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' nesolution I��o. 1030 • Fage 2 . � • � " � jaHEREAS, because of the geographical location of the marinas and their praximity to hcavy population, and the access to marinas by county and city roads , and tNe general use of the bays of Lake Ifinnetonka ior r�.cr�ation by way of swirn,-ning, boating, fishing and water sports by the citiz�ns of Orono, the City regulates both the on-land activities of marinas and the extensions of docks and mooring areas into Lake Minnetonka in the interest of public order and to protect the 1ife, safety and welfare of the com�nunity. The City through its regulations is not licensing boa ts but is only licensing the �arinas to the extent the marina operations affect the general public and the• adjacent properties within the City of Orono; and � WHERFAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation. District and the Departm��t of Natural Resources of the State of Minnesota; and � . k'HEREAS, the regulatir�n 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 regulate the property rights of the riparian owners both as to single family residential owners and the con�nercial marina owners, to the extent prohibiting 'any interference with the public waters adjoining that property. The LMCD, DNR and Ci�y of Orono must fulfill their trusteeship_over the public waters by protecting against inter- fere�ce by anyone,. including those who assert the cormnonlaw rights of riparian owners, whether or not they be commercial marinas or single � family residential ow-ners ; and , � WHEREAS, as to Lake Minnetonka, a mutual right of enjoym�n t exists between and is shared by. riparian owners and the. �ublic generally. The rr,arinas have no exclusive privileges over Lake Minne"tonka. T'he 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 �ublic t,.�aters . There can. be no dispute but that the public gen�rally and each riparian o�aner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in com�-�on with all other riparian ow-ners . �his right 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 �he public generally includes the recreational benefits of the lake sUCh as boating and fishing therein; the riparian �narina has no exclusive privileges to tliese rights ; and