02-24-1986 Council Packet - Laserfiche WebLink

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Cite of ORONO RESOLUTION OF THE CITY COUNCIL NO. RESOLUTION DIRECTING STAFF TO ISSUE A JOINT [1SE DOCK LICENSE TO NAVARRE COVE HOMEOWNERS ASSOCIATION SUBJECT T( CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 1986 TO DECF14BER 31, 1986 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under. Minnesota Statutt. -�, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citi%ens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Departme, of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navagable 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 t '-lic rights and equal.. protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and c;eneral welfare; and WHEREAS, the regulations cf the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the fl!xtent prohibiting anv interference with the public waters adjoining their property. Th LMCD, DNR and City of Groner must fulfill their trusteeship over the public waters by pr)tecti, against interference by anyone, i.,cluding those who assert th„ commo. law rights of riparian owners, whether cr not they be commercial. marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment (--,x.ists between and is sharel by riparian owners and the public general iy, no one riparian owner has Exclusive privileges ov-r Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construe: .)ne dock to th- navigable depth of the public eaters. Thrr.e can ne no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to us( the entire surfoce area of Lake Minnetonka for all suitable purpo:,es in common with all other riparian ,Dwners. This right is a right not only to members of the publie but the right to each riparian owner. Page 1 of 2