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Home My WebLink AboutResolution 2460 • s. ' � -� .� �� d c�t o� oR,oNo � • RESOLUTION OF THE CITY COUNCIL � , ',"� NO. 2460 � • • • ` A RI�SOLDTION DIRECTING STAFF TO ISSOB A JOINT DSE DOCR LICRNSE . . TO BOARD OF GOVERNORS, BIG ISLAND V$T$RANS CAMP : . • � SDBJECT TO CONDITIONS NOTED H$R�IN FOR TH$ PffitIOD OF JANIIARY 1, 1988 TO DBC�ER 31, 1988 WHBRBAS, 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 Gnd responsiblity under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the hea lth, saf ety, and genera 1 we 1 f are of the citizens ot the City and other members of the public within the City; and WH$R$AS, 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 r • WH$REAS, the regulation of the navigable waters involves an '; exercise of police power of the State, LMCD, and the City of Orono, • , all of which have adopted rules�to ensure to all equal enjoyment of -� the public rights and equal protection from activity on or near the ; public waters and on the land within the City which, if unregulated, � may be detrimental to the public health, safety and general welfare; and � WHSR$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 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; WH$R$AS, 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 aver 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 general ly 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 ! � , :. � Cit of ORONO _ �' • . - �<(� RESOLUTION OF THE CITY COUNCIL .� NO. 2460 • ' • • -`. 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 WH$RSAS, Lake Minnetonka is capable of substantial . .beneficial public use only as long as al 1 riparian users of the lake . �are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WH$R$AS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and clock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use ' Docks pursuant to Section 5.42 of the Orono Municipal Code; and �� WHBREAS, the purpose of this Resolution is to set forth the ^ above noted general conditions and concerns and the following special �•� • conditions as they relate to an application for an annual Joint Use Dock License described on Exhibit A attached, . � NOW, TH$RBFOR$, BE IT R$SOLV$D, 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. �y Adopted by the City Counci 1 af the City of Orono at their �- meeting on the 27th day of June, 1988. ' ,�, •'h ,..,j � ' � ATT T: :� � :�; : � - . � rothy . Ha11in, City Clerk James R. Grab , ayor � . Edward J. Ca ahan, Jr. , Acting Mayo� .� , • ' ; ,_ Page 2 of 2 ;� � . � , :� �� A � _ _ _ . e � � CITY OF ORONO � S 4 � EXHIBIT A � . RESOLDTION NO. 2460 , � CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCR LICENSE � ,� I. LICENSEE: Board of Governors, Big Island Veterans Camp , � Dock .Address: Big Island - Record Lot #1 H � Agent: Reith E. Aakre (Secretary) =i � � � Address : 4270 Circle Road, Tonka Bay, MN 55331 . Licensee is: Incorporated club or recreation group and other ,� non-profit corporation. .� � License Period - January 1, 1988 to December 31, 1988 �� . � II. BOAT DENSITY .� ,� . . . `� The number of in-place boat slips, lifts and buoys shall not exceed ;� the number shown on the attached p lan, Exhibit B. ` � Authorized Boat Density per attached plan: � � Bay Lower Main Lake � .Y �� Transient (Day use only) Slips 4 ; _ I ,� Permanent Moorage Slips 4 .� Boat Lifts 0 � ., �' Sub-Total: Slips at Dock 8 „ Offshore Buoys 0 .; Maximum Boats in Water 8 ' Maximum Boats per prior license 16 (14 slips, 2 buoys under previous license) >s ' MAXIMUM BOAT DENSITY, 1988 8 . •i I Exceeding this maximum boat density, or exceeding the number of :'x 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 shal l be as '�r shown on attached Exhibit B. Any changes in this layout shall be '= subject to prior review and approval of the City Council. t .fi - ,, � �', '� . - + , � `r . - L! . . r�G -'.� `-� � Exhibit A • '� Resolution No. 2460 � w Page 2 =;� �� 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 comp ly with these '�' conditions is cause for license revocation and/or prosecution by the {« � City. 1. Dockage for 1988 is limited to 4 permanent slips and 4 transient (day use only ) slips. Future requests for � additional permanent or transient slips for 1988 or future ;:� years wi 11 be sub ject to City Counci 1 approva 1 arid sha 11 be reviewed and considered in relation to the concurrent level � � of allowed camp activity. . ___ 2. Two of the four permanent slips shall be designated for �; overnight use by the two camp-owned boats for 1988. Any � other overnight use of the licensed dock facilities is specifically prohibited without a Conditional Use Permit a 1 lowing such use. • 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 trom time to time in the public interest. � ::� • , �::, �•.. i r>:i � ;,i t'.a � I . , ;� ! _ :i�� -- ; .��„� . . : r„i —— — �