HomeMy WebLinkAboutResolution 1827 \ V � •
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• �` �''� �� RESOLUTION OF�THE CITY COUNCIL
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RESOLIITION DIRECTING STAFF TO
ISSIIE A JOINT DSE DOCK LICENSE
TO NAVARRE COVE HOMEOWNERS ASSOCIATION
SIIBJECT TO CONDITIONS NOTED HEREIN
FOR THE PERIOD OF 3ANLJARY 1, 1985 TO DECEMBER 31, 1985
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 responsiblity 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;
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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;
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WHEREAS, the regulations of the DNR, LMCD, and the City of
Orono regulate the property rights of the riparian owners both as to - �
residenti�l owners and the commercial �arina owners, to the extent
prohibiting any interference with the public waters adjoining their
property. The LMCD, DNR and City of Orono must fulfill their trustee- �
ship 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 Minnetonka, 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.
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� =�'� ' RESOLUTION OF THE CITY COUNCIL
Y"���� � NO. 18 2 7
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This mutual right of enjoyment which is shared by riparian owners and
the public generally includes the recreational benefits of the lake
snch 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 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 12th day of August, 1985. �
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. Mary C. B 1 r, M .yor
ATTES : ' .
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o hy M. lin, C ty Clerk �
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• CITY OF ORONO
� EXHIBIT A .
RESOLDTION NO. 182�
CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE
I. LICENSEE: . Navarre Cove Homeowners Association
Dock Address: 2505 Kelly Avenue
Agent: Daryle L. Uphoff
Address: 2699 Kelly Avenue, Excelsior, MN 55331
Licensee is: unincorporated homeowner's group
• . XX. incorporated homeowner's association
unincorporated club or recreation group
incorporated club or recreation group
other
License Period - January l, 1985 to December 31, 1985.� .
II. 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 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.
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Authorized Boat Density per attached plan: �
Bay Carman
Transient (Day use onTy) Slips . 0
Permanent Moorage Slips 6
Boat Lifts . 0 �
Sub-Total: Slips at� Doek 6
Of f shore Buoys . 0
6
. Maximum Boats in Water . -____ .
Maximum Boats per prior license same
MAXIMUM BOAT DENSITY ==6=
� Exceeding this maximum boat density, or exceeding the number of
permitted slips, lif.ts or buoys is a violation of this license subject
to revocation and/or prosecution for violation of Sect�ion 5.42
Subdivision 2 of the Orono Municipal Cod�e.
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• Exhibit A
Resolution No. 1827.
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 I.ayout shall be .
subject to prior review and approval of the City Council.
IV. SPECIAL CONDITIONS required for compliance with tMe ordinance of
the City and/or the LMCD. The issuance of this license is subject to
full compliance with these conditions. Failure to comply with these
conditions is cause for Iicense revocation and/or prosecution by the
City.
None .
V. Nothing in this Iicense 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 resolutio.n, 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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