HomeMy WebLinkAboutResolution 1586 � ,� .
� .:, Ci.t� of ORONO �
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`�-� RESOWTION OF THE CITY COUNCIL
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NO. 1586 .
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RESOLUTION DIRECTING STAFF TO
ISSUE A JOINT USE DOCK LICENSE
TO BIG ISLAND VETERAN'S CAMP
, SUBJECT TO CONDITIONS NOTED HEREIN
FOR THE PERIOD OF JANUARY 1, 1983 to DECEMBER 31, 1983 '
. 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 frAm 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 DZinnetonka, 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 P�linnetonka.
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 2dinnetonka 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. �
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: � -: : � � City of ORONO
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�� RESOWTION OF THE CITY COUNCIL •
� NO. �.1586 �
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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 privi�leges 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 Chapter 74 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
condi�ions as �hey 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 Joirit 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 3D' day o f November ' , 19�8 3
Mary C. u 'Ier,�-Mayor °'' ��
ATTEST: . ' '
�-�%��-��-G2-���f�_�6� / • -
. • A�berta M. Strom, City �Clerk � � _
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� CITY OF ORONO
EXHIBIT A
� . RESOLUTION N0. 1586
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CONDITIONS �OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE '
I. LICENSEE Bia lsland Veteran' s Camp �
Dock Address Big Island � �
Agent The� Big Island Concerned Veterans . � .
. H. J. Serwat �
Address 41$6 Brookside Ave. S. , St. Louis Park, Mn. 55416 . �
� Licensee is : unincorporated homeowner' s group " .
iricorporated homeowner's association ,
� �inincorporated club or recreation group
incorporated club or recreation group
. XXX other State owned
� License Period - January 1, 19 83 to December 31, 19 83 �
II. BOAT DENSITY
. The number o.f in-place boat slips, lifts and buoys sha11 not exceed
the number shown on� the attached plan, Exhibit B, and in accordance �
with Resolution 938, in no case sha11 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 oniy) Slips 16 •
� Permanent Moorage Slips d �
Boat Lifts � .
Sub-Total: S:l.ips at Docks 16
Offshore buoys . � 0
Maximum Boats iri Wate� � p � � '
� Maximum Boats per prior license 0 .
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MAXIMUM BOAT DENSITY
Exceeding this maximum boat density, or exceeding the number of permitted
slips , lifts or buoys is a violation of this license:,subj ect to, revocation• -
and/or prosecution for violation of Section 74.O10 of the Orono Municipal
Code.
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� Exhib it A .
Resolution No. 1586
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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 � .
IV. SPECIAL CONDITIONS required for compliarice with the ordinance
of the City and/or the LMCD, The issuance of th is 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.
� None
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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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