HomeMy WebLinkAboutResolution 1829 r•
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, . 3;� �: �: . . C�t� of ORO1�0
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• �z- RESOWTION OF�THE CITY COUNCIL
��� � NO. 1829
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RESOLUTION DIRECTING STAFF TO .
� ISSIIE A JOINT DSE DOCR LICENSE
TO MINNETONRA POWER SQIIADRON
SUBJFCT TO CONDITIONS NOTED HEREIN
. FOR THE PERIOD OF JANIJARY l, 1985 TO DECEMBER 31, 1985
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 responsiblity 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 publ 'ic within the City; �
and
WHEREAS, the City shares concurrent jurisdiction over the
primary harbor limit of the City of Oro.no 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 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 maYina owners, to the extent
prohibiting any interference with the public waters adjoining their .
property. The LMCD, DNR and City of Orono must fulfill their trustee-
ship 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;
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
nav-igable depth of the public waters. The�e can be no dispute but �
that the public gerierally 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
� � � �� 3=��°: � . City of ORO1�0
t: �
• ` '
� RESOLUTION OF�THE CITY COUNCIL
t
�;� " NO. 18 2 9 .
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� This mutual right of enjoyment whi�h 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 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 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 Counci 1 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 12th day of August, 1985.
. . _'``
� .
Mary C. But r, Mayor
ATT T: �
othy M. allin, ity Clerk
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Page 2 of 2
�� CITY OF ORONO
, � EXHIBIT A
RESOLDTION NO. 1829
CONDITIONS OF ,ISSUANCE FOR ANNUAL JOINT USE •DOCK LICENSE
I. LICENSEE: Minnetonka Power Squadron
Dock Address: Big Island, Record Lot #5
Agent: Robert W. Snook
Address: 5628 Johnson Drive, Minneapolis, MN 55436
Licensee is: unincorporated homeowner's group
incorporated homeowner's association
unincorporated club or recreation group
XX incorporated club or recreation group
other
License Period - January 1, 1985 to December 31, 1985
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 permitted in the prior year's
license. �
. � Authorized Boat Density per attached plan:
BaY Lower Lake
� Transient (Day use only) Slips � 45
Permanent Moorage Slips _
Boat Lifts _
� _ Sub-Total: Slips at Dock 45
Offshore Buoys _
Maximum Boats in Water ==�_ .
Maximum Boats per prior license 45
MAXIMUM BOAT DENSITY . _____ �
� Exceeding this maximum boat density, ar exce.eding the number of
permitted slips, lifts or buoys is a violation of this license subject
to revocation and/or prosecution for violation of Sect�ion 5.42
Subdivision 2 of the Orono Municipal Code. '
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. ' • . .
• Exhibit A
Resolution No. 1829
, Page 2
III. DOCK LAYOUT
The dock structure or Iayout authorized by this Iicense shall be as
shown on attached Exhibit B. �Any changes in this layout shall be
subject to prior review and approval of the City Counci�.
IV. SPECIAL CONDITIONS required for compliance with the ordinance of
the City and/or the LMCD. The issuance of this Iicense 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.
None
V. Nothing in this license shal.I 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 ordinance`s as the City and other competent regulatory authorities
• shall deem necessary from time to time in the public interest.
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