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Home My WebLink AboutResolution 1637 r �, � V • I Clt� o� ORONO � � RESOLUTION OF THE CITY COUNCIL � NO. 1637 � • � • • . RESOLUTION DIRECTING STAFF TO ' � . ISSUE A JOINT USE DOCK LICENSE � � � TO VICTORIA ESTATES HOMEOWNERS ASSOCIATION ' SUBJECT TO CONDITIONS NOTED HEREIN . ' FOR THE PERIOD OF JANUARY l, 1984 to DECEMBER 31, 1984 V•7HEREAS, 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 prbtect„ 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 . WHEREAS, the regulation of the navigable waters involves an . •' exercise of police power of the State, LT�CD, 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 la�d 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; WHER�AS, as to Lake D�innetonka, 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�Iinnetonka. 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 r-iparian owners. This right is a right not • only to members of the public but the ric�ht to each riparian owner. 1 of 2 .> L� • , Cit� of ORONO • Q� RESOLUTION OF THE CITY COUNCIL � � NO. 1637 • � • • This mutual right of enjoyment whicli 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 conditions noted on �Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 14 day of May � 19 84 C � Mary C. tler, Mayor ATT ST: � � � � . • A� 'erta Strom, City Clerk � . Dorothy . Hallin, Deputy City Clerk 2 of 2 . . . - . • � CITY OF ORONO .. • EXHIBIT A . . RESOLUTION N0. 1637 CONDITIONS �OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE - I. LICENSEE Victoria Estates Homeowners Association ' ` Dock Address 540 North Arm Drive � Agent R. M. Cargill � Address 580 North Arm Drive, Mound, MN 55364 . Licensee is: � � unincorporated homeowner' s group XXX incorporated homeowner's association � unincorporated club or recreation group incorporated club or recreation group � other � . License Period - January l, 19 84 to December 31, 19 84 : • II. BOAT DENSITY . � •� , The number of 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 shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year' s license. Authorized Boat Densi.ty per attached plan: � BaY �Iorth Arm Transient (Day use only) Slips � Permanent Moorage Slips � 6 Boat Lifts 0 Sub-Total: S:1ips at Docks � � Offshore buoys � . Maximum Boats in Water 6 � Maximum Boats per prior license --- � 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, � • . � � ExYrib it A • Resolution No. 1637 . -�� . Page 2 � III. DOCK LAYOUT � The dock structure or layout authotized 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 lic�ense 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. 1. Six slips are approved for Victoria Estates Homeowners Association for 1984 subject to the stipulations set� forth in� Resolution #962 dated December 18, 1978 2 . All boats permanently moored at this joint use dock must be registered to the applicant property owners. � • • � . 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. � . � elonka � '� :. ' • .;;i . �Xff1�31 T g . . ._. . , ,. ^ ke � Min� . ' . ��.% ' ' �esoc..�.��c-ro,� /V�, 1637�. , ~ y . �,a .. :- . ' . .: . .. . y Y �� 1 + C�: . r�N � . . ' �._.._ a :.: i' . ' � y t ti .� ` � J�lT!/� � / ' t., �fry R . i'� ' : } r i r� .T a`�FY'.` s '. ..,-(' .` � S� �r�.h�•�—��5� a"s. � '� ai � . } �� . . L��'� � 1X��:�{�KF{x�Y t+T�i . 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