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HomeMy WebLinkAboutResolution 1293 .l..-�,►,� _ � City of ORONO � RESOLUTION OF THE CITY COUNCIL NO. 1293 • • - • • A RESOLUTSON REGARDING THE NUMBER OF SLIPS LIC%ZI5ED AT GAYLES MARINA IN 1981 WHEREAS, the City Council on July 13, 1981, adopted Resolution No. 1292 thereby issuing a 1981 Commercial Dcok License to Gayles Marin, Inc. , for 134 slips; and WHEREAS, Resolution No. 1292 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. 1292; and WHEREAS, the Council wishes to assure that the recorc� is clear as to why such additional slips were not licensed by the City; NOW, THEREFORE BE IT RE�OLVED, that the City Council of the City of Orono hereby makes the following findings �of fact: l. Gayles Marina has been licensed for 134 slips since 1967 . • 2 . Al1 the landscaping, screening, and otr.er im- provements 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 Ci�y. 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 P�unicipal Code provides that regulation of the number of licensed slips is in the public interest to protect against the in- creasing problems caused by expanding commercial lake usage. 7 . Increasing the number of licensed slips beyond 134 would be contrar� to the policy established in Resolution No. 177 regarding dock licenses issued after 1967 and to the policy established in Resalution No. 938 regarding refusal to incr_ease boat density at any commercial marina on Lake Minnetc�nka. • / i �i. � f • � cit� o� oR,oNo RESOLUTION OF THE CITY COUNCIL NO. /� �i3 • • - • • 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 allacate the loca- tion 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 com�lied with the 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 withoiat authorization. 10. At no time did the City promise Gayles Niarina that additional s]_ips would be approved if the docks were reconstructed as above. 11. The number of slips permitted ta occupy public waters is a licensed, regulated activi�y and is • Tzot a vested right of any commercial mar_ana. This �esolut�an wa� a��opted by trA City Co:zncil of the City of Orono on the 13th day of July , 1981 . . illiam . an Nes , Niayor ATTE S'": �� �Wal er . Benson, ity Administrator •