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HomeMy WebLinkAboutResolution 5155 � °� o � o � • �� g : � CITY of ORONO � - :. ti �� G~' RESOLUTION OF THE CITY COUNCIL • �`�k'EsH.o4� . No. 5 1 5 5 RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE � TO KELLY COVE HOMEOWNERS ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 2004 TO DECEMBER 31, 2004 . WHEREAS,the City of Oro�ZO,hereinafter"City"is a municipal corporation organized and existing under the laws of the State of Mimiesota and has the authority and responsibility under Minnesota Stahites,State Statute 412,et.seq,and State Statute 462,et.seq.,to protect the hea1t11,safety,and general welfare of the citizens of tlie City aild otlzer members of the public within the City; a�ld WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetoi�lca Conservation District and the Department of Natural Resources of the State of Minnesota; and � • WHEREAS,the regulation of the navigable waters involves an exercise ofpolice 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 froin activity on or near the public waters and on the land within the City which,if unregulated, may be detriineiital to the public health, safety and general welfare; and WHEREAS,the regulations of the DNR,LMCD,and the City of Orono regulate the propertyrights ofthe riparia.n owners both as to residential owners and the commercial marina owners to the extentprohibiting 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; . WHEREAS, as to Lake Minnetonka, a mutual right of enj oyment 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 enj oyment which is shared by rip arian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein;the ripaxian 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 • ��,, .';:; �� . 'h�; ;�.���� ': . Page 1 of 2 ` � �r1g�, ' � ::��iir�l.:�;,'. • ! , f �Y4 +� �.4 , _ � � O� O O • '� g ; � CITY of ORONO � - :. ti , ��L �G~' RESOLUTION OF THE CITY COUNCIL . `9k'Es�IOg' N0. e� � A� ,� WHEREAS, the City has adopted reasonable regulations regarding the constnzction and use of lakeshore aild 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 followiilg 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 12th day of April,2004. .TTEST: .r��z.rL-.t. �J. v..e..� ... . T Linda S. Vee, City Clerk Barbara A. Peterson, Mayor STATE OF MINNESOTA � . COUNTY OF HENNEPIN 5�_ The foregoing instrument was acknowledged before me on this �l day of f���'� � ,2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. • �� '`'��'� RACHEL DODGE `� �� � %�('G�-� v ��� � NOTARYPUBLIC-h1W�E:�OTA � . ,.�.,�,,, My Cortunisslai Explres Jan.31,zoo5 , Notary Public �- .�`.rc""'..y�c�c.:..�:. -c. .c.— . STATE OF MINNESOTA COUNTY OF HENNEPIN � � The foregoing instrument was acknowledged before me on this /.�� day of /^C.L ,2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. • B�RBARA G.SILUS � � •,�'�?' IJOTRRY FUBLIC-M;NtvESOTA Notary Public y •; . �:�'�''� My Comm;ssio�Er.pires Ja�.31,2008 � j ,', i .;,u� +� ' �;;i�j ; �� 4� � "� i� � � .1� y. ? l� 1� � i � �� 'i �i � t - �� � � A .'l . i �t �l � t . . �L . '( �e I i0�� ;�� � I� � ;, �� � ; � �� �� . .� ,� �P,,�a,1ge 2 of 2 . '�' ., �;i �: ; .�Y �';. `� '6�' � �I��� � � ` . ;���:J �.� `� '� 9 � ��� � :�.I� h,M1 .. . �1 . �•� ��� �:�1� �'�l� �l .��� 1� �:1: ":I �: ly .�W �tll i:� �.lt ,�1 1 %� �i�l +�`�i ��+) ilil � F' • CITY OF ORONO � EXHIBIT A � 1 5 � RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I. LICENSEE: Kelly Cove Hoineowners Association of Orono ' Dock Address: 2497-2503 Kelly Avenue(Outlot A, Kelly Cove) � � � Agent: Austin H. Evans,President Address: 2497 Kelly Aveiiue,Excelsior, MN 55331 � � Licensee is: unincorporated homeowner's group � X incorporated homeowner's association unincorporated club or recreation group ' ' incorporated club or recreation group � other • License Period- January 1, 2004 to December 31, 2004 II. BOAT DENSITY � The number of in-place boat slips, lifts and buoys shall riot exceed the number shown on the attached plan,Exhibit B,and in accordance with Resolution 93 8,iii no case shall the number of authorized boat slips,lifts,or buoys exceed the number pernutted in the prior year's license. Authorized Boat Density per attached plan: Bay Carman � Transient(Day use only) Slips = Permanent Moorage Slips 4 Boat Lifts - Sub-Total: Slips at Dock 4 � Offshore Buoys = Maximum Boats in Water � 4 � Maximum Boats per prior license = . MA.��MUM BOAT DENSITY 4 . � . . � i ��.�� i �I f �� I'� t �;,;.�. . . . ? , ". ;� 41 . : l � .�., :! > � . . .� �xhibit A Resolution No. � 1 � � � Page 2 Exceeding this inaximum 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 5.42 Subdivision 2 of the Orono Municipal Code. 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. N. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subj ect to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. .' l. Licensee shall comply with all conditions and requirements of City of Orono Resolution No.4279. 2. The maximum allowed boat density per Resolution No.4279 is 4 total slips. Any increase above this • number of slips is prohibited. Tlie number of slips licensed for the current license period is 4. 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 subj ect to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. VI. 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. • � �� 5 �i 'i �:� 5' li . . 1 .b , . �A � 'I ' ill' .��' . ll �Il � . ;i `� _• '� ;i ' i`i �t y� U'f :`� :�. i. °�� ��� "il 4'� ° �' •� ' �i i A � � � II` 'i� 1.l �.t I �:i i;it' �r. � IU. �I ��%� i��I� !!f �i �Yi %�� II' .?� ,'�' i.;1•t ;'��.� •,'�ij' '' �� I I � ���.i . . �I(i i;�': !��i „ ., i31 � .� �:� t�� �r. .,,:� �n i t�t r �,�. ti s •�lfi� .,.. .,�, �..: . : . ��i �„� ..., ,� .i.i ,.... �; ... ,f �ti• ,i � �i �� � .