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4 FOR THE City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2597 RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE VICTORIA ESTATES HOMEOWNERS ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN PERIOD OF JANUARY 1, 1989 TO DECEmER 31, "City" is a municipal the State of Minnesota ta Zesota Statutes, seq.► to protect the of the City and other 1989 WHEREAS, the City of Orono, hereinafter corporation organized and existing under the laws of and responsibility under Min: and has the authority Statute 412, et. seq. and St if reStatute of uthe 4citizens health, safety, and general we a members of the public within the City; and WHEREAS, the City. shares concurrent jurisdiction over the primary with the e Minnetonka on servati harbor lim it of the City of Orono cesofthe State ofnMinnesota; District and the Department of Natural Resources and WHEREAS, the regulation of the navigable waters involves an a: police ower of the State, LMCD, and the City of Orono, all of o ment of the public 1de exercise of poli F pub waters and which have adopted rules to ensure to aloneoranear enjoyment p I rights and equal protection from activity u lased► may be detrimental to on the land within the City which, if unregulated, and general welfare; and the public health, safety ty of Orono WHEREAS, the regulations e ofhe anRowners LMCD,both as toand the lresidential erty rights of t F prohibiting any regulate the prop ro arty. The LMCD► owners and the commercial marina waters adjoining their p n F F over the public waters interference with the p those who assert DNR and City of Orono must fulfill their n trusteeship by protecting against interference by Y be commercial the commonlaw rights of riparian owners, whether or not they marinas or residential o ment WHEREAS, as to Lake Minnetonka, a mutual right of enjoy an exists between and is shared by riparian owners d the public lic generally► The no one riparian owner has exclusive privileges over Lake yMinnetonka. ver the private right that any riparian owner may th of the only additional p gene and public generally is to construct one dock to the navubliceg ep public waters. There can be no dispute but that the p riparian owner to Lake Minnetonka has the right to use the entire each rip • nnetonka for all suitable purposes in common with surface area of Lake Mis right is a ht not only to members of all other riparian owners. to each riparian owner.g the public but theright i Page 1 of 2 i