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Resolution 1096
Orono
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Reso 0001-7399
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Reso 1000 - 1099 (February 27, 1979 - December 11, 1979)
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Resolution 1096
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11/12/2015 11:34:17 AM
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,� �. - <br /> � Resolution No. �1096 <br /> � Page 2 . . - <br /> . 3. Because of the geographical location of the marinas <br /> and their proximity to heavy population, and the access to marinas <br /> by county and city roads, and the general use of the bays of Lake <br /> Minnetonka for recreation by way of swi�ing, boating, fishing and <br /> ' water sports by. the citizens of Orono, the city regulates both the <br /> on-land activities of marinas and the extensions of docks and mooring <br /> areas into �Lake Minnetonka in the interest of public order and to <br /> protect the life, safety and welfare of the community. The City • <br /> through its regulations is not licensing boats but is only licensing <br /> the marinas to the extent the marina operations affect the general <br /> public and the adjacent properties within the City of Orono. , <br /> 4. The City shares concurrent jurisdiction over the <br /> primary harbor limit of the City of Orono �with the LMCD and the , <br /> State of Minnesota, <br /> 5. The LMCD and the City of Orono have determined that . <br /> docks and mooring in excess of 200. feet from the ordinary high � <br /> water mark of property along Lake Minnetonka is an unreasonable <br /> •extension of riparian rights into the navigational channels and � <br /> body of Lake Minnetonka. <br /> � 6. The establishment of a dock and mooring line neither <br /> creates nor destroys the limited rights of the marinas but merely � <br /> regulates and limits the exercise of whatever riparian rights the <br /> marinas may have. � . <br /> � � 7. Absent such regulatioris,� who would fix and �adjust the <br /> proper compromise of the obviously conflicting interests of the use <br /> of Lake Minnetonka. Only the agencies of the State of Minriesota ' � <br /> and the political subdivisions thereof in exercise of the legislative <br /> law mak.i.ng and 'police power can prescribe , the rules by which these <br /> • "public highways" of the lake are regulated. <br /> - 8. The regulation of the navigable waters involves an <br /> exercise of police power of the state, LMCD and the City of� Orono, <br /> all of which have adopted rules to insure to all equal enjoyment � <br /> of the public rights and to suppress the clashi.ng of public and <br /> private interests and resulting public disorder. ' <br /> 9. In manp waps� the development and management of marinas <br /> �ithin the City of Orono are peculiarly subject to the local <br /> regulations of the City. <br />
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