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�.-:_ - �. r, .. _ A c �� Clt� o� ORONO � � �LL � y:t ~�' �i i�'tl.,°' . � °�T f �.a1 t1��xus ��. y� . ��tw RESOLUTION OF THE CITY COUNCIL ,. -: ' �• Np, 1630 �`�,:,-.,t.., ��;.., � �. .1`� `< ��i - i-�` � � `' � ' � . RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO FOXHILL HOMEOWNER"S ASSOCIATION SUBJECT TO CONDITIONS IQOTED HEREIN FOR THE PERIOD OF JANUARY l, 1984 to DECEMBER 31, 1984 VJHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of � PZinnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq. , to protect the health, safety and general welfare of the citizens of the Cit� and other members of the public within the City; and , WHEP.EAS, the City shares concurrent jurisdiction over the p'rimary harbor limit of the City of Orono with the Lake I�Zinnetonka Conservation District and the Department of Natural Resources of the State of riinnesota; and ' • WHEFLEAS, the regulation of the navigable waters involves an � exercise of pol�ce power of the State•, Li�ICD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public � waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners, to the extent � prohibiting any interference with the public waters adjoining their - ;_ _; �--� property. �'he -LMCD, �DNR ,ar�d, City of �O�ono ,must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the commonlaw rights of riparian owners, ' whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake A4innetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over� Lake i�iinnetonka. � 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 to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not � only to members of the public but the right to each riparian owner. � 1 of 2