HomeMy WebLinkAboutResolution 606 & 607RESOLUTION NO. (O l
A RESOLUTION DIRECTING STAFF TO ISSUE
A"LICENSE TO MINNETONKA BOAT WORKS, INC.
FOR A COMPIERCIAL BOAT DOCK BUSINESS
FOR THE TIME PERIOD FROM MAY 15, 1975
TO DECEMBER 31, 1975 FOR THE PURPOSES
AS SET FORTH HEREIN AND SUBJECT TO THE
CONDITIONS SET FORTH HEREIN.
WHEREAS, it is the overriding concern of the city to
eliminate the unique problems presented in increasing boat
density,.hard cover, traffic density on land, storm water run-
off, and noise in the area for the proposed premises, and
WHEREAS, the council realizes that there is a need
to regulate the increasing traffic density on land, increasing
storm water run-off and in some cased to decrease the present
level of the above items in the area for*the proposed premises,
and
• WHEREAS, the
standards and factors
license applications
Municipal Code, and
council has adopted certain performance
to be considered in granting or denying
which are set forth in Chapter 73 of the
WHEREAS, it is unlawful for any person to operate a
commercial boat dock business or be engaged in top business
of docking, mooring or storing boats in the City of Orono
without first obtaining the annual license pursuant to the
provisions of Chapter 73 from the City.Council, and
WHEREAS, these standards and factors are necessary
in order to protect the health, safety and welfare of the
citizens of Orono and in order to eliminate the problems
frequently caused by the business of docking, mooring or
storing boats, and
WHEREAS, as a'condition precedent to the granting
of any license pursuant to Chapter 73 of the Orono Municipal
Code, the applicant shall enter into an Operations Agreement
with the city which shall include provisions relating to all
of the requirements of Chapter 73, including, but not limited
to: the required landscaping and planting for designated land-
scaping areas, location and surfacing of access roads, parking,
• storage, hours of operation, number of boat slips and boat
buoys, length of dock, sanitary facilities, lighting and
other requirements and performance standards that the council
deems necessary to promote public safety, health, welfare and
enjoyment of the lake as a public recreational asset, and
• WHEREAS, the applicant has filed an application seek-
ing a license for 1975, and
WHEREAS, the applicant has made application to the
city for approval of an annual license to operate a commercial
boat dock business and/or to engage in the business of docking,
mooring or storing boats within the City of Orono, on premises
described in Exhibit A attached hereto, hereinafter referred
to as "the premises", and
WHEREAS, as a condition precedent to the granting of any
license pursuant to Chapter 73 of the Orono Municipal Code, the
applicant shall enter into an Operations Agreement with the
city which'shall include provisions relating to all of the
requirements of Chapter 73, including, but -not limited to:
the required landscaping and planting for designated landscaping
areas, location and surfacing of access roads, parking, storage,
hours of operation, number of boat slips and boat buoys, length
of dock, sanitary facilities, lighting and other requirements and
performance standards that the council deems necessary to promote
public safety, health, welfare and enjoyment of the lake as a
public recreational asset, and
WHEREAS, the council extended the date by which the
council may deny or issue the licenses to May 15, 1975 in
• order to allow the applicant additional time to meet the
requirements of Chapter 73, and
WHEREAS, the applicant still has not met the require-
ments of Chapter 73, but the council desires to work with the
applicant and to grant him a license for the time period of
May 15, 1975 to December 31, 1975 subject to certain conditions
hereinafter set forth, so that the applicant will have an
opportunity without the interruption of his business to pre-
pare and present additional plans showing full compliance
with Chapter 73 by November 15, 1975. -1
WHEREAS, the applicant has not entered into an
Operations Agreement, and
WHEREAS, the applicant understands fully that any license
granted pursuant to Chapter 73 and this resolution stall run only
through December 31 of the year for which the license is requested
or for a lesser period of time if so specified by the council
and that any license granted pursuant to this resolution and
Chapter 73 may be revoked upon notice by the council for any
violation of this resolution or of Chapter 73, and
WHEREAS, based on the assumption that the applicant
will proceed in good faith. and will present plans which meet
• the requirements of Chapter 73 by November 15, 1975,
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1
• NOW, THEREFORE, the City Council grants a license under
Chapter 73 to the applicant for the time period from May 15,
1975 to December 31, 1975 subject to the following:
•
A. General Provisions:
1. Nothing in this resolution shall confer upon any
person for the benefit of any property any vested right to use.
