11-14-2016 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2016 7:00 o'clock p.m. 23. TIM AND LORIS LINE PIANO RECITAL, 4415 FOREST LAKE LANDING, UPDATE (eontanued) Loren Schoenzeit stated one of the concerns is that they are the same dates, the same customers, and the same residential property being used for the exact same events with the same number of cars. Schoenzeit noted the previous events resulted in cars overflowing the 25 -stall church parking lot which resulted in the church telling the Lines that they cannot use their parking lot. Schoenzeit stated the Lines have managed to find a way to call it something different. Schoenzeit noted if someone were to request a variance application, the City does not let the applicants fill out their own hardcover sheet but it has to be signed by a surveyor. Schoenzeit stated the City said no to the special event permit. Schoenzeit noted the code also says six special events but the Lines have had 15 commercial concerts. Schoenzeit stated the fact that they are not exchanging money is irrelevant. Schoenzeit stated if this was a birthday party or a graduation, they would not be here, but this is a commercial activity whether money is changing hands or not and that the neighbors are looking to the City to enforce the resolutions that have been passed. Cornick stated Stacey brought up a good point by asking whether there is any verifiable evidence that the Lines are not collecting money. Barnhart stated the City is not in a position to prove that and that Staff has to go by what the ordinance says. Based on what Staff knows, the Lines are not in violation of any section of the ordinance. Barnhart stated noise and parking could be an issue and that those things will be observed. Barnhart indicated the City has to wait for a violation to occur before the Lines can be cited for it. Barnhart noted the Council will be discussing the special event permit at their November work session. Walsh suggested the City receive an update from the Police Chief at their work session. Stacey Schoenzeit noted two neighbors have previously contacted the police and that they did not get any response. Walsh stated the Police Chief has told him that they will be doing extra patrols in the neighborhood. Poehler stated the resolution that was passed was based on a commercial event and that the City needs evidence that it is not that. Poehler stated the City has the testimony of the Lines that they are not charging anything, and because of that, it is no different than somebody having a party at their house. Stacey Schoenzeit asked if the fact that it was on their website and they sold tickets counts for anything. Poehler stated it would be a misdemeanor and that the City has a higher degree of proof when it comes to a criminal matter. Poehler stated to her understanding the City does not have any proof to the contrary. *24. AUTHORIZE CONTRACT DEMOLITION, 3907 CHERRY AVENUE Printup moved, Cornick seconded, to accept the bid to demolish the home at 3907 Cherry Avenue. VOTE: Ayes 4, Nays 0. Page 26 of 28