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t <br /> • <br /> ` Clt� of ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> • <br /> NO. 1291 <br /> • � • • <br /> 33. As a condition to the issuance of the 1975 coz�unercial <br /> marina licenses, each comffiercial marina operator agreed with the City <br /> in writing to an Operations Agreement outlining a three-year phase�l <br /> improvement program established to replac� natural vegetation previously <br /> removed, to provide for adequa te storm water runoff contxols, to <br /> provide for open space and vegetation buffers between the marina <br /> properties and adjoining residen taal properties, to provide for <br /> adequate parking and traffic controZ and to provide for reasonable � <br /> performance standards relating to the nonconforming placement and <br /> use of docks and mooring spaces upon the public waters. <br /> 34. All of the requirements of the 1975 Operations Agreement <br /> are reasonable exercises of the normal police powers of the City of <br /> Orono intended to correct the previous abuses and overuses of public <br /> waters and the congested co�nercial marina �ites, to correct for the <br /> pubZic harm caused by such abuses and to prevent future abuse of the <br /> • land or the public waters. <br /> 35. All. of the requirements of Chapter 73 of the Orono <br /> Municipal Code regulating commercial marina operations, Statute <br /> 35.100 0�' the Orono Zoning Code regulating the use of lakeshore <br /> business distric� property and the 1975 Operations Agreement are in <br /> full conformity with the applicable regulations and intents and <br /> purpose of the Lake Minnetonka Conservation District' s regulatior�s <br /> for con��rcial marinas and the State af,Minnesota, Department of <br /> Natural Resources ° regulations for protection of public waters. <br /> 36. None of the commercial marinas have fully complied with <br /> the 1975 Operations Agree�nent. There has been a general lack of good <br /> faith on �he part of the marina opera��rs , who have exhibit�d disregard <br /> for complying with the provisions of the 1975 Operat�ons Agreement <br /> and disregard for the �egitimate conc�ms o� t'neir residential neighbors <br /> and the pub�ic at large. <br /> AND, BE IT FTJRTHER RESOLVED, that based upon the above general <br /> studies and findings; based upon the lack of compliance by the applicant <br /> with reasonable ordinance or license requirements in past years; and based <br /> upon a thorough review of the sub�ect 1980 license application, the City <br /> . Council of the City of Orono hereby denies the January 7 , 1980 application <br /> for a City of Orono Commercial Dock License from North Star Marina, Inc. <br />