HomeMy WebLinkAboutResolution 4440 ' J
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��b. - CITY of ORONO
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�� G'� RESOLUTION OF THE CITY COUNCIL
��ESH.p4�' NO. � � � �
RESOLUTION DIRECTING STAFF TO
ISSUE JOPTT USE DOCK LICENSE
TO BIG ISLAND,INC. �
SUBJECT�v CO��TDITIONS NOTED HEREIN
FOR THE PERIOD OF J��TUARY 1,2000 TO DECEMBER 31,2000
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 wittun 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 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
WI�REAS,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 protectina ajainst 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 privi�eges 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 b�°riparian owners and the public generally includes the recreational
benefits of the lake such as boating and fishinQ therein; the riparian 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«-ay as to ensure there is no abuse of the limited riparian rights;and
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��6. - CITY of ORONO
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�� �'� RESOLUTION OF THE CITY COUNCIL
�9kESH�4� NO. � � �: � -� .,
AS, 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, «�hich
regulations include the annual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code;
and
VV�iEREAS,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 E�chibit 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 l Oth day of April, 2000.
Gabri Jabbour, Mayor
• ATTEST:
` ✓ /�
v
. Linda S. Vee, City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this l Oth day of April,2000 by Gabriel
Jabbour& 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.
��
Notary Pub '
MARY ANN JOHNSON
• . NOTARY PUgLI�-MINNESOTA
` ���P�es Jan.31,20p5
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� CITY OF ORONO
EXHIBIT A
RESOLUTION NO.�� O .
CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE
L LICENSEE: Big Island,Inc.
Dock Address: Big Island,Record Lots-12 and 19 (520/530 Big Island)
Agent: Brian Tichy (Treasurer)
Address: 1471 Lake Lucy Road,Excelsior,VIlV �5331
� Licensee is: unincorporated homeowner's group
incorporated homeo�vner's association
unincorporated club or recreation group
XX incorporated club or recreation group
other
• License Period-January 1, 2000 to December 31, 2000
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 C,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 Lower Lake
Transient(Day use only) Slips 14
Permanent Moorage Slips - �
Boat Lifts -
Sub-Total: Slips at Dock 14
Offshore Buoys -
Maximum Boats in Water 14 .
Maximum Boats per prior license 15
• MAXIMUM BOAT DENSITY 15 ,
*Per Resolution No. 3006, occasional overnight campinQ allowed.
v , -,
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 docic 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 subject to full compliance with these conditions. Failure to comply with these conditions
is cause for license revocation and/or prosecution by the City.
l. Licensee shall comply with all requirements of City of Orono Resolution No. 3006.
2. The maximum allowed boat density per Resolution No. 3006 is 1�total slips. Any increase above
this number of slips shall be subject to licensee first obtaining Conditional Use Permit approval from
� the City. The number of slips licensed for the current license period is 14 .
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.
VI. . STYROFOAM DOCK ADVISORY. Licensee is advised that the use of unprotected styrofoam as a dock
flotation material has been banned per Ordinance No. 104, Second Series. �
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