HomeMy WebLinkAboutResolution 1865 Y •
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� : ` d - Cit o� ORONO
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• � RESOLUTION OF THE CITY COUNCIL
. � NO. 1865
• - • •
RESOLDTION DIRECTING STAFF TO "
z;, ISSDE A COMMERCIAL DOCR LICENSE
�,:
TO SAILOR'S WORLD
SIIBJECT TO CONDITIONS NOTED HEREIN
FOR THE PERIOD OF JANUARY l, 1985 TO DECEMBER 31, 1985 �
.�, WHEREAS, the City of Orono, hereinafter "City" is a
municipal. corporation organized and existing under the I.aws 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
'� e including but not limited to the fol lowing:
. l. The sale of new and/or used boats, boating equipment,
� boat accessories and recreation equipment.
� 2. The storage, sale, rental , Iease, repairing and/or
servicing of boats and boat equipment.
3. The sale of gasoline, bait and fishing suppl.ies.
4. The construction and maintenance of docks, boat I.ifts
and buoys on the public waters for purposes of operating the
above noted business activities and for rental. or Iease 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 Iand 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
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Page 1 of 4
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. � :- d C�t� o� ORONO
• � RESOWTION QF THE CITY COUNCIL
. � NO. 1865
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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-
�'� Iand activites 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 Iicensing boats but is onI.y Iicensing
the marinas to the extent the marina operations affect the general
':,; public and the adjacent properties within the City of Orono; and
,;ti�
-�`;' WHEREAS, the City shares concurrent jurisdiction over the
'` primary harbor Iimit 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 navigabl.e waters invol.ves an
exercise of police power of the State, LMCD, and the City of Orono,
all of which have adopted rules to ensure to aII 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 ad-
joining that property. The LMCD, DNR and City of Orono must ful.fill
their trusteeship over the publ.ic waters by protecting against inter-
ference 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 onl.y 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 aI 1 suitable purposes in common with aII other riparian
owners. This right is a right not only to 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
Page 2 of 4
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�d W ;��,,; Clt o� ORONO
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• � =- �,�3,: .
� RESOLUTION OF THE CITY COUNCIL
, � NO. 1865
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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 Minnetonka is capable of substantial .
beneficial public use only as Iong as aII riparian users of the Lake
are regul.'ated in such a way as to ensure there is no abuse of the
:�
limited riparian rights; and
�F
;;� 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 Ianding 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 publ.ic purposes or where he
.` • unreasonably interferes with the surface water rights of aII riparians
and members of the public general.ly; 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 aI.ter the use of the surface water in Lake Minnetonka.
Certain sections of the lake, once a source of excell.ent fishing, have
been converted and, in fact, in the future will continue to be
converted, into a commercial enterprise aI 1 to the detriment of other
riparian owners and the public. The marinas present operations and
contemplated operations far exceed a reasonable use of their Iimited
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 Iake 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 resul.ted 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
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� ����X�::�}�. C�t o� ORONO
> � ;: .�;nr� k :: �
� `��`��✓T� �5� t ti;,.
� RESOWTION OF THE CITY COUNCIL
. � NO. 1865
• ' • •
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-
,�i year phased improvement program established to replace naturaI.
�i 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 p].ace-
�'' ment and use of docks and mooring spaces upon the public waters; and
:�t
;;' WHEREAS, aIl 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 Iand or the publ.ic waters; and
WHEREAS, aII. of the requirements of Section 5.42 of the
:.,, • Oorno Municipal Code regulating commercial marina operations, Section
10.41 ,,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 pur-
; pose 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 fol Iowing 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 Counci 1 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 Counci 1 of the City of Orono at their
meeting on the 7th day of October, 1985.
