat Lifts 0
Sub-Total: Slips at Dock 0
Offshore Buoys • 0 �
Maximum Boats in Water 6
Maximum Boats per prior license 6
� MAXIMUM BOAT DENSITY 6
a.- . 6
� Exhibit A �
Resolution No.
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 Exhibit B. 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. Six slips are approved for Victoria Estates Homeowners Association for 2000 subj ect
to the stipulations set forth in Resolution#962 dated December 18, 1978.
� 2. All boats permanently moored at this Joint Use Dock must be registered to the
applicant property owners.
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 subj ect to such regulations and
ordinances as the City and other competent regulatory authorities shall deem necessary from
time to tune in the public interest.
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