HomeMy WebLinkAboutcouncil minutes-2-27-06 �
MINUTES OF THE
� ORONO CITY COUNCIL MEETING
Monday, February 27, 2006
7:00 o'clock p.m.
(7. #06-3173 CITY OF ORONO IND USTRIAL DISTRICT ZONING STANDARDS
ORDINANCE AMENDMENT, Continued)
Mayor Peterson moved,Murphy seconded,to table the City of Orono—Zoning Code
Amendment,Industrial District Standards for further discussion. VOTE: Ayes 5,Nays 0.
*8. #06-3175 JAMES AND JUDIT�i PEIRPONT, 1801 WEST FARM ROAD—
RENEWAL LOT LINE REARRANGEMENT—RESOLUTION NO. 5431
White moved, Sansevere seconded, adopting RESOLUTION NO. 5431, a Resolution
Approving a Subdivision of a Lot Line Rearrangement for Properties Located at 1801 and
1849 West Farm Road—File#06-3175. VOTE: Ayes 5, Nays 0.
9. #06-3178 CITY OF ORONO,NONCONFORMiNG USES—Z01�ING CODE
AMENDMENT- ORDINANCE NO. 32,3RD SERIES
Gaffron explained that, in order to be consistent with State Statute revisions passed in 2004,the
proposed code amendment results in specific changes in the way the City does business regardin�
rebuilds and expanding nonconforming residential structures.He continued,noting that with regard
to residential rebuilds where there are pre-existing nonconformances, the Planning Commission has
attempted to establish tlueshold levels of sh-uciural removals or expansion that would n-igger the
entire new construction having to ineet code. Gaffron cited specifc changes on page 3, #3 of
Nonconforming Structures subsections 1-3,to further detail the limits to expansion of
nonconforming structures.
McMillan moved,White seconded, adopting Ordinance No.32,3�d Series,Amending Chapter
78 of the Orono Municipal Code by Amending Section 78-71 Regarding Nonconforming Uses
and Structures.VOTE: Ayes 5,Nays 0.
10. 1331 NORTH ARM DRIVE—REVIEW CONDITIONS OF RESOLUTION NO.
4026
Gaffron reported that the property owners have requested that existing heating and plumbing
fi�tures in an accessory building be approved for continued use,requiring a revision of Resolution
No. 4026 adopted January 26, 1998.While the original approval resolution required the removal
of plumbing and heating facilities prior to the issuance of the certificate of occupancy, today's
codes allow plumbing in accessory structures and do not address the issue of heating accessory
structures. Gaffron stated that staff has recommended an amendment to the language of the
original Resolution No. 4026 to allow plumbing for a sink and to allow heating facilities for the
accessory building,but would request the bathroom fixtures be disconnected and removed from the
building.
Gail Wilder and Peter Beck, representatives of the owner,requested that the residents be allowed to
disconnect without completely reinoving the tub and sho�ver, since this would require a great deal
of demolition. Instead, Beck suggested that the applicants build a bookshelf unit over the
tub/sho�ver to obscure their presence.
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
• Monday, February 27, 2006
7:00 o'clock p.m.
(10. 1331 NORTH ARM DRIVE—REVIEW CONDITIONS OF RESOL UTION NO. 4026,
Continued)
Murphy moved, Sansevere seconded, accepting and authorizing an Amendment of Resolution
No.4026 to remove the language requiring the removal of the plumbing and heating facilities
from the accessory building with the caveat that the tub/shower be allowed to remain encased
by a shelving unit.VOTE: Ayes 5,Nays 0.
12A. PRESENTATION BY GREG NYSTAD OF HILL SCHOOL
Moorse indicated he had advised representatives of the Hill School that the City was not supportive
of approving tax-exempt bond financing for the Hill School construction project,because of the
potential appearance of a conflict of interest, since the City was currently considering a variance
application for the construction project.
Nystad explained that the Hill School would like to bond to finance additions and improvements to
the school subject to the City approvals of their variance application. He stated that they hoped the
City would approve a bonding resolution so that they could begin a privately placed public offering
sometime in March.
Although the Attorney had indicated that there was no legal conflict of interest to approve the
bonding issue prior to the variances,Murphy stated that he was uncomfortable that the funding for
the bond issue might have the appearance of a conflict of interest.
Brokl reiterated that there was not a legal conflict of interest, though it was up to the City Council's
discretion whether they felt there was an appearance of a conflict to the public.
Sansevere stated that the mere appearance of a conflict of interest was of utmost concern to him
and stated that he could not endorse it until the variance process was completed.
Nystad stated that it was very common for money to be approved in advance of the variance
process for schools in order to lock in a lower SO1C3 rate for schools.
Sansevere reiterated that he would be more comfortable to get the bonding approval done after the
variance process was complete.
Having familiarity with funding for public purposes,White stated that he did not have a problem
with approving the funding for a SO1C3 project.
Murphy stated that he simply felt inadequate to make a judgment here and questioned whether it
might appear to the public schools that the City is funding the competition.
Gaffron stated that the variance process is a two phase application and would not be completed at
least until after the March Planning Commission Meeting.
Mayor Peterson stated that the City Council would prefer the Hill School complete its variance
process before the Council would consider the bondingrequest.
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7
MINUTES OF THE � !
ORONO CITY COUNCIL MEETING
Monday, February 27, 2006 •
7:00 o'clock p.m.
MAYOR/CITY COUNCIL REPORT
Sansevere stated that he found it offensive to be handed a draft resolution by an applicant, as just
happened by the Hill School representative,or in any case in an attempt to streamline the City's
process.
Murphy stated that he had seen a televised City Council meeting in Nebraska at which the City
Engineer provided the Council with an annual Street Rehabilitation plan and 5 Year Improvement
Plan for streets and sewer projects. He suggested that this might be useful information for Orono.
White stated that on the League of Cities website there is an interesting Risk Management
questionnaire with regard to a city's preparedness for emergency management and suggested the
City take a look at it as a resource for testing itself internally.
Moorse reminded the Council members of their Work Session scheduled February 28, at 6p.m.
Mayor Peterson thanked resident Dick Kroeger, in attendance, for the complimentary letter he had
submitted to the Sun Sailor with regard to the City of Orono.
CITY ENGINEER'S REPORT
There was none.
CITY ADMI1vISTRATOR'S REPORT
*11. DAKOTA RAIL TRAIL MASTER PLAN-RESOLUTION NO. 5432
White moved, Sansevere seconded, adopting RESOLUTION NO. 5432, a Resolution in
support of the final master plan for the Dakota Rail Trail.VOTE: Ayes 5,Nays 0.
*12. INVESTMENT ACCOUNT AGREEMENT WITH US BANK,N.A.,AND
SAFEKEEPING AGREEMENT—RESOLUTION NO. 5433
White moved, Sansevere seconded,adopting RESOLUTION NO.5433,a Resolution to
Designate Those Officers of the City of Orono Authorized for Investing and Safekeeping City
Funds With U.S.Bank,N.A. VOTE: Ayes 5,Nays 0.
CITY ATTORNEY'S REPORT
Attorney Brokl stated that he had been working on numerous issues including nonconforming uses,
the Industrial Zoning Standards,examining titles, a specific ROW issue,revising the department
police policy and procedures manual, and access issues with Mr. Floyd.
*13. LICENSES
There were no licenses.
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