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t�� i • Y'�� . i� ? {c-r,.�'�, • , RESOLUTION N0. 1044 . � A RESOLUTION DENYING AN APPLICATION FOR A COI�'Il�'IERCIAL DOCK LICENSE BY GEORGE R. JOHNSON WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Section 73.010 of the Orono Municipal Code provides that "It shall be unlawful for any person to operate a commerci:al boat dock business or be engaged in the business of docking, mooring or storing boats in the City of Orono without first obtaining a license from the Council. All licenses for existing or new operations received under this ordinance for the first time shall be considered initial permits. All existing operations shall be required to obtain a• license under this ordinance upon expiration of existing permit or license or within six (6) months of adoption of this ordinance, whichever may occur first. Granting .of a license pursuant to this ordinance wi11 not confer a .vested right to the applicant or licensed premises"; and � WHEREAS, Section 73.025 provides that "As a condition precedent to the granting of any license pursuant to this ordinance, the applicant shall � enter into an agreement with the City which shall include provisions relating to all of the requirements of this ordinance, includ.ing, but not limited to: the� required landscaping and planting for the landscape areas, location and surfacing of access roads, parking, storage, hours of operation, number of boet slips and boat buoys, length of dock, sanitary facilities, lighting and other requirements and performance standards that the Council deems necessary to proteat the interests of the City and.to promote public safety, health, welfare and enjoyment of the lake as a public recreatianal asset." ; and � WHEREAS, Section 73:040 provides that "Upon receipt of the applica- � tion, the City Council, by majority vote of the members present, may, when deemed appropriate, order a public hearing to be conducted by the Council or Planning Commission. The notification shall be the same as that required for rezoning. 'I'he City Council shall examine the application with the purpose of protecting and preserving the health, safety .and general welfare of the inhabitants of the City"; and . WHEREAS, On February 27, 1979., a Public Hearing was held by the Orono City Council regarding the development of Stubbs Bay Marina by George R. Johnson pursuant to an application for a Commercial Dock License renewal received by the City on January 12, 1979 and amended by Mr. Johnson �on February 5, 1979. Said public hearing wa,s held open for one hour and • forty-five minutes dur"ing which time the City Council received verbal and written comments from the applicant's representative, , fr•om the landowners, , from numerous neighbors and from various City staff and consultants; the detailed record of such information being conta ined in the official minutes of the regular City Council Meeting held on that date; and