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RESOLUTION DIRECTING STAFF TO <br />ISSUE A JOINT USE DOCK LICENSE <br />TO MINNETONKA POWER SQUADRON <br />SUBJECT TO CONDITIONS NOTED HEREIN <br />FOR THE PERIOD OF JANUARY 1, 198F TO DECEMBER 31, 1986 <br />WHEREAS, <br />the City of <br />Orono, ioreinafter "City" is a <br />municipal <br />corporation <br />organized <br />and existing under the laws cf the <br />State of <br />Minnesota <br />and has the authority and re.sponsibil4ty under <br />Minnesota <br />Statutes, <br />State Statute <br />412, et. seq. and State Statute 462, <br />et. seq., <br />to protect <br />the health, <br />safety, and general welfare of the <br />citizens <br />of the City <br />and other members <br />of the public within the City; <br />and <br />WHEREAS, the City shares concurrent. jurisdiction Ter th-� <br />primary harbor limit of the City of Orono with the Lake Minnetonka <br />Conservation District and the Department of Natural Resources of the <br />State of Minnesota- and <br />WHEREAS, the regulation of the navagable waters involves an <br />exercise of police p-wer 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 equal protection from activity on or near the <br />public waters and on the land within the City which, if unregulated, <br />may be detrimental to the public health, safety and general welfare; <br />d <br />WHEREAS, the regulations of the DNR, LMCD, and the City of <br />Orono regulate tine property rights of the riparian owners both as to <br />residential owners and the commercial marina owners to the extent <br />prohibiting any interference with the public waters adjoininq their <br />property. The LMCD, DNR and City of Orono must fulfill their <br />trusteeship over the public waters by protecting against interference <br />by anyone, including those who assert the commonlaw rights -)f riparian <br />.)wnprs, whether or not they be commercial marinas or residential <br />owners; <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, no one riparian owner has exclusive privileges over Lake <br />Minnetonka. The only additional private right that any riparian owner <br />may have over the public generally is to construct one dock to the <br />navigable depth of the public waters. There can b,� no dispute, but <br />that the public generally and each riparian owner to Lake Minnetonka <br />has the right to use the entire surface area of Lake Minnetonka for <br />all suitable purposes in common with all other riparian owners. This <br />right is a right not only to members of the F _olic.• but the right to <br />each riparian owner. <br />Page 1 of <br />