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`� . O� x � ^ '�� O � O . • S CITY of ORONO � --- :. � ti �',�� ' �G'�' - RESOLUTION OF T�rHEIlC�Y COUNCIL <9,kESKp4 NO. � RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE � TO MINNETONKA POWER SQUADRON SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 2004 TO DECEMBER 31, 2004 WHEREAS,the City of Orono,hereiiiafter"City"is a inunicipal coiporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Miiinesota Statutes, State Statute 412,et.seq. and State Statute 462,et.seq.,to protect the hea1t11, safety,and general welfare of the citizens of the City and other meinbers of the public within the City; and WHEIZEAS, the City shares concui-rent jurisdiction over the priinary harbor liinit 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 regi,ilation of the navigable waters invoives an exercise ofpolice power of the State, LMCD, and the City of Orono, all of which have adopted ntles 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 witliin the City which,if unregulated, may be detrimeiital to the public health, safety and �eneral�velfare; and WHEItEAS,the regulations of tl�e DNR,LMCD,and the City of Orono regl,ilate the propertyrights of the riparian ov�niers both as to resideutial owners and the commercial inariva owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD,DNR and City of Orono must fulfill their trusteeship over the public �vaters by protecting against iilterference by anyone, including those who assert the commonlaw rights of ripariaiz owners, whether or not they be commercial marinas or residential owners; WHEREAS, as to Lalce Minnetonka, a inutual right of enjoyment exists between and is shared by riparia�l owners and tl�e 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 riparian owner to Lake Minnetonka has the right to use the entire surface axea 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 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; .and Page 1 of 2