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<br /> � 1 - � CITY of ORONO
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<br /> j ��i� ��~' RESOLUTION OF THE CITY COUNCIL
<br /> �kEST�IOg' NO. � � � �
<br /> I .
<br /> j � RESOLUTION DIRECTING STAFF TO
<br /> ; , ISSUE A JOINT USE DOCK LICENSE -
<br /> j TO TI3E OWNERS OF PROPERTY LOCATED AT
<br /> i 3155 NORTH SHORE DRIVE, 3185 NORTH SHORE DRIVE, �
<br /> � AND 1406 BOHN'S POINT ROAD
<br /> SUBJECT TO CONDITIONS NOTED HEREIN
<br /> ' FOR THE PERIOD OF JANUARY 1, 2004 TO DECEMBER 31, 2004
<br /> i
<br /> � WH�REAS,the City of Orono,hereinafter"City"is a municipal corporation organized and existing
<br /> � under the laws of the State of Miiuiesota and has the authority and responsibility under Minnesota Statutes,State
<br /> � Statute 412,et. seq. and State Statute 462,et.seq.,to protect the health,safety, and general welfare of the citizens of
<br /> � the City and otller members of tlie public within the City; and
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<br /> i WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of
<br /> ' �nrono with the Lalce Miruletonlca Coilservation District and the Department of Natural Resources of the State of
<br /> ectsliiinesota; and
<br /> �
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<br /> � WHEREAS,the regulation of the navigable waters involves an exercise ofpolice.power ofthe State,
<br /> iLMCD, and the City of Orono,all of which have adopted rules to ensure to all equal enjoyment of the public rights
<br /> ; and equal protection from activity on or near the public waters and on the land within the City wluch,if unregulated,
<br /> j may be detrimental to the public liealth, safety and general welfare; and
<br /> ;
<br /> � WHEREAS,the regulations of the DNR,LMCD,and the City of Orono regulate the propertyrights
<br /> ! of the riparian owners both as to residential owners and the�commercial marina owners to the extent prolubiting any
<br /> ' interference with the public waters adj oining their properry. The LMCD,DNR and City of Orono must fulfill their
<br /> � trusteeship over the public waters by protecting against interference by anyone, including those who assert the
<br /> � conunon law rights of riparian owners, whether or not they be commercial marinas or residential owners;
<br /> F
<br /> e WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared
<br /> � by riparian owners and the public generally,no one riparian owner has exclusive privileges over Lake
<br /> � Minnetonlca. The only additional private right that any riparian owner may have over the public generally is to
<br /> � construct one dock to the navigable depth of the public waters. There can be no dispute but that the public
<br /> ' generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake
<br /> s� Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to
<br /> C�' members of the public but the right to each riparian owner.
<br /> by; _��
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