HomeMy WebLinkAboutResolution 6621CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6621
RESOLUTION DIRECTING STAFF TO
ISSUE A JOINT USE DOCK LICENSE
TONKAWA, INC.
PROPERTY OWNERS OF
460,500 AND 550 TONKAWA ROAD
SUBJECT TO CONDITIONS NOTED HEREIN
FOR THE PERIOD OF JANUARY 1, 2016 TO DECEMBER 31, 2016
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
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
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 common law
rights of riparian owners, whether or not they be commercial marinas or residential owners;
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO 6621
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.
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
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 94-37 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 below:
A. LICENSEE: Tonkawa, Inc.
Property owners of 460, 500 and 550 Tonkawa Road
Dock Address: 500 Tonkawa Road
Agent: c/o Trish Goodchild, Office Administrator of Family Services
Address: Tonkawa, Inc.
301 Carlson Parkway, Suite 275,
Minnetonka, MN 55305
Licensee is: other: Not Applicable
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B. BOAT DENSITY
CITY OF OR.ONO
RESOLUTION Of THE CITY COUNCIL
NO. 6621
The number of in-place boat slips, lifts and buoys shall not exceed eight (8) as shown on
the attached plan, Exhibit A, 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
Stubbs
Transient (Day use only) Slips
0
Permanent Moorage Slips
8
Boat Lifts
0
Subtotal Slips at Dock
8
Maximum Boats in Water
8
Maximum Boats per Prior License
8
Maximum Boat Density
8
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 94-37 of the Orono Municipal Code.
C. DOCK LAYOUT
The dock structure or layout authorized by this license shall be as shown on attached
Exhibit A. Any changes in this layout shall be subject to prior review and approval of the
City Council.
D. 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.
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6621
1. The eight approved slips are for the exclusive private use of the property owners
at 460 Tonkawa Road (Gage), 500 Tonkawa Road (Nelson) and 550 Tonkawa
Road (Carlson).
2. This approval grants a 2016 Joint Use Dock License to the private property
owners for 8 slips. Applicants are advised of the need to henceforth apply for a
City of Orono Joint Use Dock License annually.
E. 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 STYROFOAM DOCK ADVISORY. Licensee is advised that the use of unprotected
Styrofoam as a dock flotation material has been banned per Ordinance No. 104, Second
Series.
WHEREAS, on November 22, 2010, the City adopted Resolution No. 5990,
establishing the policy regarding certificate of survey requirements for joint use dock licenses.
WHEREAS, the owners of property located at 460, 500 and 550 Tonkawa Road
have submitted a survey dated, April 16, 2010 which complies with Resolution No. 5990.
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 above.
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this
25th day of April, 2016.
ATTEST:
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JMX J&L
'aneTiegs, City Clerl Lili Tod McMillan, Mayor
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