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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2015 6:30 o'clock p.m. 13. #15-3774 MICHAEL STEADMAN OB/O IRWIN ACOBS,1700 SHORELINE DRIVE — PRELIMINARY PLAT APPROVAL — RESOLUTION NO. 6569 (continued) McMillan noted the Council just approved the extension of McIntyre Lane. In that case the actual road extension is going to come off a different access and be built, but once the road extension is built, the building times are the same as the City Code. McMillan stated she would love to give everybody breaks in the City, but as an elected official, her job is to administer the City Code. The City Code lays out the home construction hours and everybody abides by them. McMillan noted there are currently two vacant lots next to Mr. Libby, and if those get developed at the same time as any one of these three homes, that contractor will basically be allowed to work from 7 a.m. to 7 or 8 p.m. McMillan stated they could be building on those lots and impacting the neighborhood but the people further down have to be on a whole different schedule. McMillan stated she is trying to be as fair as she can be to the entire City and have a set of codes that are enforced uniformly. McMillan stated she needs to justify a deviation from the code. McMillan stated she can understand the restrictions during the construction of the road since it is a city road but that she is troubled by the restrictions during the house construction. McMillan stated once the major roadwork is completed, the service vehicles will be parked further away from the neighborhood and that the owners have the same right as anybody else to construct their homes. McMillan stated it is a fairness piece and that the construction will impact the residents but that is the code the City Council and residents follow. Levang noted the buses will not run in the summer and that the summer work hours should be consistent with the City's code, which is seven days a week, 7 a.m. to 8 p.m. On Saturday, Sunday and holidays it is 8 a.m. to 8 p.m. Levang stated in her view that is only equitable since that is what every other builder in the City gets. Levang noted the contractor will also have to deal with weight restrictions in the spring. Levang stated the City does have a code that says the exterior of the house must be buttoned up within a year. Levang stated given the restrictions, what will probably end up happening is bigger and bigger crews being hired to get the work done, which will generate more traffic. Levang stated they need to look at it logically as well as equitably. Levang stated she would like the summer hours to revert back to what City Code allows and that she is okay with the road construction hours being limited. Printup noted the City Council discussed last minute changes earlier when it related to budgetary items and that some of the Council Members were opposed to that but that now they are talking about last minute changes relating to the resolution. Printup stated the developer was okay with the restrictions and that the Foxhill residents would get the short -end of the stick with the longer hours. Printup stated he liked some of the talk about school session hours versus summer hours, but that he would like to hear more public continent on that. Walsh stated after a number of discussions the City Council arrived at an accommodation relating to this development. Walsh stated while there may not be buses coming through in the summertime, the 17 kids will be there during the day, with the possibility of there being additional kids in the neighborhood. Walsh stated that change would take them in the opposite direction from what was previously discussed and revising something at the last minute. McMillan stated she struggles with the logic of it. McMillan stated ultimately the City Council makes the final decision but that they need to look beyond this situation and say what is fair for the City. Page 22 of 44