HomeMy WebLinkAboutResolution 1430 �
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d C�t� o� ORONO
� RESOLUTION OF THE CITY COUNCIL .
� No. l�30
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� _ � � RESOLUTION DIRECTING STAFF TO ISSUE AN
AMENDED JOINT USE DO(`K LICENSE TO
MINNETONKA POWER SQUADRON SUBJECT TO
CONDITIONS NOTED HEREIN FOR THE PERIOD
OF OCTOBER 25 , 1982 to DECEMBER 31 , 198�
VJHEREAS, the City of Orono, hereinafter "City" is a municipal
corporation organized and existing under the laws of the State of
rZinnesota 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 City; and
WHEREAS, �the City shares concurrent jurisdiction over the
primary harbor limit of the City of Qrono with the Lake Minnetonka
Conservation District and the Department of Natural Resources of the
State of Minnesota; and
WHEREAS, the regulation of the navigable waters involves an
• exercise of police power of the State, LMCD, and the City of Orono, all
of which have adopted rules to ensure to all equal enjoyment of the
public rights and equal protection from activity on or near the publi.c
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 regulations 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 anyone,
including those who assert the commonlaw rights of riparian owners,
whether or not they be commercial marinas or residential owners;
� WHEREAS, as to Lake DZinnetonka, a mutual right of enjoyment
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 may have over
the public 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 right to
�use the entire surface area of Lake Niinnetonka for all suitable purposes
in commnn with all other �iparian� owners. This right is a right not
only to members of the public but �the right to each riparian owner.
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� � Cit� o� ORONO
� RESOWTION OF THE CITY COUNCIL ..
� Na >�3 0
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This�m tual right of enjoyment which is shared by riparian owners
and the public generally includes the recreational benefits of the
lake such as boating and fishing therein; the riparian owner has no
exclusive privileges to these rights; and
WHEREAS, Lake riinnetonka is capable •of substantial beneficial
public use only as long as all riparian users of the lake are regulated
in such a way as to ensure there is no abuse of the limited riparian
rights; and .
WHEREAS, the City has adopted reasonable regulations regarding
the construction and use of lakeshore and dock facilities when such
facilities are used and maintained by three or more families, which
regulations include the annual licensing of Joint Use Docks pursuant
to Chapter 74 of the Orono Municipal Code; and
WHEREAS, the purpose of this Resolution is to set forth the
above noted general conditions and concerns and the following special
� conditions as they relate to an application for an annual Joint Use
Dock License described on Exhibit A attached,
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the
City of Orono hereby directs the Staff to issue a Joint Use Dock License
according to the facts and conditions, noted on Exhibit A attached.
Adopted �y the City Council of the City of Orono at their meeting on
the a5 day of � ��,L , 1� &�.
. '�J��/��,�/Y!'�
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William B. Van Nest, Mayor
ATTEST:
�C'�.����G�.���
A�.berta M. Strom, City Clerk ,
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