01-27-2020 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 13, 2020 6:00 o'clock p.m. 20. CENTERPOINT ENERGY FRANCHISE ORDINANCE NO. 237 and SUMMARY ORDINANCE NO. 238 Crosby moved, Johnson seconded, to approve the Consent Agenda as revised, with Item No. 20 being added to the Consent Agenda. VOTE: Ayes 4, Nays 0. PUBLIC COMMENTS Mr. Dave Martini, Bolton & Menk, wished everyone a Happy New Year and thanked the City Council for the opportunity to work with them. He stated if there was anything anyone needed from him, they could reach out to him directly or Staff. The Council members thanked Martini and Bolton & Menk for their hard work for the City. PLANNING DEPARTMENT REPORT 17. LA19-000097 — CITY OF ORONO TEXT AMENDMENT — DOCK LICENSING Staff presented a summary of packet information, noting the Memo referenced a City Council discussion on August 26 but the date should be October 14. Johnson said his recollection from the work session meeting was the City was going to draft a Lease, what is being presented is an Ordinance for a single location, and he is wondering why the City went with an Ordinance versus drafting a Lease Agreement. Barnhart stated the Ordinance allows the Council to get into a Lease Agreement with the Licensee. It is the first step of a two-step process. Next, the City Attorney will draft a boilerplate Lease document that the Licensee will sign with the City. Walsh said he thought originally the City wanted to give the residents the rights and perpetuity to have this dock versus three-year agreements, meaning every three years they could potentially lose their dock rights. Barnhart responded that the residents could; however, they are the only ones eligible for it. The only way they would lose dock rights is if they would not abide by the regulations the City imposes. The length of time can be changed, but three years is a starting point. By narrowly tailoring the document, it gives the City control; but as long as the residents follow the rules, they can have access to it. Walsh suggested having a longer period of time set up but allowing the City to have the ability to cancel the Lease if the rules are not followed. The length of time could be 10, 20, 30 years so the residents know it is there for a long period. Also, they would have the first right to renew it as long as they are in compliance so there's not potentially an arbitrary Council that takes it away for some reason. Crosby indicated the City Council does not have to list a time frame. Walsh and Seals said in order to have a valid contract, there has to be a start and an end time. Walsh said, regarding the storage component, because it is public property and people might be going on and off the property with snowmobiles, the residents need to pull their belongings back onto their fee Page 2 of 7