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HomeMy WebLinkAboutResolution 3204 `� 5 r � O� . O O �b. � CITY of ORONO � � ti ��L �G'�' RESOLUTION OF THE CITY COUNCIL �kESH04 NO. ��-9� A R$SOLDTION DSNYING THE APPLICATION OF GAYLE'S 1KARINA FOR A 1992 COr�RCIAL MARINA LICENSE . WHER$AS, the City of Orono (hereinafter City) is a municipal corporation organized and existing under the laws of the State of Minnesota; and WH$R$AS, Gayle's Marina Corporation (hereinafter the applicant) is owner of the property located at 3366 North Shore Drive within the City of Orono and legally described as follows: Exhibit "A" attached (hereinafter the property) ; and . WHEREAS, the applicant has operated a commercial marina and engaged in the business of docking, mooring or storing boats at this location for approximately thirty-five years; and • WHEREAS, Municipal Code Section 5.42, Subdivision 2 requires that any person engaged in or participating in the business of docking, mooring or storing boats shall first obtain a license therefor from the City; and � WH$REAS, the City began licensing and regulating commercial docks in 1962 pursuant to Ordinance �43 adopted April 23, 1962; and WHBREAS, Municipal Code Section 5.42, Subdivision 4 provides business use standards with which all commercial boat dock businesses within the City must comply before a license will be issued; and � WH$REAS, Gayle!s Marina Corporation was last issued a ' license by the City on July 13, 1981 per Resolution #1292, which � resolution .licensed the applicant for 134 slips; and , : WH$REAS, on July 13, 1981 the City Council also adopted , Resolution #1293, which refused applicant the right to use any slips in excess of the 134 slips licensed via Resolution �1292; and • WHEREAS, ,Gayle's Marina Corporation made application for a : commercial marina license for license years 1982, 1983, 1984, 1985, 1988 , 1990 , 1991 and 1992. The City did not require license applications for any marinas during the years 1986, 1987 and 1989 ; and • Page 1 of 3 . � � O�� • O O �b� - CITY of ORONO � � ti ��� �G'�' RESOLUTION OF THE CITY COUNCIL �kESH�g' NO. ��n 4 WHER$AS, for each of the years since 1981 in which Gayle's Marina Corporation has made a license application the City has refused to issue a license to Gayle's Marina Corporation for one or more of the following reasons: 1. Perimeter landscape plantings have been removed or have not been maintained, violating the 1975 Operations Plan and the requirements of Section 10.41, Subdivisions 7 and 14. 2. The applicant continues to maintain 143 slips in violation of � past City �requirements allowing no more than 134 slips (Section 10. 41, Subdivision 8 (H) , and Resolutions #1060, 1161 and 1293 ) . � 3. The applicant has failed to provide a 10' wide green grass buffer strip along the shoreline, or alternatively a runoff filtration system or berm incorporated into the shoreline rip rap system as required by the City in 1982 under the authority of Section 10.41, Subdivison 11. • NOW, TH$R$FORE, BE IT R$SOLV$D by the City Counci 1 of the City of Orono, Minnesota that the 1992 license application of Gayle's Marina Corporation which was received by the City of Orono on June 1, 1992 is hereby denied for the same reasons that the City has refused to issue a license for prior years as noted above. Adopted by the City Council of the City of Orono, Minnesota by a vote of 4 in favor, 0 opposed, 1 abstaining, this 23rd day of November, 1992. A ST: �. �� • ---- Dorothy . Hallin, City Clerk Barbara A. Peterson, Mayor • Page 2 of 3 K . � R I O� • • ,O O �b. � CITY o� ORONO � � � �� G'�'� RESOLUTION OF THE CITY COUNCIL ��k'ESHOg'� NO. 32 0 4 STATE OF MINNESOTA) � ) ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me on this 23rd day of November, 1992, by Barbara A. Peterson & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota Municipal corporation and said instrument was executed on behalf of the City. . ° � ,/�� (/ LINDA S. VEE Not ry Public �� NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY ' '� My commission expires 8-12-98 , • • Page 3 of 3 