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Resolution No. 994 <br />• Page 7 . <br />33. 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 to replace natural vegetation previously <br />removed, to provide' for adequate storm water runoff controls, to <br />provide -for open space and vegetation buffers. between the marina <br />properties and adjoining residential properties, to provide for <br />adequate parking and traffic control 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 commercial marina sites, to correct for the <br />public 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 of the Orono Zoning Code regulating the use of lakeshore <br />business district 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 regulations <br />for commercial marinas and the State of.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 Agreement. There -.has been a general lack of good <br />faith on the part of the marina operators, who have exhibited disregard <br />for complying with the provisions of the 1975. Operations Agreement <br />and disregard for the legitimate concerns of their residential neighbors <br />and the public at large. <br />AND, BE IT FURTHER RESOLVED, that based upon the above <br />studies and findings, the City Council of the City of Orono hereby <br />denies the January 31, 1979 application for a City of Orono Commercial <br />Dock License from. North Star Marina, Inc. <br />0 <br />