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, , ^ � � Clt� of ORONO RESOLUTION OF THE CITY COUNCIL • NO. 1291 • - • • . Because of the geographical location of tt�e marinas and �heir proximity to heavy populationa and the ac�ess to marina� by county and city roads , and the general use of the bays of Lake Minnetonka for recreation by �aay of swimming, boating, fishin.g an�d water sports by the citizens of Orono, the city regu�.ates both the on-land activities of marin�s �nc� the extensions of docks and mooring areas into Lake Minnetonka in �he interest of public order and t� protect the life, safety ar�d. w�lfa�e of the community. T'h� City th�ough its regulations is nmt licensing boats but is only licensing �he raarinas to the ext�rbt the ma�ina operations affect the general public and the adjacent properties within the City of Orono. 4, The �ity sTzares conc�rrent jurisdiction over the primary harbor liffiit of the City of Orono with the LMCD and the State nf Minnesota. 5. Th� LM�D and the City of Orono have determined that �ocks 3nd mooring im excess of 200 feet from the brdinary high water mark of property along Lake Minnetonka is an unrea�onable extension of riparian rights into the navigatianal channe�_s and body of I.ake 2�iinnetonka. 6. The establ�.s&�snent caf a dock and mooring lxne neifiher c�eates nor destroys the li..ffiited r�gkits of the marinas but ffierely regulates and limits the ex�rcise of whatever riparian rights t�e r��arinas may have. 7 . Absent such regul�tions, who would fix and adjust the proper compromise nf the obviously conflicting interests of the use of Lake Minrietonka. Qnly the agencies of the State of Minnesota and the political subdivisions thereof in e�ercise of the legislative law makirag and police power can prescrabe �the rules by which these "pu�lic T�ighways" df. the lake �re regulatedv 8. The regulat�on 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 ptxblic rights and �o suppress the clashing of public and Private ir_terests and resulting public disorder. � 9 . In many ways the development and man�gement of marinas within the City of Orono are peculiarly subject to the local regulations of the �ity.