Resolution 3701 - Laserfiche WebLink

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. ,., ,.- � ,� �s � O� , � � � _ � b� - CITY of ORONO � F ��L. �G'�' RESOLUTION OF THE CITY COUNCIL . �kESB�g' NO. `� `�' o �. RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO FOREST ARMS COUNTRY CLUB ADDITION HOMEOWNERS ASSOCIATION,INC. SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 1996 TO DECElO�IBER 31, 1996 WHEREAS, t}�e City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and ' responsibility under Minnesota Stahites, State Staiute 412, et. seq.�and State Statute 462, et. seq.,to protect the h�alth, safety, and general welfare of ihe citizens of tr�e City and other members of the nublic within tlie City; and WHEREAS,#he City shares conct�.rent jurisdiction over the primary harbor liinit of the City of Orono with the Laike Minnetonka Conservation Disfrict and the Department of Natural . Resources of the State of Minnesota; and � ' VVHE�tEAS, the regulation of the navigable waters involves an eYercis� �f�olice power of tYie State,LMCD, and the City of Orono, all of which have adopted rules to er�sure t� �11 equal enjoyment of the public rights and equal protection from activity on or near ihe publi� «��ters and on the land within the City which,if unregulated,may be det�rimental to the public hea.lth, safety and gene:al welfare; and W�-I�REA�,th�regulations of the DNR,LMCD,and the City of Orono regulate the property rivhts of the riparian owners both as to residential ov�mers and the comniercial 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, ir.cluding those who assert the commonlaw rights of r•iparian owners, whe�Iier or no�t they be commercial marinas or residential owners; VVH�R�AS,as to Lake Minnetonka,a mutual right of enjoyment e�cists 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 constri.ict one dock to the navigable depth of the public wate.rs. There can be no dispute but that the public gen�rally and each riparian owner to Lake Minnetonka has the rig�t to use the entire surface area of Lake Minnetonka for all suita.ble purposes in common�vith all other � � riparian owners. This right is a right not only to members of the public but the right to each riparian owner. � T'his 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 , . Page 1 of 2 