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0 <br />} <br />Resolution No. 994 <br />Page 2 <br />3. Because of the geographical location of the marinas <br />and their proximity to heavy population, and the access to marinas <br />by county and city roads, and the general use of the bays of Lake <br />Minnetonka for recreation by way of swimming, boating, fishing and <br />water sports by. the citizens of Orono, the city regulates both the <br />on -land -activities of marinas and 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 />through 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 Orono. <br />4. The City shares concurrent jurisdiction over the <br />primary harbor limit of the City of Orono with the LMCD and the <br />State of Minnesota. <br />5. The LMCD and the City of Orono have determined that <br />docks and mooring in excess of 200. feet from the ordinary high <br />water mark of property along Lake Minnetonka is an unreasonable <br />extension of riparian rights into the navigational channels and <br />body of Lake Minnetonka. <br />6. The establishment of a dock and mooring line neither <br />creates nor destroys the limited rights of the marinas but merely <br />regulates and limits the exercise of whatever riparian rights the <br />marinas may have. <br />7. Absent such regulations, who would fix and adjust the <br />proper compromise of the obviously conflicting interests of the use <br />of Lake Minnetonka. Only the agencies of -the State of Minnesota <br />and the political subdivisions thereof in exercise of the legislative <br />law making and police power can prescribe the rules by which these <br />"public highways" of the lake are regulated. <br />8. 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 insure. to all equal enjoyment <br />of the *public rights and to suppress the clashing of public and <br />private interest's and resulting public disorder. <br />9. In many ways the development and management of marinas <br />within the City of Orono are peculiarly subject to the local <br />regulations of the City. <br />