Use of new city dock sparks controversy

by Marianne Gasaway

On a 4-1 vote, the Clear Lake City Council approved an ordinance Monday night intended to limit commercial use of the new Main Street/Sea Wall dock.

The Council introduced the ordinance at its July 20 meeting and forwarded it to the Parks Board for review and recommendations. Monday night’s action represented a blend of ideas.

“The intent of the new dock is for recreational use for all visitors and citizens… It was not installed for exploitation and abuse for commercial gain,” said Councilman Gary Hugi.  Vehicle congestion and limited parking have also become a problem in the area due to the public renting commercial boats there.

Hugi referenced Movement Solutions, from Clear Lake, and said the business has been regularly using the boat ramp and dock as a place for customers to pick up and drop off boats.

“This business didn’t even ask for approval to use this dock— not once to anybody on the Council or in this administration that I’m aware of,” Hugi continued.  “What proof do we have of insurance that will hold the City harmless if there should be an accident or damage to the dock caused by their renters and watercraft?  Simply put, my suggested solution to your problem is to find a parcel of land on the lake, purchase the land and put in your own dock, and not rely exclusively on city dock and resources for your business.”

Councilman Mike Callanan agreed with Hugi, saying he had received public complaints of Movement Solutions mooring five to seven pontoons on many days and conversations with business owner Jim Flick had not resulted in any change.

“This dock was never meant to be a staging area.  It is for use by Clear Lake citizens and our visitors,” said Callanan.

Three persons attended the meeting for the opportunity to speak to the Council about the proposed ordinance.

Walt Muskovich, Bob Wolfram and former Councilman Jim Boehnke were each critical of commercial use of the dock, saying they have seen increased congestion, resulting in a lack of parking and

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lake access or views for the general public.

“I’m opposed to commercial activity on this dock.  It could capitulate into a can of worms,” warned Boehnke.

Councilmen Dana Brant and Bennett Smith said they hoped a compromise could be worked out, but also worried about potentially “opening a can of worms” as to future use of the dock.  Brant voted in favor of the ordinance limiting commercial use to 30-minute incidental drop-offs and pickups, while Smith voted against.

“The issue before us now and the need for this ordinance is that the public seawall dock is being used in a manner that it was never intended to be used. We never intended for one private business to use it as a private marina and that is how it is currently being used,” stated Smith.  He noted the commercial use could cause more damage and maintenance to the dock, as well as congestion in the area.  Customers renting the boats are also dominating parking spaces in the area for long periods of time and when the Lakeview Room re-opens parking will become even more dire, he said.  “The ultimate solution for a business such as this is to own or rent a private dock upon which they can conduct business and until that can be acquired there are multiple locations around the lake which can be used on a rotational basis to prevent the congestion issues at the seawall and to adhere to our proposed ordinance.  Though we cannot allow the dock to take on the appearance of a private marina, I continue to believe that we need to allow for incidental commercial use of the dock by any of the businesses that rent watercraft on Clear Lake.”

Smith proposed  allowing a commercial operator two boat slips for 45-minutes as suggested by the Parks Board for the purposes of staging and removal. He also recommended that any commercial user intending to use the public dock be required to enter into a moorage agreement with the City that ensures that the City is protected from liability exposures.  A plan for customer parking  away from the Sea Wall would also be required.

Hugi, Callanan, Brant and Councilman Mark Ebeling voted in favor of the ordinance allowing 30-minute incidental drop-offs and pickups, while Smith voted no.

The council passed the first reading of the ordinance and then waived the final two readings to allow the ordinance to go into effect Sept. 8.

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