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_ �. <br /> �. <br /> :-� -�r,� , <br /> i � <br /> a <br /> � <br /> � O� , . <br /> � <br /> � � � � � <br /> � b. - C ITY of 4RON0 <br /> � � . <br /> ��� �G'� RESOLUTION OF THE CITY COUNCIL � <br /> . `�kESxo�' No. �i 6 9 � <br /> RESOLUTION DIREC'�ING S'�AFF TO <br /> ISSUE A JOINT USE DOCK LICEl`�SE <br /> TO NAVARRE COVE HOMEOWNERS ASSOCIAT�ON <br /> . SUBJECT TO CONDITIONS NOTED HEREIN <br /> FOR THE PERIOD OF JANUARY 1, 1996 TO DECEMBER 31, 1996 <br /> WHEREAS, the (;ity of Orono, hereinafter "City" is a municipal corporation. <br /> organized and existing undPr.the laws of the State of Minnesota and has the authority and <br /> ' responsibilify under Minnesota Statutes, State Statutea�l2, et. seq. and State Statute 462, et. seq., to <br /> protect the health, safety, and general welfare of the citizens of the City �Zd other members of the <br /> public within the City; and <br /> V6'HEREAS,the Ciry shares concurrerit jurisdiction over the primary liarUor limit <br /> of the City of Orono with the Lake Minnetonka Conservation District and the Department oi`Natural <br /> Resources of the State of Minnesota; and <br /> • � WHEREAS,the regulation of the navigable waters involves an �xercise�f police <br />. power of the �tate, LMCD, and the City of Orono,all of which have adopted rules ta ensur�� to aii <br /> equal enjoyment of the public rights and equal protection from activity on rr tiear the pub.l.ic tt�aters <br /> and on the land;�vithin the City which,if°unregulated,may be detrimenfal to the�ublic:�i��1tYi, s�fety <br /> arid general welfare; and . <br /> WHEREA�,the regulations of the DNR,LMCD,and the City of Orono regulate the <br /> property xights of the riparian owners both as to residential owriers aiic] tl:e co.mmercial nnarina <br /> owners to the extent prohibiti,ng any interference with the public waters adjoinina their property. <br /> The LMCD, DNR and City of Orono must fulfill their trusteeship ovLr the public waters by <br /> �rotecting against interference by anyone, including those wh.o assert the cominonlaw rights of <br /> riparian owners, whether or not they be commercial rmarinas or residenti�l owners; <br /> W�-IEREAS,as to Lake Minnetonka,a mutual right of enjoyment exists between and <br /> is shared by:iparian owners and the public generally,no one.riparian owner has exclusive privileges <br /> over Lake Minnetonka. The only additional private right that any riparian owner may have over the <br /> public generally is to construct one dock to the navigable depth of the public waters. There can be <br /> no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right <br /> to use the entire surface area of Lake Minneionka for all suitable purposes in common with all other <br /> riparian owners. This right is a right not only to members of the public but the right to each riparian <br /> owner. <br /> � This mutual right of enjoyinent which is sha�.�ed by riparian owners and the public generally includes <br /> the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no <br /> exclusive privileges to these rights; and <br /> � Page 1 of 2 <br />