Resolution 2601 - Laserfiche WebLink

Home Browse Search

c� —"� ��i��?��,�Y�1�w. � � �� Clt� o� ORONO • RESOLUTION OF THE CITY COUNCIL q„'. � "�" NO. 2601 � • '�• • t>, ,�A;.::;,_ RESOLIITION DIRECTING STAFF TO � ISSDE A JOINT IISE DOCR I�ICENSE TO NAVARRE COVE HOMEOWNERS ASSOCIATION SIIBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 1989 TO DFCffi�iBER 31, 1989 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State af Minnesota and has the authority and respansibility 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 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 Resaurces of the State of Minnesata; and � WHEREAS, the regulation of the navigable waters involves an ��xercise of police power of the State, LMCD, and the City of Orono, al1 of which have adopted rules ta ensure to all equal enjoyment of the public rights and equal pratection from activity on or near the public 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 regulatioris 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 anyane, including thase wha assert the commanlaw rights of riparian owners, whether or not they be commercial marinas or residential owners; WHEREAS, as ta Lake Minnetanka, a mutual right of enjoyment exists between and is shared by riparian owners and the public general ly, 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 dack 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 riinnetonka for all suitable purposes in common with all other riparian awners. This right is a right not only to members of the public but the right ta each riparian owner. '� Page 1 ot 2