HomeMy WebLinkAboutResolution 1480 . � ` ^ � , '
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� C�t� o� ORONO � �
RESOLUTION OF THE CITY COUNCIL
. NO. 1480
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� ` ,;t. RESOLUTION DIRECTING STAFF TO
ISSUE � JOINT USE DOCK LICENSE
TO SANDY BEACH SHORES �
SUBJECT TO CONDITIONS IdOTED HEP.EIN
FOR THE PERIOD OF JANUARY l, 1983 to DECEMBER 31, 1983
4]HEREAS, the City of Orono, hereinafter "City" is a municipal
corporation organized and existing under the laws of the State of
I•�innesota ancl nas the authority and responsibility under Minnesota
S�tatutes, State Statute 412 , et. seq. and State Statute 462 , et. seq_ ,
-to protect the health, safety and general weliare of the citizens of
the City and ',other members of the public within the City; and
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WHEREP_S, the City shares concurrent jurisdiction over the
primary harbor limit of the City of Orono with the Lake iZinnetonka
Conservation District and the Department of rdatural Resources of the
State of riinnesota; and
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. [-7HE�tEAS, the regulation of the navigable waters involves an
exercise of polic� power of the State, LIACD, and the City of Orono, all
of which have adopted rules to ensure to all egual enjoyment of the
public rights and equal protection from activity on or near the public
waters and ori the land within the City which, if unregulated, may �e
detrimental to the public health, safety and general welfare; and
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WHEREAS , the regulations of the DNR, LA4CD, and the City of
Orono regulate the property rights of the riparian owners both as to
resideritial owners and the commercial marina owners , to the extent
prohibiting any interference with the public waters adjoining their
property. '�he LN1CD, 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; �
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VdHEREAS , as to Lake DZinnetonka, a mutual right of enjoyment
exists between and is shared by riparian owners and the public generally,
:n� one riparian .owner has exclusive privileges over Lake r�Iinnetonka.
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 i�iinnetonka has the right to
use the entire surface area of Lake P�Iinnetonka for all suitable purposes
in common with all other riparian owners . This right is a right not
only to members of the public but the right to each riparian owner.
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I C�t� o� ORONO
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tRESOLUTION OF THE CITY COUNCI L
_ '� NO. 1480
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This mutual 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 �
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WHEREAS, Lake I�linneton}:a 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 j
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WFiEREAS, the City has adopted reasonable regulations regarding
the constructi`on and use of lakeshore and dock facilities when such
facilities are�' used and maintained by three or more families , which
regulations in�clude the annual licensing of 'Joint Use Docks pursuant
to Chapter 74 if the Orono AZunicipal Code; and
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WHEREI�S, 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,
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NOLa, � THEREFORE, BE IT RESOLVED, that the City Council of the
City of Orono hereby directs the Staff to issue a Joint Use Dock L�.cense
according to tlie facts and conditions noted on Exhibit A attached.
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Adopted by the ; City Council of the City of Orono at their meeting on
the 25 day of April ' 19 83
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; D4ary C. Bu 1 r, . Mayor -
ATTEST: (
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• Ai��rta M. Strom, City Clerk
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