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. � '4 Resolution No. 1104 Page 2 2 . The primary harbor limit of the City of Orono is 300 ft. lakeward from the ordinary high water mark of Lake Minnetonka. 3. Because of the geographical location of the marinas and their proximity to heavy population, and the access to marinas by county and city roads , and the general use of the bays of Lake Minnetonka for recreation by way of swimming, boating, fishing and water sports by the citizens of Orono, the city regulates both the on-land activities of marinas and the extensions of docks and mooring areas into Lake Minnetonka in the interest of public order and to protect the life , safety and welfare of the community. The City through its regulations is not licensing boats but is only licensing the marinas to the extent the marina operations affect the general public and the adjacent properties within the City of Orono. 4 . The City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the LMCD and the State of Minnesota. 5. The LMCD and the City of Orono have determined that docks and mooring in excess of 200 feet from the ordinary high water mark of property along Lake Minnetonka is an unreasonable extension of riparian rights into the navigational channels and body of Lake Minnetonka. 6. The establishment of a dock and mooring line neither creates nor destroys the limited rights of the marinas but merely regulates and limits the exercise of whatever riparian rights the marinas may have. 7 . Absent such regulations , who would fix and adjust the proper compromise of the obviously conflicting interests of the use of Lake Minnetonka. Only the agencies of the State of r�Iinnesota and the political subdivisions thereof in exercise of the legislative law making and police power can prescribe the rules by which these "public highways" of the lake are regulated. 8 . 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 insure to all equal enjoyment of the public rights and to suppress the clashing of public and private interests and resulting public disorder. 9. In many ways the development and management of marinas within the City of Orono are peculiarly subject to the local regulations of the City. 10. The regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to single family residential owners and the commercial marina owners , to the extent prohibiting any interference with the public waters adjoining that property. The LMCD, DNR and the City of Orono must fulfill their trusteeship over the public waters protecting against interference by anyone, including those who assert the commonlaw rights of riparian owners, whether or not they be commercial marinas or single family residential owners .