Laserfiche WebLink
p. - ■■ <br />r* <br />J'!;. <br />% <br />:4i; <br />',i <br />i Jr <br />m <br />p"' <br />hiJ- <br />P <br />w <br />PP <br />Ai-'f <br />.. V '.•■ <br />■'iA; ¥v«.' <br />fW: <br />A.i' <br />6; <br />te:.' <br />fcl vl'^ <br />te* <br />, K'^«. <br />i'r ' - ■ <br />flfc <br />1’ <br />fA!:: <br />X ^ l ' ’■<■Ft ' <br />»i <br />RBSOLOTIOM DIRECTING STAFF TO <br />ISSUE A JOINT USE DOCK LICENSE <br />TO BOARD OF GOVERNORS, BIG ISLAND VETERANS CAMP <br />SUBJECT TO CONDITIONS NOTED HEREIN <br />FOR THE PERIOD OF JANUARY 1, 1992 TO DECEMBER 31, 1992 <br />WHEREAS, the City of Orono, hereinafter "City" is a <br />municipal corporation organized and existing under the laws of the <br />State of Minnesota and has the authority and responsibility under <br />Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, <br />et. seq., to protect the health, safety, and general welfare of the <br />citizens of the City and other members of the public within the City? <br />and <br />WHEREAS, the City shares concurrent jurisdiction over the <br />primary harbor limit of the City of Orono with the Lake Minnetonka <br />Conservation District and the Department of Natural Resources of the <br />State of Minnesota? and <br />WHEREAS, the regulation of the navagable waters involves an <br />exercise of police power of the State, LMCD, and the Cicy of Orono, <br />all of which have adopted rules to ensure to all equal enjoyment of <br />the public rights and equal protection from activity on or near the <br />public waters and on the land within the City which, if unregulated, <br />may be detrimental to the public health, safety and general welfare? <br />and <br />WHEREAS, the regulations of the DNR, LMCD, and the City of <br />Orono regulate the property rights of the riparian owners both as to <br />residential owners and the commercial marina owners to the extent <br />prohibiting any interference with the public waters adjoining their <br />property. The LMCD, DNR and City of Orono must fulfill their <br />trusteeship over the public waters by protecting against interference <br />by anyone, including those who assert the commonlaw rights of riparian <br />owners, whether or not they be commercial marinas or residential <br />o%mers; <br />WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment <br />exlst:8 between and is shared by riparian owners and the public <br />generally, no one riparian ovmer has exclusive privileges over Lake <br />Minnetonka. The only additional private right that any riparian o%mer <br />may have over the public generally is to construct one dock to <br />navigable depth of the public waters. There can be no dispute but <br />that the public generally and each riparian owner to Lake Minnetonka <br />has the right to use the entire surface area of Lake Minnetonka for <br />all suitable purposes in common with all other riparian owners. This <br />right is a right not only to members of the public but the right to <br />each riparian owner. <br />Page 1 of 2