05-09-1994 Council Packet - Laserfiche WebLink

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^ m ^ CITY of ORONO resolution of the city council NO. 8 4 0_i------- RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO SANDY BEACH PLACE SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANDARY 1, 1994 TO DECEMBER 31, 1994 WHEREAS, the Citv *.r Orono, hereinafter "City" is a municipal corporation organized and existing under the Uws -r the State of Minnesou and to dte authonry and responsibility under Minnesota Statutes, -.ute Statute 412 et. seq. and Sute Smmte 462 eh 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 WTIEREAS, the Citv shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Deparnnent 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 to all equal enjoyment of the public rights and equal protection from act^ity on or ne^ ^e public waters Ld 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 rights of the riparian owners both as to residential owners and the coc^ercia marina owners to the extent prohibiting any interference with the public waters property. The LMCD. DNR and City of Orono must fulfill their trusteeship over the public wat«s by protecting against interference by anyone, including those who assert the commonlaw rights of riparian owners, whether or not they be commercial marinas or residcnual 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 c’^clusive privUeges overUke Minnetonka. The only additional private right that any npanan o^er may Lve over the public generally is to construct one dock to the navigable depth of the pu waters. There can be no dispute but that the public generally and each nparian owner Minnetonka has the right to use the entire surface area of Lake Minnetonka for sui ^ses in common wiSi aU other riparian owners. TTiis 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 ge^raUy indues the rwrcational benefits of the lake such as boating and fishmg therem; the npanan owner has no exclusive privileges to these rights; and Page I of 2