HomeMy WebLinkAboutResolution 812~ RESOLUTION NO. ,c_8°*i
• A RESOLUTICN DIRECTING STAFF TO ISSUE
A LICENSE TO NORTH SHORE UNION 76
FOR A CCt44ERCIAL BOAT DOCK BUSINESS
FOR THE TIME PERIOD FROM JANUARY 1,
19779 TO DECEMBER 31, 1977, FOR THE
PURPOSES AS SET FORTH HEREIN AND SUBJECT
TO THE CICINDITIONS 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 runoff, 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 runoff and in some
cases to decrease the present level of the above items in the area for the proposed
premises, and
WHEREAS, the Council has adopted certain performance standards and
factors to be considered in granting or denying license applications which are
set forth in Chapter 73 of the Municipal Code, and.
WHEREAS, it is unlawful for any person to operate a commercial boat dock
business or be engaged in the 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 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 applicant has filed an application seeking a license for
19773, 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
W EREAS, as a condition precedent to the granting of any license pur-
suant to Chapter 73 of the Orono N micipal Code, the applicant shall enter into
an Operations Agreerrent 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 and the applicant entered into an Operations
Agreement in 1975 specifying the extent of work expected to be accomplished to
meet the intent of Chapter 73, and
WHEREAS, the Council has worked with the applicant and licensed his
operation during the 1975 and 1976 seasons thereby allowing the applicant addi-
tional time to meet all the requirements of Chapter 73, and
VEEREAS, the applicant still has not met all the requirements of
Chapter 73, but the Council desires to work with the applicant to grant him a
license for the time period of January 1, 1977, to December 31, 1977, subject to
certain conditions hereinafter set forth, so that the applicant will have an
opportunity without the interruption of his business to prepare and present
additional plans showing full compliance with Chapter 73 by November 15, 1977.
- WHEREAS,"the applicant has not entered into an Operations Agreement for
1977, and
INHEREAS, the applicant understands fully that any license granted pur-
suant to Chapter 73 and this resolution shall rum 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 complete all requirement of Chapter 73 prior to November 15, 1977,
or will on or before November 15, 1977, present plans and post a bond as required
by 73.060(4)c guaranteeing completion of all requirements by July 1, 1978,
NOW, 11-EREFORE, the City Council grants a license under Chapter 73 to
the applicant for the time period from January 1, 1977, to December 31, 1977, sub-
ject 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 ubom a license has been granted under this resolution
may have a vested right to such a license or to a renewal thereof.
3. Because the application and plans as submitted by the applicant
do 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 1978 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.
S. Nothing in this resolution shall supersede 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 January 1, 1977,
to December 312 1977. The provisions of this resolution shall not supersede
any ordinance of the City or other competent regulations which are more restric-
tive 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.
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 exits, foot ramps, signs, off-street parking, gas tanks, storage
areas and structures 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 with the exception of the dock length as authorized by
Permit 3497 to be extended to 130 feet.
2. Parking.
Since application is only for the sale of gas at the dock, to sell bait and
tackle at,the gas station, and to perform minor repair services on boats while parked
temporarily at dock, and whereas applicant acknowledges that he is not asking for a
license to store boats at the dock or on his premises, or to service boats at the gas
station, or to buy, sell or rent boats and motors, or to launch or remove boats from
the lake, now therefore the license is granted only for sale of gas and minor repairs
to boats. This applicant has provided for sufficient parking spaces.
3. Landscape Plan.
•The operator shall landscape the required yards and landscaping areas on
the premises pursuant to the following provisions. The location, size and type of
each tree and shrub and the boundary lines for each yard area and landscaping area
are designated on Exhibit A.
a. Yard Areas. The minimum yard areas for the premises shall be land-
scaped 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. Not applicable.
S. Completion of Planting and Landscaping. All planting and landscaping
to be done under this resolution shall be fully completed on or before July 1, 1978.
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 subsequent 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 survive as
live and healthy plants.
All planting and landscaping described in this resolution shall be com-
pleted at no cost to the City. Conditions unforeseen at the time of the execution
of this resolution or new conditions arising during the time period of this resolu-
tion 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 operation are limited to: 6:00 a.m. - 10:00 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 January 1, 1977, to December
312 1977, are as limited by Chapter 73 and the Lake Minnetonka Conservation District
and are shown on Exhibit A to be as follows:
1 dock of 130 feet in length to be used only for sale of gas and not for storage or
commercial mooring, except three slips may be used for temporary storage of boats
while being serviced by Arthur Gunderson.
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 conducting 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:
Annual renewal fee . . . . . . . . $75.00
• Each boat slip on the water . . . . 3 slips $1.50 4.50
Each boat slip on land . . . . . . 0 slips 1.00 -
Total due at time of issuance of license . . . . . . . $79.50
C. This resolution was introduced by Councilmember Paurus
and was duly seconded by Councilmember Butler e ollowing vote
• in favor of the resolution:
Acting mayor Butler, Councilmembers Paurus and Pesek
The following voted against the resolution:
None
Abstaining: None
Whereupon the resolution was adopted this 8th day of August, 1977.
r1ay C_ Butler, Acting Mayor
William B. Van Nest, Mayor
Attest:
Val -ter R. on, Clerk -Administrator
• Approved as to form:
City Attorney
The license for the time period of January 1, 1977, to December 31, 1977, is accepted
by the applicant subject to the terms and conditions as set forth in the above
resolution.
Date:
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