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Home My WebLink About1997-076 . RESOLUTION NO. 97-76 APPROVING RENEWAL OF DOCK PERMIT FOR ST. CROIX BOAT AND PACKET COMPANY BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the Dock Permit for St. Croix Boat and Packet Company for the period January 1, 1997 through December 31,1997, hereto attached as Exhibit A, is hereby approved, and the appropriate city staff is authorized to sign said Permit. Adopted by Council this18th day of March, 1997. J~~ ATTEST: . MOrl~e*cW~~t- . , , ,. . . . DOCK PERMIT Pursuant to Chapter 48.11 of the Stillwater City Code, the Stillwater City Council (City) hereby grants to the St. Croix Boat and Packet Company (Company) a Dock Permit upon the following terms and conditions: 1. LOCATION The dock shall be located in the St. Croix River approximately 150 feet south of East Nelson Street. 2. OTHER RULES The Company shall abide by the rules and regulations and permit conditions of the Corps of Engineers of the United States Army and the Minnesota Department of Natural Resources. Any charter/excursion vessels carrying passengers for hire and using the docks must abide by applicable U.S. Coast Guard regulations. 3. NO GAS PUMPS No gas pump shall be located on the dock. 4. NO-DISCRIMINATION The Company shall not discriminate against any person on the basis of race, creed, national origin, sex or social status. 5. WATERFRONT REGULATIONS The Company agrees to abide by all rules, regulations and restrictions set forth in Chapter 48.11 of the Stillwater City Code relative to the waterfront. 6. SCHEDULE OF FEES Upon request of the City, the Company shall submit a schedule of fees charged for general and transient boat docking. 7. INSURANCE The Company shall provide the City with Certificate of Insurance evidencing One Millionrrhree Million General Liability Coverage of their operation, naming the City as an additional insured under the policies as their interest may appear. 8. PUMP-OUT PRIVILEGES The Company shall provide pump-out privileges for marine heads for any boater , " .. . . requesting this privilege at the same rate and fee charged to boats that are moored at the dock for a fee. 9. INSPECTIONS The City reserves the right to request inspection of heads, electrical system or other unsafe conditions on or about the dock or any vessel moored thereto. 10. USAGE The usage of the dock facilities shall be limited to four (4) charter and/or excursion boats, one (1) floating ticket office vessel and a service boat not exceeding 26 feet in length. The Company must also accommodate a reasonable number of transient boats but in no event shall the boats or vessels exceed the limitation specified in the permit issued by U.S. Army Corps of Engineers and the Minnesota Department of Natural Resources. 11. PERMIT FEE This annual permit fee shall be $1000.00 each for the Andiamo (a 115 passenger sidewheeler), Andiamo Showboat (a 150 passenger, rear wheeler), Majestic Lady (a 150 passenger rear wheeler), Empress (a 250 passenger rear wheeler), a floating ticket office vessel, and the transient boat docks for a total of $ 6000.00. The permit shall also allow a 26 foot service boat and a new dock to moor the Empress. 12. TRANSIENT BOATS Transient boats shall be defined as vessels that use the dock as a stop-over privilege on a trip that does not originate from the dock. Transient boats shall be allowed to dock for up to 24 hours only per stay. "Bareboat" charter vessels shall be considered transient boats if the origination of the trip, including loading of passenger, takes place elsewhere. 13. PARKING The City reserves the right to request the Company's assistance in assuring that patrons and guests of the Company will park in a designated municipal parking lot. 14. FIRES 15. . No person shall build a fire in any area of the docking premises or in any vessel moored at the dock. OBSTRUCTIONS The City does not by this permit accept any responsibility for dredging the dock area or making the docking area fee from obstructions or other hazards to navigation. 16. STORAGE The City is in no way responsible for storage of the docks during the off season and the Company agrees to abide by any decision of the City with regard to storage. 