Laserfiche WebLink
, T <br /> V . • <br /> � O� , <br /> O O <br /> ! '� � � CITY of ORONO <br /> ,� ��,.. � . <br /> , , � <br /> ti <br /> RESOLUTION OF THE CITY COUNCIL <br /> ���9 p4�'G NO. � � � � . <br /> k'Esi3 <br /> TION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE <br /> . TO WALTER'S PORT MAINTENANCE & IMPROVEMENT ASSOCIATION <br /> SUBJECT TO CONDITIONS NOTED HEREIN <br /> FOR THE PERIOD OF JANUARY 1, 2003 TO DECEMBER 31,2003 <br /> WHEREAS,the City of Orono,hereinafter"City"is a municipal corporation organized and existing <br /> under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State <br /> Statute 412,et. seq.and State Statute 462,et.seq.,to protect the health,safety,and general welfare of the citizens of <br /> the City and other members of the public within the City; and <br /> WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of <br /> Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of <br /> Minnesota; and � <br /> WHEREAS,the regulation of the navigable waters involves an exercise of police power of the State, <br /> LMCD,and the City of Orono,all of which have adopted rules to ensure to all equal enjoyment of the public rights <br /> �?nd equal protection from activity on or near the public waters and on the land within the City which,if unregulated, <br /> ay be detrimental to the public health, safety and general welfare; and <br /> WHEREAS,the regulations of the DNR,LMCD,and the City of Orono regulate the property rights <br /> of the riparian owners both as to residential owners and the corrunercial marina owners to the extent prohibiting any <br /> interference with the public waters adjoining their property. The LMCD,DNR and City of Orono must fulfill their <br /> trusteeship over the public waters by protecting against interference by anyone, including those who assert the <br /> common law rights of riparian owners,whether or not they be commercial marinas or residential owners; <br /> WHEREAS,as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by <br /> riparian owners and the public generally,no one riparian owner has exclusive privileges over Lake Minnetonka. The <br /> only additional private right that any riparian owner may have over the public generally is to construct one dock to <br /> the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian <br /> owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes <br /> in common with all other riparian owners. This right is a right not only to members of the public but the right to <br /> each riparian owner. <br /> This mutual right of enj oyment which is shared by riparian owners and the public generally includes the recreational <br /> benefits of the lake such as boating and fishing therein;the riparian owner has no exclusive privileges to these rights; ' <br /> and <br /> WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all <br /> �iparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights;and <br /> � Page 1 of 2 <br />