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, � -� � ,.. - 1 _ . t ' � O ' V . � • O • O �b. - CITY of ORONO � F '� RESOLUTION OF THE CITY COUNCI� ��9kESH�g'�� ' NO. 3 `� o o '� � RESOLUTIQN DIRECTING ST = ISSUE A JOINT USE DOCK LICENSE . TO PHEASANT LAWN HOMEOWNERS ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR T1�E PERIOD OF JANUARY 1, 1996 TO I)ECEMBER 31, 1996 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minn�sota and has the authority and • responsibility under Minnesota Statutes, State Statute 412,et. seq. anci State Statute 462, et. seq.,to protect the 13e�lth, safety, and general welfare of the citizens of the City and other members of the public withui tne City; and WHEREAS, the City shares concurrent jurisdictiun ov�r the primary harboi•limit of±h�:�:ify of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resot�rces ar the State of Minnesota; and . • 'dVg�]EREAS,the regulation of the navigable t�vaters involves an exercise of police �ower of�br State,LMCI�, and the City of Qr.ono, all of which have ad�pted rules to ensure to all e�uul ez�j oym.e�i of the put+�ic rights and equal protection fron� act�ii•;�y o�ur near the public waters and on thF Ia.nc��i�hin tlie C'ity which,if.uriregulated,mav be detrimeiital to the pu6lic healih, saiety and gen�r�l welf�re; and 'WHEREAS, tlie regulations of the DNR,LMCD,and the City of Orono regulat�tkie pro�erty rights of tlle riparian owners both as to residential owners a�id the c��inmercial marina awners to tl�;• �:xtent prohibiting any interference with the public waters adjoining d�eir praperry. The I,MC`��, �i'VR and City of Orono must fulfill their trusteeship over the public waters Uy p.rotectin; ag-3inst interference by anyone, including those who assert the commonlaw rights of r.ipari;zn o��z��.rs,-c�r�leiher or not t,�.�y be coznmercial marinas or residential owners; � VVI��]EAS,as to Lake Miruietonka,a mutual ri�ht of enjoyment exists between and is shared by riparian ovvnPrs and the public generally,no one riparian owner has exclusive privil�ges over T�ke Mi.nnetoizka. The only additional private right that any riparian owner may have over the pubiic;ge�lerally is to construct one dack to `�.he navigable depth of the public waters. T'here can be no disUUte�ut that tlie public generally and each riparian owner to Lake Minnetor�a has the right to use`�.he e�.tire surface area of La�c�Mi�-znett�i�lca for all suitable purposes in common with�il other � riparian ov�niers. This right is a right not�tLfy to mernbers of the public but the right to each riparian " owner. ' � • This mutu�l right of enjoymer.t which is shared by riparian owners and the public generall}�includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and ' Page 1 of 2 ,