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Home My WebLink AboutResolution 2601 c� —"� ��i��?��,�Y�1�w. � � �� Clt� o� ORONO • RESOLUTION OF THE CITY COUNCIL q„'. � "�" NO. 2601 � • '�• • t>, ,�A;.::;,_ RESOLIITION DIRECTING STAFF TO � ISSDE A JOINT IISE DOCR I�ICENSE TO NAVARRE COVE HOMEOWNERS ASSOCIATION SIIBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 1989 TO DFCffi�iBER 31, 1989 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State af Minnesota and has the authority and respansibility 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 Resaurces of the State of Minnesata; and � WHEREAS, the regulation of the navigable waters involves an ��xercise of police power of the State, LMCD, and the City of Orono, al1 of which have adopted rules ta ensure to all equal enjoyment of the public rights and equal pratection 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 regulatioris 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 anyane, including thase wha assert the commanlaw rights of riparian owners, whether or not they be commercial marinas or residential owners; WHEREAS, as ta Lake Minnetanka, a mutual right of enjoyment exists between and is shared by riparian owners and the public general ly, 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 dack 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 riinnetonka for all suitable purposes in common with all other riparian awners. This right is a right not only to members of the public but the right ta each riparian owner. '� Page 1 ot 2 � , � ��K ;�� Ci.t o� ORONO �=�� RESOLUTION OF THE CITY COUNCIL 4,. ...,� _ NO. 2601 � • :.._ •� • ,�:,;;°;<,:.��:�: 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 ancl fishing therein; the ri�arian awner has no exclusive privileges to these rights; and . WH$REAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is na abuse af the limited riparian rights; and . WHEREAS, the City has adopted reasanable regulations regarding � the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code; and WH$REAS, the purpase of this Resolution is ta 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 Counci 1 of the City of Orona at their meeting on the 13th day af March, 1989. : - Jame R. Grabek, ATT ST: : . 0 othy alliri, City Clerk STATE OF M NNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of March, 1989, by James R. Grabek & Dorothy M. Hallin, Mayar & City Clerk af the City of Orona, a Minnesota municipal corporation and said instrument was executed on behalf of the City. �.....,�..m.o.. • • ,=�"y�'•.'�,:� LAUR{E K. SCt-IEFFLER . '�'�,.��;��=� NOTART FUBL{C-MIN�ESOTq N tar PLlb 1C ,'•E� :� r...�,.-_•'%? y ' '.�-:�' HENNEPIN COUf�TY `f�>,";;�;�::.>r My commisaion oxpires6•3-93 My Commission Ex�ires . Page 2 of 2 .� CITY OF ORONO • EXHIBIT A RESOLUTION NO. 2601 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 associativn unincorporated club or recreation group incorporated club or recreation group other License Period - January 1, 1989 to December 31, 1989 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 buays 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 Of f shore Buoys 0 Maximum Boats in Water 6 Maximum Boats per prior license same MAXIMUM BOAT DENSITY 6 � V✓ � � Exhibit A •Resolution No. 2601 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 Subdivisivn 2 af the Orono Municipal Code. III. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown an attached Exhibit B. Any changes in this layout shall be " subject ta prior review and approval of the City Council. • IV. SPECIAL• CONDITIONS required for c�mpliance with the ordinance of the City and/or the LMCD. The issuance vf this license is subject to ful 1 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 resolutian, but the use of Lake •Minnetonka and the premises shall remain subject to such regulations and vrdinances as the City and other competent regulatary authorities shal l deem necessary from time to time in the public interest. • � % j ' �____--�. TO �� r"Q, ��X� �i �• ' .. ' . ► , •• ?�� , ' 1`�orL.:=__ : , �� , , . 2 � �( y ��0� • /N� • �• •�'t�^1.. � /7S� ' � ' ' ' �FR - —- �— 1 • {O y `, • \ .. �^,�� ' ' � � : . . .. _. / Y 3 � \ . . . . • " � :.'• • . , .. . ' , .: ' . . , . , .. . .� . . 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