Laserfiche WebLink
Council <br />Exhibit B <br />CITY of ORONO <br />RESOLUTION OF TTE CITY COUNCIL <br />NO; - 9 90 <br />A RESOLUTION ESTABLISIHNG POLICY <br />REGARDING CERTMCATE OF SURVEY REQUIREpIENTS <br />FOR JOINT USE DOCK LICENSES <br />)VMREAS, the City of Orono is a municipal corporation Organized and existing <br />under the laws of the State of'Minnesota and has the authority and responsibility under Minnesota <br />Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and <br />a <br />general welfare of the citizens of the City and other members of the public T�dthin the City; and <br />V*WEREAS, the City shares coneurrentjurisdiction over the use of those portions of <br />Lake Minnetonka within the corporate boundaries of the City of Orono with the Lake Minnetonka <br />Conservation District and the Department of Natural Resources of the State of Minnesota; and <br />W]UREAS, the regulation of the navigable waters involves an exercise of police <br />power of the State, LMCD, and the City of Orono,A11 of which have adopteci rules to ensure to all <br />equal enjoyment of the public rights and equal protection from activity on or near the public waten <br />and on the land within the City which, if unregulated,- may be detrimental to the public health, safety <br />and general welfare; and <br />VMEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the <br />property rights of the riparian owners, including residential owners as well as the commercial marina <br />owners, to the extent OfPTOhibiting any interference with the public waters adj oining their prope*, <br />The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by <br />protecting against interference by anyone, including those who assert the common-law rights of <br />riparian owners, whether or not they be commercial marinas or residential owner . s; and <br />WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and <br />is shared by riparian owners and the public generally; no one riparian owner has exclusive privileges <br />over Lake Minnetonka. The only additional private right that any riparian owner may have over the <br />public generally is to construct one dock to the navigable depth of the public waters. There can be <br />no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to <br />use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other <br />riparianowners. This right is a right not only to members of the public but the right to each riparian <br />Page I of 3 <br />