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'14 <br />CITYof ®BODY® <br />ti <br />J RESOLUTION OF THE CITY COUNCIL <br />NO. 5 990 <br />owner. This mutual right of enjoyment which is shared by riparian owners and the public generally <br />includes the recreational benefits of the lake such as boating and fishing therein, and the riparian <br />owner has no exclusive privileges to these rights; and <br />WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as <br />long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the <br />limited riparian rights; and <br />WHEREAS, since 1963 the City of Orono has required the annual lice, ing of joint <br />use docks in order to manage not only the use of the lake but also the land-based facilities that ns <br />support the lake use; and <br />WHEREAS, the City has adopted reasonable regulations regarding the construction <br />and use of Lakeshore and dock facilities when such facilities are used and maintained by three or <br />more families, which regulations include the annual licensing of Joint Use Docks pursuant to <br />Chapter 94, Article II, Sections 94-39 through 94-38 of the Orono Municipal Code, as well as the <br />land use provisions of the Orono Zoning Code, Orono Municipal Code Chapter 78; and <br />WHEREAS, in 2008, City staff conducted an assessment of the license information <br />on file for each of the joint use dock licensees of record, which revealed a number of the files <br />represent the current status of the land and dock facilities; and containing old, outdated, incomplete or inaccurate sketches, site plans or surveys that did not <br />WHEREAS, a current, updated certificate of survey provides the City with an <br />inventory and accurate record of what exists on the land and water; and <br />WHEREAS, as a result of the assessment, City staff directed each licensee to submit <br />a current certificate of survey showing the existing conditions of the property and dock configuration <br />for the 2009 license year. Based on the information on file, it was determined that certificates of <br />survey dated 2007 or later would be acceptable; and <br />WHEREAS, to further clarify the survey requirements for annual joint use dock <br />licenses, a policy outlining the survey requirement is proposed. <br />Page 2 of 3 <br />