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, � � '� • �?t �w d Clt o� ORONO ;�� � �� RESOLUTION OF THE CITY COUNCIL � NO. 1867 � .- �:. � WHEREAS, because of the geographical location of the marinas and their proximity to heavy population, and the access to marinas by county and city roads, and the general use of the bays of Lake Minnetonka for recreation by way of swimming, boating, fishing and water sports by the citizens of Orono, the City regulates both the on- Iand activites of marinas and the extensions of docks and mooring areas into Lake Minnetonka in the interest of pubI.ic order and to protect the life, safety and welfare of the community. The City . through its regulations is not I.icensing boats but is only licensing the marinas to the extent the marina operations affect the general publ.ic and the adjacent properties within the City of Orono; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor Iimit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the . regulation of the navigable waters involves an exercise of poI.ice power of the State, LMCD, and the City of Orono, aII of which have adopted rules to ensure to aII equal enjoyment of • the public rights and to suppress the clashing of public and private interests and resulting public disorder; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to single famil.y residential owners and the commercial marina owners, to the extent prohibiting any interference with the public waters ad- joining that property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against inter- ference by anyone, including those who assert the commonlaw rights of riparian owners, whether or not they be commercial marinas or single family residential owners; and . WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generall.y. The marinas have no exclusive privileges over Lake Minnetonka. The only additional private right that the marina or any riparian owner may have over the public general.ly 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 alI 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. This mutual right of enjoyment which is shared by riparian owners and the public general Iy includes � the recreational benefits of the Lake such as boating and fishing therein; the riparian marina has no exclusive privileges to these rights; and Page 2 of 4