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Home My WebLink AboutResolution 3871 r - ' �1 O�r � 7 I O O • ��b. - CITY of ORONO � ' ti . '� RESOLUTION OF THE CITY COUNCIL . ��`9.kE p4��'� . N O. a`� � `� 1 � SH � RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO THE OWNERS OF PROPERTY LOCATED AT 460 TONKAWA ROAD, 500 TONKAWA ROAD � AND 550 TONKAWA ROAD SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 1997 TO DECEMEER 31, 1997 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 , � � � WgiEREAS,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 � 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 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 ow�ers,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. Page 1 of 2 � O� O O • ��b. - C ITY of ORONO � � ti '� RESOLUTION OF THE CITY COUNCIL . ��`�k'E HpS�c'�'G . NO. e� � °7 1 �— - S This mu t 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 ' 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 tliree 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 24th day of March, 1997. �. , � Gabriel bbour, Mayor ' . A EST: • /�1• , orothy M. a n, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) . The foregoing instrument was acknowledged before me on this 24th day of March, 1997 by Gabriel Jabbour & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a � Minnesota municipal corporation and said instrument was executed on behalf of the City. � - � LINOA S.VEE � �� :'" �`` � NOTARY PUBLIC-MINNESOTA - , '.;�; :-,' HENNEPINCOUNTY Notaiy Public �*�•° My Commission Explres Jan.31,2000 , Page 2 of 2 � � CITY OF ORONO • � EXHIBIT A RESOLUTION NO. � � � � CONDITIONS OF ISSUANCE EOR ANNUAL JOINT USE DOCK LICENSE I. LICENSEE: Properly owners of 460, 500.and 550 Tonkawa Road Dock Address: 500 Tonkawa Road Agent: %Donria Snyder, Carlson Companies � Address: Carlson Parkway,P.O. Box 59159, Minneapolis,MN 55459-8215 Licensee is: unincorporated homeowner's group incorporated homeowner's association - unincorporated club or recreation group incorporated club or recreation group � X other not applicable License Period-January 1, 1997 to December 31, 1997 • • 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 pernutted in the prior year's license. Authorized Boat Density per attached plan: Bay Stubbs Bav Transient(Day use only) Slips 0 Permanent Moorage Slips 9 Boat Lifts 0 Sub-Total: Slips at Dock 9 ' Offshore Buoys . 0 � Maximum Boats in Water �9 Maximum Boats per prior license - MAXIMUM BOAT DENSITY 9 • 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. Exhibit A � � �, � i Resolution No. . Page 2 . � 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 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 nine approved slips are for the exclusive private use of the property owners at 460 Tonkawa Road(Mx. and Mrs. Edwin C. Gage), 500 Tonkawa Road(Dr. Glen and Marilyn Nelson) and 550 Tonkawa Road(Mr. and Mrs. Curtis L. Carlson). 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. • • � , f •�� .• '.:: . l.•t . I�I , � . 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