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HomeMy WebLinkAboutResolution 4118 ( Y. � y � O� � O O + � CITY of ORONO � .b • � � 1 '� RESOLUTION OF THE CITY COUNCIL � . � �L9kE H�4��'G � � . . . . � � NO. � � � � ��. � . . � � . � . S � . . RESO]L�JTIOIV DIRECTING S�'AFF TO ISSUE A JOIN�USE DOCK LICENSE '�O SANDY BEACH PLACE SUBJECT TO CONDITIONS NOTEI)HER�IN FOI�THE PERIOD O�'JANUARY 1, 1998'I'O D�CEMBER 31, 199$ I �VIi�REAS,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 � WH�REAS, 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 � � WH�REAS,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 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 WH�I�l�S,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 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; VY��AS,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 enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fis'ning therein; the riparian owner has no exclusive privileges to these rights; and � � Page 1 of 2 . . .� . � O� : . .O O �e. - CITY of ORONO � � . �� �'ti � RESOLUTION OF THE CITY COUNCIL . . . � � ��kESH�4�' . . � � .NO. . � �� � $� � � EREAS, 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 - WHEREA�,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, T�IEREFORE, BE IT I2ESOLVEID, 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 o the 13th day of July; 1998. Gabri Jabbour, Mayor AT'TEST: � �, Ci��in.r,l.�/,�#'. �p� . Linda S.Vee, City Clerk - STATE OF MINNESOTA ) ' - ) ss. COUNTY OF HENNEPIN ) . . � �. . The foregoing instxument was acknowledged before me on this 13th day of July, 1998 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. . �� �� �f °'��` Notary ubli.� �� : `�' MARY ANN JOHNSON � ;:,�� NOTARYPUBLIC-MINNESOTA • ��MM��� My Commissfon Fxpires Jan,31,2000 • � Page 2 of 2 . . . CITY OF ORONO � _ EXHIBIT A � RESOLUTION NO� �- 1 � " � � . CONDITIONS OF�ISSUANCE FOR ANNUAL JOINT USE DOGK LICENSE . � - . I. LICENSEE: Sandy Beach Place � Dock Address: 3995 North Shore Drive � Agent: H. Richard Zuckman . Address: 1819 Dupont Avenue South,Minneapolis,MN 55403 License Period-January 1, 1998 to December 31, 1998 � II. BOAT DENSITY . The number of in-place boat slips,li$s 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 Densi er attached lan: . � � t3'P P Bay West Arm Transient(Day use only) Slips 0 Permanent Moorage Slips 5 . Boat Lifts 0 � Sub-Total: Slips at Dock 5 Offshore Buoys . 0 _ Maximum Boats in Water 5 � � � � � 1Vlaximum Boats per prior license � 6* See I�em IV-4. � � � MAXIMUM BOAT DENSITY 5 � a . . � Exhibit A � • Resolution No.��, �� " � � Page 2 Exceeding this maximum,boat density, or exceeding the number of pernutted slips,:lifts or buoy.s 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 E�chibit 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 andlor 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 andlor prosecution by the City. 1. The five approved slips are for the exclusive use of the residents/renters of Sandy Beach Shores. . . 2. . City may require written approval from abutting and affected property owners for • � . each annual'license review. �. � . � 3. During the current license period,the City reserves the right to require a reduction in the number of license slips commensurate with any reductions of habitable dwelling units which rnay occur during the license year. 4. Because one cabin was demolished in 1991, leaving six rental units,the number of slips licensed for 1993 was commensurately reduced. The fire and subsequent ' demolition of an additional cabin in early 19941eft 5 rental units on the site,resulting � in the reduction to S licensed slips for 1994 and future years. . 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 �n�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 sha11 deem necessary from time to time in the public interest. � � � 9 ...��.'t�..�� • , . �J� ', ' ' � .. " '�� . . . �. (t3lr � � . C�10 � .. ,: •.n. . � � �' . . �• .� . . � � � � . 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