Laserfiche WebLink
. <br /> , , . , . <br /> . �. • � <br /> - ,,, <br /> C�t o� OR4N0 <br /> � <br /> RESOLUTION OF THE CITY COUIVCIL <br /> � NO. 1866 <br /> � � � � <br /> WHEREAS, as the popul.ation has increased around Lake <br /> Minnetonka, and in the Twin City Area generally, it is clear that more � <br /> and more people have used the Iake for sailing, rowing, fishing, <br /> boating, bathing, skating, and other public purposes which cannot be <br /> now full.y enumerated or even anticipated; and <br /> WHEREAS , Lake Minnetonka is capable of substantial � <br /> beneficial public use only as Iong as all� riparian users of the Lake <br /> are _regulated in such a way as to ensure there is no abuse of the <br /> limited riparian rights; and - - <br /> WHEREAS, the marina as a commercial riparian owner only has <br /> limited riparian rights incident to the ownership of real estate <br /> � bordering upon Lake Minnetonka. The marina operator has a Iimited <br /> rigY}t to build and maintain one suitable landing or dock, on and in <br /> front of his land, and to extend the same therefrom into Lake <br /> . Minnetonka to a point of navigability; but, under no circumstances may <br /> he encroach into Lake Minnetonka to a point where he impairs the <br /> water' s navigability for other public purposes or where he <br /> unreasonably interferes with the surface water rights of all riparians <br /> and members of the public generaZly; and <br /> WHEREAS, it is fundamental � that a rip�arian owner's rights <br /> are measured by the necessities and character of his use. The <br /> marinas, for private commercial. gain wish to temporaril.y and, in fact, <br /> permanently alter the use of the surface water in Lake Minnetonka. <br /> Certain sections of the lake, once a source of excellent fishing, have <br /> been converted and, in fact, in the future will continue to be <br /> converted, into a commercial enterprise al 1 to the detriment of other <br /> riparian owners and the public. The marinas present operations and <br /> contemplated operations far exceed a reasonable use of their Iimited <br /> riparian rights; and <br /> WHEREAS, the most general publ.ic use of the water is <br /> paramount and should take priority over excessive riparian use for <br /> commercial purposes of the lake by the marinas; and <br /> WHEREAS, the marinas have separated and disassociated from <br /> the normal riparian rights in many sections of the public waters on <br /> Lake Minnetonka . by having extended their docks out into Lake <br /> Minnetonka beyond the point of navigability and have transferred those <br /> rights to others who do not have riparian rights and who are not <br /> members of the general public who obtain access and use of Lake <br /> Minnetonka by use of the public access points along Lake Minnetonka. <br /> Such commercial transfers of the riparian rights of Lake Minnetonka <br /> have resulted in an abuse of reasonable riparian access to Lake <br /> Minnetonka. Such abuses must be qualified, restricted and <br /> subordinated to the paramount rights of the public to the public <br /> waters of Lake Minnetonka; and <br /> Page 3 of 4 <br />