HomeMy WebLinkAboutResolution 1868 t, � .• '
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d Cit o� ORONO
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- • � RESOLUTION OF THE CITY COUNCIL
� NO. 1868
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RESOLUTION DIRECTING STAF'F TO
'. ISSIIE A COMMLRCIAL DOCR LICENSE
TO CRYSTAL BAY SERVICE
° SUBJECT TO CONDITIONS NOTED HEREIN
FOR THE PERIOD OF JAN[TARY 1, 1985 TO DECENBER 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 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 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 ].ifts
and buoys on the publ.ic waters for purposes of operating the
above noted business activities and for rentaI. 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 public waters and
on the land within the City may be detrimental to the public heal.th,
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
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, O � RESOWTION OF THE CITY COUNCIL
i(� NO. 1868
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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-
' I.and 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 licensing boats but is on].y 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,
• aII of which have adopted rules to ensure to all equal erijoyment of
the public rights and to suppress the cl.ashing 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 public 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 excl.usive privileges over Lake
Minnetonka. The only additionaI. private right that the marina or any
riparian owner may have over the publ.ic 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 alI 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 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 Clt� �o� ORONO
� ;^� RESOLUTION OF THE CITY COUNCIL
.,_ .
1868
��- . NO.
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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 ful.ly enumerated or even anticipated; and
�
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� WHEREAS , Lake Minnetonka is capabl.e of substantial �
beneficial public use only as Iong as all riparian users of the Lake
' . are regulated in such a way as to ensure there is no abuse of the
Iimited 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 Iimited
right to buil.d and maintain one suitable landing or dock, on and in
front of his Iand, 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 navigabil.ity 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 aIl 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 al.ong Lake Minnetonka.
� Such commercial transfers of the riparian rights of Lake Minnetonka
have resuI.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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4 .s - d--i�: .: C�tY o� ORONO
a ,rv�3f,y, # ;it ., v
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, � • �' ` � '� RESOLUTION OF THE CITY COUNCIL
Y�' ��' 1868
.,� ��� • '�" NO.
+`b � _ � ` '�
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��°� WHEREAS , as a condition to the issuance of the 1975
4..�:
;;:� commercial marina licenses, each commercial marina operator agreed
with the City in writing to an Operations Agreement outlining a three-
+,�;a 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 place-
ment and use of docks and mooring spaces upon the public waters; and
WHEREAS, aI. I of the requirements of the 1975 Operations
I�`� 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, aIl 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 following special
• conditions as they relate to an application for an annual Commercial
Dock License described on Exhibit A attached,
NOW, THEREFORE, BT 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 Council of the City of Orono at their
meeting on the 7th day of October, 1985. �
. �
� Mary C. Bu r, ayor
ATT ST:
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D othy M allin, City Clerk
Page 4 of 4
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� CITY OF ORONO
EXHIBIT A
RESOLUTION Ai0. 18 6 8 '
' CONDITIONS OF ISSUANCE FOR ANNUAL COMMERCIAL DOCK LICENSE
I. LICENSEE Crystal Bay Service
Address 3398 North Shore Drive, Wayzata MN 55391
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
sI.ips, Iifts, or buoys exceed the number permitted in the prior year's
� license.
Authorized Summer Density per attached plan:
BaY Crystal Bav
• Transient Slips 2
Rental Slips -
Company Slips 1
Sub-Total: Slips at Dock 3
Offshore Buoys -
Maximum Boats in Water 3 ==3---
Dry stacked slip for use in Iake p
Maximum Boats in water per prior Iicense 3
Other Boats (for sale/service, etc. ) p
MAXIMUM BOAT DENSITY ON LAND AND/OR IN WATER ==3===
Exceeding this maximum boat density, or exceeding the number of
permitted sl.ips, Iifts 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 0
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. Exhibit A
Resolution No. 1868
Page 2
III. DOCK LAYOUT (reference Exhibit B attached)
Maximum authorized Iength of main dock gg feet.
Docks extending beyond 200 feet and docics encroaching into re-
quired side yard setbacks are hereby specifically declared to be
iI Iegal. non-conforming structures which are not permitted under
this Iicense. 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 1
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 Iicense revocation
• and/or prosecution by the City.
1. �. The three slips provided at the dock are approved for use as
follows:
a) 1 sI.ip to store the company boat
b) 2 service slips, boats docked at these slips may not be
stored overnight
2. The company boat is Iicensed to the current owners of Crystal
Bay Service - license no. MN 8816EE.
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 regul.atory authorities shalI. deem necessary from time
to time in the public interest.
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