Lake Minnetonka or the premises in a manner permitted by this
resolution, but the use of Lake Minnetonka and the premises shall
remain subject to such regulations and ordinances as the city
and other competent regulatory authorities shall deem necessary
from time to time in the public interest.
2. No person to whom a license has been granted under
this resolution may have a vested right to such a license br to
a renewal thereof.
3. Because the application and plans as submitted
by the applicant and as amended by the City Council does not
meet all the requirements of Chapter 73, the city reserves the
right to demand that the applicant fulfill the requirements of
Chapter 73 before the license for,the year 1976 will be granted.
4. In addition to those restrictions set forth herein,
the City Council incorporates all conditions and restrictions as
set forth on Exhibit A attached hereto. ,
5.•.Nothing in this rdsolution shall supercede the
provisions of Chapter 73 and wherever the provisions of this
resolution are not as restrictive as those in Chapter 73, the
application of these provisions shall be deemed to"constitute
a variance only to be granted for the time period of May 15,
1975 to December 31, 1975.. The provisions of this resolution
shall not supercede any ordinance of the city or other competent
regulations which are more restrictive in its provisions and' -
application as to•the location, construction, installation,
maintenance and size of docks, buoys and other structures in
the water or on the land.
6. Should any section or provision of this resolution
be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of this resolution
as a whole or any part so declared to be invalid. Should any
section or provision of Chapter 73 of the Municipal Code or any
other land use ordinance or regulation that relates to this
resolution be declared by a court of competent jurisdiction to
be invalid, such decision shall not affect the validity of this
resolution as a whole or any part thereof.
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B. Requirements of Chapter 73:
1. Location and Size of Structures.
.
The applicant shall maintain and allow on the premises
only those buildings, road entrances and exists, foot ramps,
signs, off-street parking, gas tanks, storage areas and struc-
tures which are shown on the site plan drawn accurately to scale
attached hereto as Exhibit A. The locations of those structures,
etc., shall remain as indicated in the site plan and there shall
be no expansion of those structures. The applicant may remove
.
any structure from the premises when he desires in accordance
with other applicable ordinances...
2. Parking.
•
The applicant shall provide the following vehicular off-
street parking facilities which may not be paved and may not be
separated by a public roadway from the.dock, storage space,
•
mooring space, or ramp they are designated to serve:
a. 40 parking spaces in order to serve the
boat slips on water or on land shown on
Exhibit A.
•
b. 14 additional parking spaces in order to
serve the floor area, including warehousing,
and -all outside s�L1es and storage areas related
to the sales and service functions.
c. Applicant has no ramps to launch boats owned by
the public for the day from trailers.
The parking spaces for each of the above functions are marked -
on the attached site plan. These parking spaces may be used
for storage of boats only from October 1 to May 1 each year
provided that 200 of the total of the above parking spaces
remain as a functional parking area. The 20% reserved for
winter parking are designated on the'site plan. The areas
allowed for winter storage are marked on Exhibit A. Except
as otherwise permitted, the designated parking areas may be
used only for parking and not for storage of boats.
3: " Landscape Plan.
The operator shall landscape the required yards and land-
scaping areas on the premises pursuant to the following provisions.
iThe
location, size and type of each tree and shrub and the bound-
ary lines for each yard area and landscaping area are designated
on Exhibit A.
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a. Yard Areas. The minimum yard areas for the premises
shall be landscaped and planted with evergreen and deciduous
shrubs and trees in accordance with Exhibit A.
b. Landscaping Areas. The minimum landscaping areas
for the premises -shall be landscaped and planted with evergreen
and deciduous shrubs and trees in accordance with.the landscape
plan.
4. Fence. Applicant shall remove or repair the fence on
the east side of County Road 15 from the present chain link fence
to the entrance. Applicant shall remove the lumber and refuse piled
on the premises.
5. Commencement and Completion of*Planting and Land-
scaping. The applicant shall commence planting and landscaping
as required by this resolution by May 25, 1975 and the work
shall be carried on without interruption until completion.
" All planting and landscaping to be done under this resolution
for this year shall be fully completed,on or before July 1,
1975. Trees and shrubs shall be maintained in a healthy
condition and shall be accepted by the city as having met
the requirements of this resolution only after one summer
season as live and healthy plants. Thereafter, in addition
-to any other required planting and landscaping in this or sub-
sequent resolutions, the applicant shall replace all trees or
• shrubs which were previously planted pursuant to this resolu-
tion or its predecessor, if any, or which were present at the
time of the adoption of this resolution or its predecessor, if
_ any, and which have failed to sVrvive as live and healthy plants.
