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. , ~ Rcsc�lution _�o. 1027 , ' - Page 2 ' ' . T�HI�FFAS, bECaus� of the geographical location of the ma-rinas and their pror.imity to heavy population, ai�d tl�e access to marinas by county' and city roads , and the g�neral use of the ba}=s of Lake Ninnetonka for r�creation by �aay of s�imming, Uoating, fishing and water sports by the citizcns of Orono, the City regulates both the on-land activities of marinas and the ext�nsions of docks and moori�ig areas into Lake Minnetonka in tlze inte-rest of public order and to protect the life, safe�y and weliare of the com�nunity. `lyhe City th-rough its regulations i_s not licensing boa ts but is only licensing �he marinas to the extent the ma-rina operations afiect the general public • and the adjac�nt prope-rties within the City of � Orono; and . � WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City� of Orono wit'n the Lak e Minnetonka . Conse-rvation District a�nd the Department of Natural Resources of � � the Siate of riinn�sota; and WHEREAS, the regulation of the navigable waters involves an exercise of police pow er 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 arid resulting public disorder; and WHEREAS, the regulations of the DNR, LMCD and the City of � Orono regulate th e property rights of the riparian ow�.ers both as to single �family residential owners arid the colmnercial rnarina ow-ners , . to the exter�t prohibiting any interference with the public waters . adjoining that property. The LMCD, DNR and City of Orono must zulfill their trusteeship over the public waters by protecting against inter- ference by� anyone, including those who assert the commonlaw rights of _ riparian owners, whether or not they be co�nercial marinas or single • family residential ow-ners; and . W�iEREAS, as to Lake Minnetonka, a mutual right of enjoynent - exists between and is shared by riparian ov,�-ners and the public generally. � 'I`he marinas have no exclusive privileges over Lake Minnetonka . The only additional .priva te right that the marina .or any riparian owner may ' have over �he public generally is to const-ruct one dock to the navigable ' depth of �he public �aaters . There can be no dispute but that the public generally and each riparian o��ner to Lake riinnetonka has the right to use . the entire surface area of Lake riinnetonka for all s�uitable purposes in • comnon with all other riparian owners . This right is a right not only to the me�bers of the public but the right to each riparian owner. 'I'his nu�ual right of enjoyment wnich is snared by �riparian ow�ers and � the public generally includes tn.e recreational benefits of the lake such as boati�g and iishing �che-rein; the riparian marina has no exclusive privile�es to these rights ; and