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H � 7� � O� ' � O • O �b� - CITY of ORONO � � � ��. �G'� RESOLUTION OF THE CITY COUNCIL . `�kESxo�`' rvo. � 6 9 5 RESOLUTION DIRECTIl�TG STAFF TO � ISSUE A JOINT USE DOCK LICENSE TO BIG ISLAND,INC. SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 1996 TO DECEMBER 31, 1996 WHEREAS, the City of Orono, hereinafter "City" is �a. municipal corporation organized and eaisting under the laws of the State of Minnesota an.d has the authority and ' responsibility under Minnesota.Staiutes, State Stat�ite 412, et. seq. and State Statute 462, et. seq.,to protect the health, safety, and general welfare of the citizens of the City and otuer member.s of the public within the City; and W�iEEREAS,the City shares concurrent jurisdiction over the primary harbor lirr�it of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Res�urces of the State of Minnesota.; and r� �JVHEREAS, the regulation of the navigable waters involves an exercise of police po�ver of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal en�oyment of the public rights and equal protection from activity on or near the public�vaters and on the land within ttie City which,if.unregulated,may be detrimental io the public health, saf'sty and general welfare; and WH�REAS,the regulations of the DNR,LMCD,and the City of Orono�e�n�late the property rights of the ripazian owners both as to residential ov�mers and the commercia.l marina owners to the extent prohibiting any interference with the public waters adjoining their p�operty. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protectitig against interference by anyone, including those who asserl the commonlaw rights of r not the be commercial marinas or residential owners; ri arian owners whether o y II P � WI�EREAS,as to Lake Minnetonka,a mutual right of enj oyment exists between and is,shareci by riparian owners and the public generally,no one riparian owner has exclusive privileges over Lake Minnetoi�.a. 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 � suitable oses in common with all other ake Muuietonka for all p�'p to use the entire surface azea of i. , riparian owners. This ri.ght is a xight not only to members of the public but the nght to each riparian 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 fishing therein; the riparian owner has no exclusive privileges to these rights; and Page 1 of 2 - � � � age 2 of