HomeMy WebLinkAbout05-13-2019 Council Work Session Minutes Orono City Council
Special Work Session
Monday, May 13,2019
Council Chambers 5:30 p.m.
PRESENT: Mayor Dennis Walsh, Council Members Richard F. Crosby II, Matt Johnson,
Aaron Printup and Victoria Seals. Representing staff were City Administrator Dustin Rief,
Community Development Director Jeremy Barnhart, City Attorney Soren Mattick and City
Clerk Anna Carlson.
Meeting Start Time: 5:30 p.m.
1. Marina Licensing
Community Development Director Jeremy Barnhart presented the Marina Licensing item. He
gave a brief background about the history of Marina Licensing in Orono. Barnhart mentioned
that the standards laid out in our Code are shown in the memorandum. He recommends a public
hearing if Council would like to re-institute marina licensing.
Mayor Dennis Walsh asked how we would enforce a license if they already have a Conditional
Use Permit(CUP) that lays out very general conditions of their permit which are not very
specific. Walsh noted the parking issue is really only occurring for a small period of time, so
what effect would a license have on that if they already have a CUP.
City Attorney Sore Mattick stated enforcement can only happen if they directly violate the land
CUP. The City does have the right in the community to institute a business license, if desired.
With licensure you can impose additional reasonable restrictions.
Walsh is concerned that there would be an argument on the business owner's side if they already
have a CUP.
Mattick noted that if the City implemented a license, it would not be revoking the CUP you
would be revoking the license for compliance.
Council Member Victoria Seals mentioned that the main goal of discussing this is to get the
marinas to comply with their CUPs. Seals noted there always seems to be some kind of variation
of the marinas doing whatever it is that they want to do and nothing happens to them. She is
concerned that if they are not complying to the CUP what would make them comply with a
license.
Mattick noted that if their CUP lays out the specific conditions and any of the conditions are
found to be in violation, you could revoke the CUP, which would not allow them to continue to
run their business.
Barnhart mentioned that for businesses that preexisted before the ordinance,there is no CUP.
Seals asked what can you do if there is no CUP.
Soren noted that if the business was considered a true lawful non-conforming use,then by adding
a license it could be a way to add another layer to gain compliance. Otherwise the City really
has nothing to go off of to gain compliance.
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Orono City Council
Special Work Session
Monday,. MA-3 13,2019
Council Chambers 5:30 p.m.
Council Member Matt Johnson asked why can we establish and enforce a license on residential
properties but have no say on the businesses. The City currently does not take any active
measures to ensure compliance, it is a complaint based system. If the City decides to implement
licensing they could implement a standard for compliance that makes the city insure and enforce
the standards.
Mattick explained that because there is no active licensing, it makes it hard to enforce anything.
He recommended the Council to figure out what the issues are and what standards they would
like to implement.
Council Member Richard F. Crosby II mentioned that if we come up with reasonable standards it
could be easier to enforce through licensing.
Walsh expressed that the City would need to sit down and look at the details and find out what it
is that council would like to do to get them to comply. This is a process that will take time to
figure out. Walsh asked if Victoria Seals and Matt Johnson take the lead and begin looking into
what standards the council may want to implement.
City Administrator Dustin Rief asked Mattick if we went through process for implementing
licensing, how could that effect the CUP. Rief asked if the license would supersede the CUP.
Mattick responded that it would essentially be another layer for compliance. He recommended
the City figure out what the conditions are prior to implementation.
Barnhart will share information with the council.
Johnson would like to see it be organized similar to how it was done for the accessory structures.
Johnson added that the other piece is that there is legislation going through about the licensing
questioning if the LMCD has any authority on the marina licensing.
Resident, Gabe Gabbour explained his concerns about the LMCD and their authority to charge
fees and enforce regulation of marinas. He asked the City to request from the state auditor if the
fees that are being charged are legal or if the LMCD has the right to do enforcement. He also
asked if the auditor says they don't have the right to charge a fee (LMCD) who goes after them.
Walsh stated that the City can ask the question and reach out for clarity.
Mattick stated the questions are can they charge us to begin with and what are they regulating.
2. Crystal Bay Road Lake Lots
Barnhart stated that the City frequently receives questions about purchasing or somehow
acquiring the Crystal Bay Road lake lots. These lots are city owned and the city is not interested
in selling them based on the summary of background information provided to the City Council at
the September 12, 2011 Council Work Session. These four lots share reserved rights to over 178
lots that have bath and boating rights.
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Orono City Council
Special Work Session
Monday, M&9' 13,2019
Council Chambers 5:30 p.m.
Mattick stated that there would be a few concerns if the city gets rid of the lots that could
potentially cause some issues. If the City chose to get rid of the lots then availability would need
to be open to all 178 lot owners.
Printup agreed that it could create issues if the city goes to sell it.
Mattick added that there is no existing rule that states you have to open in it up to all 178 lots.
Crosby is not opposed to allowing the adjacent owners be able to purchase the lot and use the
proceeds to improve other park areas.
There was discussion about the different possibilities that could come from those lots. Staff will
look into those and bring back at a future work session for discussion.
3. Wayzata Country Club Boundary Adjustment Request
Dustin Rief mentioned that he was contacted by the Wayzata Country Club,they have requested
to a boundary line change. Rief provided background information on the lot and land value.
There was discussion regarding various counter offers.
Rief will reach out to them with a counter proposal.
Meeting End 6:50 p.m.
ATTEST:
a Carlson, City Clerk Dennis Walsh, Mayor
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