02-13-2023 Council Packet - Laserfiche WebLink

Home Browse Search

MINUTES OF THE ORONO CITY COUNCIL MEETING JANUARY 23, 2023 6:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 12 Benson said what's needed to have been said on this issue has already been said. I'm in agreement that it's important to follow the code as it relates to the setback here with regard to hardcover. Crosby said he’d be in agreement. It's unfortunate, but I think you said it fairly well. If you’d shrunk the size of the house, you would have had more room for the things that you need as far as driveway is concerned. But it has to be enforced. It’s in the code. Mattick said in terms of that aspect, the resolution itself can deal with the land use item and the denial of the application. The rest of it is something that we can sort out at least administratively, once we start talking to the property owner about timelines, because that that is potentially an enforcement item. So I would leave that out of the resolution. Johnson moved, Seals seconded, to direct staff to prepare a resolution to deny LA212000051, 3600 Ivy Place, after-the-fact Variances VOTE: Ayes 5, Nays 0. Curtis said there was no further community development report. FINANCE DIRECTOR REPORT Finance Director Olson said he had nothing to report. CITY ATTORNEY REPORT Attorney Mattick said he had two items. We do have a closed session so I will leave those items alone. I do want to point out a correction, however, on the closed session. It does list Jay Nygard, with the city of Orono. That should be Kendall Nygard. Otherwise, the caption on that is correct. This second item I wanted to touch on is confusion or some follow-up discussion that I think needs to be had on the idea of an abstention. It came up on our vote last week with councilmember Benson. And what I wanted to clarify was that when I'm asked about an abstention, a council member has a right to abstain. But from my perspective, when I'm trying to figure out what the nature of abstention is -- is it I simply don't want to vote on it. I don't feel prepared. I don't have the information? Or is it a conflict of interest? And so at the last meeting, I did want to sort out whether there was a conflict of interest. There wasn't in my understanding and speaking with you. So a council member regardless has the right to abstain, but it does matter on the conflict side of things. Because if someone has a conflict, it reduces the number of the council. You sit here as a five-member council. If someone has a conflict that prevents them from voting, you become a four-member council, because you have a recusal. If it’s I don't feel prepared or I'm not willing to vote on it at this time the council remains as five which is why I talked about how it has the impact of being a no vote because we need so many affirmative votes. And if you don't get them either because of noes or abstentions, the vote can fail. So I did want to clarify, we cannot compel someone to vote; we cannot compel them to vote yes or no. They have the right to abstain. To me, it matters on why the abstention, which is why I started my analysis on that. Councilmember Benson, I don't know if there was anything else you wanted to address. Benson said she had her own thoughts on that, which she can do at the end of the meeting.