HomeMy WebLinkAboutResolution 1481 � :. i
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� i Clt o� ORONO � -
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;�:;,}'�'_ � RESOLUTION OF THE CITYCOUNCIL
.�� � NO. 1481
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- � � • • RESOLUTION DIRECTING BTAFF TO � �
* ISSUE A JOINT USE DOCK LICENSE "
TO MINNETONKA POWER SQUADRON , • .
SUBJECT TO CONDITIONS IJOTED HEP.EIN '
FOR THE PERIOD OF JANUARY l, 1983 to DECEMBER 31, 1983
L�HEREAS, the City of Orono, hereinafter "City" is a municipal ,
corporation organized and existing under the laws of the State of
Pdinnesota and has the authority and responsibility under Minnesota
:�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
WHEP.EP_S, the City shares concurrent jurisdiction over the
primary harbor limit of the City of Orono with the Lake I•linnetonka
Conservation District and the Department of Natural Resources of the
State of Nlinnesota; and
47HEFtEAS, the regulation of the navigable waters involv�s an
� exercise of police power of the State, LI�iCD, and the City of Orono, al1
oF which have adopted rules to ensure to all equal enjoyment of the
public rights and equal protection 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 regulations of the DNR, LP�CD, and the City of
Orono regulate the property rights of the riparian owners both as to
residential o�aners 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 ripariari owners,
whether• or not they be commercial marinas or residential owners;
WHEREAS, as to Lake D�innetonka, a mutual right of enjoyment
exists between and is shared by riparian o�aners and the public generally,
no one riparian owner has exclusive privileges over Lake P�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 idiinnetonka 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 m�mbers of the public but the right to each riparian owner.
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Clt� o� ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 1481
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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
WHEREAS , Lake riinneton}�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 •
WFiEREAS, the City has adopted reasonable regulations regarding
the construction and use of lakesliore 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 b4unicipal Code; and .
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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,
NOTd, THEREFORE, BE IT RESOLVED, that the City Council of the
City of Orono hereby directs the Staff to issue a Joint Use Dock License
accordir�g to the facts and conditions noted on Exhibit A attached.
Adopted by the City Council of th� City of Orono at their meeting on
the 25 day of April � 1g83
. �J
Mary C. Bu l �r, Maycr
ATTEST:
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Aibeita M. Strom, City Clerk
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