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,` <br /> f <br /> � Ci.t� o� ORONO <br /> • � x <br /> `-'�_�`��'� RESOLUTION OF THE CITY COUNCIL <br /> x; <br /> � � NO. 1365 <br /> . ��..LI�'c;.F <br /> I • _ • _ ,.,,,. . <br />�, - �=•-a WHEREAS, because of the geographical location of the <br /> marinas and their proximity to heavy population, and the access to <br /> marinas by county and city roads, and the general use of the bays <br /> of Lake t�innetonka for recreation by way of swimming, boating, <br /> fishing and water sports by the citizens of Orono, the City regulates <br /> both the on-land activities of marinas and the extensions of docks <br /> and mooring areas into Lake Minnetonka in the interest of public order <br /> and to protect the life, safety and welfare of the community. The <br /> City through its regulations is not licensing boats but is only licensing <br /> the marinas to the extent the marina operations affect the general public <br /> and the adjacent properties within the City of Orono; 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, all <br />� • of which have adopted rules to ensure to all equal enjoyment of the <br /> public rights and to suppress the clashing of public and private interests <br /> and resulting public disorder; 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 /> single family residential owners and the commercial marina owners , to <br /> the extent prohibiting any interference with the public waters adjoining <br /> that property. The LMCD, DNR and the 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 single family <br /> residential owners; and <br /> WHEREAS, as to Lake Minnetonka, a mutual right of_ enjoyment <br />; exists between and is shared by riparian owners and the public generally. <br />� The marinas have no exclusive privileges over Lake Minnetonka. The <br />� only additional private right that the marina or any riparian owner may <br /> have over ' the public generally is to construct one dock to the navigable <br />� depth of the public waters. There can be no dispute but that the public <br /> generally and each riparian owner to Lake Minnetonka has the right to use <br /> the entire surface area of Lake Minnetonka for all suitable purposes in <br /> common with all other riparian owners. This right is a right not only to <br /> the members of the public but the right to each riparian owner. This <br /> mutual right of enjoyment which is shared by riparian owners and the <br /> • public generally includes the recreational benefits of the Lake such as <br /> boating and fishing therein; the riparian marina has no exclusive <br /> privileges to these rights; and <br />