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s:.r� i. y � O� O O • �� CITY of ORONO ,� s ,, ;... � ti �� p�' RESOLUTION OF THE CITY COUNCIL `9kESH.�'4� NO. � � � 5 � RESOLUTION DIRECTL�,'G ST_�FF 1'O ISSUE A JOP1T USE DOCK LICE\SE TO 1VIINNETO�i�A PO«-ER SQi:�DRON � SUBJECT TO CONDITIO\S IVOTED HEREIN FOR THE PERIOD OF J_��r�JARY 1, ?003 TO DECE�IBER 31, 2003 WHEREAS,the City of Orono,hereinafter"City"is a�unicipal corporation organized and eYistinJ under the la«s of the State of Minnesota and has the authority and resronsbility under Minnesota Statutes, State Statute 412,et.seq.and State Statute 462,et.seq.,to protect the health,:afet};and general welfare ofthe citizens of the City and other members of the public withi.n the City; and `�'HEREAS, the City shares concunent jurisdiction o�-�r the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Depar.a�ent of Natural Resources of the State of Minnesota; and �VHEREAS,the re;ulation of the na�zgable�raters invo'�-es 2n exercise of police power of the State, �NiCD, and the City of Orono,all of�vhich have adopted rules to ensur:to alI equal enjoyment of the public rights and equal protection from activity on or near the public water and on t��land w-ithin the City which,if unre;ulated, may be detrimental to the public health, safety and general��-elfare; a�c `VHEREAS,the regulations of the DVR,Ll�iCD,and t��Cit�-of Orono rejulate the property rights of the riparian owners both as to residential own�rs and the commercial narina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD.D\-R and City of Orono must fulfill their trusteeship over the public waters by protectin� a�ainst interference b� an�-one, includin� those who assert the commonlaw ri�hts of riparian owners, whether or not they be commercial marinas or residential o«-ners; tiVHEREAS, as to Lake Minnetonka,a mutual ri�ht of:ajo��ment exists between and is shared by riparian owners and the public generally,no one riparian o�vner has exclL�ive privileges over Lake Minnetonka. The only additional private ri�ht that any riparian o«ner may ha�-e over the public�enerally is to construct one dock to the navi�able depth of the public«•aters. There can be no di�ute but tzat the public generally and each riparian owner to Lake Minnetonka has the ri�ht to use the entire surface area of Lake'��linnetonka for all suitable purposes in common with all other riparian o«�ners. This right is a riQht not onl ti to nembers of the public but the ri�ht to . each riparian o�vner. , This mutual right of enjoyment�vhich is shared by riparian o«�ners and tLe public�enerally includes the recreational benefits of the lake such as boatin�and fishin�therein;the riparian o�vn��has�o exclusive privileges to these ri�hts; and • a � Pa�e 1 of?