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: . • "_ . • .t.. ..`' " "" " ' . . ... �'9's�. . � �• . + � � .�� .,(�V�'� • � O� � ` � O O � � �b. - � �� CITY of ORONO � � ,� G'ti� RESOLUTION OF THE CITY COUNCIL l � s� s � � -. � �kESH.04 NO. • . � RESOLUTION DIRECTING STAFF TO ISSUE A JOIN'T USE DOCK LICENSE TO MINNETONKA POWER SQUADRON SUBJECT TO COI�DITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 1995 TO ID�CF,MBER 31, 1996 ,� WHEREAS, the City of Orono, hereinaft�r "C;ity" is a municipal corporation organized and existing uuder the laws of the State of Minnesota and has the authority and ' responsibility-under IVIinnesota.Statutes, State Statute 412,et. seq. and State Statute 462, et. seq.,to protect the health, safety, ancl general welfare of the citizens of the City and other members of the public within the City; and � WIiEREAS,the City shares concurrent jurisdi�tion over the prirnary harbor limit of the City of Orono with the Lake Minneionlca Cor�servation District and the Department of Natural Resources of the State of Minnesota; and WH�REAS,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 adopt�d rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near tl�.e public waters and on the land witlun tYie City which,if unregulated,may be detrimental to th�public health, saf�ty and general welfare; and � W�iEREAS,the regulations of the DNR,LMCD,and tlie City of Or:�no regulate the property rights of the riparian owners both as to residential owners and the comnlercial marina owners to the extent prohibiting any interference with the public waters adjoining their pr.operty. T17e 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; `VHEREAS,as to Lake Minnetonka,a mutual right of enjoyment exists between and is shared by riparian 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 over the � public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that 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 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 o�wners 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 . Pag elof2