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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 stated the developer has offered up some concessions, she has thought about them, and is in agreement with a fair amount of them. McMillan stated she brought up the summer hours in the event the Council is willing to look at that. McMillan indicated she is worried about setting a precedent on the construction hours. McMillan stated sometimes the meetings get long and there are a lot of things that she thinks about during the meeting but that sometimes there are things in writing that raises questions as to whether it is 100 percent in the direction that will work. McMillan stated it is a process and that sometimes there are a lot of issues to look at. McMillan stated she also has to consider the people who are not at the meeting and how the CCO will be applied in the future. McMillan stated she is comfortable with eliminating construction on the road on the weekends but that in her view the restricted work hours on the homes is a little too onerous. Walsh stated when the Mayor uses the word precedent to defend herself, she is basically hiding behind it and that this is a unique situation and will not set a precedent. Coward stated if the Mayor is saying that this is the CCO and she lives by the CCO, which is something the Mayor should have been absolutely sacrosanct about from day one and not approved any concessions. Coward stated the Mayor needs to be consistent with that, and in this case she is bending way over backwards for the developer. McMillan stated it is her personal opinion and that she might not be in the majority. McMillan stated she tries to do her best to administer the CCO as a Council Member. Levang stated she has been paying attention to the CCO all along and that what is in the existing code allows a developer 89 hours a week. The Council and developer have agreed to 45 hours, which is a difference of over 40 percent. Levang stated in her view that is onerous and puts a huge demand on this development, which is not fair. Levang stated if they were talking about 10 or 15 percent, that would be one thing, but that given the very restricted hours, it is likely the contractor will need to increase his crew and do other things in order to get the work done. As a result, that will mean more cars in the neighborhood and a longer construction period. Levang stated she has had the CCO in mind all along and that they are making an exception here because the residents have asked the Council to do it and because the developer has been amenable to it. Levang stated it is not likely that most people would agree to a 40 percent reduction in work hours if it involved their house and that she is simply asking that the developer be treated fairly. Coward asked how the residents of this neighborhood are being treated fairly. Levang noted the developer has made a number of concessions. Coward asked how long this application has been in front of the City. Page 24 of 44