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.,. �_ � O� O � O • � , � CITY of ORONO � � -� ti �� G~' RESOLUTION OF THE CITY COUNCIL �kES80g' NO. u� � � � RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO FOREST ARMS COUNTRY CLUB ADDITION HOMEOWNERS ASSOCIATION, INC. SUBJECT TO CONDITIONS NOTED HEREIN � FOR THE PERIOD OF JANUARY 1, 2004 TO DECEMBER 31, 2004 WHEREAS,the City of Orono,hereinafter"City"is a miuucipal corporatioii organized and existing under the laws of the State of Miiniesota and has the authority and responsibility under Miruiesota Statutes,State Stahrte 412,et. seq. aud State Stah.rte 462,et.seq.,to protect the health,safety,and general welfare of the citizens of the City and other inembers of the public within the City; and WHEREAS, the City shares coucurrent jurisdiction over the priinary harbor limit of the City of Oroilo with the Lake Miruietonka Conseivation District and the Departrnent of Natural Resources of the State of Minnesota; and WHEREAS,the regulation of the navigable waters involves an exercise ofpolice power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection fiom activity on or near the public waters and on the land within the City which,if unregulated, may be detrimental to the public liealth, safety and general welfare; and WHEREAS,the regulations of tlie 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. Tlie LMCD,DNR and City of Orono must fulfill their trusteesliip over the public waters by protecting against interference by anyone, including those who assert the commonlaw rights of ripazian owners, whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of eiljoyment exists between and is sharedby riparian owners and the public generally,no one riparian owner has exclusive privileges over Lake Minnetonlca. The only additional private right that any riparian owner inay 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 Lalce 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. This mutual right of enj oyinent which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein;the riparian owner has no exclusive privileges to these rights; , •and � ;'t % 1 �i t. ;;� Page 1 of 2 � �r� ,'� � � �