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`.�'"' �"",�'' . � O� . • O O �b. - CITY of ORONO � ' ti � '� RESOLUTION OF THE CITY COUNCIL - ��kEsi3�g'�G NO. 3 � 0 2 RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO �VALTER'S PORT MAINTENANCE & IMPROVEMENT ASSOCIATION � SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 1996 �'O DECEMBER 31, 1996 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of l��innesota 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 citiz�ns of the City and other mernbers of tlie public within the City; and VVHE�ZEAS,the City shares concurrent jurisdiction over the primary h�rbor limit � of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and • WHEREA�,the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all 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 detrimen`.al to the�ublie health, safety ar.d general welfare; and � WHEREAS,the regulations of the DNR,LMCD,and the City of Orono regulate ihe property rights of the riparian owners both as to residential owners and the commercial rnai•ina ' owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, UNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the commonlaw ri�hts of riparian owners,whether or not they be commercial marinas or residential owners; S�'�EItEAS,as to Lake Minnetonka,a mutual right of enjoyment exists�ietween and is shared by riparian owners and the public generally,no one riparian owner has exclusive privileges over Lake Minr�etonka. T�e only additional private right that any riparian owner may have over the public�enerally is to c�tistruct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian o��vner to Lake Minnetonka has the right ro use the entire surface area of Lake Minnetonka for a11 suitable purposes in common with ail other � riparian owners. This right is a right not only to members of the public but the iight to each riparian owner. • This mutual right of enjoyment which is shazed by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has nu exclusive pr.ivileges to these rights; and . Page 1 of 2