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. ,. �, . . ' . • Resolution No. 1096' . f ' ' • Page 7 . . . . 33. As a condition to the issuance of the 1975 com�ercial marina licenses, each commercial marina operator agreed with the City in writing to an Operations Agreement outlin3ng a three-year phased improvement program established to replace natural vegetation previously • removed, to provide for adequate storm water 'runoff controls, to provide for open space and vegetation buffers. bet�aeen the marina - properties. and �ad,joining residential properties, to provide for adequate p�arking and traffic contro.l and to provide for reasonable performance standards relating to the nonconforming placement and � use of docks and mooring spaces upon the public waters. - _ ' 34. All of the requirements of the 1975 Operations Agreement are reasonable exercises of the normal police powers of the City of � � Orono intended to correct the previous abuses and overuses of public • waters and the congested co�ercial marina sites, to correct for the public haxm caused by such abuses and to prevent future abuse of the . land or the public waters. , . . 35. All of the requirements of Chapte,r 73 of the Orono � Municipal Code regulating co�ercial marina operations, 'Statute � 35.100 of the Orono Zoning Code regulating the use of lakeshore . . business district property and .the 1975 Operations Agreemeat are in full conformity with the applicable regulations and intents and . purpose of the Iake Minnetonka Conservation District's regulations for co�ercial marinas and the State of_Minnesota, Depar�ent of Natural Resources' regulations for protection of public waters. . . 36. _ None of the commercial marinas have fully camplied with ' • the 1975 Operations Agreement. There�_has been a general lack of good, � faith on- the part of the marina operators, ,who have exhibited disregard for comiplying with the provisions of the 1975. Operations Agreement . and disregard for the legitimate concerns of thei.r residential neighbors � and the public at large, ' � AND, BE IT FURTHER RESOLVED, that based upon the �s�uclies arid findings pertaining directly to this Marina' s 1979 Commercial: Dock License application, the .City Council of the City of Orono hereby denies the February 9, 1979 application for a City of Orono Commercial Dock License for North Shore Drive Marina because of one or more of the general reasons set forth above, and one or more of the following findings of fact: _ , • .