02-27-1995 Council Packet - Laserfiche WebLink

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RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO SANDY BEACH PLACE SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 1995 TO DECEMBER 31, 1995 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has •"u author^ and responsibility under Minnesota Statutes. Sute Statute 412. et. seq. and State Statute ‘^2, et. seq , to protect the health, safety, and general welfare of the citizens ot 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 MinnetoiJca 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, all of which have adopted rules to ensure •0 all equal enjoyment of the public rights and equal protection from activity on or near Ae public waters and on the land within the City which, if unregulated, may be detnmenul to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property riehts of the riparian owners both as to residential owners and marina owners to the extent prohibiting any interference with tte public wMers adjoimng *.ir nronettv 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 Jriparian 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 exclu^ve privileges over Lake Minnetonka. The only additional pnvate right that any 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 Ijke SLnka has the right to use the entire surface area of Lake Minnetonka for all suitable ^ui^ols L co^,„ with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the ripanan owner has no exclusive privileges to these rights; and Page 1 of 2