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:: - _ '�� � � O� O O • '� g � CITY of ORONO ,� , �, r RESOLUTION OF THE CITY COUNCIL '�,�L ' �Gti `�kESH.o�`' NO. � � y � RESOLUTION DTRECTING STAFF TO ISSUE A JOINT USE DOCKLICENSE TO WALTER'S PORT MAINTENANCE &IMPROVEMENT ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 2004 TO DECEIYIBER 31, 2004 WHEREAS;the City of Orono,hereinafter"City"is a municipal corporation organized and existing under the laws of the State of Miiulesota and lias tlle authority and responsibility under Miruiesota Statutes,State Stahrte 412,et.seq. aud State Statute 462,et.seq.,to protect the health,safety,and general welfare of the citizens of the City aud other members of the public within the City; and WHEREAS, tl�e City shares concunent jurisdiction over the primary harbor limit of the City of Orono with the Lalce Minnetonlca Conservation District and the Department of Natural Resources of the State of Minnesota; and � WHEREAS,the regulation of the navigable waters uivolves an exercise of police power of the State, �MCD, and the City of Oroilo, 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, nzay be detrimental to the puUlic health, safety and general welfare; and WHEREAS,the regulations of the DNR,LMCD,and the City of Orono regulate the property rights of the riparian owilers both as to residential owners and the commercial inarina owners to the extentprohibiting any interference with tlie public waters adj oining 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 coinmon law rights of ripariail 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 sharedby riparian owners and the public generally,iio one riparian owner has exclusive privileges over Lake Minnetonka. The only additioizal 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 geuerally and each riparian owner to Lake Minnetonka 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 each riparian owner. This mutual right of enj oyment which is shared by ripaxian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein;tlie 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 lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights;and � � �� { Pa e 1 of 2 ° I�� "�� .I . g ,i y"�;;;' :�d