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. � " . � ' ~ . - . . . �.. � � ' � , � . ' ' . . .ul J' • . S � . � ' ' • �. . . .. - � ' ' . � .. ' . . . - . . . . Resolution No. 1001 � . Page 2 ' -.} � - _ . ' . . WHEREAS, because of the g�ographical location of the , marinas and their proximity to heavy ,population, and the access to " , . marinas by county and city roads, and ttfe generaY use of the bays of Lake Minnetonka _for recreation by way of swimming, boating, fishing and water sports by the citizens of Orono, the City regulates both the on-land activities of aiarinas and the extensions of docks and mooring areas into I,ake Minnetonka in the interest of public order and to protect the life, safety and welfare of the community.� : The City�through `its �regulations is not licensing boats but is only � licensing �.the marinas ' to the extent the marina operations affect the ,general',,public ;and the adjacent properties within the ,City of - . Orono� . and f ��'� ..� . : � . � � • ,- ,.WHEREA'S,y the City shares concurrent 3urisdiction over' .the . • ' primarp harbor limit of the City of Orono wit�i the Lake Minnetonka _ Conservation District and the Department of Natural Resources of . • the State of Minnesota; and . � ' . - . . �r . . • . � . � .. � � � � 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 insure to all equal enjoyment of the public rights and to suppress the clashing of public and private • � interests and resulting public disorder;' and ' : " 'WHEREAS, the regulations, of the DNR, LMCD and the City of Orono regul�te the property rights of the riparian. owners both as to � � single family residential owners and the commercial marina owners, � , to the extent, prohibiting anp interference with the pu.blic -waters . adjoining that property. The LMCD, DNR .and City of Orono must fulfill , their trusteeship over the public waters by protecting agai.nst inter- ference by anyone, including those who -assert the commonlaw rights of riparian owners, whether or not they be commercial marinas or single family residential owners; and . ' . WHEREAS, as �to Lake Minnetonka, a mutual right of enjoym�t . � exists between and is shared by riparian owners and the public generally.� The marinas have no exclusive privileges over Lake Minnetonka. The , only additional private right that the marina� or 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 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 �r.ight. is- a �right-not only _ _ : • to the members of the public but the right to each riparian owner. This mutual ,right of enjoyment 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 marina has no exclusive privileges to these rights; and .