10-12-2020 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2020 6:00 o'clock p.m. trying to do in the first place still a valid premise for the law, rule or ordinance? The more they noted unique nuances that seemed to read against something else, they got stuck in terms of what they are trying to regulate. Are boats in a front yard still a big deal? They are not sure. Do they care about the 23 feet or does it matter if the boat is on a trailer? He noted all of these things had been built in and they didn't have the history on whether that was purposeful or if the City just "stole" someone else's ordinance. He noted they are looking for direction. Mayor Walsh said it might be nice to know what other lake cities have in their ordinance for boat storage and then receive feedback from someone like Mr. Anderson who has been dealing with boats his entire life. Crosby added they should look at what is enforceable and what is not. Johnson asked if he was notified of the court case and the findings of it. Barnhart clarified it is not a court case, it was a complaint that Orono sent to the prosecuting attorney and the prosecuting attorney declined it. Johnson asked if the Council was made aware of the issue as it occurred. Barnhart believes he gave an update several months ago but probably did not go into the details of the case, but he updated the Council that they had an issue with boat storage regulation. Mayor Walsh remembers something in writing on that update. Attorney Mattick clarified that what a prosecutor typically does is to issue a Declination Letter saying "something was referred to me for my review" and if they thought there was probable cause such as the facts being present,they would swear out a criminal complaint. If the prosecutor felt that the way the law is written they cannot proceed under this law, they issue a decline letter and that is what happened in this situation. Johnson asked for that to be sent to him. Mr. Anderson asked Attorney Mattick regarding the details of the court case, could it be that the person had three 30-foot boats behind a fence and it wasn't an enclosed building? Attorney Mattick replied no, they are talking about a boat in a front yard. The Council agreed to put this item on the agenda for an upcoming work session discussion. 20. LA20-000065—CITY OF ORONO TEXT AMENDMENT RELATED TO DRY- BUILDABLE DEFINITION Barnhart is looking for two actions tonight: approval of a summary ordinance and authorization to publish the new subdivision code which is 39 pages. He noted it will be fairly expensive and they get around that by publishing a summary ordinance and meet the publishing requirements there. He noted the next item is a bit of carryover from last month when the Council approved Page 16 of 24