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• i.n <br /> -' - � City of ORO1�0 <br /> .� � <br /> � � A <br /> � . <br /> �� '� ��` � RESOWTION OF THE CITY COUNCIL <br /> `�:*��/�yy NO. 18 3 2 . <br /> 4 Yf.����. � . <br /> .=.:�:'- •,, • <br /> RESOLUTION DIRECTING STAFF TO <br /> � ISSIIE A JOINT USE DOCR LICENSE <br /> TO WALTER'S PORT MAINTENANCE AND IMPROVEIniENT ASSOCIATION <br /> - SIIBJECT TO CONDITIONS NOTED HEREIN <br /> FOR THE PERIOD OF JANIIARY l, 1985 TO DECEMBER 31, 1985 <br /> WHEREAS , the City of Orono, hereinafter "City" is a <br /> municipa.l corporation organized and existing under the laws of the <br /> State of Minnesota and has the authority and responsiblity under <br /> Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, <br /> et. seq., to protect the health, safety, and general welfare of the <br /> citizens of the City and other members of the public within the City; <br /> 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 the <br /> State of Minnesota; and <br /> • WHEREAS, the regulation of the navigable waters involves an <br /> exercise of police power of the State, LMCD, and the City of Orono, <br /> all of which have adopted rules to ensure to all equal enjoyment of <br /> 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, <br /> may be detrimental to the public health, safety and general welfare; <br /> and - . <br /> WHEREAS, the regulations of the DNR, LMCD, and the City of <br /> Orono regulate the property rights of the riparian owners both as to <br /> residential owners and the commercial marina owners, to the extent <br /> prohibiting any interference with the public waters adjoining their <br /> property. The LMCD, DNR and City of Orono must fulfill their trustee- <br /> ship over the public waters by protecting against interference by <br /> anyone, including those who assert the commonlaw rights of riparian � <br /> owners, whether os not they be commercial marinas or residential <br /> owners; <br /> WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment <br /> exists between and is, shared by riparian owners and the public <br /> generally, no one riparian owner has exclusive privileges over Lake <br /> Minnetonka. The only additional private right that any riparian owner <br /> may have over the public generally is to construct one dock to the <br /> navigable depth of the public waters. There can be no dispute but <br /> that the public generally and each riparian owner to Lake Minnetonka � <br /> � has the right to use the entire surface area of Lake Minnetonka for <br /> all suitable purposes in common with all other riparian owners. This <br /> right is a right not only to me�abers of the public but the right to <br /> each riparian owner. <br /> 1 ' � <br /> Page 1 of 2 <br />