10-28-2002 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 28, 2002 �• - 7:00 o'clock p.m. ( #02 -2843, PROFESSIONAL PROPERTIES OF ORONO, Continued) - Currently, Gaffron indicated that the City has extended the MCWD's 60 -day review period so that the City can present its case to the complete TEP panel before the MCWD board makes its final decision. The TEP panel is tentatively scheduled for November 7, the same day as the next MCWD Board meeting, therefore, final board action might be delayed until November 21, 2002. While the purchasers are willing to revise their site plan to mitigate by creating wetland in the proposed lawn area southwest of their building, Gaffron maintained that, at this point, the wetland has not been officially delineated and it is unknown how large it is and/or how big an area will needed for wetland mitigation. Sansevere questioned how common it was for our consultants to say the wetland was incidental and the MCWD to disagree, and say that it is a wetland in need of mitigation. Moorse indicated that this was the first time he was aware of this ever occurring. In fact, Moorse pointed out that the wetland delineator who first viewed the site wasn't convinced the site was worth delineating at all. Sansevere asked how then the MCWD was convinced otherwise, and concluded that others in • the TEP panel needed to look at it. Gaffron stated that MCWD's staff has come to a different conclusion than John Smyth, who felt the wetland should be exempt. The City, as well as John Smyth, have now been trying to pinpoint the delineation report in order to allow the buyers to proceed with their planning. Acknowledging that the applicants need to get something in the ground soon or wait until spring, White stated that the City needs to move this forward. He was frustrated by MCWD's lack of flexibility on this matter, and how their inability to make a decision would cost the applicant greatly. He questioned whether a political contact by the Council or Mayor could relay to the MCWD that this is an item of great concern, and cost, to the City of Orono. White urged the Council and staff to relay to MCWD that we like this development and don't want to lose it. He felt this intersection would be held up as the lynch pin piece for Orono and it was being hung up by whether someone was sure or not there was a wetland to be mitigated for. White reiterated that it struck him as being inflexible that the MCWD was unable to allow the applicant to go forward with any kind of solution. Attorney Barrett arrived at 8:36 P.M. Murphy pointed out that the City has not done well negotiating with the watershed district and he was unsure where the problem lies, especially since some of the same issues arose with regard to the fire station initially. 10 White questioned at what point the City stands up, gets involved, and goes to bat for a development that they would really like to see move forward, in an area surrounded by wetlands, we are arguing over one incidental wetland. PAGE 13 of 20