17 . RESERVATION OF RIGHTS The City reserves the right to add to or amend these rules when needed to protect the health, safety and welfare of the City. 18. DURATION The duration of this permit shall be from January 1, 1997 through December 31, 1997. 19. TERMINATION This permit may be terminated by the City at any time it is deemed necessary for the protection of the public safety, health or welfare or for a violation of any of the conditions of this permit. Dated this _ day of ,1997. CITY OF STILLWATER: BY: Mayor Attest: City Clerk ~ II " . . . . . . ~ Minnesota Department of Natural Resources Metro Waters, 1200 Warner Road, St Paul, MN 55106-6793 Telephone: (612) 772-7910 Fax: (612) 772-7977 February 5, 1997 Mr. Dick Anderson S1. Croix Boat and Packet Company 312 South Main Street P.O. Box 146 Stillwater, :MN 55082 Re: Limited Amended Permit #89-6206, S1. Croix River Docks Dear Mr. Anderson: Enclosed is a limited amended permit for your commercial boat operation. The permit has been amended to allow up to four excursion boats and the permanent mooring of one work boat. This past season five tour boats were consistently moored at your facility. We assume that once the permit is issued, there will only be a total of four excursion boats moored on any property in Stillwater. The length of stay request for 72 hours is denied and shall remain at 24 hours. The reason the length of stay request is denied is due to concerns over the threat of boats carrying zebra mussels in from the Mississippi River. In particular, the National Park Service and the Lower S1. Croix Management Commission Technical Committee provided comments requesting that the length of stay not be modified. In fact, the agencies would prefer that boats coming in from the Mississippi River that do not have proof of being cleaned should not be allowed even transient docking. One of the threats to a facility such as yours is the possibility of mussels getting knocked off of boats during docking. They can then attach to other boats, the dock structures, or even the river bottom substrate. The pro-active approach is to advise your clients up front that they need to have their boats cleaned before entering the S1. Croix. As always, good records, documenting your clients' moorings, are required and will be monitored. It is also the agencies' hope that the operation of the excursion boats will not occur in infested waters. It is advisable not to go below the Kinnickinnic at this time. A number of Stillwater downtown business persons also expressed concerns that the transient docks are not available for short stays during the weekends when they are full of overnighters. The purpose of transient docking facilities is to allow boaters to get off the river to patronize the numerous businesses in the area, not to provide weekend mooring areas. D~R Int"urIll:Jljon: 012.2<)0-0157. 1_:,;no_70h_nIJllll . TTY: 012-2<)h-5~x... I-XOtl-tl:,7-.N2') \11 Equ.t1 ()f'I"'llllllll: /-':l1phl\~'1 \\"!h' \.11..1\." [)1 \ \,.':-'11 \ n Prlll[l.:d ,'11 1(1,.....:,.:l:....J P..q"~'; (',II1IJlfllll::.1 f.~ \!llllrllUlll 11110', P""I-("dn"UfI1l..:r \1...1,,1.: .. ~ Mr. Dick Anderson February 5, 1997 Page 2 . All other terms and conditions of Limited Amended Pennit #89-6206 remain in full force and effect. The conditions of this pennit will be reviewed iflwhen the facility is moved to a new location, pending redevelopment of the Stillwater waterfront. As you are aware, any changes proposed at your facility require a coordinated review of local, state, and federal pennitting agents. 1vfinnesota Statutes, Sections 103G.251, Subdivision 2 (c), and 103G.311, Subdivisions S, 6 and 7, provide for a.Tl administrative hearing if you or, in some cases, certain local units of government are aggrieved by the action taken on this permit application. Be advised that to take advantage of this review process you must file a hearing request and a required $SOO.OO bond within 30 days of receipt of this order or you lose the right to any further appeals. If you have any questions regarding this process and/or the statutes related to this matter, or about the terms and conditions of your pennit, please contact Area Hydrologist Molly Shodeen at 772-7910. Sincerely, V-I ~ Dale E. Homuth Regional Hydrologist . DEH/MCS/cds c: U.S. Army Corps of Engineers, Ralph Augustin Washington Soil and Water Conservation District, 1-fark Doneux Middle St. Croix Watershed Management Organization City of Stillwater, Nile Kriesel City of Stillwater, Steve Russell Minn.