HomeMy WebLinkAboutResolution 1200 ,
•
Clt� o� ORONO
RESOLUTION OF THE CITY COUNCIL
• NO. �x'�,��,
� � • • A RESOLUTION DIRECTING STAFF TO
ISSUE A COMMERCIAL DOCK LICENSE
TO SAILOR' S WORLD AT PAUL'S LANDING
SUBJECT TO CONDITIONS NOTED HEREIN
FOR THE PERIOD OF JANUARY 1, 1980 TO DECEMBER 31, 1980
WHEREAS , the City of Orono, hereinafter "City" , is a
municipal corporation organized and existing under the laws of the
State of Minnesota and has the authority arid responsibility under
Minnesota Statutes, State Statute 412, et. seq. and State Statute
462 , et. seq. to protect the health, safety and general welfare of "
the citizens of the City and other members of the public within the
City; and
WHEREAS , within the City there exist several commercial
marinas , hereinafter "marinas" engaged in business activities including
but not limited to the following:
1. The sale of new and/or used boats, boating equipment,
boat accessories and recreation equipment.
� 2 . The storage, sale, rental, lease, repairing and/or
servicing of boats and boat equipment.
3 . The sale of gasoline, bait and fishing supplies.
4 . The construction and maintenance of docks, boat
lifts and buoys on the public waters for purposes of
operating the above noted business activities and for
, rental or lease of such space to a limited number of
the general public for storage of individually owned
boats.
AND WHEREAS, the City Council has determined that if
unregulated, such commercial activity on or near the public waters
and on the land within the City may be detrimental to t�e public
health, safety and general welfare and is therefore subject to
reasonable regulations by the City; and
WHEREAS , it is the overriding concern of the City to
eliminate the unique problems presented by increasing boat density,
hardcover, traffic density, storm water runoff and noise or other
public nuisances in the area of the various marinas; and
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� �� i o� ORONO
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C t�
RESOLUTION OF THE CITY COUNCiL
• NO. �,.,-2�C%
• - • •
WHEREAS, because of the geographical location of the
marinas and their proximity to heavy population, and the access to
marinas by county and city roads, and the general use of the bays
of Lake Minnetonka for recreation by way of swimming, boating,
fishing and water sports by the citizens of Orono, the City regulates
both the on-land activities of marinas and the extensions of docks
and mooring areas into Lake Minnetonka in the interest of p�blic order
and to protect the life, safety and welfare of the community. The
City through its regulations is not licensing boats but is only licensing
the marinas to the extent the marina operations affect the general public
and the adjacent properties within the City of Orono; and
WHEREAS, the City shares concurrent jurisdiction over the
primary harbor limit of the City of Orono with the Lake Minnetonka
Conservation District and the Department of Natural Resources of the
State of Minnesota; and
WHEREAS, the regulation of the navigable waters involves an
• exercise of police power of the State, LMCD and the City of Orono, all
of which have adopted rules to ensure to all equal enjoyment of the
public rights and to suppress the clashing of public and private interests
and resulting public disorder; and •
WHEREAS , the regulations of the DNR, LMCD and the City of
Orono regulate the property rights of the riparian owners both as to
single family residential owners and the commercial marina owners , to
the extent prohibiting any interference with the public waters adjoining
that property. The LMCD, DNR and the City of Orono must fulfill their
trusteeship over the public waters by protecting against interference
by anyone, including those who assert the commonlaw rights of riparian
owners, whether or not they be commercial marinas or single family
residential owners; and
WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment '
exists between and is shared by riparian owners and the public generally.
