HomeMy WebLinkAboutResolution 1291 , • ..
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�� ` Cit� of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 1291
� A RESOL�TION Z'U DE1VY THE 19E0 CON3MERC3AL
• • • DOCK LICENSE APPLICATION OF N�RTH STAR MARINA
WHEREAS , the City of Orono is a municipal corporation c�rganized
and existing under the laws of the State of Minnesota and has the authority
and responsibility under Minnesota Statut2s, State Statute 412, et. seq.
and State Statute 462 , et. seq. to protect the health, safety and general
welfare of the citizens of �he �ity of Orono and other members af the public
within the City of Orono, and
WHEREAS , within the City of Orono there exist several commercial
marinas engaged in the business of renting slips and mooring spaces on
public waters, and
WHEREAS, the City of Orono has determined that such commercial
activity on public waters �ai�thin -the City of Orono and on �the larid within
the City of Orono is sub;ect to the regula�tions of the City of Oro�o,
including compliance with all th� annual licensing requirements of Chapter
73 of the Municipal Code; and
WHEREAS, N�r-th Star Marina, Inc. has made partial application for
• a 1980 Commercial Dock License from the City, which applicatian is not in
compliance with the regulatios�s �f the City, and which application has not
t�een revised from that mad� in 1979 despite City denial of the 1979 license
based u�on the same deficiencie� contained herein,
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of Orono, after years of extensive review of the impact of the commercial
marina op�rations on the citizens of the City of Orono and other members
of the public within the Ci�y of Orono, hereby reaffirms the following
findings of fact ccncerning commercial marinas locatec� within the City of
Orono and located on Lake DZinretonka, which findings pertain directly to
this �ppli.c�nt and its business operation in the City:
�1 . Minnesota Stati.ates , State Statute 412, et. seq. and State
Statute 462 , et. seq. grant to the City of Orono the authority and
responsibility to regul.ate the on-land activities of commercial marinas
within the City of Orono, any dock strucgures attached to land located
within the City of Orono, and any and al1 other activities which take
place within the prima.ry harbor limits of the City of_ Orono, which
activities may adversely aff.ect the health, safety and general welfare
of the citizens of the City of Orono and other members of the puk�lic
within the City of Orono.
2. The primary harbor limit of the City of. Orono is 300 ft.
• lake�aard from the o?-dinary high water mark af Lake Minnetonka.
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� Clt� of ORONO
RESOLUTION OF THE CITY COUNCIL
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NO. 1291
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. Because of the geographical location of tt�e marinas
and �heir proximity to heavy populationa and the ac�ess to marina�
by county and city roads , and the general use of the bays of Lake
Minnetonka for recreation by �aay of swimming, boating, fishin.g an�d
water sports by the citizens of Orono, the city regu�.ates both the
on-land activities of marin�s �nc� the extensions of docks and mooring
areas into Lake Minnetonka in �he interest of public order and t�
protect the life, safety ar�d. w�lfa�e of the community. T'h� City
th�ough its regulations is nmt licensing boats but is only licensing
�he raarinas to the ext�rbt the ma�ina operations affect the general
public and the adjacent properties within the City of Orono.
4, The �ity sTzares conc�rrent jurisdiction over the
primary harbor liffiit of the City of Orono with the LMCD and the
State nf Minnesota.
5. Th� LM�D and the City of Orono have determined that
�ocks 3nd mooring im excess of 200 feet from the brdinary high
water mark of property along Lake Minnetonka is an unrea�onable
extension of riparian rights into the navigatianal channe�_s and
body of I.ake 2�iinnetonka.
6. The establ�.s&�snent caf a dock and mooring lxne neifiher
c�eates nor destroys the li..ffiited r�gkits of the marinas but ffierely
regulates and limits the ex�rcise of whatever riparian rights t�e
r��arinas may have.