-Wise. Boundary Area Commission, fun Harrison Conservation Officer Wayne Eller DNR Wildlife, Bob Welsh DNR Fisheries, Dave Zappetillo Central Waters, Steve Johnson Central Waters, Ron Anderson St. Croix River File (82-1) (River mile 23.2) . 1,.... .NA-02~ Rl:GIOI'l' 6 RLV. JIM .erd or PROTECTED WATERS PERMIT LIMITED AND AMENDED Permit Number 89-6206 n Pursuant tD Minnesota Sta.tute:s, Chapter 1030, and on the basis of statements and inform:11ion contained in the permit 3pplic:Uion, Iettl=, maps. and plans submitted by the aoplic:l11t and od1er data.. all of much are made :1 Dart h=fbv refaence. PER.'I,{ISSION IS HEREBY GRANTED tD the aoplic:urt tD perform the work as authorized below: Protected Water : County St. Croix River (82-1) (River mile 23.2) Washington Name o/Pennittee Telephone Number (include Area Code) St. Croix Boat and Packet Company, Attn: Dick Anderson (612) 430-1234 Address (No. & Street, RFD. Box No. City, State, Zip Code) 312 South Main Street, P.O. Box 146, Stillwater, Minnesota 55082 Authorized Work: Maintain the combined excursion dock and municipal transient dock facilities containing 26 mooring spaces, at the location and dimensions shown on Attachment A; in accordance with the General and Special Provisions of this permit .e o/Pennit I Expiration Date o/Pennit Excursion and transient boat mooring Not applicable perty Described as: -" Government Lot 3 and Part of Lot 11, Block 28, First Ward SE1/4, Section 28, T30N-R20W Address o/Property, if Known: As Indicated in General Provision No. 11: Normal Summer Pool Elevation, 657.0 feet (NGVD, 1929) This permit is granted subjed to the following GENERAL and SPECIAL PROVISIONS: GENERAL PROVISIONS 1. The pcnnittec: is DOt released from any roles. regulations, requirements, or sta.odatds of any applicable federal, state, or 10C3l 3gcocies; including. but DOt limited to, the U.S. Army Corps ofEnginecn, Board ofWatzr and Soil Rewurces, MN Pollution Control Agency, water.ihed districts, water management org:miz3t.iom, county, city and township zoning. This permit does DOt relase the pe~ of any pennit requirements of the SI.. Paul District, U.s. Army Corps of Engineers, Army Corps ofEngin= Caltre, 190 Fifth Street E.ast. Sl.. Paul. MN ~~101-1638. 2. "11m permit is not assignable by the pe~ except with the wntkn consent of the Commissioner of Natural Resource!. 3. The pennittee sball notifY the Area Hydrologist at least five da~ in :uivance of the commencement of the work authorized h.=reunder and notify bimlber of its comp letion within five days. 'The Notice of Permit issued by the Commissioner shall be kept securely posted in :1 conspicuous place at the site of oper:u.ions. 4.. The penniCtee shall make no changes, without written permission previously obtained &om the Commissioner ofNatur:Ll R.:sources, in the dimensions, c:1p3city, or location of any items of work 31lthorized hereunder. The permittee shall grant ==s tD the srtc at all re=nable times during :and after construction to .wthorized representatives of the: Commissioner ofNatur:Ll Rc:sources for inspection of the work authorized hereunder. 6. This Permit may be terminated by the Commissioner of Natural R.:sources ;Lt my time deemed nc:cessary fOl'the consef'{atiOll ofwlUa resources of the: state, or in the interest of public hc:.aJth and welfare., 01' for violation of 3lIY of the provisions of this permit. unlc:ss othc:rwisc: provided in the Special Provisions. v 7. Olmtructioo ~ 31JIhoriz.ed UDder this permit shall be: complc:ted on OC" before date specified above. 1bc pe~ may request an extension of time to complete ~ prujett, stating the rea.soa thereot; upon ~ request to the Commissiooer ofNatun.! Rcsourccs. ." 8. In all cases ....n.:,." the permittee by performing the work authorized by this permit shall involve the talcing. using. OC" damaging of any property rights OC" interests of any ~ I"""SOO cc pc:r.IOOS. cc of any publicly awoed lands or improvcmcots tbcrcoo or interests thcmn, the permittee, before proceeding. sball obtain the written consent of ~ agencies, or authorities ~ and shall acquire all property. rights and int.crcsI.s oecded for the work. . 