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Home My WebLink AboutResolution 4632 1- O � � • O O ��b. - � CITY of ORONO � � ti �� G'� . RESOLUTION OF THE CITY COUNCIL ��kESH�4�' NO. � � � � . � RESOLiJTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE � TO KELLY COVE HOMEOWNERS ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1,2001 TO DECEMBER 31,2001 WHEREAS,the City of Orono,hereinafter"City"is amunicipal 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 Sta.te 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 ofpolice power of the State, •L,MCD,and the City of Orono,all of which have adopted rules to ensure to all equal enjoyment of the public rights ancl equal protection from activity on or neaz the public waters and on the land within the City which,if unregulated, may be detrimental to the public health, safety and general welfaze; 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; i�VHEREAS,as to Lake Muuietonka,a mutual right of enjoyment exists between and is shazed by riparian owners and tlie 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 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 aze regulated in such a way as to ensure there is no abuse of the limited riparian rights;and Page 1 of 2 '��±c_,., �--- � O� • O O ��b - CITY of ORONU � � �� G'� RESOLUTION OF THE CITY COUNCIL ��sKO4� rvo. 4 fa 3 � 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 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 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 conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 26th day of March,2001. � .. Barbara Peterson, Mayor � � ATTEST: � ��- L��:-�y-ei�c �u.-F� �cer� �cNE�. ,P�ol�c�� STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 26th day of March,2001 by Barbara Peterson&Linda S. Vee, Mayor& City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. - �Z� Not Pu ic � � • � � MARY ANN JOHNSON �}�'`< NOTARY PUBLlC-MINNES07A r"rx•` MN Commisslon Expires Jan.31,2005 Page 2 of 2 < •t . .� _ � CITY OF ORONO EXHIBIT A � 6 � � RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE � I. LICENSEE: Kelly Cove Homeowners Association of Orono Dock Address: 2497-2503 Kelly Avenue(Outlot A,Kelly Cove) Agent: Austin H. Evans, President Address: 2497 Kelly Avenue,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, 2001 to December 31,2001 IL 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 C,and in accordance with Resolution 93 8,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: � 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 - � MAXIMUM BOAT DENSITY 4 `i � �-�� • Exliibit A ' �Resolution No. Page 2 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 5.42 Subdivisipn 2 of the Orono Municipal Code. � III. DOCK LAYOUT The dock structure or layout autliorized 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 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. � 1. Licensee shall comply with all eonditions 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. The 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 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. 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. � .