05-09-2011 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 25, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 13 of 25 PUBLIC COMMENTS Dennis Walsh, 1354 Rest Point Circle, thanked Aaron Printup for bringing some fiscal sanity to the City Council. Walsh commented that Printup, being the top vote getter in the last election, vindicated his stance on fiscal responsibility and that Mayor McMillan also brings with her fiscal responsibility. Walsh thanked David Rahn for indicating that no budget item is too small to look at. Walsh commented that those two council members and the mayor are a good team and will bring some foresight to the Council. Walsh thanked Mayor McMillan for bringing in transparency to the City Council meetings by televising the meetings. The old council did not want transparency and they did not want the residents to know what was going on. Hopefully this new council will change those attitudes. Walsh commented that when you observe a council member and the city attorney eating lunch together one day, it makes you wonder what is going on behind the scenes. Franchot stated as the council member who was having lunch with the city attorney, both on their own nickel, there was nothing unusual going on. Franchot commented he is aware of Mr. Walsh's opinions about the budget, but that he would remind the Council they are simply opinions and that a lot of the things Mr. Walsh is assuming are not true. Mattick noted they did have lunch together and that it is good for the public to know that he routinely receives phone calls from the council members and the mayor and that he does occasionally meet with city council members. Mattick noted there is an attorney-client privilege that exists between himself and the council on certain matters and that not all of his conversations will be held in an open forum. PLANNING DEPARTMENT REPORT 6. #09-3411 DAVID FOX, 1095 FERNDALE ROAD WEST - VARIANCE EXTENSION - RESOLUTION NO. 6038 McMillan noted that typically you have 60 days to file for an extension prior to expiration of a variance. The variance expired in October of 2010 and it is now six months later. McMillan stated she would like to know how this should be handled from a legal point of view. Mattick commented that the 60 day provision is a relatively new ordinance provision and that it is intended to avoid an applicant coming in after their variance has expired and getting a full year renewal. The function of a variance or a CUP expiring is not something that is required by state statute or case law and it is something that has been implemented by Orono. The Council has codified that notion and said that if you apply within a year of the variance expiring, staff has the right to grant it. The language does not say that after that year it is automatically expired and you cannot do anything with it. After the 60 days have expired, Staff loses the ability to grant that extension. If Staff denies the extension, then the applicant can appeal it to the City Council. The City Council does have the option to deny the extension. Mattick stated the City Council does have the option not to hear these sorts of appeals and not grant the extension if the application is past the 60 days. Mattick stated in his opinion the ordinance was put in place to try and streamline the extensions and to avoid bringing them before the Council. Mattick stated in his opinion this is an extension that would have been granted by the Council without much fuss at all and it is truly a timing issue. Mattick noted they have not encountered this situation before where someone misses a timeline. Item #02 - CC Agenda - 05/09/2011 Approval of Council Minutes 04/25/2011 [Page 13 of 25]