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HomeMy WebLinkAboutResolution 1161 _ . - � • ,- clt� o� ORUNO RESOLUTION OF THE CITY COUNCIL � NO. 1161 • - • • A RESOLUTION REGARDING THE NUMBER OF SLIPS LICENSED AT GAYLES MARINA IN 1980 WHEREAS, the City Council on June 30, 1980 adopted Resolution No. 1158 thereby issuing a 1980 Commercial Dock License to Gayles Marina, Inc. , for 134 slips; and WHEREAS, Resolution No. 1158 specifically denied a license for any slips in excess of 134 as may have been drawn on the dock plan, Exhibit B, to Resolution No. 1158; and WHEREAS, the Council wishes to assure that the record is - clear as to why such additional slips were not licensed by the City, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby makes the fol.lowing findings of fact: 1. Gayles Marina has been licensed for 134 slips since 1967. - 2. All the landscaping, screening, and other improvements agreed to by Gayle Wittig for Gayles Marina have not yet been completed according to the terms of the 1975 Operations Agreement. 3. Gayles Marina has more licensed slips than any other marina in the City. 4 . Gayles Marina has more boats stored on land than any other marina in the City. 5. The LMCD and DNR have classified Maxwell Bay as "Critical" in terms of boat density, crowded waters, number of boats stored and boats in use. 6. Section 73 . 060 of the Orono Municipal �ode provides that regulation of the number af licensed slips is in the public interest to protect against the increasing problems caused by expanding commercial lake usage. 7. Increasing the number of licensed slips beyond 134 would be contrary to the policy established in Resolution No. 177 regarding dock licenses issued after 1967 and to the policy established in Resolution No. 938 regarding refusal to increase boat density at any commercial marina - on Lake Minnetonka. PAG E � O F �- . i r° � • C�t� o� ORONO RESOLUTION OF THE CITY COUNCIL � NO. 1161 • � • • 8. Denial of more than 134 slips total is not a denial of gas dock or transient repair slips as the Marina is free to allocate the location and use of slips in any way the Marina wishes so long as all slips are located within the LMCD Authorized Dock Use Area. 9. The fact that Gayles Marina has in 1979 complied with City. and LMCD codes and reconstructed its docks to fall within the authorized dock use area rather than extend beyond said area is not compensation for thereafter increasing the number of slips without authorization. 10. At no time did the City promise Gayles Marina that additional slips would be approved if the docks were reconstructed as above. 11. The number of slips permitted to occupy public waters is a licensed, regulated activity and is not a vested right of any commercial marina. This Resolution was adopted by the City Council of the City of Orono on the 14th day of July , 1980 � � , _ � William B. Var� Nest, Mayor ATTEST: ' . _.,....� �,.�- -�r�` __ ' . � alt�r R enson, City Administrator � PAGE�OF �