02-24-1986 Council Packet - Laserfiche WebLink

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City (if ORONO RESOLUTION OF THE CITY COUNCIL NO. RESOLUTIO0 DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO WALTER'S PORT MAINTENANCE & IMPROVEMENT ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR THP PERIOD OF JANUARY 1, 1986 TO DECEMBER 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 r-s the authority and responsibility under Minncsota Statutes, Statt: Statute 412, et. seq. and State Statute 462, et. seq.; to protect the health, safely, and general welfare of the citizens of the City and other members of th.. public within the City; and WHEREAS, the City shares concurrent jurisdiction over th, primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the ^apartment 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 Grono, all of wh 4. ch have adopted rules to ensure to all equal enjoyment of the p,iblic rights and equal protection from activity on or near the publ waters and on the land within the City which, if unregulated, may be detrimental to the public Health, safety and general welfare; and WHEREAS, the regular ions of 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 extent prohibiting any interference with the public waters a-3joining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over tl;o public waters by protecting against inter Ferencc- by anyone, includin(: those who assert the commonlaw rights of riparian owrcrs, whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public c,enera 1 1 y, no on,? ri )arian owner has exclusive privileges over Lake Minnetonka. The only additional private righ+- that anv 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 Minne onka 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. Page 1 of 2