7 . Absent such regul�tions, who would fix and adjust the
proper compromise nf the obviously conflicting interests of the use
of Lake Minrietonka. Qnly the agencies of the State of Minnesota
and the political subdivisions thereof in e�ercise of the legislative
law makirag and police power can prescrabe �the rules by which these
"pu�lic T�ighways" df. the lake �re regulatedv
8. The regulat�on 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 insure to all equal enjoyment
of the ptxblic rights and �o suppress the clashing of public and
Private ir_terests and resulting public disorder.
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9 . In many ways the development and man�gement of marinas
within the City of Orono are peculiarly subject to the local
regulations of the �ity.
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l Cit� of ORONO
RESOLUTION OF THE CITY COUNCIL
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NO. 1291
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10. The regulations of the DNR, LMCD and the C�ty of
Orono regulate the property rights of the riparian c�wners both
as to single family residential owners and the co�ercial marina
owners , to the extent prohibiting any interference with the public
waters adjoining that p�-operty. The I.MCD, DNR and City of Orono
must fulfill their trusteeship over the public waters by protecting
against interference by anyone, including tfiose who assert the
commonlaw rights of riparian owners , whether or not they be commercial
marinas or single family residential awners .
11. 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 exclus�ve privileges over Iake
Minnetonka, The only additional private right �hat the marina or
any riparian owner may have over the public generally is to construct
. one dock to the navigable depth of the pubiic waters. There can be
no dispute but that the public generally and each riparian owner to
�ake Minnetonka has the �ight to u�e the entire surface area of Lake
Minnetonka for all suitable pu�poses in comm�n with all other rigarian
owners . This right is a right not only to the members of the public
but the right to each r�.parian owner. This mutua�. right of enjoyment
which is shared by riparian owners and the public generally includes
the recreational benefits af the lake �uch as boating and fishing
therein; the riparian marina has no exclusive privileges to these
righ�s .
12. As the population has increased around Lake Minnetonka,
and in the �ain City Area generally, it is clear that more and more
people have used the lake for sailing, rowing, fishing, boating, bathing,
�kating, and other public purposes which carcnot be now fully enumerated
or even anticipated.
13. Lake Minnetonka 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 insure thexe is no abuse of the li_mited riparian
rights . '
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__:. � Clt� of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 1291
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14 . The marina as a conunercial 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 suituble 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 al1
riparians and members of the public generally.
15. It is a well known fact that marinas irl the past have
indiscriminately eYtended their docks far bey�nd the point of navigability
into Lake Minnetonka in such a way as to greatly reduce and destroy the
environmental resource of Lake Minnetonka. These excessive lakeward
encroachments directly downgrade the water a,uality, the navigability of
the lake, the desirable habitat for various wildlife species which include
water fowl and fish. These excessive lakeward encroachments have limited
the enjoyment of and use of Lake Minnetonka by other ripa�ian owners and
• members of the public. Specifically the marinas extension of docks and
mooring areas beyond the 200 foat line obstructs naviga�ion and use of
the g�ublic waters.
16. 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 op�rations and contemplated operations far exceed a reasonable use
of their limited riparian right.
17 . The most general public use of water is paramount and
should take priority over the excessive riparian use for commercial
purposes of the lake by the marinas.
18. The marinas nave separated anc� 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 af Lake Minnetonka by use of the public access
points alang Lake Minnetonka. Such commer.cial 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.
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� Cit� of ORONO
RESOLUTION OF THE CITY COUNCIL
� NO. 1291
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19. The character of the change of the use of Lake Minnetonka
by the m�rinas throtzgh the years is one that has affec�.ed adversely the
general public. These changes are manifestly detrimental to the rights
peculiar to the general public . The extent to which the public could
atherwise enjoy the publi�. waters of Lake Minnetonka has beeri changed
and detrimentally affected by the expansion of the marinas throucth �he years .
20. The marinas have failed to show that their excessive use
of Lake Minnetonka is in any way reasonable.
