09-13-2004 Council Packet - Laserfiche WebLink

Home Browse Search

Hi- , . . T.* MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 23,2004 7:00 o’clock p.m. ’Sansevcrc asked whether the entire MCWD body had decided to label this ditch a wetland, or if an individual has taken it upon themselves to determine this. Peter Johnson stated that the wetland const-n ation act itself states that if it is a cnan made condition created to improve water flow, it is not a true w-etland. Charlotte Lipa, 3490 North Shore Drive, stated that she was interested in leamH;p about the process the City uses to determine wetlands and setbacks. Murphy repeated his as.sertion that the Council must look at the MCWD or staffs ability to look at a land use application and determine whether it has adverse affect on a wettand and the philosophy behind this assumption. Gappa agreed that it is oflen difficult to determine where the MCWD ‘.■.iands on development when they refuse to become part of the proress until late in the developmenv game. Marphy amended the earlier motion to adopt the Floodplain-partion of the Ordinance only. Sansevere seconded the amendment to the motion. McMillan urged staff and the Council to hold the work session to discuss the wetland issues soon as they pertain to new and rc-dcs<lopmcnt. She agreed furth-R' exami'-ation was necessary’, but also felt that the City must be respectful of maintaining its wetla»jd>; and w jtcr quality. Sansevere asked whether thr had the ability to ovemde the MCWD authority regarding the Mome’s judgment. Gaflron stated that, until the City takes away the authcTity that it gave the MCWT), the City must abide by their rules. Attorney Barrett concurred, stating that the City delegated the MCWD with independent jurisdiction. In addition, he suggested that sections 1 and 2 of the summary of the Floodplain Ordinance be included in the motion Marphy added Section 1 and Section 2 from the Summary of Ordinance No. 16, third Series, an Ordinance Amending Chapter 78 of the Orono Municipal Code by Deleting Sections 78- 1100 through 78-1176 and by Adding New Sections 78-1100 through 78-1140, regarding Floodplain Management, to his earlier motioa. VOTE: Ayes 4, Nays 0. Gaffron questioned whether the City Council saw the need to impose a moratorium on writing permits for wetland work during the discusMons. Murphy moved, Mc.Millan seconded, that due to the lack of a wetland management Ordinance, Ordinance No. 17, 3'^ Series Is adopted establishing a moratorium on activity involving wetfands as they are defined in the w'etland conservation act, will be imposed until the C'ity Conncil is able to adapt a new wetland management plan. \'OTE: Ayes 4, Nays 0. PAGE 7 of 9 ■I , i iMdi