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, . . �......._-� -. _ -----._� .. .. . . .. .., : ._.�, ._ . . _. . .. . , ..._... . . <br /> .._...w�...�.,..y..�..,.�„ �_..__..� .>___�_. ,._.. . _.._.,�. . • - -. . ._ _ . ._. <br /> Z���V 1. <br /> �` �� �' Clt� o� ORONO , <br /> • �� . . . <br /> t);��'(+R��w��. : <br /> �� �*� <br /> RESOLUTION OF THE CITY COUNCIL <br /> �;�`.,'. 2 7 7 5 <br /> � NO. <br /> �t: ,.J'� <br /> � � � . <br /> �dz� . <br /> RESOLDTION DIRECTING STAFF TO <br /> ISSIIE A JOINT OSE DOCR LICENSE <br /> TO THE OWNERS OF PROPERTY LOCATED AT <br /> 3155 NORTH SHORE DRIVE, 3185 NORTH SHORE DRIVE, <br /> AND 1406 BOHN'S POINT ROAD <br /> SDBJECT TO CONDITIONS NOTED HEREIN <br /> FOR THE PERIOD OF JANIIARY 1, 1990 TO DECEMBER 31, 1990 <br /> WHEREAS, the City of Orono, hereinafter "City" is a municipal <br />' corporation organized and existing under the laws of the State of Minnesota <br /> and has the authority and responsibility under Minnesota Statutes, <br /> State <br /> Statute 412, et. seq: and State Statute 462, et. seq., to protect the <br /> health, safety, •and general welfare of the citizens of the City and other <br /> members of the public within the City; and <br /> WHEREAS, the City shares concurrent jurisdiction over the primary <br /> harbor limit of the City of Orono with the Lake Minnetonka Conservation <br /> District and the Department of Natural� Resources vf the State of Minnesota; <br /> 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,� all of <br /> which have adopted rules to ensure to all equal enjoyment of the public <br /> rights and equal protection from activity on or near the public waters and <br /> on the land within the City which, if unregulated, may be detrimental to <br /> the public health, safety and general welfare; and <br /> WHEREAS, the regulations of the DNR, LMCD, and the City of Orono <br /> regulate the property rights of the riparian owners both as to residential <br /> owners and the commercial marina owners to the extent prohibiting any <br /> interference with the public waters adjoininq their property. The LMCD, <br /> . DNR and City of Orono must fulfill their trusteeship over the public waters <br /> by protecting against interference by anyone, including those who assert <br /> the commonlaw rights of riparian owners, whether or not they be commercial <br /> marinas or residential owners; <br /> WHEREAS, as to Lake r7innetonka, a mutual right ot enjoyment <br /> exists between ana is shared by riparian owners and the public generally, <br /> no one riparian owner has exclusive privileges over� Lake Minnetonka. The <br /> only additional private right that any riparian owner may have over the <br /> public generally is to construct one dock to the navigable depth of the <br /> public waters. There can be no dispute but that the public generally and <br /> each riparian owner to Lake Minnetonka has the right to use the entire <br /> surface area of Lake Minnetonka for all suitable purposes in common with <br /> all other riparian owners. This right is a right not only to members of <br /> • the public but the right to each riparian owner. <br /> Page 1 of 2 <br />