08-12-1996 Council Packet - Laserfiche WebLink

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GITYof ORONO RESOLUTION OF THE CITY COUNCIL 8 69 5 ^NO. RESOLUTION DIRECTING SI .VFF TO ISSUE A .JOINT USE DOCK LICENSE TO BIG ISLAND, INC. SI B ILCr TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF J.ANUARV 1, 1996 TO DECEMBER 31,1996 M HEREAS, the City of Orono. hereinafter ■'Cit>" is a municipal corporation o.-ean:zed and existing ui'.der the laws of the State of Minnesota and has the authority and reJponsibilicy under Minnesota Statutes. State Statute 412. et. seq. and State Statute 462. et. seq.. to prc'tect The heahh. safety, and general welfare of the citizens of the Cit>- and other members of the public within the City; and \N HERE.AS, the City shares concurrent jurisdiction over the prirnar- harbor limit of the Civ'’ of Orono with the L akc Minnetonka Conservation District and tite Department of Kaunal Resources of the State of .Minncsoui; and S^'IIERE.AS, the regulation of the navigable wr.ter.s involves an exercise of police power of the Stale, LMCD. and the City of Orono. ail of which have adopted rules to ensure to all ccj jrs! emoyiaent of tlie public lights and equai protection fioin activity on or near inc public waters jud or. the kind witliin the City which, if unregulated, may be dctiimenta! to the public hcaiin, safety an J general welfare; a.nd WHEREAS, the regulations of the DNR, LMCD. and trie City- of Orono regulate the ".looertv rights of the riparian owners both as to residential owners rnd the commercia» marma vvvners to the cxiem prohibiting any interference with the public waters adtoiiiuig taeir propc.,v. The LMCir*. DN'R and City of Orono must fulfill their trusteeship (A’cr the public waters by protcetinti again.st inierfercnve by a.nyone, including those who asseit the ccni.monUiw rights t;. rire-ian owne’S. whether or not they be commercial .marinas or residential owriais. is .^l• U'HERf.AS. as to Lake MiniietonKa. a mutual right of enjoyment exists between .'ina .....-.area d\ ripanat! ownci.< a-.d ilic public generally, no one ppaiiiui owner ins exclusive privileges OT cr Lake Minnetonlta. The only additional prixaie ricli* ih.ni any riparian owxier may ha\ e over the public generafly is to conrnici one dock to the navigable depth of the public waters, fhere caii be no dispute but th.at the public generally and each riparian owner to L ake .Minnetonka has the nght to use tl'e entire surface .area oi Lake Minnetonka lor ail suiUable purposes in common with all oili».r rirarian owners. Tnis riuhi is a rielu not only to members of the public but the right to each npanan • ^ ^ owner. This mutual right of enjoyment wliich is shared by riparian owners and ‘he public generally includes the recreational benefits of the lake such as boating and fishing therein; the nparian owner has no exclusive privileges to these rights; and \i Pace ! of2