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. y <br />W <br />jfe-I-i;CV^r <br />,v <br />'f <br />fe <br />I <br />W. <br />eV' <br />af>^- <br />Ki . . <br />;•,:' <br />•-> <br />E’ - <br />. <br />'.c'jV <br />; f\ <br />|,x, <br />•r' ■< <br />i'';v <br />i; <br />t'-' <br />1. <br />f • <br />!r: <br />S^’ <br />y'. <br />'■; <br />- <br />• .>. <br />WHEREAS, 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 nature 1 vegetation previously <br />removed^ to provide for adequate storm water rurioff 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 />■'.raffle control and to provide for reasonable performance standards <br />^elating 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 commercial 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, 1997 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 yeara 1990 and 1991 to 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