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� �� <br /> ;� � , _ � <br /> � n. C ITY of ORONO <br /> � � . � <br /> �� �'�' RESOLUTION OF THE CITY COUNCIL <br /> ��kESH�4� NO. 3 2 2 5 <br /> RESOLUTION DIRECTING STAFF TO � <br /> ISSUE A JOINT USE DOCR LICENSE <br /> TO THE OWNERS OF PROPERTY LOCATED <br /> AT 460 TONKAWA ROAD, 500 TONKAWA ROAD <br /> AND 550 TONKAWA ROAD . <br /> - SUBJECT TO CONDITIONS NOTED HEREIN � <br /> FOR THE PERIOD OF JANLTARY l, 1993 TO DECEMBER 31, 1993 <br /> WHEREAS, the City of Orono, hereinafter "City" is a <br /> municipal corporation organized and existing under the laws of the <br /> State of Minnesota and has the authority and responsibility under <br /> Minnesota Statutes, State - Statute 412, et . seq. and State statute <br /> � 462 , et . seq. , to protect the health, safety, and general welfare <br /> of the citizens of the City and other members of the public within <br /> the City; and <br /> • WHEREAS, the City shares concurrent jurisdiction over the <br /> primary harbor limit of the City of Orono with the Lake Minnetonka <br /> Conservation District and the Department of Natural Resources of <br /> the State of Minnesota; and� � <br /> WHEREAS, the regulations of the navigable waters involves - <br /> an exercise of police power of the State, LMCD, and the City of <br /> Orono, all of which have adopted rules to ensure to all . equal <br /> enjoyment of the public rights and equal protection from activity <br /> on or near the public waters and on the land within the City which, <br /> if unregulated, may be detrimental to the public health, safety and � <br /> general welfare; and . <br /> WHEREAS, the regulation of the DNR, LMCD, and the City of <br /> Orono regulate the property rights of the riparian owners both as <br /> to residential owners and the commercial marina owners to the� <br /> extent prohibiting any interference with the � public waters� <br /> adjoining their property. The LMCD, DNR and City of Orono must <br /> fulfill their trusteeship over the public waters by protecting <br /> against interference by anyone, including those who assert the <br /> commonlaw rights of riparian owners, whether or not they be <br /> commercial marinas or residential owners; <br /> WHEREAS, as to Lake Minnetonka, a mutual right of <br /> enjoyment exists between and is shared by riparian owners and the <br /> • � Page 1 of 3 � <br />