21. When the rights of. other riparian owners and the rights
of the public generally ar� c.ontrasted with the marinas comrtercial and
excessive use of their limited riparian rights, in order to maxirliza
their economic return from harboring additior.al boats both on and off
the public waters of La;ce Minnetonka, the marina' s excessive use of the
lake mus-t be curtailed.
22. The above findings of fact relate not only to the extQnsion
• of docics �nd mooring areas into Lake Minneto�}�a but alsa relate to the
�;redging of public waters which dredging has proven time after time to be
�: detriment to the public, present or future users of the public waters.
23. All of the c�ommercial marinas are located adjacent to
properti�s which are residentially zoned and/or resider�itially used or are
in fact surrounded by residentially zoned and used properties.
24 . A11 of the comsnercial marinas began as and have historically
operated as small fishing ports and bait shops serving the general boating
public with boat rental, fuel, ba.it and boat servicing.
25. Over the past fifteen years, �he scope of com.mercial marina
operations has radically changed tc� the current emphasis upon sho��raom
sales ot expensive watercraft and accessories and the proliferation of
slig� a.nd mooring rental for the exclusive storage of �aatercraft on public
waters by a limited. number of private individuals.
26. Over the past fifteen years, the rent�l of boats to the
general public, the launching and servicing of boats awned by the general
public anc� the sa.le of bait and fuel to the general public have been
reduced, elim.inated or made difficult and expensive to the point of
discouraging acc�ss f�.r the qeneral public in favor of catering to the
few baat purchasers and slip and mooring renters.
27 . The new emphasis upon slip and mooring r�ntal has been
• accompanied by expansion af the number, size and extent of dock f.acilities
�:�nd off-shore buoys over and upon large areas of the public waters thereby
creating a public harm k�y excluding general boating and the general public
from those waters.
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l Cit� of ORONO
RESOLUTION OF THE CITY COUNCIL
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NO. 1291
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28, The expansion of the coiranercial dockage facilities by
eammer��.al marinas has direct�y ax�,cl adve�s�ly affected the lakeward
access �or adjoinirag residential properties . That expansion has also
resulted in conges�ecl dacica�e and off-shore buay� facilit�es which
have created a vzs�.�l UligTt�t upon certa�n areas of Lake Minnetonka.
29. The ne�a emphasis upon Jhowr�om sales has been accampani�d
by i�n�nse increase� in the �uurca..�er �f w�atercraft, trailers , and parts
stored on land as par� af Lnventory �or sale wi�h the acca�apanying
on-land zoning pro�J_�ms. `I`�zdse functions could be �et�er handled in
the normal commercial �on�s of tihe City of Oron� �caithou� adversely
af2ecting the a�portant environruental resouree belonging, �o the publs.�
genera111, The genera�. expansiorx of comrnercial marina operations
along the shore of Lake Minne�tonka has been accompanied by t�e excessive
removal of trees and n3tural vegetatior� tJ alloia for i?-�creased storage
areas, parking ar�d Uui�di�ngs , �hereby creating a publ.3c harm by
. increasing surface �aate� r�off anci poll�tion hazards , Flooding of
neighboring properties , silt���on into the lake arrd a general d�crease
of the water qua�.ity of Lak� P�Iinnetorka.
30. The general expansian of comQnercial �r�arina ope�ations
along the lake and th� oper�t��n o� �hose f�cilities from da�m to dusk
and later, seven days a w�ek, crQa�es �ontinuous noise, li.tter, dust,
garbage, traffic congestion �nd narka�.g problems for th� adjo�ni�ag
neighborhoo�s. These marina �acili�ie� and the activitie� .�ttendent
the�-e�o have become visual bl�bhts in re�irlentb�l are�s , general
public nuisa�ce� and a cons�a�c�.t so3.�rce of numeraus c�m�lair�ts by
adjoining landowners.
31. The lease or renta�. �g �s�c�Cage on public waters or
space �upon land for sumFner se�sc�n. stor�ge of boats for private
individu3ls is not a permitted or � conditzonal use authorized in
any zoning district within which the cozrmer�ial raarinas are located.
