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City of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. ---J <br />` WHEREAS, because of the geographical location of the marinas <br />and their proximity to heavy population, and the access t,3 marinas by <br />county and city roads, and the general use of the bays of Lake <br />Minnetonka for recreation of way of swimming, boating, fishing and <br />water sports by the citizens cf Orono, ti.e City regulates both the on - <br />land activites of marinas anri the extensions of docks and mooring <br />areas into Lake Minnetonka in the interest of public order and to <br />protect the life, safety and welfare of the community. The City <br />throLgh its regulations is not licensing boats but is only licensing <br />the marinas to the extent the marina operations affect the general <br />public and the adjacent properties within the City of rrono; and <br />WHEREAS, the City shares concurrent jurisdiction over the <br />primary harbor limit of t1l.e City of Orono with th- 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 to suppress the clashing of public and private <br />interests and resulting public disorder; and <br />WHEREAS, the regulations of the DNR, LMCD, and the City -f <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 prohibitinq any interference with the public wat.,rs ad- <br />joining that property. The LMCn, DNR and City of Orono must fulfill <br />their trusteeship over the public waters by protecting against inter- <br />ference by anyone, including those who assert the rommorlaw rights of <br />riparian owners, whether or not they be commercial marin:,s or single <br />family 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 <br />generally. The marinas have no exclusive privileges over :ake <br />Minnetonka. The only additional private right that the marina or .0 <br />riparian owner may have over the public generally is to construct ant <br />dock to the navigable depth of the public waters. There can be no <br />dispute but that the public generally and cacti riparian owner to Lake <br />Minnetonka has the right to use the entire surface area of Lake <br />M,innr_;.onka for all suitable purposes in common with all other riparian <br />owners. This right is a right not only to -iembers of the public bit <br />the right to each riparian owner. This mutual right of enjoyment <br />which is shared by riparian owners and the public generally includes <br />the recreational benefits of the bake such as boating ar.0 fishing <br />therein; the riparian marina hae. no exclusive privileges to these <br />rights; and <br />Page 2 of 4 <br />