HomeMy WebLinkAboutResolutino 1941 , .
� Y . , ,
C�t� o� ORONO
• � RESOLUTION OF THE CITY COUNCIL
� NO. 19 41
• - • •
RESOLIITION DIRECTING STAFF TO
ISSIIE A JOINT IISE DOCR LICENSE
TO FOREST ARMS CODNTRY CLUB ADDITION
HOMEOWNERS ASSOCIATION, INC.
SDBJECT TO CONDITIONS NOTED HEREIN
FOR THE PERIOD OF JANQARY 1, 1986 TO DECEMBER 31, 1986
P7HEREAS , the 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 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 Orono with the Lake Minnetonka �
Conservation District and the Department of Natural Resources of the
State of Minnesota; .and
• WHEREAS, the regulation of the navagable 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
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, 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 Minnetonka, 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 Minnetonka 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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Clt� o� ORONO
• � RESOLUTION OF THE CITY COUNCIL
� NO. 1941
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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
WH$RLAS, Lake Minnetonka is capable of substantial
beneficial public use only as long as all riparian users of the lake
are regulated in such a way as to ensure there is no abuse of the
limited riparian rights; and
WHER$AS, 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 Section 5.42 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 fol lowing special
. conditions as they relate to an application for an annual Joint Use
� Dock License described on Exhibit A attached,
NOW, THEREFOR$, BE IT RESOLVED, that the City Counci 1 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 by the City Council of the City of Orono at their
meeting on the lOth day of March, 1986.
Mary C. Butle , Ma or
AT ST:
rothy allin.,' City Clerk �
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