Resolution 5155 - Laserfiche WebLink

Home Browse Search

� °� o � o � • �� g : � CITY of ORONO � - :. ti �� G~' RESOLUTION OF THE CITY COUNCIL • �`�k'EsH.o4� . No. 5 1 5 5 RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE � TO KELLY COVE HOMEOWNERS ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 2004 TO DECEMBER 31, 2004 . WHEREAS,the City of Oro�ZO,hereinafter"City"is a municipal corporation organized and existing under the laws of the State of Mimiesota and has the authority and responsibility under Minnesota Stahites,State Statute 412,et.seq,and State Statute 462,et.seq.,to protect the hea1t11,safety,and general welfare of the citizens of tlie City aild otlzer members of the public within the City; a�ld WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetoi�lca Conservation District and the Department of Natural Resources of the State of Minnesota; and � • WHEREAS,the regulation of the navigable waters involves an exercise ofpolice 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 froin activity on or near the public waters and on the land within the City which,if unregulated, may be detriineiital to the public health, safety and general welfare; and WHEREAS,the regulations of the DNR,LMCD,and the City of Orono regulate the propertyrights ofthe riparia.n owners both as to residential owners and the commercial marina owners to the extentprohibiting any interference with the public waters adjoining their property. 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 common law rights of riparian owners,whether or not they be commercial marinas or residential owners; . WHEREAS, as to Lake Minnetonka, a mutual right of enj oyment exists between and is shared by riparian owners and the public generally,no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may 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 Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common 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 enj oyment which is shared by rip arian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein;the ripaxian owner has no exclusive privileges to these rights; .and • . . WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights;and • ��,, .';:; �� . 'h�; ;�.�� ': . Page 1 of 2 ` � �r1g�, ' � ::��iir�l.:�;,'. • ! , f �Y4 +� �.4