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. . �.�1��}'y .,�.f.M.� �. . . .... , , t' .... ,_ ' � � � .. ' { . .. . . . � �. n `�,- ,v t . . �y - � }4r�`� �i, • ' . F � � - O J■� • , i � `� I � O • O , li b. - �� CITY of ORONO � � � ��L_ �G'�' RESOLUTION OF THE CITY COUNCIL . �kESH�4 NO.. c� � 0 e� !. 12E�OLUTION BI�2ECTIN� STAFF TO ; ISSiTE A JOII�iT�tTSE DOCK LICENSE ; TO FOXI3ILL HOMEOWNE�S ASSOCIATION � SUBJECT TO �CQNDITIONS NOTED gIEREIN � FOR THE PER][OD OF JAI\'UARY 1, 1996 TO DECEMBER 31, 1996 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under� the lav�s of�the. State of ivlixuiesc�ta an.d has the authority and ! � re5ponsiUility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq.,to protect the health, safety, and general tivelfare of the citizens of flie Ci�ty �id other members of the � public within the City; and , V�I3EREt�S,the City shares coiicur.rent jur.isdiction over tlle primary harbor limit of the City of Orono,with the Lake Muinetonka Conservation District and the Department of Naturai Resources of the State of Minnesota; and � � � � ; . ; � WHEREAS,the regulation of the navigable waters involves an exercise of police i power of the State, LMCD, and.the City of Orono, all of which have adop�ed rules to ensure to all { equal enjayment of the pablic rights and equal protection from activity on or ne3.r the�ublic��vaters � and on the land within the City which,if unregulated,may be detrimental to the public health, safety and general welfare; and - i WHEREAS,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 mariiia , o��ners to the exter�.t 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 � pz•ote�tirig against intezferez�ce by anyone, including those who assert the commonlaE�v rights of riparian own.ers,whether or not they be commercial marinas or residential owners; � � ��'►'�IL�.EAS,as to Lake Miruietonka,a mutual right of enjoyment exists between and � �is shaJ�ed by riparian awners and tr�e public generally,no one riparian owner has exclusive privilea�s over Lake Minnetonka. The only ad3itiorial"private right that any riparian owner may�bave over the public general.ly is to construct one dock to the navigable depth of the public waters. T�iere�can be no dispute but that ttie public generally and each riparian owner to Lake Minnetonl:a has the ri;ht ; ' �to use th�entire surface area of Lake Minn.etonka for all suitable piuposes in common with all�th�r � �-- riparian owners. This right is a right not�only to nlembers of the public but the right to eacli ripar�.� 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 fislung therein;the riparian owner has no ; exclusive privileges to these rights; and Page 1 of 2 ' i � i I�- T -- -- --- - - -- -- -- — . �