HomeMy WebLinkAboutResolution 1263 �r'
` Cit� of ORONO
• RESOLUTION OF THE CITY COUNCIL
•
NO. 1263
� � � A RESOLUTION DIRECTING STAFF TO
ISSUE A COMMERCIAL DOCK LICENSE
TO MINNETONKA BOAT WORKS, INC.
SUBJECT TO CONDITIONS NOTED HEREIN
FOR THE PERIOD OF JANUARY l , 1981 TO DECEMBER 31, 1981
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 and 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:
l. 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 o�med
. 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 the 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
�
PAGE 1 OF Q
•
�, Cit� of ORONO
RESOLUTION OF THE CITY COUNCIL
•
NO. 1263
• � • •
�9HEREAS, 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 P4innetonka 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 public 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 riinnesota; 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 qenerally includes the recreational benefits of the Lake such as
boating and fishing therein; the riparian marina has no exclusive
privileges to these rights; and
PAGE 2 OF 4
•
` Cit� of ORONO
RESOLUTION OF THE CITY COUNCIL
�
NO. 1263
• � • •
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 PZinnetonka 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 D4innetonka 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 r�ecessities 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
PAGE 3 OF 4
•
` Cit� o� ORONO
RESOLUTION OF THE CITY COUNCIL
•
NO. 1263
• - • •
6JHEREAS, 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 storn 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 o,f 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, S�ction 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 the 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 th ir mee ing on
the 23 day of March � 1981
i
�
Wil iam B. V n est, ayor
ATTEST:
• � � � � �
Walter R. Benson, City Adm nistrator
PAGE 4 OF 4
CITY OF ORONO
. EXHIBIT A
RESOLUTION N0. 1263
CONDITIONS OF ISSUANCE FOR ANNUAL COrIlKERCIAL DOCK LICENSE
I. LICENSEE MINNETONKA BOAT WORKS, INC.
Address 1449 SHORELINE DRIVE
Period January 1, 19�,_, to December 31, 19�_
II. BOAT DENSITY .
The nvmber of in-place boat slips, lifts and buoys sha11 not exceed the
number shown on the attached p1.an, Exhibit B, and in accordance with
Resolution 938 , in no case shall the number 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:
� ' � •
gay Browns Tanager Lake
Transient Slips 1 0
Rental Slips 40 25 •
Company Slips � 0
Sub-Total: S1ips at Docks 41 25
Off-Shore Buoys � _
Maximum Boats in Water 41 25 66
Dry stacked slip for use in lake �
Maximum Boats in water per prior license 66
Other Boats (for sale/service, etc. ) 4
MAXIMUM BOAT DENSITY ON LAND AND/OR IN WATER ��
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 730010 of the Orono Municipal
• Code. �
Authorized Number of Winter Stored Boats 55
� r
EXHIBIT A �
. Resolution No. 1263
Page 2
III. DOCK LAYOUT (reference Exhibit B attached)
D�aximum authorized length of main dock 135 feet.
i
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. This application (does) (does not) contain such
illegal structures. 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 F�EL SALES subject to compliance
with the State Fire Code.
V. Required number of OFF-STREET PARKING SPACES 40 '
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. .
i
I
NONE �
• 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.
, � _
� a. a I �� �q*-_�T`_�..� ' � �
�� 1 � . . ,
� 4 � � `
1 �
. �a 1 ' _ . . .._�� �
R e c � �
• �:---, . , � � � c
�--. . .. � � �
., � �
� �� � � ��, ' � .-��- -- --- ---- �
` .�� � --°�.. •_. . . . . � � z �
r, , . o . J�
; ', _ �,'. : - . .�....—�
- - �.'�+ �, t� -- `� '�-.,-� � � ' �p\
— �. L_ ; _ . : r � ' '1 i'
� ` j .. � '�� -..- - �� ' 1'. . . .-.-. .
Q C . :' � - , . • - F` .� 1� � �� '' . . . . . . �
� ... ... �.. .. — � � i l q�'.�J . . . . _:: --- N
— t �`^ _—r � � . �}'^ . .-• — W .
;•. ��� ::t
• F v .
� . � �• � •1Q.�... - .'. � � . . . �t
. � � �� l'' . � :f
� , � .. ��� . . . � .i�•D
� . .. i: `••\
. � _ . .
. , .. . _ . _. ��,� �
� �_
. , . �.� � . . . �
` � �� °� �
+ jl . _. . ' � . ��
� n
,. .�--�- il, ' °4 �
� . �• . �,. �
V -
;. . • • . l;i � ,
� . :� � , -.�.�.� f � `I
. a . � , _ . �
� + � � _ . Z .
� , . � . � , . �
d '�; —. - _ `. _ . . -- ' , �
. . �; � �y
't• - -� �:�- t1
o ��' . ' � �. �- �7C
� .� � -- - - ' ' f�i O
:, - �
� :� �°�. : .�.� .� � �!
� . � . . . �
, :� �r �.� � , ' � '�
. :;. . . ,: �► q
. � f, . . . , �
.. �:�_, , fi
' • ``��J� �' ' /,.
• . . i - _.-� ,,,
' 1
. . � li:.� •. . � r. . � . . .�.
•