32. The rental to priiJate indzviduals cf dockage is �herefore
and has always been an illegal us� of property by the coriunerc�al
marinas and at best can only be considered to be a legal nonconforming
use. The City Coixncil_, recognizing the �am�non practice of dockage
. rental in the past, has i�sued Zicenses �or a r�asonable number of
nonconfornting sl�.�s subject t� reasonab�e performar�ce standards
established by Chap�er 73 of the M��.nicipal Code.
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` Clt� of ORONO
RESOLUTION OF THE CITY COUNCIL
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NO. 1291
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33. As a condition to the issuance of the 1975 coz�unercial
marina licenses, each comffiercial marina operator agreed with the City
in writing to an Operations Agreement outlining a three-year phase�l
improvement program established to replac� natural vegetation previously
removed, to provide for adequa te storm water runoff contxols, to
provide for open space and vegetation buffers between the marina
properties and adjoining residen taal properties, to provide for
adequate parking and traffic controZ and to provide for reasonable �
performance standards relating to the nonconforming placement and
use of docks and mooring spaces upon the public waters.
34. 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 co�nercial marina �ites, to correct for the
pubZic harm caused by such abuses and to prevent future abuse of the
• land or the public waters.
35. All. of the requirements of Chapter 73 of the Orono
Municipal Code regulating commercial marina operations, Statute
35.100 0�' the Orono Zoning Code regulating the use of lakeshore
business distric� 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 regulatior�s
for con��rcial marinas and the State af,Minnesota, Department of
Natural Resources ° regulations for protection of public waters.
36. None of the commercial marinas have fully complied with
the 1975 Operations Agree�nent. There has been a general lack of good
faith on �he part of the marina opera��rs , who have exhibit�d disregard
for complying with the provisions of the 1975 Operat�ons Agreement
and disregard for the �egitimate conc�ms o� t'neir residential neighbors
and the pub�ic at large.
AND, BE IT FTJRTHER RESOLVED, that based upon the above general
studies and findings; based upon the lack of compliance by the applicant
with reasonable ordinance or license requirements in past years; and based
upon a thorough review of the sub�ect 1980 license application, the City
. Council of the City of Orono hereby denies the January 7 , 1980 application
for a City of Orono Commercial Dock License from North Star Marina, Inc.
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l Cit� of ORONO
RESOLUTION OF THE CITY COUNCIL
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NO. 1291
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The City Council specifically notes the followinc� areas of
continuing non-compliance �hich individually ar.e cau�e for license denial
and which in the opinion of the City are correctaY�le conditions which
could be brought into full compliance caith Chapter 73 if the applicant
so desi.red:
1. The 1980 Comm�.rcial Dock License application is incornplete
and does not contain a plan of the dockage arrangement Lo be used in
1980. The appli�ant has been given numerous notices of this incomplete
status and has failPd to supply the plan as required by Chapte:c 73 .
2. The 1379 license application of North Star Marina included
a dockage plan (a 6-12�-78 survey by Gnrdon R. Coffin) showing piers and
docks extending 345 f�, into Lake r�innetonka, 145 ft. farther than permitted
by LMCD or City Ordinances, and also showing dockage ex-tending into required
side set�ack areas established by LriCD and City Ordinance to protect the
riparian rights of abutting residential prop�rties.
3. North Star Marina has shown no intention to eliminat� the
• <�;;,ve �or�--campliance and continues to operate the docks in place as
�ndicated on the 1979 plan (1978 survey) .
4 . The length of dockage is measured fram the normal high water
mark of Lak.e Minneton�ka, elevation 929. 4 MSL, as established by the
Ordinances of the City and the LMCD. In addition, North Star Marina has
g�hysically defined the iocation of the shoreline by riprapping installed �
under permit in 1978 .
