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. �4 _.'l . � O� O O • �� , , � CITY of ORONO ,� . ,. ti �� t �G~' RESOLUTION OF THE CITY COUNCIL `�kEsKO4 No. � g � � � RESOLUTION DIRECTTNG STAFF TO ISSUE A JOINT USE DOCK LICENSE TO FOXHILL HOMEOWNERS ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 2004 TO DECEMBER 31, 2004 WHEREAS,the City of Orono,hereinafter"City"is a municipal corporation organized and existing under the laws of the State of Mirulesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq.aud State Statl.ite 462,et.seq.,to protect the health,safety, and general welfare of tlie citizens of the City and other meinbers 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 Miiuietonlca Conservation District and the Department of Natural Resources of the State of Mimlesota; and WHEREAS,the regulation of the navigable waters involves an exercise of police power of the State, �CD, and the City of Oroizo,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 regi.ilations 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 tnisteeship over the public waters by protecting against interference by anyone, including those who assert the cominonlaw 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 ripariaii owners and the public generally,no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that a�ry riparia�z 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 aIl 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. This muhial right of enjoyinent 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 : . . . Page 1 of 2 `�' '�� :3 ^. • '..t� ��. ';II