9. This permit is permissive ooly. No liability sball be imposed by the State ofMinncsota or any ofiD officers, agents or employees, officially or pcrsooally. 011 3CCOI granting hereof cc OQ accoum of any damage to any pcr.;oo or propertY resuhing from any act or omission of the permittee or any of its agents, employees, or contract permit shall not be construed as estopping or limiting any legal claims or right of actiOll of any pcr.;oo otI= than the SU1e aga.imt the permittee, its agents, emplo}._--, or conIr:ldols, for any damage or injury resulting from any such act or omissioo, or as estopping or limiting any legal claim or rigirt of action of the state against the permittee, its agents, employees, or COO~ for violation of or failt= to comply with the permit or 3JlPlicable provisions oflaw. 10. Any c:lCieaIioo oftbc surfucc of public Waler.5 resulting from work authorized by this pcnnit shall become protect.:d watcn and left open and uoobslIucU:d for use by the public. II. No malfrial =va1cd by auIbority of this pcnoit nor. matcrialfrom any other source, except as specified bcrcin., shall be placed on any portion of the bed of said Watcn which lies below (as indicated above.) 12. When: the wed 31JIhoriz.ed by this pcnoit involves the draining. filling or burning ofwctJands DOt subject to DNRjurisdictioo, the permittee sba1l not initiate any work under this permit until the permittee bas obtained official approval from the responsible governmental unit as required by the Mioocsola Wet1ands COfJSCI"Vation Act of 1991. uthori=ed Signature Ud~ Dale E. Homuth 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. c: SPECIAL PROVISIONS The charter dock may moor up to four charter/excursion boats. The docks shall contain down-directed lighting. One work/chase boat may be moored at this facility. Charter boat operators shall be fully licensed. There shall be a contractual agreement with the City of Stillwater to provide public walk-on cruises as part of the renewal of the City dock lease agreement and permit The toilet facilities must be Coast Guard approved and must also meet spcxific requirements of the Minnesota Pollution .01 Agency. The permittee shall comply with all rules, regulations, requirements, or standards of the Minnesota Pollution Control Agency and other applicable federal, state, or local agencies. The floating ticket office location sball be reconsidered ifi'when the facility is moved or shall be removed in accordance WIth Special Condition 4 of the U.S. Army Corps of Engineers Permit (88-1209-90) dated May 24, 1990. Should problems arise with the availability of mooring spaces at the public docks, permittee shall submit written records of docking privileges documenting length of stay. No structures shall be constructed on the docks. A City permit and lease process shall remain in place regulating the use of the dock, a copy of which shall be submitted to the Area Hydrologist annually. The permit shall include a 24-hour limit on boat docking. Docks shall be maintained in good condition. Any alteration of the dock structures and/or dimensions or location (including maintenance and replacement) shall be authorized by the Regional Hydrologist U.S. Army Corps of Engineers, Ralph Augustin Washington Soil and Water Conservation District, Mark DonelLx Middle St CroLx Watershed Management Organization City of Stillwater. Nile Kriesel City of Stillwater. Steve Russell Minn. - Wise. Boundary Area Commission. Jim Harrison Conservation Officer Wayne Eller DNR Wildlife. Bob Welsh DNR Fisheries, Dave Zappetillo Central Waters, Steve Johnson Central Waters. Ron Anderson . St Croix River File (82-1) (River mile 23.2) Title ate c2 - s-- 97 Regional H drologjst of Attachmen t A Limited 2nd Amended Permit No. 89-6206 St. Croix B~at and Packet Company Date ~S-97t ~-3'1 '-; I B /.../, - I ~ f ~d,,~~;,\i y /- ----~ C r~ ,.f1 .. .. . ..' ~ t ~~ .~ ,.. ..... 5r-Q3-1 S-c:.s 1 e: 220M F'RC.M .e: ! -- :..-l t =1 ..--. '..J " \ ::-: \ -- :1 "\ -.t .---1 I: 1 ! 1 ~ 1 .g ~ -~ --t . I J' .-./ I i"'-.! ~ 11M", lr.-..,;r,r _l- t I/"~ OL-l.. I . -'" . C . I i~ ~ C---"t. >:- . I ~ I 1.......... .~~ 9~ 'd ~ 'f~' '~>m~L~3 J ..:.. Q . . I 'j : - -~ i tV }... ~ V'l ,. . I ~ -' - ~ :..- - ---- -- \oa <~~ ~ \ o~~ -. V'I.~ 1) y <': '-' '. ~'~ 'S ~~3