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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