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, _ <br /> ,�_ <br /> �':�. � , <br /> - , <br /> O�T - J <br /> " � � `/ <br /> O • O F _ <br /> �� . ITY of ORONO <br /> b C <br /> � � <br /> ��i ��'� RESOLUTION OF THE CITY COUNCIL <br /> . �kESH.��' NO. e� �1 � `7 <br /> RESOLUTION DIRECTING STAFF TO <br /> ISSUE A JOINT USE DOCK LTCENSE <br /> TO VICTORIA ESTATES HOMEOWNERS ASSOCIATION <br /> SUBJECT TO CONDITIO�NS I\TOTED HEREIN <br /> FOR THE PERIO� OF 7ANUARY 1, 1996 TO DECElVPBER 31, 1996 <br /> WHEREAS, �he City of Orono,�hereinafter "City" is a municipal corporation <br /> organized and•�•existing under the laws of the State of Minnesota and has the authority and <br /> ' responsibility tmder Minnesota Statutes, State Statute 412, et. seq. and�5tate Statute 462, et. seq., to <br /> protect il��health, safety, and general welfare of the citizens of the City and other members of the <br /> public within the City; and <br /> WHEREAS,the City shares concurrent jurisdiction over the primary harbor limit <br /> of the Ci�ty of Orono with the Lake Minnetonka Conservation District and the Department of Natural <br /> Resources of the State of Minnesota; and � <br /> � . WHEREAS, the regulation of the navigable waters involves an exercise of police <br /> � power of the State,LMCD, and the City of Orono, all of which have adopted rules to ensure to all <br /> equal enjoyment of the public rights and equal protection from activit�� on or near the public waters <br /> and on the land within the City which,if iinregulated,may be detrimenta�to the°public health, safety <br /> and general welfare; and <br /> WHEI�EAS,the regulations of the DNR,LMCD,and ttie Gity of Orono r,egulate the <br /> property rights of�the riparian owners both as to residential owners and the commerciaT marina <br /> owners to the extent prohibiting any interference with the public waters adjoinirig their property. <br /> The LMCD, DNR and City of Orono must fulfll their trusteeship over the public waters by <br /> protecting aga.inst interference by anyone, including those who assert the conunonlaw rights cf <br /> riparian owners, whether or not they be comnaercial marinas or residential owners; <br /> � ' WHE1tEAS,as to Lake Minnetonlca,a mutual'right of enjoyment exists be��vEen and <br /> is shared by`riparian owners and the public generally,no one riparian owner has exclusive privileges <br /> over Lake Minnetflnka. 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 Minnetonka 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 enjoyment which is shared by riparian owners and the public generally includes <br /> the recreational bene.fits of the lalce such as boating and fishing therein; the riparian owner has no <br /> exclusive privileges to these rights; an�i <br /> Page 1 of 2 <br />