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f <br />I- <br />.; • <br />m <br />I:'■ <br />r <br />I' <br />;■> <br />vVI*'''. <br />■ * <br />rl-: <br />I / <br />to- <br />j . <br />r-v' <br />%. <br />Vr- <br />^ <br />IffHBRSAS, as a condition to the issuance of the 1975 commercial <br />marina licenses^ each commercial marina operator agreed with the City in <br />writing to an Operations Agreement outlining a three-year phased <br />improvement program established to replace natural vegetation previously <br />removed# to provide for adequate storm water runoff controls# to provide <br />for open space and vegetation buffers between the marina properties and <br />adjoining residential properties# to provide for adequate parking and <br />traffic control and to provide for reasonable performance standards <br />relating to the non-conforming placement and use of docks and mooring <br />spaces upon the public waters; and <br />WHEREAS# all of the requirements of the 1975 Operations Agreement <br />are reasonable exercises of the normal police powers of the City of Orono <br />intended to correct the previous abuses and overuses of public waters and <br />the congested com;vercial marina sites# to correct for the public harm <br />caused by such abuses and to prevent future abuse of the land or the public <br />waters; and <br />WHEREAS# all of the requirements of Section 5.42 of the Orono <br />Municipal Code regulating commercial marina operations# Section 10.41 of <br />the Orono Zoning Code regulating the use of lakeshore business district <br />property and the 1975 Operations Agreement are in full conformity with the <br />applicable regulations and intents and purpose of the Lake Minnetonka <br />Conservation District's regulations for commercial marinas and the State of <br />Minnesota# Department of Natural Resources' regulations for protection of <br />public waters; and <br />WHEREAS# the City of Orono did not require commercial dock <br />license applications to be submitted during license years 1986# 1987 and <br />1989 based on the then pending Code revisions intended to eliminate the <br />licensing requirement. License applications were required in 1988# and <br />1988 commercial dock licenses were issued to those marinas for which no <br />outstanding site or operational issues were identified. License <br />applications were required in 1990 and 1991# but licenses were not issued <br />to any marinas in anticipation of a revised review process; and <br />WHEREAS# it is the intent of the City of Orono to issue <br />commercial dock licenses for license year 1992 and retroactively issue <br />licenses for license years 1990 and 1991 tc all marinas which applied for <br />licenses during those years# regardless of past or present unresolved <br />issues. It is the City's intent that during 1992 the City will work with <br />each marina to develop a 1993 Operations Agreement outlining a multi-year <br />phased improvement program to bring marinas into a higher degree of <br />Page 4 of 5