HomeMy WebLinkAboutResolution 3125 ��°� .
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��e. - CITY of URONO
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'�' RESOLUTION OF THE CITY COUNCIL
��`9k'E gOg'�G NO. 312 5
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RESOLIITION DIR$CTING STAFF TO
ISSIIE A JOINT IISE DOCK LICENSE
TO BOAl2D OF GOVERNORS, BIG ISLAND VETERANS CAMP
SIIBJECT TO CONDITIONS NOTED HERL�II�1
FOR THE PERIOD OF JANIIARY 1, 1992 TO D$GSI�ER 31, 1992 '
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 navagable 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
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
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 ..
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b. - CITY of ORONO
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��� �G'�' RESOWTION OF THE CITY COUNCIL
�kESH�g' Np, 3125
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 f ishing 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
WH$REAS, the City has adopted reasonable regulations
regarding the construction and use of lakeshore and dock facilities
when such facilities . are used and maintained by three or more
families, which regulations include the annual licensing of Joint Use
Docks pursuant to Section 5.42 of the Orono Municipal Code; and
WHEREAS, the purpose of this Resolution is to set forth the
above noted general conditions and concerns and the fol lowing special
• conditions as they relate to an application for an annual Joint Use
Dock License described on Exhibit A attached,
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the
City of Orono hereby directs the Staff to issue a Joint Use Dock
License according to the facts and conditions noted on Exhibit A
attached.
Adopted by the City Council of the City of Orono at their
meeting on the 26th day of May, 1992. .
�
' Barbara A. Peterson, Mayor
ATT T:
' � •
Do othy M. llin, City Clerk
STATE OF M NESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged bafore me on this
26th day of May, 1992, Barbara A. Peterson & Dorothy M. Hal lin, Mayor
• & City Clerk of the City of Orono, a Minnesota muriicipal corporation
and said instrument was executed on behalf of the City.
LINDA S. VEE � �
NOTARY PUBLIC - MINNESOTA �
HENNEPIN COUNTY
My commissio� expires e-�2� � Not ry Public
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CITY OF ORONO
�IBIT A
� R$SOI.DTION NO. 3125
� CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCR LICENSE
�
I. LICENSEE: Big Island Veterans Camp Board of Governors
Dock Address: Big Island - Record Lot #1 - 100 Big Island
Agent: Roger Fahrenkrug (Treasurer)
. Address: 5329 45th Avenue South, Minneapolis, MN 55417 �
Licensee is: Incorporated club or recreation group
(non-profit corporation.)
License Period: January 1, 1992 to December 31, 1992
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 iri the prior year's
license.
Authorized Boat� Density per attached plan: �
• Bay Lower Main Lake
Transient (Day use only) Slips 12
Permanent Moorage Slips 0 '
Boat Lifts 0
� Sub-Total: Slips at Dock 12 .
Of f shore Buoys �0
Maximum Boats in Water 12
(14 slips,
Maximum Boats per prior license 16 2 buoys under '
previous license)
MAXIMUM BOAT DENSITY, 1992 12
Exceeding this maximum boat density, or exceeding the number of
permitted slips, lifts or buoys is a vio lation of this license subject
to revocation and/or prosecution for violation of Section 5.42
• Subdivision 2 of the Orono Municipal Code.
i
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. �
. ` ` � .
Exhibit A
Resolution No. 3125 �
• Page 2
IV. SPECIAL CONDITIONS required for comp liance with the ordinance of
. the City and/or the LMCD. The �issuance of this license is subject to
ful 1 compliance with these conditions. Failure to comply with these
conditions is cause for license revocation and/or prosecution by the
City. .
1. Based on the 5 cabins and 25 tent-camping sites approved by
City of Orono Resolution #2802, 12 slips are approved for
the 1992 season per your application. These slips may be
used as permanent slips for camp-owned boats , or as
transient slips for day-use and overnight use by campers.
2. Future requests for additional slips will be subject to City
Council approval and shall be .reviewed and considered in
relation to the concurrent level of allowed camp activity.
3. 12 total slips are approved subject to LMCD approval of the
increase from 8 to 12 slips. ,
4. The use of non-encased styrofoam as a dock f lotatio.n device
wi 11 not be a 11 owed.
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
shal 1 deem necessary from time to time in the public interest.
• � �.
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