Laserfiche WebLink
F <br /> r • � <br /> . �. � <br /> � w <br /> . � c�t o� oRONo <br /> � <br /> RESOLUTION OF THE CITY COUNCIL <br /> � NO. 1866 <br /> • - • • . <br /> WHEREAS, because of the geographical location of the marinas <br /> and their proximity to heavy population, and the access to marinas by <br /> county and city roads, and the general use of the bays of Lake <br /> Minnetonka for recreation by way of swimming, boating, fishing and <br /> water sports. by the citizens of Orono, the City regu`lates both the on- <br /> Iand activites of marinas and the extensions of docks and mooring <br /> areas into Lake Minnetonka in the interest of public order and to , <br /> protect the life, safety and welfare of the community. The City <br /> through its regulations is not licensing boats but is only licensing <br /> the marinas to the extent the marina operations affect the general " <br /> public and the adjacent properties within the City of Orono; and <br /> WHEREAS, the City shares concurrent jurisdiction over the <br /> primary harbor Iimit 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 /> WHEREAS, the regul.ation of the navigable waters involves an <br /> exercise of police power of the State, LMCD, and the City of Orono, <br /> aIl of which have adopted rules to ensure to alI equal enjoyment of <br /> the public rights and to suppress the clashing of public and private <br /> intere�sts and resulting public disorder; 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 /> single family residential. owners and the commercial marina owners, to <br /> the extent prohibiting any interference with the public waters ad- <br /> joining that property. The LMCD, DNR and City of Orono must fulfill <br /> their trusteeship over the public waters by protecting against inter- <br /> ference by anyone, including those who assert the commonlaw rights of <br /> riparian owners, whether or not they be commercial marinas or single <br /> family residential owners; and <br /> WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment <br /> exists between and is shared by riparian owners and the public <br /> generally. The marinas have no exclusive privileges over Lake <br /> Minnetonka. The only additional private right that the marina or any <br /> riparian owner may have over the pub].ic generally is to construct one <br /> dock to the navigable depth of the public waters. There can be no <br /> dispute but that the publ.ic generally and each riparian owner to Lake <br /> Minnetonka has the right to use the entire surface area of Lake <br /> � Minnetonka for aIl suitable purposes in common with all other riparian <br /> owners. This right is a right not only to members of the public but <br /> the right to each riparian owner. This mutual right of enjoyment <br /> which is shared by riparian owners and the public generally includes <br /> the recreational benefits of the Lake such as boating and fishing <br /> therein; the riparian marina has no exclusive privileges to these <br /> rights; and <br /> Page 2 of 4 <br />