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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, May 23, 2016 <br />7:00 o'clock p.m. <br />5. ANNUAL PUBLIC HEARING FOR NPDES PHASE II STORM WATER PERMIT <br />(continued) <br />Mayor McMillan closed the public hearing at 7:52 p.m. <br />Levang noted on the City's home page, there is a drinking water report available to the residents. Levang <br />asked whether that report is part of this permit. <br />Edwards indicated it is part of a separate program but it is an annual report that the City makes available <br />to the residents. <br />McMillan commented the Public Works has been very prompt and regular in their street sweeping efforts. <br />Edwards noted the City just took delivery of their new street sweeper. <br />Levang moved, Printup seconded, to adopt the NPDES Phase H storm water permit. <br />VOTE: Ayes 5, Nays 0. <br />6. 16-3832 CITY OF ORONO, VARIANCE, PUBLIC HEARING <br />Barnhart stated the Parks Commission is in the process of developing an off -leash dog park within the <br />Lurton Park. The plan includes a 47 -inch high fence, an expansion of the parking lot, as well as picnic <br />tables and benches. Since some of the fencing is located within the wetland and lakeshore setback, a <br />variance is required. <br />The Planning Commission has not reviewed the variance application. The Council, by unanimous vote, <br />may waive reference of the application to the Planning Commission and hold the public hearing. <br />Barnhart stated this application was not brought before the Planning Commission since the City wanted to <br />move forward on the park as quickly as possible. If the decision to waive the review by the Planning <br />Commission is not unanimous by the Council, the application will be discussed at the June meeting of the <br />Planning Commission. <br />Levang moved to waive the review by the Planning Commission. <br />McMillan noted the City Council will hear public comments tonight if anyone in the audience would like <br />to speak to this application. McMillan asked if the City Council has the ability to send something back to <br />the Planning Commission if the Council discusses it tonight. <br />Barnhart stated what the Council would be doing tonight is voting on whether to waive the requirement <br />for the Planning Commission to review this item and that they do not have to vote on the variance if they <br />choose not to. Barnhart noted Staff did notice a public hearing for tonight on this matter but that the <br />Council does have the option to send it back to Planning Commission. In Staff's view, there has been <br />proper notice for the Council to hold the public hearing. <br />McMillan stated the thought is to hold the public hearing tonight but that the City Council has to first <br />waive the review by the Planning Commission <br />Page 9 of 23 <br />