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• Y & j <br /> 7 O� <br /> `� O O <br /> �b. - CITY of ORONO <br /> � � <br /> '�' RESOLUTION OF THE CITY COUNCIL <br /> ��L �G <br /> �kESH�4 NO. :� � � 4 <br /> RESOLUTION DIRECTII�TG STAFF TO <br /> ISSUE A JOINT USE DOCK LICENS� • <br /> � TO VICTORIA ESTATES IiOMEOWNERS ASSOCIATION <br /> SUBJECT TO CONDITIONS NOTED HEREIN <br /> FOR THE PERIOD OF JANUARY 1, 1995 TO DECEMBER 31, 1995 <br /> WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation <br /> organized and existing under the laws of the State of Minnesota and has the authorit�� and. <br /> responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. <br /> seq., to protect the health, safety, and general welfare of the citizens of the City and other <br /> members of the public within the City; and <br /> W�iEREAS, the City shares concurrent jurisdiction over the prirnary harbor 1'unit <br /> of the City of Orono with the Lake Minnetonl:a Conservation District and the Departmer.t of <br /> Natural 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 <br /> to all equal enjoyment of the public rights and equal protection from activity on or near the <br /> public waters and on the land within the City which, if unregulated, may be detrimental to the <br /> gublic health, safety and general welfare; and <br /> WI�REAS, the regulations of the DNR, LMCD, and the City of Orono regulate <br /> the property rights of the riparian owners both as to residential owners and the commercial <br /> marina owners to the extent prohibiting any interference with the pubiic waters adjcining their <br /> properry. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public <br /> waters by protecting aaainst interference by anyone, including those who assert the commonlaw <br /> rights of riparian owners, whether or not they be commercial marinas or residential owners; <br /> WI�REAS, as to Lake Minnetonka, a mutual right of enjoyment exists between <br /> and is shared by riparian owners and the public generally, no one riparian owner has exclusive " <br /> privileges over Lake Minnetonka. The only additional private right that any riparian owner may <br /> have over the public generally is to construct one dock to the navigable depth of the public <br /> waters. There can be no dispute but that the public generally and each riparian owner to Lake <br /> Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable <br /> purposes in common with all other riparian owners. This ri�ht is a right not only to members <br /> of the public but the right to each riparian owner. <br /> • This mutual right of enjoyment which is shared by riparian owners and the public generally <br /> includes the recreational benefits of the lake such as boating and fishing therein; the riparian <br /> owner has no exclusive privileges to these rights; and <br /> Page 1 of 2 <br />