HomeMy WebLinkAboutResolution 2567a
T City of ORONO
�r RESOLUTION OF THE CITY COUNCIL
NO. 2567
RESOLUTION DIRECTING STAFF TO
ISSUE A COMMERCIAL DOCK LICENSE
TO CRYSTAL BAY SERVICE
SUBJECT TO CONDITIONS NOTED HEREIN
FOR THE PERIOD OF JANUARY 1, 1988 TO DECEMBER 31, 1988
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:
1. 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 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 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
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2567
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 -land 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
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 Minnesota;
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 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
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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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
2567
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 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 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 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
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
•
•
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2567
c
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 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 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, all of the requirements of Section 5.42 of the Orono
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 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 their meeting
on the 9th day of January, 1989. ,
CITY OF ORONO
EXHIBIT A
RESOLUTION NO. 2567
CONDITIONS OF ISSUANCE FOR ANNUAL COMMERCIAL DOCK LICENSE
I. LICENSEE Crystal Bay Service
Address 3398 North Shore Drive, Wayzata MN 55391
License Period - January 1, 1988 to December 31, 1988
II. BOAT DENSITY
The number of in-place boat slips, lifts 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 license.
Authorized Summer Density per attached plan:
Bay Crystal Bay
Transient Slips 2
• Rental Slips -
Company Slips 1
Sub -Total: Slips at Dock 3
Offshore Buoys
3 3
Maximum Boats in Water
Dry stacked slip for use in lake 0
Maximum Boats in water per prior license 3
Other Boats (for sale/service, etc.) 0
3
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 5.42 Subdivision 2 of the Orono
Municipal Code.
Authorized Number of Winter Stored Boats 0
is
*Exhibit A
Resolution No. 2567
Page 2
III. DOCK LAYOUT (reference Exhibit B attached)
Maximum authorized length of main dock 99 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 illegal structures. All such
violations are subject to prosecution under tections 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 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 license revocation and/or prosecution by the
City.
• 1. The three slips provided at the dock are approved for use as
follows:
a) 1 slip to store the company boat
b) 2 service slips, boats docked at these slips may not be
stored overnight
2. The company boat is licensed to the current owners of Crystal Bay
Service - license no. MN 8816EE.
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.
0
. 929.4 coni !. t ' 'S v D.
1929 ) on A ;I Z t
Aoe �-
I herabv ce tify that this is a �
true ar:d correct reproscr.:1-2iicr. �
o: a sun•s.: of the Southerly •?� �
tcundaries of int 12 and the lest � p f
• 32 feet of :,crt 11, "Lydiard's ?ark'!,
!Ake Yinretonks, Herneoin C*Imty, 3
:arresota, for the sole purpose of
r,ho.winF,'the-reltitionship of the highway
bl4cktop, the highway ea'senent dated
Aufust 29, 1961 (Doc. Nv- 3330E6E), the
920.4' cont -our lire (;;GVD 1529), and ah �Ot
existing dock.
_i
Scale: 1 Inch = 320 feet
Dote : 4-22-E1'
Cordon R.
Land Su.-ti•c
Long 'Lake,
30
of1Yn Res. /�o.
or and Planner
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. 929.4 coni !. t ' 'S v D.
1929 ) on A ;I Z t
Aoe �-
I herabv ce tify that this is a �
true ar:d correct reproscr.:1-2iicr. �
o: a sun•s.: of the Southerly •?� �
tcundaries of int 12 and the lest � p f
• 32 feet of :,crt 11, "Lydiard's ?ark'!,
!Ake Yinretonks, Herneoin C*Imty, 3
:arresota, for the sole purpose of
r,ho.winF,'the-reltitionship of the highway
bl4cktop, the highway ea'senent dated
Aufust 29, 1961 (Doc. Nv- 3330E6E), the
920.4' cont -our lire (;;GVD 1529), and ah �Ot
existing dock.
_i
Scale: 1 Inch = 320 feet
Dote : 4-22-E1'
Cordon R.
Land Su.-ti•c
Long 'Lake,
30
of1Yn Res. /�o.
or and Planner
k.nnoaota • '
4