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HomeMy WebLinkAboutResolution 4120 .:. _, , O� � , • O O ��b. - CITY of ORONU � � � '� RESOLUTION OF THE CITY COUNCIL � . � � . ���kE H�g'�G . � � . N O. � �. � �, ..� : . � . S . . . �SOLUTION DIRECTING STAFF'�O ISSUE A JOINTi U�E AOCK LICENSE � TO �VALTEgt'S PORT MAIN"I"ENANCE &INIPROV�1VyEletT ASSOCIATION �UBJECT TO CONDI�IONS NOTED HEREIN � �+'OR TgIE PERYOD OF JANiJARY 1, 1998�'O I)ECEMBER 31, 1998 WI��EAS,the City of Orono,hereinafter"City" is a municipal corporation or�anized 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 � W�IEI�AS, the City shares concurrerit jurisdiction over the primary harbor limit of the City of Orono ��ith the Lake Minnetonka Conservation District and the Deparixnent of Natural Resources of the State of Minnesota; and � . WI�REAS,the regulation of the navigable waters involves an exercise of police power of the State, •LMCD,and the City of Orono, a11 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 W�iER�AS,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; � WH�REAS,as to Lake Minnetonka, a mutual right of enjoyment exists between a�d is shared by � ripazian 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�ver the public generally is to constr-uct one dock . to the navigable�depth of the public waters. There can be no dispute but that the public generally ancl 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 fishing therein; the riparian owner has no exclusive privileges to these rights; and • �YEISlE�,S, 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 � Page 1 of 2 � °� � . • o o � ��b. - � CITY of OROND � � . �� �'�' RESOLUTION OF THE CITY COUNCIL � .� �`�kEsxo�`'� � � �� � � � � . nro. . 4 � � 0 . � . . . � WI�EREAS, 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 . � , . WH�REAS,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, . NOV6�, �HEREFOI2E, BE I'T RESOLVED,that the Ciiy 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 13th day of July, 1998. � � . . . . Gabriel bbour,�Mayor ATTEST: . �� '� �/ Linda S. Vee, City Clerk STATE OF MINNESOTA ) . ) ss. COUNTY OF HENNEPIN ) ' The foregoing instrument was acknowledged befnre 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 instruinent was executed on behalf of the City. � � � � ���� �� °""'• Not Public ;"�.�"r� ; MARY ANN JOHNSON �' •:. � NOTARY PUBLIC-MINNESOTA '.,�,�.� My Commission Expires Jan.31,2000 •.,m:.'�C'.�' . � . Page 2 of 2 • CITY OF ORONO � � EXHIBIT A . . .. . : . � RESOLUTION NO.� � � O. . . . . : . . . � CONDITIONS OF ISSUANCE FOR ANNEJAL JOINT USE DOCK LICENSE � � I. LICENSEE: Walter's Port Maintenance&Improvement Association , Dock Address: 2699/2701 Kelly Avenue Agent: Ted Storlie � Address: 2701 Kelly Avenue,Excelsior,MN 55331 ' Licensee is: XX unincorporated homeowner`s group � incorporated homeowner's association unincorporated club or recreation group � incorporated club or recreation group other � � � License Perio.d-January 1, 1998�to December 31; 1998 � � . � _ � . 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, li$s, or buoys exceed the numb�er permitted in the prior year's license. Authorized Boat Density per attached plan: � Bay � Carman . Transient(Day use only) Slips � 0 . �� � Permanent Moorage Slips � � � . . .. 5 .� � . . � Boat Lifts 0 � � Sub-Total: Slips at.Dock � 0 . Offshore Buoys 0 Maximum Boats in Water . 5 Maximum Boats per prior license � 5 � • MAXIMUM BOAT DENSITY 5 � • Exhibit A 4 1 � � _ ' .� 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 sha11 be as shown on attached E�ibit B. Any changes�in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS xequired 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 and/or prosecution by the City. . 1. Variances granted for 1998: a) West property line (extension of west line of Lot 2, Block 2, Walter's Port) - 10' required, zero setback proposed - � i . b) Southeast property line(extension of southeast line of Outlot 2,Walter's Port) � - 10'required,zero setback proposed 2. The five slips are approved for use by the following properties located in the plat of Walter's Port: � Slip 1 -Lot 2,Block 2 � Slip 2 -Lot 2,Block 2 Slip 3 -Lot 1,Block 2 � Slip 4-Lot 1,Block 1 Slip 5 -Lot 5,Block 3 (part of Lot 1, Carman Bay Heights) 3: City must be notified immediately of any change in use or configuration of the dock. � � � 4. All b�oats permanently moored at this joint use dock must be registered to the � applicant property owners. . 5. Lot 5,Block 3 (part of Lot 1, Carman Bay Heights)is allowed four boats maximum (1 of lagoon, 3 at outer lakeshore). . 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 pernlitted 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. ..�J!.',� , • . - a •-•' . • �':j.`� ~; '.•. , - . � � . AESOLC,tr�ort.�� � � , . , . , . ....__ o. `. • , � ` . . ..� . _.— � . '��l��1��T � � . ____ . .___.__ .. � _ ._. . . . �.,..� _ :, . � - � - . :— • _ _ •• _. •-- • - • . _� -� �;-•- • . -'_- ...r•��—` -�_�-_==.c:c: =- •--•: =:a� �. ��._-- _�.._'_ ��:-�---��.� •^���.�o o � . � �o v�"L..o� '3' : . �.o c...1�{ . • 1-�.� °v�C � � � . . . . . . .. . : . -- - --- • . . . . : . •� • . - . . . . Ri� t�A . ^� . . �-.�L :�LE.' . ` .. .--{ ._ G,: �R�� R��0.` 1-�Y u} ' . . 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