�
Mary °C. Bu er, ayor
� ATT �ST: C�\
V
� �%!G� . � �
Dor thy M allin, City Clerk
Page 4 of 4
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•' CITY OF ORONO
EXHIBIT A
RESOLUTION NO. 1865
CONDITIONS OF ISSUANCE FOR ANNUAL COMMERCIAL DOCK LICENSE
I. LICENSEE Sailor' s World
Address 1955 Shoreline Drive
License Period - January l, 1985 to December 31, 1985
II. BOAT DENSITY
The number of in-place boat slips, Iifts and buoys shall not exceed
the number shown on the attached plan, Exhibit B, and in accordance
with Resolution 938, in no case shall the number of authorized boat
slips, lifts, or buoys exceed the number permitted in the prior year's
Iicense.
Authorized Summer Density per attached plan:
Bay Smith's
• Transient Slips -
Rental. Slips 56
Company Slips � 7
Sub-Total: Slips at Dock 63
Of f shore Buoys 20
Maximum Boats in Water 83 =�__
Dry stacked slip for use in Iake 62
Maximum Boats in water per prior Iicense 83
Other Boats (for sale/service, etc. ) 11
156
MAXIMUM BOAT DENSITY ON I,AND AND/OR IN WATER =_____
Exceeding this maximum boat density, or exceeding the number of
permitted slips, I.ifts or buoys is a violation of this Iicense subject
to revocation and/or prosecution for violation of Section 5.42
Subdivision 2 of the Orono Municipal Code.
� Authorized Number of Winter Stored Boats 61
r �
t � �
• • Exhibit A
Resolution No. 1865
Page 2
III. DOCK LAYOUT (reference Exhibit B attached)
Maximum authorized length of main dock 200 feet.
� Docks extending beyond 200 feet and docks encroaching into
required side yard setbacks are hereby specifically declared to
� be iliegal non-conforming structures which are not permitted
under this license. The application does not contain such
illegal structures. AI1 such violations are subject to
prosecution under Sections 5.42 and 10.41 of the Orono Municipal
Code.
� IV. Marina is authorized for FUEL SALES subject to compliance with
the State Fire Code.
V. Required number of OFF-STREET PARKING SPACES See Below.
VI. SPECIAL CONDITIONS required for compliance with the ordinances
. of the City and/or the LMCD. The issuance of this Iicense is
subject to full compliance with these conditions. Failure to
' • comply with these conditions is cause for Iicense revocation
and/or prosecution by the City.
Sailor's World, the Iicensee, shall be responsible for any and
aI. I 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.
Council grants a temporary parking variance of 27 stalI.s based on
the following findings:
1. The Iicensee's contractural obligations with Paul 's
Landing will cease in 1985; Sailor's World Marina will be
required to operate at a maximum dry stacked slip, water
sl.ip and buoy use of 85 units based on the 52 available
parking stalls.
2. The Iicensee has completed a parking improvement plan as
of May 15, 1983, consisting of single stall designation and
traffic f Iow signage. Sailor's World will continue to hire
a fuI. I-time parking attendant (Sat. & Sun. 8 : 00 A.M. - 8 :00
P.M. ) during the summer boating season.
3. The City of Orono has made the City's parking lot on
County Road 146 available for the Marina's overfl.ow parking
• on weekends.
V `
1 • �
Exhibit A
• Resolution No. 1865
Page 3
4. AI1 parking spaces identified on Exhibit B shall remain open
during al I hours of operation. THe Iicensee shall be responsible
for keeping patrons from parking on the public right-of-way of
Shoreline Drive.
Council. will continue to approve for the 1985 Iicense year the
temporary use of a satellite to serve alI septic needs for the
Marina during the summer months and the use of the toilet
facilities at 1960 Shoreline Drive by the Sailor's World staff in
the winter months.
Licensee is place on notice that with the elimination of the
Paul's Landing operation, the propane tank must be removed or
relocated to meet State Fire Code standards. Licensee is also
placed on notice that with the pending availability of Municipal
sewer to serve the property, licensee wil.l be expected to conform
to the sanitary facilities performance standards, Municipal Code
Section 10.41 Subdivision 8 (A).
VII. Nothing in this Iicense 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 shal7. 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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.,',- . . ; RESOLUTION #186���4� �
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