Resolution 3694 - Laserfiche WebLink

Home Browse Search

_� '�<]�p� - 'v_ . . � O� . O O �e. � CITY of ORONO � � ��, �G'�' RESOLUTION OF THE CITY COUNCIL �kESH�4 NO. � s � � RESOLUTION DIRECTING STAFF TO � ISSUE A JOINT USE DOCK LICENSE TO THE OWNERS OF PROPERTY LOCATED AT 460 TONKAWA ROAD, 500 TONKAWA ROAD AND 550 TONKAWA ROAD SUBJECT TO CONDITIONS NOTED IEiEREIN FOR THE PERIOD OF JANUARY 1, 1996 TO DECEMBER 31, 1996 • WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of t�he State of Minnesota and has the authority and responsibility under Minnesota 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 other members of the public within the Ciiy; and WHEREAS,the City shares concurrent jt�risdiction over the primary harbor limit of the Ciry of Orono with the I,ake Minnetonka Conservation District and the Department of I�Tatural • Resources of the State of Minnesota; and �V]F�JERTAS, the regulation of the navigable v�aters involves an exercise of police pow��of the State, L,MCD, and the City of Orono, all of which have adopted rules to ensure tn a11 equal enjoyment o�the public rigYits and equal protection from activity on or near the public waters and on tl�e land within the City�=�hich, if unregulated,may be detrimental to the public health, safet�� and general welfare; and WI�REAS,the reb lations of the DNR,LMCD,a�id the City of Orono regulate the �roperty 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 those who assert the commonlaw ribhts of riparian owners, whether or not they be coirunercial marinas or residential owners; WHEREAS,as to Lake Minnetonka,a mutual right of enj oyment 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 rriay have over the puUlic 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 ri.ght to use the entire surface area of Lake Minnetonka for all suitable purposes in common v��ith all other � ripa:-ian owners. This right is a right not only to members of the public but the right to each ripazian owner. � Page 1 of 2