HomeMy WebLinkAboutResolution 1866 . . .
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�Y._3� RESOLUTION OF THE CITY COUNCIL
�, . NO. 1866
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RESOLDTION DIRECTING STAFF TO
� ISSIIE A CONIlKERCIAL DOCR LICENSE �
TO MINNL�TONRA BOAT WORRS �
SIIBJECT TO CONDITIONS NOTED HEREIN �
• FOR THE PERIOD OF JAN[TARY l, 1985 TO DECEMBER 31, 1985
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 responsibil.ity 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
incl.uding but not Iimited to the following:
1. 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 supplies.
,:.
4. The construction and maintenance of docks, boat Iifts
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 Iimited 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 pub].ic waters and
on the I.and within the City may be detrimental to the public health,
safety and general welfare and is therefore subject to reasonable
regul.ations 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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���`_`� RESOLUTION OF THE CITY COUNCIL
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' 1866
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WHEREAS, because of the geographical Iocation 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 publ.ic order and to ,
protect the life, safety and wel.fare of the community. The City
' through its regulations is not I.icensing boats but is only Iicensing
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 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 navigable waters involves an
exercise of police power of the State, LMCD, and the City of Orono,
.ti� � aII of which have adopted rules to ensure to alI equal enjoyment of
, the public rights and to suppress the clashing of public and private
interests and resulting public disorder; and
WHEREAS, �the regul.ations of the DNR, LMCD, and the City of
� Orono regulate the property rights of the riparian owners bot� as to
single family residential owners and the commercial marina owners, to
� the extent prohibiting any interference with the publ.ic waters ad-
joining that property. The LMCD, DNR and City of Orono must fulfil.l
their trusteeship over the public waters by protecting against inter-
ference by anyone, including those who assert the commonl.aw 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 excl.usive 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 alI 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 publ.ic 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
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� s `:u �t= RESOLUTION OF THE CITY COUNCIL
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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 Iake for sail.ing, 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. publ.ic use only as Iong as alI riparian users of the Lake
are regul.ated in such a way as to ensure there is no abuse of the
limited ripariari rights; and
WHEREAS, the marina as a commercial riparian owner onl.y has
„+ Iimited riparian rights incident to the ownership of real estate
bordering upon Lake Minnetonka. The marina operator has a limited
rigY�t 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 public purposes or where he
unreasonably interferes with the surface water rights of aII riparians
and members of the public genera?.ly; and
WHER$AS, it is fundamE ntal that a �riparian owner's rights
are measured by the necessiti:�s and character of his use. The
marinas, for private commercial <. ain wish to temporarily and, in fact,
permanently alter the use of tY a surface water in Lake Minnetonka.
Certain sections of the lake, onc � a source of excellent fishing, have
� been converted and, in fact, :n the future will continue to be
converted, into a commercial ent,�rprise al 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 shoul.d 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 generaI. 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
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• �`3�,���� ' ��'� RESOLUTION OF THE CITY COUNCIL
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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 control.s, 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 place-
ment and use of docks and mooring spaces upon the public waters; and
� WHEREAS, alI 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, 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 publ.ic waters; and
LnIHEREAS, 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 Counci I 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. But r, Mayor
• ATT T: .
i
�— '
1
othy M. llin, ity Clerk
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• CITY OF ORONO
EXHIBIT A
RESOLUTION NO. 1866
CONDITIONS OF ISSUANCE FOR ANNUAL COMMERCIAL DOCK LICENSE
I. LICENSEE Minnetonka Boat Works, Inc.
Address 1449 Shoreline Drive '
License Period - January l, 1985 to December 31, 1985
II. BOAT DENSITY
The number of in-place boat sl.ips, lifts and buoys shall not exceed
the number shown on the attached plan, ��xhibit B, and in accordance
with Resolution 938, in no case shall. the number of authorized boat
s].ips, Iifts, or buoys exceed the number permitted in the prior year's
I.icense.
Authorized Summer Density per attached plan:
Bay Browns Tanaaer
� Transient Slips 1 0
Rental Slips 40 25
Company Slips 0 0 �
Sub-Total: Sl.ips at Dock 41 25
Of f shore Buoys 0 0
Maximum Boats in Water 41 25 =��__
Dry stacked slip for use in Iake 0
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, I.ifts or buoys is a violation of this license 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 55
.
� Exhibit A
Resolution No. 1866
Page 2
III. DOCK LAYOUT (reference Exhibit B attached) '
Maximum authorized Iength of main dock 135 feet.
Docks extending beyond 200 feet 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. The application does not contain such
ill.egal structures. AII such violations are subject to
prosecution under Sections 5.42 and 10.41 of the Orono Municipal
Code.
IV. Marina is not authorized for FUEL SALES subject to compliance
with the State Fire Code.
V. Required number of OFF-STREET PARKING SPACES 40
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.
"None"
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 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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