HomeMy WebLinkAboutResolution 1116 C�t� of ORONO �
� RESOLUTION OF THE CITY COUNCIL
• No. _ I//�
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RESOLUTION DIRECTING STAFF TO
ISSUE A JOINT USE DOCK LICENSE
TO KELLY AVENUE HOLDING COMPANY
SUBJECT TO CONDITIONS NOTED HEREIN
FOR THE PERIOD OF JANUARY l, 1980 to DECEMBER 31, 1980
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 commonlaw rights of riparian owners,
whether or not they be commercial marinas or residential owners;
WHEREAS, as to Lake rlinnetonka, 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.
PAGE 1 OF 2
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C�t� o� ORONO
RESOLUTION OF THE CITY COUNCIL
• NO. _���f�
• - � •
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 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
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 condition5 noted on Exhibit A attached.
Adopted .by the City Council of the City of Orono at their meeting on
the ��day of , 19 �L�.
/V
P7illiam B. Van Nest, Mayo
ATTEST:
Walter R. B n, City Ac�mini ator
PAGE 2 OF 2
CITY OF ORONO
EXHIBIT A
RESOLUTION N0. /�
CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE
I. LICENSEE Kelly Avenue Holding Company
Dock Address 2505 Kelly Avenue
Agent James Lindsay
Address 2499 Kelly Avenue, Excelsior, Minnesota 55331
Licensee is : unincorporated homeowner' s group
XX incorporated homeowner' s association
unincorporated club or recreation group
incorporated club or recreation group
� o ther
License Period - January 1, 19 80 to December 31, 1980
II. BOAT DENSITY
The number of in-place boat slips, lifts and buoys shall not .exceed
the number shown on the attached plan, F�hibit B, and in accordance
with Resolution , 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:
gay Carman
Transient (Day use only) Slips
Permanent Moorage Slips 6
Boat Lifts
Sub-Total: Slips at Docks 6
Offshore buoys
Maximum Boats in Water 6
Maximum Boats per prior license 6
MAXIMUM BOAT DENSITY 6
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 74.010 of the Orono Municipal
Code.
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Exh ib i t A
Resolution No. ���� �
Page 2
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 compliance 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
';,
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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