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RESOLUTION DIRECTING STAFF TO <br />ISSUE A JOINT USE DOCK LICENSE <br />TO WALTER'S PORT MAINTENANCE i IMPROVEMENT ASSOCIATION <br />SUBJECT TO CONDITIONS NOTED HEREIN <br />FOR THE PERIOD OF JANUARY 1, 1986 TO DECEKBER 31, 1988 <br />WHEREAS, the City of Orono, hereinafte.. City" is a <br />municipal corporation organized and existing under the laws of the <br />State of Minnesota and has the authority and responsibility under <br />Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, <br />et. seq., to protect the health, safety, and general welfare of the <br />citizens of the City and other members of the public within the City; <br />and <br />WHEREAS, the City shares concurrent jurisdiction over the <br />primary harbor limit of the City of Orono with the Lake Minnetonka <br />Conservation District and the Department of Natural Resources of the <br />State of Minnesota; and <br />WHEREAS, the regulation of the navigable waters involves an <br />exercise of police power of the State, LMCD, and the City of Orono, <br />all of which have adopted rules to ensure to all equal enjoyment of <br />the public rights and equal protection from activity on or near the <br />public waters and on the land within the City which, if unregulated, <br />may be detrimental to the public health, safety and general welfare; <br />and <br />WHEREAS, the regulations of the DNR, LMCD, and the City of <br />Orono regulate the property rights of the riparian owners both as to <br />residential owners and the commercial marina owners to the extent <br />prohibiLing any interference with the public waters adjoining their <br />property. The LMCD, DNR and City of Orono must fulfill their <br />trusteeship over the public waters by protecting against interference <br />by anyone, including those who assert the commonlaw rights of riparian <br />owners, whether or not they be commercial marinas or residential <br />owners; <br />WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment <br />exists between and is shared by riparian own rs and the public <br />generally, no one riparian owner has exclusive privileges over Lake <br />Minnetonka. The only additional private right that any riparian owner <br />may have over the public generally is to construct one dock to the <br />navigable depth of the public waters. There can be no dispute but <br />that the public generally and ea(h riparian owner to Lake Minnetonka <br />has the right to use the entire surface area of Lake Minnetonka for <br />all suitable purposes in common with all other riparian owners. :his <br />right is a right not only to members of the pub 1i- but the right to <br />each riparian owner. <br />Pages 1 of 2 <br />