HomeMy WebLinkAboutResolution 3529 �
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� CITY of ORONO
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• �:e�=� ,� RESOLUTION OF THE CITY COUNCIL
�, ���, .J�:?.y � No. 3 � � �
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RESOLUTION DIRECTING STAFF TO
ISSUE A JOINT USE DOCK LICENSE
TO PHEASANT LAWN HOMEOWNERS ASSOCIATION
SUBJECT TO CONDITIONS NOTED HEREIN
FOR THE PERIOD OF JANUARY 1, 1995 TO DECEMBER 31, 1995
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
resporisibility 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
• WI�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
WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate
the properry rights of the riparian owners both as to residential cwners and the commPrcial
marina owners to the extent prohibiting any interference with the public waters adjoining their
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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;
WI�REAS, 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 fishing therein; the riparian
owner has no exclusive privileges to these rights; and
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. � FamsWS oiskOrono
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O � O CITY of ORONO
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• �:e�=� .-� ' RESOLUTION 0 C 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
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
WHEREAS, the purgose 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
conditiozis noted on Exhibit A attached.
• Adopted by the City Council of the City of Orono at their meeting on the 27di
day of February, 1995. �
" � �.
Edw d J. Callahan, Jr., ayor
A T: Gabriel Jabbour, A ing Mayor
�
/orothy M. al , City Clerk
STATE OF MiNNESOTA )
) ss.
COUNTY OF HENNEPIN )
� The foregoing instrument was acknowledged before me on this 27th day of
February, 1995 by Edward J. Callahan, Jr. & 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.
� �, ,� �/.�
• �,:;.� , LINDA S.VEE Notary Public �
NOTARY PllBLMC-MINNESOTA
' •� HENNEPIN COUNTY
��-�•�''� My Comm(ssion Expires Jan.31,2000
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• CITY OF ORONO
EXHIBIT A
RESOLUTION NO. e3 � � �
CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE
I. LICENSEE: Pheasant Lawn Homeowners Association
Dock Address: 2790 Pheasant Road
Agent: Joseph T. Forrer
Address: 2655 Pheasant Road, Excelsior, MN 55331
Licensee is: unincorporated homeowner's group
X incorporated homeowner's association
unincorporated club or recreation group
incorporated club or recreation group
other
License Period - January 1, 1995 to December 31, 1995
• II. BOAT DENSITY
The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the
attached plan, Exhibits B-1 thru B-3, 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 Carman's
Transient (Day use only) Slips -
Permanent Moorage Slips 5 plus 1 detached
Boat Lifts -
Sub-Total: Slips at Dock 5 plus 1 detached
Offshore Buoys -
Maximum Boats in Water 6
Maximum Boats per prior license NA
• MAXIMUM BOAT DENSITY 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 Exhibits
B-1 and B-2. 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.
1. The City acknowledges the historic and continued use of this five-slip multiple
dock since the 1950's for the benefit of five designated non-riparian properties on
• the west side of Pheasant Road.
2. The City recognizes the easement over the Pheasant Lawn Homeowners
Association commons lot to provide lake access to Lots 15 and 18, Pheasant
Lawn, and Lots 1 and 2, Yale Smiley Addition, because as a result of past
dredging of the lagoon area in Lot 14, said lots might not abut the actual
shoreline of Lake Minnetonka at any given time.
3. The City acknowledges the existence of the portion of dock and shed existing on
City right-of-way and grants temporary permission for said dock and shed to
remain at their existing location within the right-of-way until such future date that
the City determines that removal of said structures from the City right-of-way is
in the best interests of the City of Orono.
4. The Homeowners Association and Mahoney shall agree to hold the City harmless
from any damage to any private or Association improvements within the
right-of-way that might be caused by the City. (Hold Harmless agreements on
file)
5. This approval grants a 1995 Joint Use Dock License to the Association for six
slips (including Mahoney's detached slip). Applicants are advised of the need to
henceforth apply. for a Joint Use Dock License annually.
•
• Exhibit A � 5 � �
Resolution No.
Page 3
6. The five multiple dock slips are designated for use by specific properties as
spelled out below, and no transfer of dock rights to different properties within the
subdivision of Pheasant Lawn may occur without City approval. Transfer of dock
rights to any property outside the subdivision of Pheasant Lawn or to any person
who is not a Pheasant Lawn property owner, will not be allowed.
7. The five properties which are each allowed one slip within the five slip multiple
dock are described as follows:
A. (Forrer) 2655 Pheasant Road (Lots 1, 2 and part of Lot 3, Pheasant
Lawn)
B. (Sherfl 2675 Pheasant Road (Lot 6, Pheasant Lawn)
C. (Reddick) 2695 Pheasant Road (Lot 8, Pheasant Lawn)
D. (David) 2725 Pheasant Road (North part of Lot 10, Pheasant Lawn)
• E. (Bakke) 2765 Pheasant Road (South Part of Lot 10, Pheasant Lawn)
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.
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