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r__ -r :«r . . . � r •:..r r.x<.r ,, j? ��. t. . � � ' . . � .AF•�:.k.':_, � . . . -,�� ,r . ; . ' kY ��r c�t�.o� or�oNo ` �� ;fi �: . . '� . . _ . .. . . �_` . _. �x�� � . ��` �� � '� � R�SOLUTION OF THE CITY COUNCIL i �,, �� N�. 2011 �.:�x.• , ,�; , _.._ ...., ,•� ;,�,;.�., RESOLIITION DIRSCTING STAFF TO ISSIIE A JOINT DSE DOCR LICENSE TO NiINN$TONRA POWER SQIIADRON SIIBJECT TO CONDITIONS NOTED HEREIN FOR THE PBRIOD OF JANDARY 1, 19 8 6 TO DECEA�B12 31, 1;9 8 6 ' WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibi�lity under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the � citizens of the City and other members of the public within the City; and I WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the LakelMinnetonka Conservation District and the Department of Natural Resou�rces of the � State of Minnesota; and WHER$AS, the regulation of the navagable waters involves an exercise of police power of the State, LMCD, and the Cit,y of Orono, all of which have adopted rules to ensure to all equal e� joyment of the public rights and equal protection from activity on Ior near the public waters and on the land• within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and , WH$R$AS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owner both as to residential owners and the commercial marina owners to: the extent prohibiting any interference with the public waters adjqining 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 commonlaw rights� of riparian owners, whether or not they be commercial marinas or esidential owners; WHER$AS, 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 ri;parian owner may have over the public generally is to construct onei 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 area of Lake Mi�inetonka for a.11 suitable purposes in common with all other riparian Qwners. This right is a r:ight not only to members of the public but the right to each riparian owner. Page 1 of 2