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� . � � ��. � O� . O O • �� ? � CITY of ORONO ,� ,. �, �r RESOLUTtON OF THE CITY COUNCIL ��l ��'~ `�kEsH.o4` No. 51 � � RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO PHEASANT LAWN HOMEOWNERS ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUA.RY 1, 2004 TO DECEMBER 31, 2004 WHEREAS,the City of Orono,hereinafter"City"is a inunicipal corporation organized and existing under the laws of the State of Miiuiesota and has the authority and responsibility under Minnesota Statutes, State Statute 412,et. seq, and State Stahrte 462,et.seq.,to protect the health,safety,and general welfare ofthe citizensof � the City aild other members of tlie public witliin the City; and WHEREAS, tlie City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with tl�e 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 police power of the State, LMCD, and the City of Orono,all of which have adopted rules to ensure to all equal enj oyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which,if unregulated, may be detriinental to the public health, safety and general welfare; and WHEREAS,the regulations of the 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 prohzbiting any interference with the public waters adjoining their property. The LMCD,DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the common law rights of riparian owners, whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally,no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may 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 ripaxian owner to Lake 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 mernbers of the public but the right to each riparian owner. , This mutual right of enj oyment 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; �d . !�� . i 1� . . Pa e 1 of 2 '� ��'t ��' '� s�. ', g � � . ...,. E� � i i �: