02-24-1992 Council Packet - Laserfiche WebLink

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.1 .. i** * '• w Tot z-.:,: z Iv' •h PF 'pz •■^- ’' ' i’ Z/'i :; • ;; ■•' ■I-'-,;.: V • •'Z'' izl. ■' 'Z' r • •■• •*. . . » . ^ 4»z-z. ,' r(r;' Mayor Peterson and Orono City Council Ron Moorse, City Administrator ^O/.. Oates Sobjects Michael P. Gaffron, Asst. Plannirq & Zoning Admi8A^±raT4||^ Feoruary 20, 1992 Lake Use Committee/Marina Licenses %0 The next meeting of the Lake Use Committee, which was scheduled for Thursday, February 27th, has been rescheduled to Thursday, March 5th, 7s45 a.ra. in the City Council Chambers, to accommodate schedule conflicts. At the request of Lake Use Committee Chairman Callahan, staff has sent a follow-up letter to marinas whose fees are still outstanding. Since your last update. Windward Marine has paid their license fee for 1992, but is still requesting a reduction ..n the 1991 fee. The issue of enforcement of marina regulations has been discussed with City Attorney Tom Barrett, and he will be prepared to discuss various procedural options at the February 24th meeting if Council desires. To summarize: 1. ’ rv ir>' ' , ! "ii'■■ #1- Pit ■ The licensing regulations. Municipal Code Section 5.42, indicate that a violation occurs when a person engages or participates in a business use without first having obtained a license from the City. That section goes on to give standards which must be met in order for a license to be issued. 2.Section 10.41 defines the land use regulations and standards of the B-2 Lakeshore Business District. 3.Operation of a business use without a license, or being in non-compliance with the standards of the B-2 zoning district both are punishable as misdemeanors. The two options V City has for pursuing such violations is through a crimine violation tag or via a civil complaint. Neither of the above code sections gives the City the authority to "shut down" a marina operation without going through due process, i.e. in a formal complaint we would request the Court to force the business to cease operations and/or comply with our regulations. This would likely be a lengthy and expensive process for both parties. Council should note that issuance of a violation tag, while requiring an appearance before a Judge, generally results in merely a small fine and minor aggravation for the violator. It does not typically accomplish any of the end results for which the City is actually striving. The civil complaint on the other hand, allows the City to request specific actions to occur, is more likely to result in the violator 4