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.'r rh� . ' � O� . • O , ^ O CITY of ORONO � � . ti . �',� G'�' � RESOLUTION OF THE CITY COUNCiL ��kESII�4� NO. � � oD � RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO VICTORIA ESTATES HOMEOWNERS ASSOCIATION . SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1,2004 TO DECEMBER 31, 2004 WHEREAS,the City of Orono,liereinafter"City"is a mtuucipal corporation organized and existing under the laws of the State of Mirulesota and has the authority and responsibility under Miruiesota Statutes,State Statute 412,et.seq. and State Statute 462,et.seq.,to protect the health,safety,and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concunent jurisdiction over the prirnary harbor limit of the City of Orono with the Lalce Miiuletonlca Conservation District aizd the Department of Natural Resources of the State of Mimiesota; and WHEREAS,the regulation of the navigaUle waters involves an exercise of police power of the State, �MCD, and the City of Orono, all of wluch have adopted rules to ensure to all equal enjo}nneiit of the public rights and equal protection from activity on or near the public waters and on the Iand within the City which,if unsegulated, may be detrimental to the public health, safety and general welfare; and � WHEREAS,the regulations of the DNR,LMCD,and the City of Orono regulate thepropertyrights of the riparian owners both as to residential owners and the commercial inarina owners to the extentprohibiting any interference with the public waters adj oining their property. The LMCD,DNR and City of Orono must fulfill their trusteesllip over the public waters by protecting against interference by anyone, including those who assert the . common law 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 beiween and is shared by riparian owners and the public generally,no one riparian owner has exclusive privileges over Lake Miruietonka. 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 Lake Minrietonka 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 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; arid • 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 riglits;arid I . � � � Pa e 1 of 2 �� g � ;� � � �