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.i'�- . o� _ � O� O O • ' z : � CITY of ORONO . ,� ,. ti , �� G~' RESOLUTION OF THE CITY COUNCIL �kEsl3og' NO. __ � � � � RESOLUTION DIRECTING STAFF TO ISSUE JOINT USE DOCK LICENSE � TO BIG ISLAND, INC. SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 2004 TO DECEMBER 31, 2004 WI�EREAS,the City of Orono,hereiilafter"City"is a muiucipal coiporation orgaiuzed and existing under the laws of the State of Miiuiesota and has the authority and responsibility under Minnesota Statutes, State Statute 412,et.seq. aiid State Statute 462, et. seq.,to protect the health,safety,and general welfare ofthe citizens of tlie City aiid other members of the puUlic witlun the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Oroiio with the Lake Minnetoi�lca Coiiservation District and the Department of Natural Resources of the State of Minnesota; and • WHEREAS,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 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 detriinental to the public health, safety and general welfare; and - WHEREAS,the regulations of the DNR,LMCD,and the City of Orono regulate the propertyrights of the riparian owiiers Uoth as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adj oining 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 common law rights of riparian owners,whetllez 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 aild 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 Lalce Minnetonlca 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 eaclz riparian owner. This mutual right of enj oyment 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 Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lalce are regulated in such a way as to ensure there is no abuse of the limited riparian rights;and . Page 1 of 2 � � � ; . �i i ,i i