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Orono City Council <br /> Special Work Session <br /> Monday, May 13,2019 <br /> Council Chambers 5:30 p.m. <br /> PRESENT: Mayor Dennis Walsh, Council Members Richard F. Crosby II, Matt Johnson, <br /> Aaron Printup and Victoria Seals. Representing staff were City Administrator Dustin Rief, <br /> Community Development Director Jeremy Barnhart, City Attorney Soren Mattick and City <br /> Clerk Anna Carlson. <br /> Meeting Start Time: 5:30 p.m. <br /> 1. Marina Licensing <br /> Community Development Director Jeremy Barnhart presented the Marina Licensing item. He <br /> gave a brief background about the history of Marina Licensing in Orono. Barnhart mentioned <br /> that the standards laid out in our Code are shown in the memorandum. He recommends a public <br /> hearing if Council would like to re-institute marina licensing. <br /> Mayor Dennis Walsh asked how we would enforce a license if they already have a Conditional <br /> Use Permit(CUP) that lays out very general conditions of their permit which are not very <br /> specific. Walsh noted the parking issue is really only occurring for a small period of time, so <br /> what effect would a license have on that if they already have a CUP. <br /> City Attorney Sore Mattick stated enforcement can only happen if they directly violate the land <br /> CUP. The City does have the right in the community to institute a business license, if desired. <br /> With licensure you can impose additional reasonable restrictions. <br /> Walsh is concerned that there would be an argument on the business owner's side if they already <br /> have a CUP. <br /> Mattick noted that if the City implemented a license, it would not be revoking the CUP you <br /> would be revoking the license for compliance. <br /> Council Member Victoria Seals mentioned that the main goal of discussing this is to get the <br /> marinas to comply with their CUPs. Seals noted there always seems to be some kind of variation <br /> of the marinas doing whatever it is that they want to do and nothing happens to them. She is <br /> concerned that if they are not complying to the CUP what would make them comply with a <br /> license. <br /> Mattick noted that if their CUP lays out the specific conditions and any of the conditions are <br /> found to be in violation, you could revoke the CUP, which would not allow them to continue to <br /> run their business. <br /> Barnhart mentioned that for businesses that preexisted before the ordinance,there is no CUP. <br /> Seals asked what can you do if there is no CUP. <br /> Soren noted that if the business was considered a true lawful non-conforming use,then by adding <br /> a license it could be a way to add another layer to gain compliance. Otherwise the City really <br /> has nothing to go off of to gain compliance. <br /> Page 1 of 3 <br />