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HomeMy WebLinkAboutResolution 2371 • 4� . _; - d C�t� o� ORONO � RESOLUTION OF THE CITY COUNCIL � � � NO. 2371 • � • • � RESOLDTION DIRECTIATG STAFF TO � � � ISSUE A JOINT DSE DOCR LICENSE TO NAVARRE COVE HOMEOWNERS ASSOCIATYON SUBJECT TO CONDITIONS NOTED HERLIN FOR THE PERIOD OF JANIIARY 1, 1988 TO DECL�MBER 31, 1988 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 responsibility "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; 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 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 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; � WH$RBAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public general ly is ,to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public general ly and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for • al l suitable purposes in common with al1 other riparian 'owners�. This right is a right not only to members of the public but the right to each riparian owner. Page 1 of 2 � c�t o� oR,oNo _ � • � ` (�' '� RESOLUTION OF THE CITY COUNCIL � NO. 2371 � - • • This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and WH$R$AS, Lake Minnetonka is capable of substantial beneficial public use only as long as al 1 riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHBR$AS, 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 Counci 1 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 Counci 1 of the City of Orono at their meeting on the 8th day of February, 1988. S James R. Grabe , ayor ATTE �: . �� - � . � o -othy M allin, ity Clerk � � Page 2 of 2 � . �.° . • CITY OF ORONO EXHIBIT A RESOLDTION NO. 2371 CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I. LICENSEE: Navarre Cove Homeowners Association Dock Address: 2505 Kelly Avenue _ . Agent: Tom Dahl Address: 2499 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 1, 1988 to December 31, 1988 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. Authorized Boat Density per attached plan: Bay Carman Transient (Day use only) Slips 0 Permanent Moorage Slips 6 Boat Lifts 0 ,� � Sub-Total: Slips at Dock 6 Offshore Buoys 0 Maximum Boats in Water 6 Maximum Boats per prior license same • MAXIMUM BOAT DENSITY __6__ ,�..�,�.,- • Exhibit A Resolution No. 2371 . . 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 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. IV. SPECIAL CONDITIONS required for compliance with the 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 license revocation and/or prosecution by the City. "NONE" 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. • . ' r .; '_� � ! o !J I"^OJ t,;L�' /�.Jti,*�' � . `" � I� .� � ' . ' hl�'.`^- r�.� '� , �4 7 � . • � ; ��/ ,.l e__� �/°FkmX' /7.� ' � �'� ' . , . 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