The marinas have no exclusive privileges over Lake Minnetonka. The
only additional private right that the marina or any riparian owner may
have over the public generally is to construct one dock to the navigable
depth of the public waters. There can be no dispute but that the public
generally and each riparian owner to Lake Minnetonka has the right to use
the entire surface area of Lake Minnetonka for all suitable purposes in
common with all other riparian owners. This right is a right not only to
the members of the public but the right to each riparian owner. This
• mutual right of enjoyment which is shared by riparian owners and the
public generally includes the recreational benefits of the Lake such as
boating and fishing therein; the riparian marina has no exclusive
privileges to these rights; and
� PAG E_�O F� ,
Cit� o� ORONO
� RESOLUTION OF THE CITY COUNCIL
� NO. /,.�G�"
• - • •
WHEREAS, as the population has increased around Lake
Minnetonka, and in the Twin City Area generally, it is clear that
more and more people have used the Lake for sailing, rowing, fishing,
boating, bathing, skating, and other public purposes which cannot
be now fully enumerated or even anticipated; and
WHEREAS, Lake D�innetonka is capable of substantial beneficial
public use only as long as all riparian users of the Lake are regulated
in such a way as to ensure there is no abuse of the limited riparian
rights; and
WHEREAS, the marina as a commercial riparian owner only has
limited riparian rights incident to the ownership of real estate
bordering upon Lake Minnetonka. The marina operator has a limited
right to build and maintain one suitable landing or dock, on and in
front of his land, and to extend the same therefrom into Lake Minnetonka
to a point of navigability; but, under no circumstances may he encroach
� into Lake Minnetonka to a point where he impairs the water' s navigability
for other public purposes or where he unreasonably interferes with the
surface water rights of all riparians and members of the public generally;
and
WHEREAS, it is fundamental that a riparian owner' s rights are
measured by the necessities and character of his use. The marinas,
for private commercial gain wish to temporarily and, in fact, permanently
alter the use of the surface water in Lake Minnetonka. Certain sections
of the lake, once a source of excellent fishing, have been converted and,
in fact, in the future will continue to be converted, into a commercial
enterprise all to the detriment of other riparian owners and the public.
The marinas present operations and contemplated operations far exceed
a reasonable use of their limited riparian rights; and
WHEREAS, the most general public use of the water is paramount
and should take priority over excessive riparian use for commercial
purposes of the lake by the marinas; and
WHEREAS, the marinas have separated and disassociated from
the normal riparian rights in many sections of the public waters on
Lake Minnetonka by having extended their docks out into Lake Minnetonka
beyond the point of navigability and have transferred those rights. to
others who do not have riparian rights and who are not members of the
general public who obtain access and use of Lake Minnetonka by use of
the public access points along Lake Minnetonka. Such commercial transfers
• of the riparian rights of Lake Minnetonka have resulted in an abuse of _
reasonable riparian access to Lake Minnetonka. Such abuses must be
qualified, restricted and subordinated to the paramount rights of the
public to the public waters of Lake Minnetonka; and
• PAG E�_O F�_ ,
•
�- c�t� o� oRONo
RESOLUTION OF THE CITY COUNCIL
• No. /�C�G�
• - • •
WHEREAS, as a condition to the issuance of the 1975 commercial
marina licenses, each commercial marina operator agreed with the City
in writing to an Operations Agreement outlining a three-year phased
improvement program established to replace natural vegetation previously
removed, to provide for adequate storm water runoff controls, to provide
for open space and vegetation buffers between the marina properties and
adjoining residential properties, to provide for adequate parking and
traffic control and to provide for reasonable performance standards
relating to the non-conforming placement and use of docks and mooring
spaces upon the public waters; and
WHEREAS, all of the requirements of the 1975 Operations
Agreement are reasonable exercises of the normal police powers of the
City of Orono intended to correct the previous abuses and overuses of
public waters and the congested commercial marina sites , to correct
for the public harm caused by such abuses and to prevent future abuse
of the land or the public waters; and
• WHEREAS, all of the requirements of Chapter 73 of the Orono
Municipal Code regulating commercial marina operations, Section 35. 100
of the Orono Zoning Code regulating the use of lakeshore business
district property and the 1975 Operations Agreement are in full
conformity with the applicable regulations and intents and purpose
of the Lake Minnetonka Conservation District' s regulations for commercial
marinas and the State of Minnesota, Department of Natural Resources '
regulations for protection of public waters; and
WHEREAS, the purpose of this Resolution is to set forth the
above noted general conditions and concerns and the following special
conditions as they relate to an application for an annual Commercial
Dock License described on Exhibit A attached,
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the
City of Orono hereby directs th� staff to issue a Commercial Dock License
according to the facts and conditions noted on Exhibit A attached.
