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.,.<- � . _" � . � � O� O O �� CITY of ORONO b' ^ . � ' � '�' RESOLUTION OF THE CITY COUNCIL ��kE II�g'�G NO. e`3 `� o � - S RESOLUTION DIRECTING STAFF TO IS�UE A JOINT USE DOCK LICE1�tSE TO BOARD OF �OVERNORS,BIG ISLAND VETERAN'S CAMP SUBJECT TO CONDITIONS NOTED HER�IN FOR THE PERIOD OF JANUARY 1, 1996 TO DECEMBER 31, 1996 WH�R�AS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authoriiy 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 othei:members of the public within the City; and �. � " S'VHEREAS, the City shares concurrent jurisdiction over the pr'iriiary harbor limit af t,he Gity of Orono with the Lake Minnetonka Conservation District and the L�epartnient of Natural Resources of the State of Minnesota; and • WHEREAS,the regulation of the navigable waters invblves an eYercise of police � power af the State, LMCD, and the City of Orono, all of which have ado�rted rules to ensw•e to all equai ei:joyment of the public rights and equal protection from activity on or nea�the public �,�vaters ancl on the.land within the City which,if unregulated,may be detrimental to thP public health, safety and general wzlfare; and WHEREAS,the regulations of the DNR,LMCD, and the City of Orono regulate the � propert�r rights of the riparian owners both as to residential o�vners and tYie commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. ' The LMCD, DNR and Gity 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; �V��EREAS,as to Lake Minnetonka,a mutual right of enjoyment exists between and is shareci by ripa►-ian owners and the public generally,no one riparian owner has exclusive privileges over La;ce Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no disput.e but tndt the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in conunon�vith all othzr riparian c�wners. This right is a right not only to members of the public but the right to each riparzan o�vner. • This mutual right of enjo}�ment 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 ownez has no exclusive privileges to t�iese rights; and Page 1 of 2