04-13-2020 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 13, 2020 6:03 o'clock p.m. Walsh clarified that the scenario is if someone has 49 yards but has 6,000 square feet that is being disturbed, one says that a permit is required and the other says that a permit is not required. Theoretically, someone could say they have 49 cubic yards and so they do not need a permit because it says "or." Barnhart stated they would need a permit Walsh referenced the language indicating that basically someone would not need a permit because they have less than 50 cubic yards because of the word "or." Barnhart said the last portion of the table is not in the code and is just for the City Council's reference. Johnson and Barnhart discussed the language used in the code and what would be more helpful and said the activity for permitting and the activity for interim use is in the code but the "no permit" language is not in the code. Walsh asked if the "no permit" language was just for the City Council's information and that what is in the code is the information above that area on the displayed document. Barnhart agreed and asked Mattick if there was language to make it more clear. Mattick referenced the language about grading, import, export, and stockpiling that is in the code and noted the summary is not in the code, so he does not necessarily see the conflict. Ile said Barnhart attempted to summarize when a permit is required. Walsh said it is a clarification to make sure that the summary is not handed out to anybody, and the "or" could be changed to "and," but it does not change the code that is being changed. Johnson noted the chart is very good and it is information that needs to be in the code. The chart would be helpful to residents, but the City does not want them to find a loophole. If the chart is used, it needs to be cleaned up. Johnson said the City is exceeding DNR standards in some areas and asked if there was a reason for that. Barnhart stated tree replacement is the area where the City exceeded the DNR requirements, where there is a prohibition against clearing and removal of large trees in the 0-75. He indicated the Planning Commission wanted some tiers in place: the bigger the tree, the more tree replacement. The way it is written now, it is more on the discretion of Staff. The City felt more comfortable having it written down. Johnson moved, Seals seconded, to approve LAI9-000091 — City Of Orono Text Amendment No. 243, Third Series Related to Grading and Land Alterations with the caveat that if the chart is published, that the chart be evaluated to make sure that it is clear. VOTE: Ayes 5 (Johnson, Crosby, Printup, Seals, Walsh), Nays 0. CITY ENGINEERIPUBLIC WORKS DIRECTOR REPORT 13. BIG ISLAND PARK ADA TRAIL PROJECT (19-033) - AWARD PLANNING DEPARTMENT REPORT Page 7 of 25