05-28-2019 Council Packet - Laserfiche WebLink

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Orono City Council Special Work Session Monday, April 13, 2019 Council Chambers 5:30 p.m. PRESENT: Mayor Dennis Walsh, Council Members Richard F. Crosby II, Matt Johnson, Aaron Printup and Victoria Seals. Representing staff were City Administrator Dustin Rief, Community Development Director Jeremy Barnhart, City Attorney Soren Mattick and City Clerk Anna Carlson. Meeting Start Time: 5:30 p.m. 1. Marina Licensing Community Development Director Jeremy Barnhart presented the Marina Licensing item. He gave a brief background about the history of Marina Licensing in Orono. Barnhart mentioned that the standards laid out in our Code are shown in the memorandum. He recommends a public hearing if Council would like to re -institute marina licensing. Mayor Dennis Walsh asked how we would enforce a license if they already have a Conditional Use Permit (CUP) that lays out very general conditions of their permit which are not very specific. Walsh noted the parking issue is really only occurring for a small period of time, so what effect would a license have on that if they already have a CUP. City Attorney Sore Mattick stated enforcement can only happen if they directly violate the land CUP. The City does have the right in the community to institute a business license, if desired. With licensure you can impose additional reasonable restrictions. Walsh is concerned that there would be an argument on the business owner's side if they already have a CUP. Mattick noted that if the City implemented a license, it would not be revoking the CUP you would be revoking the license for compliance. Council Member Victoria Seals mentioned that the main goal of discussing this is to get the marinas to comply with their CUPs. Seals noted there always seems to be some kind of variation of the marinas doing whatever it is that they want to do and nothing happens to them. She is concerned that if they are not complying to the CUP what would make them comply with a license. Mattick noted that if their CUP lays out the specific conditions and any of the conditions are found to be in violation, you could revoke the CUP, which would not allow them to continue to run their business. Barnhart mentioned that for businesses that preexisted before the ordinance, there is no CUP. Seals asked what can you do if there is no CUP. Soren noted that if the business was considered a true lawful non -conforming use, then by adding a license it could be a way to add another layer to gain compliance. Otherwise the City really has nothing to go off of to gain compliance.