HomeMy Public PortalAbout1997-015Member Zietlow introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 97-15
RESOLUTION AUTHORIZING PUBLICATION OF
ORDINANCE NO. 295 BY TITLE AND SUMMARY
WHEREAS, the City Council of the City of Medina has adopted Ordinance No. 295 ,
an ordinance amending sections 825.07, 828.17 and 828.63 of the city's code of ordinances
relating to the regulation of land excavation and reclamation; and
WHEREAS, the ordinance is 4 pages in length; and
WHEREAS, Minnesota Statutes, § 412.191, subd. 4, allows publication by title and
summary in the case of lengthy ordinances or those containing charts or maps; and
WHEREAS, the city council believes that the following summary would clearly inform
the public of the intent and effect of the ordinance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Medina that
the city clerk -treasurer shall cause the following summary of Ordinance No. 295
published in the official newspaper in lieu of the entire ordinance:
Public Notice
to be
The City Council of the city of Medina has adopted Ordinance No. 295 . The ordinance
regulates land excavation and reclamation by establishing definitions for both terms. Excavation
and reclamation activities involving less than 300 cubic yards require no permit from the city
while activities over that threshold do. The zoning administrator may issue permits for activities
involving 300 to 1000 cubic yards of material. Permits involving over 1000 cubic yards must
be approved by the city council. A copy of the full ordinance is available at city hall in the
office of the city clerk and may be reviewed during regularhours.
Paul Robinson, Cler -Treasurer
RHB122962
ME230-5
BE IT FURTHER RESOLVED by the City Council of the city of Medina that the city
clerk -treasurer keep a copy of the ordinance in his office at city hall for public inspection and
that he post a full copy of the ordinance in a public place within the city.
Dated: May 20 , 1997.
ATTEST:
Pau Ro inson, Clerk -Treasurer
Thies
The motion for the adoption of the foregoing resolution was duly seconded by member and upon
vote being taken thereon, the following voted in favor thereof:
Ferris, Johnson, Thies, and Zietlow
and the following voted against same: None Absent: Hamilton
Whereupon said resolution was declared duly passed and adopted.
RHB122962
ME230-5
LICENSE
This license is granted this 3 day of June , 1997. by the City of Medina,
a municipal corporation under the laws of Minnesota (the "City") to Tony M. Barden, a
Minnesota resident and representative of an unorganized association of homeowners
in the City's Independence Beach neighborhood ("Barden").
WHEREAS, Barden has proposed to construct a portable dock and to install the
dock at the City's Independence Beach Park; and
WHEREAS, Barden has proposed to construct the dock and to maintain, install
and remove it seasonally at no expense to the City; and
WHEREAS, the City's park commission has reviewed the proposal by Barden
and has recommended that the dock be located at the City's Independence Beach Park
rather than at an alternate location in the vicinity; and
WHEREAS, the City is willing to make its Independence Beach Park available
for such purpose, subject to certain terms and conditions.
NOW, THEREFORE, the parties agree that a license is hereby granted by the
City to Barden for the purpose of installing a portable dock at the City's Independence
Beach Park, subject to the following terms and conditions:
1. The dock shall be structurally sound and shall meet the design and
construction standards required by the City's building official and director
of public works. The City shall have the right to inspect the dock prior to
installation and at any other time or times thereafter as it may deem
necessary.
2. The dock shall be installed at the City's Independence Beach park in the
location specified by the City's director of public works. The location shall
be chosen to minimize the chances that use of the dock will interfere with
other uses occurring in the vicinity.
3. The dock shall be open and available to all persons as members of the
general public, regardless of place of residence. No commercial use
shall be made of the dock and there shall be no fee charged for its use by
the public.
4. Barden agrees to install or allow the City to install on or near the dock
such informational or warning signs as may be required by the City's
public works director or chief of police.
5. This License shall extend from the date first written above until November
1, 1997. Barden shall be permitted to maintain the dock until such time.
Prior to the expiration of this License, Barden agrees to remove the dock
from the water and from the park and, if necessary, to restore the shore
and adjacent area to its condition prior to installation of the dock.
6. Notwithstanding anything herein to the contrary, the City reserves the
right to revoke this License and to order the removal of the dock at any
time, if, at the City's sole discretion, the city council believes public
interest is served by doing so. Barden shall have five days to remove the
dock after receipt of notice from the City.
7 The parties agree that the dock has no more than a nominal monetary
value. If the City must remove or store the dock because of Barden's
failure to do so after due notice, it may dispose of the dock and shall not
be responsible for any salvage value.
The parties understand and agree that this License has been granted by
the City on a trail basis and may or may rot be granted in subsequent
years. In granting the License for the 1997 season, the City makes no
representations to Barden or others regarding the likelihood that the City
will issue another License in future years or, if it does so, the terms and
conditions of such future License.
This License has been authorized by action of the Medina City Council on
June 3, 1997
rY`
Ton 4VI. Barden
Y
Ferris, Mayor
Paul A. Robinson, Clerk -Treasurer