HomeMy WebLinkAboutResolution 3081CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3081
RESOLUTION DIRECTING STAFF TO
ISSUE A JOINT USE DOCK LICENSE
TO NAVARRE COVE HOMEOWNERS ASSOCIATION
SUBJECT TO CONDITIONS NOTED HEREIN
FOR THE PERIOD OF JANUARY 1, 1992 TO DECEMBER 31, 1992
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
Is 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;
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
We public but the right to each riparian owner.
Page 1 of 2
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
Is 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;
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
We public but the right to each riparian owner.
Page 1 of 2
This mutual right of enjoyment
public generally includes the
boating and fishing therein; the
to these rights; and
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3081
which is shared by riparian owners and the
recreational benefits of the lake such as
riparian owner has no exclusive privileges
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
itoted general conditions and concerns and the following special conditions
s 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 10th day of February, 1992.
Barbara A. Peterson, Mayor
ATT ST: /
'// '4
othy M.(Ilallin, City
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument
day of February, 1992, by Barbara
City Clerk of the City of Orono, a
instrument was executed on behalf
is CAROLB A. ru EMAN
NOTARY PUBUO-MMESOTA
HENNEPIN COUNTY
MY COMMISSION EXPIRES 8.23.90
was acknowledged before me on this 10th
A. Peterson & Dorothy M. Hallin, Mayor &
Minnesota municipal corporation and said
of the City.
Notary Public '
Page 2 of 2
CITY OF ORONO
• EXHIBIT A
RESOLUTION NO. 3081
CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE
I. LICENSEE: Navarre Cove Homeowners Association
Dock Address: 2505 Kelly Avenue
Agent: Daniel T. Lindsay
Address: 100 South 5th Street, Suite 2500, Minneapolis, MN 55402
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, 1992 to December 31, 1992
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
•
a^hibit A
x
solution No. 3081
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
remises in a manner permitted by this resolution, but the use of Lake
innetonka 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.
•
°y RESOLUTION #3081
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