03-08-1999 Council Packet - Laserfiche WebLink

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ICE IN ^ OEScniacD ARK PAID . TniCAS. * . . •c B m • • >€<vJ77C^tr^Jf^ pet^nc^u I ritr/ /m, Stf/imn 2Z^TUTlf%KZilS ^ — — ^ f4 •• ■•• y* RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO PHEASANT LAWN HOMEOWNERS ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1,1999 TO DECEMBER 31,1999 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 mder 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»/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, aU of which have adopted rules to ensure to all equal enjoyment of the public nghts S^trot^ct^^ from acuity 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 riohts co.?I^olw°righteofrip“ WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between fd is shared by riparian owners and the public generally, no one riparian owner has exclusive pnvileges over Lake . each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public 'll' Lnefirof ?he ll such as boating and fishing therein; the riparian owner has no exclusive pnvileges to these rights; and 4 :: Page 1 of2