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Resolution 4112
Orono
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Reso 0001-7499
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Reso 4100 - 4199 (June 22, 1998 - November 23, 1998)
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Resolution 4112
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11/17/2015 1:58:43 PM
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-L.... �„ ' .. <br /> � . <br /> E` ' <br /> � O� <br /> • O O <br /> ��6. - CITY of ORONO <br /> � � <br /> '� RESOLUTION OF THE CITY COUNCIL <br /> . . , : � ��`�.kE 8p4�'G � � . � � . � NO.. � 4 �� �. � � �. � . .. . . . <br /> S . . . <br /> itESOLUTION DIRECTYNG STA�'�TO ISSiJE A JOIN�USE I)OCK LICEN�E <br /> TO BOARD OF GOV�RNORS,BIG ISLAND VET]ERAN'S CAMP <br /> SUB�CT TO CONDITIONS NOTEl)HEhtEIN <br /> FOR THE PElaIOID OF JANUARY 1, 1998 TO 1)ECEMBER 31, 1998 <br /> WHEREA�,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 <br /> of the City and other members of the public within the City; and <br /> WI�EI[�EAS,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 /> WH�R�AS,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#o�all equal enjoyment of the public rights <br /> and equal protection from activity on or near the public waters and on the land within the City which;if unregulated, <br /> may be detrimental to the public health, safety and general welfare; and . <br /> WY��REAS,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 commercial 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 /> commonlaw rights of riparian owners, whether or not they be commercial marinas or residential owners; <br />� WHEI�AS,as to Lake Minnetonka, a mutual right of enjoyment e�cists between and is shared by <br /> riparian owners and the public generally,no one riparian owner has exclusive privileges over Lake Minnetonka. <br /> . . The only additional private right that any riparian owner may have over the public generally is to construct one dock <br /> � �to 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 enjoyment 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 h�s no exclusive privileges to these <br /> rights; and . � <br /> • . WgI��2EAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all <br /> riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited�iparian rights; and <br /> . Page 1 of 2 . <br />
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