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MINUTES OF THE <br /> ORONO CITY COUNCIL MEETING <br /> Monday,May 23,2011 <br /> 7:00 o'clock p.m. <br /> (9. #11-3503 PUBLIC HEARING-CITY OF ORONO-ZONING TEXT AMENDMENT <br /> LAKESHORE RESIDENTIAL ZONING DISTRICTS: DOCK RENTAL, Continued) <br /> Bremer stated she does not like the language in the ordinance under Section 4(6),otherwise providing <br /> space,but that she understands the intent of that language. Bremer stated there are a number of times that <br /> she has taken her boat to different locations and there are also lots of people who use neighbors' docks for <br /> going to and from places on the lake. Bremer noted that type of situation is not actually meant to be <br /> included in this but would be and that she does have a concern about the phrase "otherwise providing <br /> space" because it means no money is exchanging hands. <br /> Gaffron stated through the decades the City has had a number of people looking for ways around the <br /> ordinance and that is the phrase that gives the City some discretion in terms of the definition of renting. <br /> Staff is looking at the impact of boats on the neighborhood and one of the issues is parking and other <br /> activity from people who are not part of the neighborhood. The City receives approximately two dozen <br /> calls a year from people who know the City does not allow dock rental. In a situation like that the <br /> property owner may argue that they are not renting the dock and that it is just a friend,which may not <br /> necessarily be the case. Staff would like to make it clear in the code what the specific code section is <br /> without having to go to seven different sections. <br /> Mattick indicated he understands Council Member Bremer's concern,but that when it comes time to <br /> enforcement,the City has a difficult time proving that a rental agreement exists. Staff has found <br /> documentation of continued use of a dock by a boat that is not owned or controlled by the resident of the <br /> property,which is what the City has previously attempted to regulate. From a drafting standpoint,this <br /> has been a tough ordinance to draft and that in a criminal sense the previous language made it <br /> unenforceable. Mattick stated they could consider inserting language that says a property owner may not <br /> otherwise provide space for X number of days consecutively or other similar language. <br /> Gaffron stated from a policy standpoint and perhaps from a Code standpoint,the LMCD generally checks <br /> around the lake and if there are four or more boats on one dock,they will check and verify if those boats <br /> belong to that property. If the same boat is there a week or ten days later,that would enter the realm of <br /> violation. Gaffron stated language of that sort could perhaps be written into the code. <br /> Rahn asked if the LMCD allows for non-ownership of boats if they are not over their BSUs. Rahn stated <br /> it was his understanding that the LMCD already had specific rules regulating dock use. <br /> Gaffron stated the City's ordinance has been stricter than the LMCD regulations for the last 15 years and <br /> perhaps longer. The City routinely receives complaints every year regarding dock rental and it is <br /> something that the residents expect the City to be enforcing. Gaffron indicated he is not sure whether he <br /> would recommend changing the proposed ordinance but that he could follow up and find out what the <br /> LMCD is doing and obtain their specific policies. <br /> Rahn stated he would like the City's ordinance to mimic the LMCD's and asked why the City would be <br /> dealing with this rather than the LMCD. Rahn commented that dock rental has to be a logistical <br /> nightmare for Staff to handle. Rahn stated near his neighborhood there are individuals that let other <br /> nonlakeshore residents keep boats at their docks and that he is not opposed to that if the property owners <br /> are not over their boat count or their BSUs. Since one of the concerns of boat rental is neighborhood <br /> parking,Rahn questioned if the City is going to start to regulate people that entertain every Saturday night <br /> and their driveway is always full of cars. Rahn stated he would rather not have the City enact rules <br /> regarding boats if there is already another governmental agency that deals with dock usage. <br /> Page 17 of 24 <br />