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� � O� • O. �, O � CITY of ORONO � - : � � , ti ti RESOLUTION OF THE CITY COUNCIL ��`9kESI1��G NO. G�i� � f� . RESOLUTTON DIRECTTNG STAFF TO ISSUE A JOINT USE DOCK LICENSE � TO WALTER`S PORT MAINTENANCE &IMPROVEMENT ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN �, FOR THE PERIOD OF JANUARY 1, 2005 TO DECEMBER 31, 2005 � WHEREAS,the City of Oroiio,hereinafter"City"is a muiucipal coiporation organized and existing under the laws of the State of Miiuiesota and has the authority and responsibility under Muulesota Stat�rtes, State Stahite 412,et.seq. aiid State Stat�lte 462,et.seq.,to protect tlie healtli,safety,and general welfare ofthe citizezis of the City and otller ulembers of the puUlic wiflun the City; aild WHEREAS, the City shares coiicurrent jurisdiction over the priinary harbor luiiit of tlie City of � Orono wifili the Lake Miinletonlca Coilseivation District and the Department of Nafi.�ral Resources of the State of Miiuiesota; and WHEREAS,tlie regulatioii of tlie iiavigable waters involves an exercise of police power of the State, �MCD, and the City of Oroiio, all of wluch liave adopted rules to eiisure to all equal enj oyiiiez�.t of the public rights and equal protection froin activity on or near the puUlic waters aiid on the laild witliin the City wlucli,if unregulated,� may be detrimental to the public health, safety aild general welfare; and WHEREA5,the regt,ilations of the DNR,LMCD,aiid tlie City of Oroiio regulate tl�e pro�erty rights of the ripariaii owizers both as to residential owners aild the connnercial marula owners to the extent prolubiting any interference with the puUlic waters adjoiiiuig their property. Tlie LMCD,DNR and City of Oroilo must fiilfill their firusteeslup over the puUlic waters by proiectiilg against interfereiice by airyone, including tliose who assei-� the coiiuiioii law rights of ripariau owners,whether or�lot they be coiiunercial iiiarinas or resideiltial owners; WHEREAS, as to Lake Mituietonlca, a iiZUhial riglifi of enjoyment exists between aald is shared by ripariatl owners and the public geilerally,no one riparia�l ovv�ier has exclusive privileges over Lake Muuletoi�lca. The only additional private right thai any ripariaii owner nlay have over the public geilerally is to construct one dock to tlie ilavigable deptll of the puUlic waters. Tllere can be no dispute but that the�uUlic geilerally and each riparian owner to Lake Mimietoizlca has the right to use the eiitire surface area of Lake Mimletoi�lca for all suitable purposes in conlmon with all other riparia�i owners. This righl:is a right not only to members of ihe public but the right to each ripariati owner. � . This nnttual right of enj o}nilent which is shared by ripariail owners at�d the public generally includes the recreational benefits of the lake such as boating aiid fishiiig ihereiiz;the ripariui owner has ilo exclusive privileges to these righfis; •aud WHEREAS, Lake Miimetol�ka is caplUle of substautYal beileficial puUlic use only as long as all riparian users of the Iake are regl.ilated iil such a way as to ensure fhere is no aUuse of the limited ripariau righis;aild Page 1 of 2 � �