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REGULAIJ MEETING OF THE ORONO COUNCIL, JANUARY 23, 1984. PAG1; 11 <br />Councilmember Frahm moved, Councilmcrnlier Adams <br />seconded, to al"cate up to $5,000 for a study and to <br />retain the services of John Shardlow, Senior Planner <br />with Howard DahlgrendAssociates. Motion, Ayes (3), <br />Nays (0). <br />nr Butler moved, Councilmember ►dams seconded, to <br />rove the letter to the MWCC putting forth Orono Is <br />E.sition. Motion, Ayes (3), Nays (0). <br />t. SMI'I'li MA7"1'L_R City Attorney Malker on distributed a letter <br />concerning the Paul Smith sewer matter. <br />The City Council reviewed two alternatives, one to <br />assess City sewer to the Smith property and the othEr <br />alternative to require installation of holding tanks. <br />After some discussion, the City Council adopted the <br />holding tank concept. <br />Councilmember Frahm moved, Mayor Butler seconded, to <br />require that holding tanks be installed en the Smith <br />property. Motion, Ayes (3), Nays (0). <br />NORTH SHORE DRIVE <br />;;;INA Bruce Douglas, attorney, and Larry Hork were present. <br />City Attorney Malkerson distributed a letter to the <br />Council on the North Shore Drive matter. Malkerson <br />noted his concern which was in order to rezone property <br />under the statute, that there are certain statutory <br />procedures that the City has to go through. ►-Salkerson <br />stated that he believed the right steps include a <br />public hearing and possibly an amendment to the <br />Comprehensive Plan, which amendment would have to <br />approved by the Metropolitan Council. Malkerson <br />suggested the drafting of a settlement stipulation <br />which would state that in the event that after the <br />public hearing, the City Council would rezone the <br />property, then that settlemient agreement would go into <br />affect. If in fact there wasn't a rezonir.g then the <br />agreement would be void. <br />Mayor Butler asked about how the Council would go atJout <br />granting the building permit. <br />City Attorney Malkerson stater4 that he didn't think <br />you could legally grant a building permit for a <br />building which is not permitted in the conditional use <br />In the present zone. Malkerson stated that the <br />statute says that you may not by variance grant <br />pe1mis-,101) to build something for a use that isn't <br />listrd as a permitted use. <br />• 1 <br />toninglwdministrator Mabusth stated that the staff has <br />already scheduled a public hosting for the resoning <br />for February 21, 1984- at the Planning Coanmission <br />r <br />