HomeMy WebLinkAboutResolution 1060 .. ._ "�:.. '�'
_ - Irr � .
RESOLUTION N0, 1060
• A RESOLUTION REGARDING THE NUMBER OF
SLIPS LICENSED AT GAYLES MARINA IN 1979
• WHEREAS, the City Council on May 8, 1979, adopted
Resolution No. 1030 thereby issuing a 1979 Commercial Dock License
to Gayles Marina, Inc. for 134 slips ; and
WHEREAS, Resolution No. 1030 specifically denied a
license for any slips in excess of 134 as may have been drawn on
the dock p1an, Exhibit B to Resolution No. 1030; 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 following findings of fact: �
1. Gayles Marina has been licensed for 134 slips since
. 1967 . �
� 2. A11 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 baots stored and boats in use.
6, Section 73,060 of the Orono Municipal Code provides.
that regulation of the number of licensed slips is
, in the public interest to protect against the .
increasing problems caused by expanding commercial
� lake usage. �
� .
� .:,� �..,.�
.. . �.- °y
�; - ,arit
Resolution No, 1060 . •
� Page 2
7. Increasing the number of licensed slips beyond
134 would be contrary to the policy established
in Resolution No. I77 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.
8. Gayles Marina, Inc, applied for and paid a fee for
only 134 slips in 1979.
9. Denial of more than 134 slips total is not a denial
of gas dock or transient repair slips as the Marina
• is free to alloca'te the location and use of slips in
any way, the Marina wishes so long as a11 slips are
located within the LMCD Av.thorized Dock Use Area, .
10. 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. � �
11. At no time did the City promise Gayles Marina that
additional slips would be approved if the docks were
� reconstructed as above. -
. _. 12. 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 14 day of August , 1 9.
� ��il��/ S
�V
William B, Van Nest, yor
ATTEST: • •
�
Walter R enson, Clerk/Administrator
� .