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1- <br /> O <br /> � � <br /> • O O <br /> ��b. - � CITY of ORONO <br /> � � <br /> ti <br /> �� G'� . RESOLUTION OF THE CITY COUNCIL <br /> ��kESH�4�' NO. � � � � . <br /> � RESOLiJTION DIRECTING STAFF TO <br /> ISSUE A JOINT USE DOCK LICENSE � <br /> TO KELLY COVE HOMEOWNERS ASSOCIATION <br /> SUBJECT TO CONDITIONS NOTED HEREIN <br /> FOR THE PERIOD OF JANUARY 1,2001 TO DECEMBER 31,2001 <br /> WHEREAS,the City of Orono,hereinafter"City"is amunicipal corporation organized and existing <br /> under the laws of the State of Minnesota.and has the authority and responsibility under Minnesota.Statutes, State <br /> Statute 412,et. seq. and Sta.te Statute 462, et. seq.,to protect the health,safety,and general�welfare of the citizens <br /> of the City and other members of the public within the City; and � � <br /> WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of <br /> Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of <br /> Minnesota; and <br /> WHEREAS,the regulation of the navigable waters involves an exercise ofpolice power of the State, <br /> •L,MCD,and the City of Orono,all of which have adopted rules to ensure to all equal enjoyment of the public rights <br /> ancl equal protection from activity on or neaz the public waters and on the land within the City which,if unregulated, <br /> may be detrimental to the public health, safety and general welfaze; and <br /> WHEREAS,the regulations of the DNR,LMCD,and the City of Orono regulate the property rights <br /> of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any <br /> interference with the public waters adjoining their property. The LMCD,DNR and City of Orono must fulfill their <br /> trusteeship over the public waters by protecting against interference by anyone, including those who assert the <br /> commonlaw rights of riparian owners,whether or not they be commercial marinas or residential owners; <br /> i�VHEREAS,as to Lake Muuietonka,a mutual right of enjoyment exists between and is shazed by <br /> riparian owners and tlie public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. <br /> The only additional private right that any riparian owner may have over the public generally is to construct one dock <br /> to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian <br /> � owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes <br /> in common with all other riparian owners. This right is a right not only to members of the public but the right to <br /> each riparian owner. � <br /> This mutual right of enj oyment which is shared by riparian owners and the public generally includes the recreational <br /> benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these <br /> rights; and <br /> WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all <br /> •riparian users of the lake aze regulated in such a way as to ensure there is no abuse of the limited riparian rights;and <br /> Page 1 of 2 <br />