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.:. _, , O� � , • O O ��b. - CITY of ORONU � � � '� RESOLUTION OF THE CITY COUNCIL � . � � . ��kE H�g'�G . � � . N O. � �. � �, ..� : . � . S . . . �SOLUTION DIRECTING STAFF'�O ISSUE A JOINTi U�E AOCK LICENSE � TO �VALTEgt'S PORT MAIN"I"ENANCE &INIPROV�1VyEletT ASSOCIATION �UBJECT TO CONDI�IONS NOTED HEREIN � �+'OR TgIE PERYOD OF JANiJARY 1, 1998�'O I)ECEMBER 31, 1998 WI��EAS,the City of Orono,hereinafter"City" is a municipal corporation or�anized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412,et. seq. and State Statute 462, et. seq.,to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and � W�IEI�AS, the City shares concurrerit jurisdiction over the primary harbor limit of the City of Orono ��ith the Lake Minnetonka Conservation District and the Deparixnent of Natural Resources of the State of Minnesota; and � . WI�REAS,the regulation of the navigable waters involves an exercise of police power of the State, •LMCD,and the City of Orono, a11 of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which,if unregulated, may be detrimental to the public health, safety and general welfare; and W�iER�AS,the regulations of the DNR,LMCD,and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD,DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the � commonlaw rights of riparian owners,whether or not they be commercial marinas or residential owners; � WH�REAS,as to Lake Minnetonka, a mutual right of enjoyment exists between a�d is shared by � ripazian owners and the public generally,no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have�ver the public generally is to constr-uct one dock . to the navigable�depth of the public waters. There can be no dispute but that the public generally ancl each riparian � owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and • �YEISlE�,S, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and � Page 1 of 2