Laserfiche WebLink
• - , . <br /> w;:�i,.y • ' <br /> � -:��$d . = c�t o� oR,o�vo <br /> �K� 1�:. S:.� � <br /> • • ��t <br /> �:�j{ �1.::� .. <br /> t RESOLUTION OF THE CITY COUNCIL <br /> � � ` 2373 <br /> � NO. <br /> � - • • <br /> � RESOLUTION DIRECTING STAFF TO <br />� � ISSIIE A JOINT IISE DOCR LICENSE <br /> TO. VICTORIA ESTATES HOMEOWNERS ASSOCIATION <br /> SIIBJECT TO CONDITIONS NOTED HEREIN <br /> FOR THE PffitIOD OF JANDARY 1, 1988 TO DECEMBER 31, 1988 <br /> WHER$AS, the City of Orono, hereinafter "City" is a <br /> municipal corporation organized and existing under the laws of the <br /> State of Minnesota and has the authority and responsibility under <br /> Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, <br /> et. seq., to protect the health, safety, and general welfare of the <br /> citi.zens of the City and other members of the public within the City; <br /> and <br /> WH$REAS, the City shares concurrent jurisdiction over the <br /> primary harbor limit of the City of Orono with the Lake Minnetonka <br /> Conservation District and the Department of Natural Resources of the <br /> • State of Minnesota; and <br /> WH$REAS, the regulation of the navigable waters involves an <br /> exercise of police power of the State, LMCD, and the City of Orono, <br /> � all of which have adopted rules to ensure to all equal enjoyment of <br /> the public rights and equal protection from activity on or near the <br /> public waters and on the land within the City which, if unregulated, <br /> may be detrimental to the public health, safety and general welfare; <br /> and <br /> WHEREAS, the regulations of the DNR, LMCD, and the City of <br /> Orono regulate the property rights of the riparian owners both as to <br /> residential owners and the commercial marina owners to the extent <br /> prohibiting any interference with the public waters adjoining their <br /> property. The LMCD, DNR and City of Orono must f ulfill their <br /> trusteeship over the public waters by protecting against interference <br /> by anyone, including those who assert the commonlaw rights of riparian <br /> owners, whether or not they be commercial marinas or residential <br /> owners; <br /> WH$R$AS, as to Lake Minnetonka, a mutual right of enjoyment <br /> exists between and is • shared by riparia"n owners and the public <br /> generally, no one riparian owner has exclusive privileges over Lake <br /> Minnetonka. The only additional private right that any riparian owner <br /> may have over the public generally is to construct one dock to the <br /> navigable depth of the public waters. There can be no dispute but ` <br /> • that the public generally and each riparian owner to Lake Minnetonka <br /> has the right to use the entire surface area of Lake Niinnetonka for <br /> all suitable purposes in common with al 1 other riparian owners. This <br /> right is a right .not only to members of the public but the right to <br /> each riparian owner. <br /> Page 1 of 2 <br />