08-23-2004 Council Minutes - Laserfiche WebLink

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Ll MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 23, 2004 7:00 o'clock p.m. Sansevere 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 conservation act itself states that if it is a man made condition created to improve water flow, it is not a true wetland. Charlotte Lipa, 3490 North Shore Drive, stated that she was interested in learning about the process the City uses to determine wetlands and setbacks. Murphy repeated his assertion that the Council must look at the MCWD or staff's ability to look at a land use application and determine whether it has adverse affect on a wetland and the philosophy behind this assumption. Gappa agreed that it is often difficult to determine where the MCWD stands on development when they refuse to become part of the process until late in the development game. Murphy amended the earlier motion to adopt the Floodplain portion 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 re- development. She agreed further examination was necessary, but also 00 felt that the City must be respectful of maintaining its wetlands and water quality. Sansevere asked whether the City had the ability to override the MCWD authority regarding the Morrie's judgment. a Gaffron stated that, until the City takes away the authority that it gave the MCWD, 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. Murphy 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 motion. 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 discussions. Murphy moved, McMillan seconded, that due to the lack of a wetland management Ordinance, Ordinance No. 17, 3'd Series is adopted establishing a moratorium on activity involving wetlands as they are defined in the wetland conservation act, will be imposed until. the City Council is able to adopt a new wetland management plan. VOTE: Ayes 4, Nays 0. PAGE 7 of 9