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F --J <br />LJ <br />Resolution No. 970 <br />Page 4 <br />WHEREAS, as a condition to the issuance of the 1975 commercial <br />marina licenses, each commercial marina operator agreed with the City <br />in writing to an Operations Agreement outlining a three-year phased <br />improvement program established toreplace 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 <br />and adjoining residential properties, to provide for adequate parking <br />and traffic control and to provide for reasonable performance standards <br />relating to the nonconforming placement and use of docks and mooring <br />spaces upon the public waters; and <br />WHEREAS, all of the requirements of the 1975 Operations <br />Agreement are reasonable exercises of the normal police powers of the <br />City of Orono intended to correct the previous abuses and overuses of <br />public waters and the congested commercial marina sites, to correct <br />for the public harm caused by such abuses and to prevent future abuse <br />of the land or the public waters; and <br />WHEREAS, all of the requirements of Chapter 73 of the Orono <br />Municipal Code regulating commercial marina operations, Section 35.100 <br />• of the Orono Zoning Code regulating the use of lakeshore business <br />district property and the 1975 Operations Agreement are in full <br />conformity with the applicable regulations and intents and purpose <br />of the Lake Minnetonka Conservation District's regulations for <br />commercial marinas and the State of Minnesota, Department of Natural <br />Resources' regulations for protection of public waters; and <br />WHEREAS, the purpose of this Resolution is to set forth <br />the above noted general conditions and concerns and the following <br />special conditions as they relate to an application for an annual <br />Commercial Dock License described on Exhibit A attached. <br />NOW, THEREFORE, BE IT RESOLVED, that the City Council of <br />the City of Orono hereby directs the staff to issue a Commercial <br />Dock License according to the facts and conditions noted on Exhibit A <br />attached. <br />Adopted by the City Council of the City of Orono at their meeting on <br />the 18 day of December 19 78 <br />• i iam B. Van est, Mayor <br />ATTEST: <br />Walter R. n n, Clerk/A dministrator <br />