5 . The 1980 Iicense applicatian of North Star Marina indicates
a water depth of 4Z ft. at 200 ft. from the shor.eline and a water depth
of only 4 ft. at 300 ft. from tr.e shoreline. Clearly, a dockage extensi.on
of 200 ft. , i.n compliance with the City and LMCD Ordinances, is as navigable
or more navigable than the existing non-complying 300 ft. extension.
6 . N�rth Star Marina continues in 1�80 to uae and to request
commercial licensing for t�lree company boats on Crystal Bay even though
the Crystal Bay property is residentially zoned, �these slips have not
been licenser� by the City in the past, and even though North Sta.r Marina
contends that this commercial use was phased out in past years.
7. The docks in place at North Star Marina are seasonal in
natiare and are not pil_e driTaen. They could easily be rearranged to comply
with all ordinance i:eauirem�nts.
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` Cit� of ORONO
RESOLUTION OF THE CITY COUNCIL
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NO. 1291
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8. The original value of the inplace dacks had five years
of LMCD grace-period in which to be amortized, and an a�lditional five
years of non-compliance since the end of the amortizati_on period.
9 . North Star Marina has not complied with the provisi�ns of
Resolution No. 970 issuing a 1978 license for those docks that did comply
with the 200 ft. length and s?de setback requirements.
10. No-rth Star Marin� was denied a City license in 1979 and
was denied an LMCD license in 1979 �ased upon continuing vio?ations of
dock length and side setback requi.rernents, and therefore has operated
since Decem�er, �978 in violation of Section 3. 08 of LMCD OrdinancP
No. 1 wYiich requires an annual license f�r any dock in excess of 100 ft.
from the shoreline.
11. North Star Marina continues ta ogerate in violation Qf
City zoning standards (35 . 145) and licensing requirem�nts (73. C60) that
specify a 10 ft. yard space between any marina functiori and neighboring
• -residential property. Boat trailers, equipment supplies, lifts and debris
continue to crowd both sides and the front street sicle of the prop�rty
and the Ci-ty has on file complaints from tl�e abutting neighbors �bout
physical damage to their property .from these practices.
12. The landscaping and screening required to b� installed r�y
the 1975 Operations AgreemenL has not been completed. The installation
of access control bumpers �ras accomplished by Hennepin County after ample
oppo-rtunity for the marina to install landscaping per approved plan.
Denial of this year' s license does not relieve North Star Marina fr.om
responsibility for completion af -tYle front yard and side yard lan�scaping
requzrements as previously agre�d to by the Marina.
13. Any docks or marina operation in violation of the
Ordinances of the City or the LMCD are contrary to the adopted compr_ehensive
plan and policies of the City as summarized in this Resolution.
The above findings are serious violations of the City ' s
compreherzsive plans and ordinances , which viol�.tions limit the public ' s
use ar:d enjoyment of Lake Minnetonka and which violations adversely
affect the abutting residential properties . Nothing in this Resolution
shall be int�n�led to limit the scope of the City ' s right to enforce all
applicable provisions of the Orono Municipal Code , no�a or at any time in
the future, whetYie.r o.r not such provision is listed above. The use of
Lake Minnetonka �nd 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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` Cit� of ORONO
RESOLUTION OF THE CITY COUNCIL
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NO. 1291
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Notwithstanding the above, the City Council further requests
that North Star i�larina, Tnc. , submit a revised 1980 Commercial Dock License
Application addressing the specific items of non-compliance noted above.
Said revised applic�tion wi11 be reconsidered by the City Council without
the normal requirement for a new application fee, if North Star Marina, Inc. ,
shows a good faith effort toward compliance with the regulations of the
City, the LMCD, and the DNR.
North Star Marina, Inc. , should be prepared to resubmit the
1980 application and to prepare and submit a 1981 license application
befor2 January 1, 1981, in order to ensure prompt review by the City.
Adopted by t City Council of the City of Orono at the?r meeting
on the �� day of , 1981.
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���a �/ , _
Mary C. �i� ler, Acting Mayor
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ATTEST:
C%l�
Sandra Woytcke , Depu�y City Clerk
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