Adopted by the City Council of the City of Orono at t eir m eti g on
the �_ day of �. - i , ���L% . �
; ,� �
/�
illiam . Van Nest, ayo
ATTEST:
• � ' /
�
Walter Benson, City Administrator
• PAG E�_O F�_ ►
. � �
CITY OF ORONO
� EXHIBIT A
RESOLUTION N0. �(�
CONDITIONS OF ISSUANCE FOR ANNUAL COMMERCIAL DOCK LICENSE
I. LICENSEE _ Sailor' s World at Paul ' s Landinct
Address 1955 Shoreline Drive
Period January 1, 19�Q_ to December 31, 19gQ_
II. BOAT DENSITY
The number of in-place boat slips, lifts and buoys shall not exceed the
number shown on the attached plan, Exhibit B, and in accord.ance with
Resolution 938 , in no case shall the nuinber of authorized boat slips,
lifts, buoys, or dry stack slips exceed the number permitted �in the
prior year's license.
Authorized Summer Density per attached plan:
�
Bay Smiths
Transient Slips �
Rental Slips aR
Company Slips 2
Sub-Total: Slips at Dqcks 50
Off-Shore Buoys � 20
Maxiunum Boats in Water 70 �p
Dry stacked slip for use in lake (41 fishing/canoe & 45
Maximum Boats in water per prior license 4 Pontoon) 115
Other Boats (for sale/service, etc. ) 15
MAXIMLTM BOAT DENSITY ON LAND AND/OR IN WATER 130
Exceeding this maximum boat density, or exceeding the number of permitted
slips, lifts or buoys is a violation of this license subject to revocation
and/or prosecution for violation of Section 73. 010 of the Orono Nlu.nicipal
• Code.
Authorized Number of Winter Stored Boats �_
. - � ' .
Exhibit A
Resolution No. %���
� Page 2
III. DOCK LAYOUT (reference Exhibit B attached)
Maximum authorized length of main dock 170 feet.
Docks extending beyond 200 ft. and docks encroaching into required
side yard setbacks are hereby specifically declared to be illegal
non-conforming structures which are not permitted under this license.
All such violations are subject to prosecution under Sections 35.100
and 73. 010 of the Orono Municipal Code.
IV. Marina is not authorized for direct FUEL SALES.
V. Required number of OFF-STREET PARKING SPACES - 50.
All such spaces must be maintained available on the property during
all summer season hours of operation.
VI. SPECIAL CONDITIONS required for compliance with the ordinances of
the City and/or the LMCD. The issuance of this license is subject
to full compliance with these conditions. Failure to comply with
these conditions is cause for license revocation and/or prosecution
by the City.
• 1. The City of Orono hereby denys your 1980 Commercial Dock License
to the extent of denying a license to those portions of your operation
which are non-conforming as follows :
a) Those wooden ramps extending beyond the shoreline.
b) The use at any time of docks, slips, or moorings not specifically
identified and approved on Exhibit B.
c) The use at any time of docks, slips or moorings located outside
of the authorized dock use area as defined by• LMCD ordinances.
d) The use of any residentially zoned property for dockage, parking
or storage of boats, equipment, trailers, supplies or any other
commercial activity.
2. The City of Orono hereby approves your 1980 Commercial Dock
License to the following extent:
a) All slips and dockage must conform to that shown on the 1980
Dock Plan attached as Exhibit B, and must further be located
fully within the authorized dock use area prescribed by LMCD
Ordinance Section 3. 02, Subd. 2.
b) Al1 buoys shall be located as shown on Exhibit B and shall be
in conformance with all LMCD license requirements.
c) Al1 parking spaces identified on Exhibit B shall remain open
during all hours of operation. The licensee shall be responsible
• for keeping patrons from parking on the public right of way of
Shoreline Drive.
d) Sailor' s World, the licensee, shall be responsible for any and
all activities on the licensed premises including those of the
tenant, Paul ' s Landing, or any other party, and any violation of
ordinance or license requirements by the tenant shall be deemed
a violation by Sailor' s World and a violation of this license.
.
! , { , ' .
Exhibit A
Resolution No. /,�Gc�'
� Page 3
3. Issuance of this License does not vest any right in the licensee
to continued licensing of any given number of slips. The burden of
proof shall be on the licensee to show that he can place all slips
within the authorized dock use area.
VII. Nothing in this License 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.
•
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