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0 <br />Resolution No. 965 <br />Page 2 <br />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 Minnetonka 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 <br />order and to protect the life, safety and welfare of the community. <br />The City through its regulations is not licensing boats but is only* <br />licensing the marinas to the extent the marina operations affect <br />the general -public and the adjacent properties within the City of <br />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 <br />the 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 insure to all equal enjoyment of the <br />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 of <br />Orono regulate the property rights of the riparian owners both as to <br />single family residential owners and the commercial marina owners, <br />to the extent prohibiting any interference with the public waters <br />adjoining that property. The LMCD'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 commonlaw,rights of <br />riparian owners, whether or not they be commercial marinas 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 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 <br />• ' to the members of the public but the right.to each riparian owner. <br />This mutual right of enjoyment which is shared by riparian owners and <br />the public generally includes the recreational benefits of the lake <br />such as boating and fishing therein; the riparian marina has no <br />exclusive privileges to these rights; and <br />