02-23-1987 Council Packet - Laserfiche WebLink

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Cite of ORONO RESOLUTION OF THE CITY COUNCIL M RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO SANDY BEACH PLACE SUBJECT TO CONDITIONS NOTED HEREIN VOR THE PERIOD OF JANUARY 1, 1987 TO DECEMBER 31, 1987 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 responsibi_'.ity under tinnesota Statutes, State Statute 412., et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and ether 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 Department of Natural Resources of the State of Minnesota; an3 WHEREAS, the regulation of the navagable waters involves an exercise of police power of the State, I,MCD, and the City of Orono, all of which have adopted rules to ensure to all equal crijoyment of the public rights and equal protection from activity on or near the public waters and on the land within the C, 4- which, if unregulated, may be detrimental to the public health, sa ety and general welfare; and WHEREAS, the regulations 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 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 thnsp who assert the commonlaw rights of riparian owners, whether or not they he 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 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 toe public generally and each riparian owner to. i,ake Minnetonka has they right to use the entire surface area of Lake Minnetonka for all suitable purposes; in common with al 1 other riparian owners. This right is a right not only to moinhors of they public but the right to each riparian owner. 13a(3e 1 of 2)