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Home My WebLink AboutResolution 1502 .,— ;.' � -,�' � ?1 " � � �', � � C�t� o� ORONO � � � � � �,, ,'�ii �f`*`' �;z'' RESOWTION OF THE CITY COUNCIL y� \� • � -��:�; ,> NO. 1502 -:w: : -�jy� • �4` � � ' . . J��t,..,• •�',.�t�� ' . ' • • �� RESOLUTION DIRECTING STAFF TO ;.;:;;:.,:,.,. '. . ISSUE � JOINT USE DOCK LICENSE TO FOREST ARR2S COUNTRY CLUB ADDITION HOMEOWNERS ASSOCIATION, INC SUBJECT TO CONDITIONS IQOTED HEP.EIN � FOR THE PERIOD OF JANUARY .1 , � 1983 to DECEMBER 31, 1983 ��YEREAS , the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of PSinnesota and has the authority and responsibility under Minnesota Statutes , State Statute 412 , et. seq. an'd .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 ' � WHEP.EAS, 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 . WHEFZEAS, the regulation of �he 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 adjoin�ng 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�tinnetonka. 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 aIl other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. 1 2 � � ta . � , r� �k Cit o� ORONO � � �� i �, . � ��<,�z . . . � i � ��y �� RESOLUTION OF THE CITY COUNCIL ' �.,, . �,;�:� . � NO. 1502 � � �,;,t� � • ':�'�: • ' • •;� —�s.. , This mutual riqht of enjoyment which is shared by riparian owners and the public generaliy 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 Minneton}:a 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 ' �ta 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, NOtid, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock I,icense . 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 llth day of July , 1983 � � . ��T� . • N!ary . Butler, :�4ayor Thomas Frahm, Acting Mayor ATTEST: �� • A�'�erta M. Strom, City Clerk � 2 2 . , " ,, r � . � � � CITY OF �ORONO " EXHIBIT A RESOLUTION N0. 1502 . CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I. LICENSEE Forest Arms Country Club Addition Homeowners As,sociation, Inc. Dock Address 4.245 Forest Lake Drive Agent James R. Grabek Address 960 Forest Arms Lane, Mound, MN 55364 , Licensee is : unincorporated homeowner' s group � X incorporated homeowner' s association unincorporated club or recreation group. . incorpora�ed club or recreation group other License Period - January 1, 19$� to December 31, 1.9 83 II. BOAT DENSITY � � The numbex 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 perm.itted in the prior year'�s license. Authorized Boat Density per attached� plan: � Bay Forest Lake Transient (Day use only) Slips - Permanent Moorage Slips . � . 14 Boat Lifts - Sub-•Total.: S.1ips at Docks 14 " Offshore buoys __ Maximum Boats in Water 14 . Maximum Boats per priar license • E MAXIMUM BOAT D NSITY 14 Exceeding this maximum boat density, or exceeding the number of permitted slips , lifts or buoys is aviolation of this license subject to revocation and/or prosecution for violation of Section 74.010 of the Orono Municipal ' Code, ,'_ ; �,�• . y� . Exhib i t A , Resolution No. 1502 Page 2 ' , III. DOCK LAYOUT The dock structure or layout authorized by thi5 license shall be as shown on attached Exhibit B. Any changes in th'is 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 t�e 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. • • . , The Pruchase Agreement by and between the City of .Orono and the Forest Arms Country Club Addition Homeowners Association, Inc. will permit a maximum of 14 slips. The City wil� approve 12 slips for this license year based on the number of developed interior lots within the •s:�bject plat. � V. . Nothing in this license shall con�er 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. .�� . . . . . . . . , , � M��,� r_,. �, � �.p�.Q �� 1502 . . � ' �I � —._._ .- � --- �i-�:�" L r s pro.±�,L.� �zL . . � . ��l� r t�v��`' /� . . . : . . � � � � � � � � �3 _ � . � ,. . . I . � I � - � r �, o �— m � t� � . �� N �{- � � W . �:- � � I � , . . o . O. a ;�� . �-r---�---;� � __. . ._ .... - ---- I _ _ O _.-, C� Q � � ; � C=_[ __J�_�.L__� � . � J . � I r r-�� , . � L� . � N � , 4 . I � 0 0 1-1�---�---�-L—� � - ' _ - O -� � ' I � � ... i� � .i�. i.. . . � ► � . Q ; . . . !� `� . � L L_ .� _. .I ..---1y: �� °�� . _ I�� '• �:N a . o �� . L: I � �.--.(._:. I..---�—� . � � � �' 1 I ....I.__:_1-: � � I — - � �� ._ . .� � . ! N o � • ' � . . d � � - • -•-•^- -. � . - � _ — I i � � � . . � , V' ' � . : , . - ' I c � ' '. . 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