•
All planting and landscaping described in this resolution
shall be completed at no cost to the city. Conditt.ions unfore-
seen at the time of the execution of this resolution,or new
conditions arising during the time period of this resolution
shall be in all respects the responsibility of the applicant
who.may then prepare new.plans and specifications and submit
them -to the City Council for approval.
6. The hours of operations are limited to:
7:00 A.M. to 6:00 P.M. daily.
7. The number of docks, length of each dock, number
of boat slips water and number of boat slips land for the time
period of May 15, 1975 to December 31, 1975 are as limited by
Chapter 73 and the Lake Minnetonka Conservation District and
are shown on Exhibit A to be as follows:
66 boat slips - no more than 66 boats shall be kept on the
Wake and on the land for launching into the lake.
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• 8. The applicant may not operate any part of his
business (including but not limited to the parking of cars
and storage of boats) on the county right of way, except
that upon agreement of the county and city, the right of way
may be used for the planting of vegetation.
9. The following fees shall be paid to the city under
the following schedule, to reimburse the city for expenses incurred
in processing the initial application, annual renewals and in con-
ducting the annual inspection. License fees shall not be prorated.
The fee for each license shall be a base fee plus a fee for
each water or land boat slip requested in the application as
determined by the council or its agents. Such fees shall be
computed and applicant shall pay the fees as follows:
Initial application fee . . . a minimum of $125.00 $ 125.00
Annual renewal fee a minimum of $ 75.00
Each boat slip on the water %�? 1.50 99.00
Each boat slip on land . . . . . . . . . 1.00
Total due at time of acceptance of license. . . . $ 224.00
C. This resolution formally sets forth the findings
made by the City Council at its meeting of May 13, 1975.
• The foregoing resolution was introduced by Council -
member and was duly seconded by Councilmember
The following voted in favor of the resolution:
The following voted against the resolution:
Abstaining:
Whereupon the resolution was adopted this 13th day of May,
1975.
Robert L. Searles, Mayor
Atte t:
Walter R. Be son,
Clerk -Administrator
• Appfoved as to form:
City Attorney
W
The license for the time period of May 15, 1975 to December 31,
1975 is accepted by the applicant subject to the terms and con-
ditions as set forth in the above resolution.
Date:
is
Applicant
ORONO COUNCIL MEETING OF MAY 13, 1975
;.4 Butler moved, Welsh seconded, to approve
the Windward Marine license and directed
=•� staff to review requirements with them
��. and issue license upon their acceptance
of all requirements contained therein.
Butler moved, Welsh seconded, to adopt
Resolution #606, A Resolutign Directing
Staff To Issue A License To Windward
-� Marine For A Commercial Boat Dock
Business For The Time Period From May 15,
1975 To December 31, 1975 For The Purposes
As Set Forth Herein And Subject To The
Conditions Set Forth Herein. Motion,
Ayes (4) - Nays (0) .
Butler moved, Welsh seconded, to approve
the Minnetonka Boat Works license and
directed staff to review requirements with
them and issue license upon their accept-
ance of all requirements contained therein.
Butler moved, Welsh seconded, to adopt
v Resolution #607, A Resolution Directing
Staff To Issue A License To Minnetonka
Boat Works, Inc. For A Commercial Boat
Dock Business For The Time Period From
` May 15, 1975 To December 31, 1975 For
The Purposes As Set Forth Herein And Subject
To The Conditions Set Forth Herein. Motion,
Ayes (4) - Nays (0) .
At this time, the staff has not been able
to analyze fully the plans for North Star
and North Shore Marinas. It was therefore
recommended that they be placed on the
Council agenda for license renewal May 27,
1975
Page 10
RESOLUTION #606
Windward Marine
RESOLUTION #607
Minnetonka Boat Works
NORTH STAR & NORTH SHORE
MARINAS
Paurus moved, Butler seconded, to vacate VACATE LAKE ACCESS
existing lake access adjacent to Mr. Tom 3775 Bayside Road
Betz, 3775 Bayside Road, subject to:
v 1) City Attorneys review and acceptance
of all legal papers, Quit Claim Deeds,
and surveys needed to complete vacation
and transfer of title to new access to
Orono. 2) City Engineer's review and
acceptance of same conditioned on
maintenance or other costs of transfers
not being borne by the City of Orono.
' Motion, Ayes (4) - Nays (0).
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